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AGENDA PACKET_2021-12-07
HousingCity Council and Authority Meeting Packet 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember— Ward 1 A • LWO191IM1111r.111 • •; Soniarvl o Kristine Ridge City Attorney City Manager David Mayor• Tem - Ward Phil Bacerra • - • •' Nelida Mendoza • - • • Daisy Gomez Clerk of the Council In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 1 12/7/2021 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth - Safe and healthy community - Neighborhood pride - Thriving economic climate - Enriched and diverse culture - Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration - Efficiency - Equity - Excellence - Fiscal Responsibility - Innovation - Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed - Integrity - Honesty - Responsibility - Fairness - Accountability - Respect - Efficiency City Council 2 12/7/2021 Members of the public may attend the City Council meeting in -person or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at or on CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4-00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eQ0.1T111T1.e1ntr ..... a.i Please note the agenda item you are ........... .................. .......................... ........................ g�ag.� 1p .............. commenting on in the subject line of the email. All emails received before 4-00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION — Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser .htt s //us02well,-)..,..zoOlITI.,..Us�/��J��/?)1 .596 5149. To join the ................. P ......... �': ............................................................................ ........................................ ................ Conference Call- Dial (669) 900-9128 and enter MEETING ID- 315 965 149#. You will be prompted by the City Clerk when it is time for a- i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person up to full capacity. Face coverings are optional for members of the public who enter City buildings who have been vaccinated against COVID-1 9. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. MIT7571 0=1 : - 0 mo City Council 3 12/7/2021 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4-30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by i,-00 p.m. may not be permitted to speak. 1:111 1.14 ROO] N I N IQ 0 1 permitted to speak. permitted to speak. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball 4,11>,) or download a pdf (the cloud symbol with the down arrow Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan Mayor Pro Tern David Penaloza Mayor Vicente Sarmiento 'City Manager Kristine Ridge City Attorney Sonia R. Carvalho '%-*Ierk of the Council Daisy Gomez City Council 4 12/7/2021 PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. 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: MOMR1,0110001 nialli - 0 - 0 11 2 In re National Prescription Opiate Litigation, United States District Court (Northern District of Ohio), Case No. 1-17-md-02804 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8-. Address of Property- AP N #430-021-02; 1815 Carnegie Avenue, Santa Ana CA 92705. Negotiator- City Manager Kristine Ridge Negotiating with: Dyer 18 LLC Terms- Price and terms related to the possible acquisition of property. 0 1 0 . .0. - 0• - 1111:11111 a - Z •A III I I i �•I I I � I CT9410 gwo-WRIZI a 2 RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. RECONVENE — City Council will reconvene to continue regular City business. City Council 5 12/7/2021 KAS I 11IN N III NX001 I I L1 M 10 V xel I I W-11 M01:24 L1 161431, Ti F T TOT, &T, , W IT - 1=0 1. Certificate of Recognition presented by Mayor Sarmiento to Alondra Diaz for receiving the California Teacher of the Year Award and Outstanding Contributions to Education. 2. Proclamation presented by Councilmember Hernandez to Joe Andrade declaring December 16, 2021 as Josephine "Chepa" Andrade Day. 3. COVID-19 Update in the Community. 4. Orange County Transportation Authority Update. CLOSED SESSION REPORT - The City Attorney will report on any action(s) from Closed Session. IW1 -.14 LOAM*] Jill Jill;;! LIN mWe"Iffarkvi•�Mi - PWifflI1*7TWMr*VMT *K17@Xi=i— MOR• 11 1 1; IN a -Z 0 Mal I'll 11r-1 2 1 &12 [a] N011 I ej I L" orzgj I Is it b-afa I I a Inig-B 01 r, gor-M-71 a c;l 2 1 spa 2W.-j g I I I Ito bmal orr- -a 10, 0•0 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 32. M W741 =- 0 W-11 ST-M 07 =- Department(s): Clerk of the Council Office ZTZTOTI in I I =-, I k 0 F A47 rOT11 a 9 �- 51 "s M. STMErs I I I I =-, I 07-M 6. Minutes from the Regular and Special Housing Authority Meetings of July 20, 2021 Department(s): Clerk of the Council Office ZT7WOT1111"11 =-, or -To City Council 6 12/7/2021 7. Minutes from the Special Meeting of July 26, 2021 Department(s): Clerk of the Council Office . -.3 F-IT070040-Y171- i. Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORNIA, AMENDING ARTICLES 11. 1 AND 11.11 OF CHAPTER MUNICIPAL CODERELATING SUNSHINE ORDINANCE First reading at the November 16, 2021 City Council meeting and approved by a vote of 7-0. Published in the Orange County Reporter on November 26, 2021. Department(s): City Manager Office Recommended is Place ordinance on second reading and adopt. MUNICIPAL CODE REGARDINGHOUSING OPPORTUNITY ORDINANCE First reading at the November• 2021 City Council- •_ •approved b•- of 4-2 (Mendoza, Penaloza dissented and Bacerra abstained). Published in the Orange County Reporter on November 26, 2021. D-• -nt(s): Planning and Building Age Recommended r - Ordinance on - • • reading and adopt. Appoint10. _ -1 Greensides Nominated by • - •-r Hernandez as the Ward 5 Representative to the Environmental and Transportation Advisory Commission for a Partial -Term Expiring December 10, 2024 Department(s): Clerk of the Council Office Recommended Action: Appoint Nathaniel Greensides to the Environmental and Transportation Advisory Commission representing Ward 5 and administer Oath of Off ice. 11. Approve Destruction of Obsolete City Records - 0 . . ' • 'T' IE Recommended Action: Approve the request for the destruction of obsolete records from Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. City Council 7 12/7/2021 12. City Council Special Event Sponsorship Policy Update •13E•- • - 13. Approval of a Professional Service Agreement with Property Registration Champions, LLC (ProChamps) to Provide Professional Services for Administering a Local Program Requiring the Registration and Maintenance of Abandoned, Defaulted, and Foreclosed Properties as well as Vacant Lots, Structures, and Historic Properties Recommended Action: Authorize the City Manager to execute an agreement with Property Registration Champion LLC (ProChamps) to provide professional services for administering a local program requiring the registration and maintenance of abandoned, defaulted, and foreclosed properties as well as vacant lots, structures, and historic properties for a three-year term terminating December 6, 2024 with an option for two one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). 14. Agreement with ABM for Municipal Parking Facilities Operator (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with ABM Parking Services for operating services of the City -owned downtown parking facilities, for a five-year term with an option of five one-year extensions, beginning February 1, 2022 through January 31, 2027, for a total not -to -exceed amount of $13,326,785, which includes the management fees and reimbursable operating expenses, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Fourth Amendment to the Downtown Clean & Safe Program agreement with Downtown Inc.that provides daily cleaning, maintenance of downtown and will augment services to include special event preparation, street closures, and parklet maintenance services in the amount of $500,000 for the term of January 1, 2022 through December 31, 2022, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). 2. Approve the amendment to Section 2.04 to update the language 'Bi-Annual Financial Statement and Audit' and replace it with 'Quarterly financial statements and City Council 8 12/7/2021 expense reports must be submitted at the end of each quarter'. 16. Approve an Appropriation Adjustment, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809 1/21E. Santa Ana Blvd (Non -General Fund) (Contingent upon approval of Housing Authority Item #3). Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Density Bonus Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for a 55-year term, for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 1/21E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 2. Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., to defer approximately $510,000 of their development impact fees for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 1/21E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy (Agreement No. 2021 -XXX). a Z 0 810- Z HERIZE MIONMU" w rATI T 7 ". •. E I oil. # e V It. I fle # e 1. 1TM9 . 777777 1•1 Grants account (no. 60718830-69152) for the development of the FX Residences affordable housing project located at 801, 8077 809 and 809 1/21E. Santa Ana 13311vd. (Requires five affirmative votes) 17. Approve an Amendment to the Agreement with Aramark Correctional Services, Inc. for Inmate Food Services (General Fund) Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate meal services for the period of November 16, 2021 through June 30, 2023, including a 3.8% meal price adjustment, increasing the contract amount by $67,616.25 for the remainder of the three-year term, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). *W --------- - City Council 9 12/7/2021 Community Development and Adopt a Resolution to Enter into an Agreement with the State of California (Non -General Fund) Department(s): Community Development Agency T . . _Wfieri tie E-Inelgericj K =i. Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the Second Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). 3. Resolution No. 2021 -XXX — Adopt a Resolution authorizing the City to participate in the State of California Emergency Rental Assistance Program and authorizing the City Manager to enter into an Agreement with the State of California for the administration of $9,268,716.56 in new funding. 4. Approve a future appropriation adjustment recognizing an additional allocation of Emergency Rental Assistance Program funds from the State of California Department of Housing and Community Development in the amount of $9,268,716.56 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) 19. Adopt a Resolution Authorizing an Application Submission for Funding from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Funding though PMRF for the Grand Avenue Rehabilitation from 1 st Street to McFadden Avenue Project in the Amount Up To $972,882 $972,882. 20. Approve a Second Amendment for Specialized Legal Services with Burke, Williams & Sorensen to Amend the Term to June 30, 2023 and Set Compensation in an Amount Not to Exceed $950,000 (General Fund) Department(s): City Attorney Office Recommended Action: Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Burke, Williams & Sorensen, LLP City Council 10 12/7/2021 ("BWS") for litigation matters concerning the abatement of public nuisances, to amend the term of the agreement to terminate on June 30, 2023 and increase the compensation, in an amount not to exceed $950,000, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2021 - XXX). 21. Approve an Appropriation Adjustment and Award a Construction Contract to Colich & Sons L.P. in the Amount of $3,581,155.00 for the Flower Street Sewer Main Improvements Project with an Estimated Project Delivery Cost of $4,655,501.50 (Project No. 18-6616) (Non -General Fund) Recommended Action: 1. Approve an appropriation adjustment (2022-089) to recognize $1,685,502 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,685,502 in construction funds for the Flower Street Sewer Main Improvements Project (Project No. 18-6616). 3. Award a construction contract to Colich & Sons, the lowest responsible bidder, in accordance with the base bid in the amount of $3,581,155.00, for construction of the Flower Street Sewer Main Improvements, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,655,501.50, which includes $3,581,155.00 for the construction contract, $537,173.25 for contract administration, inspection and testing, and a $537,173.25 project contingency for unanticipated or unforeseen work. 22. Authorize a Purchase Agreement in the Amount of $399,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner The Ramboat Investments, LLC) (Project No. 18-6901) (Non -General Fund) azumi= Recommended Action: Authorize the City Manager to execute a purchase agreement with property owner The Ramboat Investments, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 2400 S Grand Avenue (APN 016-150-71) in the amount of $399,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). City Council 11 12/7/2021 Avenue / -55 Freeway Parcel in the Amount of up to $165,000 for Maximum Term of One Year (Non -General Fund) Recommended is Authorize the City Manager to execute a license agreement with Republic Waste Services of Southern California, LLC DA Republic Services for use of real property owned by the City at the terminus of East Alton Avenue between Standard Avenue and the -55 Freeway, for a ten-month term commencing December 20, 2021 and expiring on September 20, 2022, which will automatically renew month -to -month thereafter for a monthly fee of $13,750, for a total revenue amount of $165,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). 24. Approve Agreement Amendments with Econolite Systems Inc. and California Professional Engineering Inc. for Traffic Signal and Street Lighting Maintenance Recommended Action: Authorize the City Manager to execute a first amendment to the agreement with Econolite Systems Inc. to expand the Traffic Signal maintenance scope of work and increase the expenditure amount by $825,000, for a total agreement amount not to exceed $4,200,000 for the remaining term of the agreement expiring July 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. Authorize the City Manager to execute a first amendment to the agreement with California Professional Engineering Inc. to expand the Street Lighting maintenance scope of work and increase the expenditure amount by $360,000, for a total agreement amount not to exceed $2,619,184 for the remaining term of the agreement expiring October 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. 25. Approve an Agreement with Southern California Edison, for Schedule L-1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement Recommended Action: Authorize the City Manager to execute an agreement with Southern California Edison, for Schedule L-1 Option E, Energy Efficiency — Light Emitting Diode (LED) Fixture Replacement Rate Agreement, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). 26. Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterAT Water and Energy Efficiency Grant for the Generation of Solar Power at Garthe and West Pump Station Facilities Project (Non -General Fund) • •-• • - • • • ! ���• - • • •MISS- W City Council 12 12/7/2021 U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Water and Energy Efficiency Grant Program for the Generation of Solar Power at Garthe and West Pump Station Facilities Project, in an amount up to $2,000,000 (Agreement No. 2021 -XXX). 27. Approve an Agreement with David Volz Design Landscape Architecture, Inc. for Landscape Architectural Design Services for a new Dog Park Project at Centennial Park in an Amount not to Exceed $56,360 for a Three-year Term (Project No. 22- 2755) (Non -General Fund) Department(s): Public Works Agency and Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with David Volz Design Landscape Architecture, Inc. to provide conceptual design schemes for a new dog park at Centennial Park in the amount of $46,966, with a contingency of $9,393, for a total amount of $56,360, for a three-year term beginning December 7, 2021 and expiring December 6, 2024, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). 28. Amendments to the FY 2021-22 Capital Improvement Program adding the Local Street Curb Ramp Improvements FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) funds; Award a Construction Contract to Nobest Incorporated in the Amount of $299,090 for the Local Street Curb Ramp Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $554,582 (Project No. 22-7537) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Tear 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $554,582 in Community Development Block Gran (CDBG) fund. I 2. Award a construction contract to Nobest Incorporated, the lowest responsible bidder, in accordance with the base bid in the amount of $299,090, for construction of the Local Street Curb Ramp Improvements FY 2021-22, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $554,582, which includes $299,090 for the construction contract, $44,863.50 for contract administration, inspection and testing, and a $210,628.50 project contingency for unanticipated or unforeseen work. V: 1=1 I City Council 13 12/7/2021 Contracting, for a Revised Estimated Project Delivery Cost of $980,018, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) (Non -General Fund) Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: 1. Approve an Appropriation adjustment (2022-086) recognizing prior year fund balance $45,000 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $748,014 for the construction contract, $127,204 for contract administration, inspection and testing, and a $104,800 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program. for $45,000, which includes $15,000 in construction engineering funds and $30,000 for construction contingency funds, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) 40. Fiscal Year 2020-21 Measure M2 Year -End Expenditure Report and Measure M2 Seven -Year CIP MEN= Recommended Action: 1. Resolution No. 2021 -XXX — Adopt a resolution 1010, R I 1010, 0 SIVA kyl I VA" 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. 41. Approve an Amendment to Fiscal Year 2021-2022 Miscellaneous Fees Resolution specific to Athletic Facility Reservations Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2021 -XXX — Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year 2021-22 specific to the athletic facility reservations. 1 0 -IMLE�_ M City Council 14 12/7/2021 FIVOMMIM-1 Recommended Action: 1. Authorize the City Manager and the Chief of Police to enter into the attached Sub -Recipient agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, personnel, training and exercises authorized under the FY 2020 Urban Areas Security Initiative in an amount of $1,423,822, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2020 Urban Areas Security Initiative (UASI) Funding Program in the amount of $1,432,822. 3. Approve an Appropriation Adjustment (2022-087) recognizing $1,423,822 in the FY 2020 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos. 12514491 — various). (Requires five affirmative votes) 4. Approve an Appropriation Adjustment (2022-088) recognizing $120,000 in the FY 2021 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos. 12514407 — various). (Requires five affirmative votes) BUSINESS CALENDAR Department(s): Clerk of the Council Office Recommended Action: 1. Review calendar of regularly scheduled City Council meetings in 2022. 2. Cancel the regularly scheduled City Council meeting for January 4, 2022 and August 2, 2022. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code. Department(s): Clerk of the Council Office Recommended Action: 1. The Mayor calls for nominations for Mayor Pro Te position. City Council 15 12/7/2021 2. The Mayor closes nominations for the position. 3. The Mayor declares the result of the election. PUBLIC COMMENTS — Members of the public may address the City Council on ea Public Hearing item. i 35. Public Hearing — 2022 Downtown Santa Ana Business Improvement District Department(s): Community Development Agency Recommended Action: 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2022 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. Resolution No. 2021 -XXX — If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2022. 46. Public Hearing — Authorize Issuance of the Fiscal Year 21-22 Request for Proposals for Affordable Housing Development and Approve a Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan Legal Notice published in the Orange County Register on November 22, 2021. Department(s): Community Development Agency r. I St., 10 r_1 Wam 61141 r-Ir. . W, NO=- Nael T #1 o.#osa1S T 11.9plujeulks) Irl trie Ully U1 0a I I t W funding from the Inclusionary Housing Fund, HOME Investment Partnerships (HOME) Program, HOME —American Rescue Plan (HOME -ARP), Project -Based Voucher Program and Neighborhood Stabilization Program. 1 0 1 � LWA kTJ I aulal M MINI U4,61M."I OR' Ms City Council 16 12/7/2021 (Requires five affirmative votes) i I ON 0 9 1 11111:115-12 - nFlaiiin 10153WOK11110010W M31 RITHRUNs I N M�wv 0=0 FM-9 - im Legal Notice published in the Orange County Reporter on November 26, 2021 and notices mailed on November 19, 2021. M Recommended Action: 1. Resolution No. 2021 -XXX — Adopt a resolution certifyinig Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Resolution No. 2021 -XXX — Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Resolution No. 2021 -XXX — Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. 38. Discuss and Consider Directing the Clerk of the Council to Continue Virtual Public Participation for all City Meetings — Councilmember Phan 39. Discuss and Consider Directing the City Manager to Direct Staff to Introduce a Resolution Supporting PFAS Legislation that Protects Ratepayers and Water/Wastewater Agencies — Councilmember Mendoza COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT — Adjourn the City Council meeting and convene to the Housing Authority meeting. UlTimi 1. Mental Health Mobile Outreach Services 2. Housing Element Update City Council 17 12/7/2021 CALL TO ORDER ATTENDANCE Authority Members U33M 'City Manager City Attorney U M I Johnathan Ryan Aernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez ` r 1 1 �,I �, f, W f El PTb7c InEq,, aualess illernson the Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. 1. Excused Absences 1L-1 ON, I liq 11174 1 U 2. Minutes from the Special Housing Authority Meeting of July 20, 2021 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. (Please refer to Agenda Item #6 in the City Council meeting agenda) BUSINESS CALENDAR City Council 18 12/7/2021 4. Approve a $1,656,947 Loan Agreement and a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the Development of the FX Residences Affordable Housing Project Located at 801, 807, 809 and 809 1/2E. Santa Ana Blvd. (Non -General Fund) (Contingent upon approval of City Council Item #16). Department(s): Community Development Agency Recommended Action: 1. Approve an amended award of $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 1/2E. Santa Ana Blvd. to offset a portion of the additional construction costs associated with the project since approval of the pre -loan commitment for the project by the Housing Authority on January 15, 2019. 2. Authorize the Executive Director of the Housing Authority to execute a Loan Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for $1,656,947 in Low and Moderate Income Housing Asset Funds for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/ E. Santa Ana Blvd., subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 3. Authorize the Executive Director of the Housing Authority to execute a ninety-nine (99) year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/ E. Santa Ana Blvd, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 4. Authorize the Executive Director of the Housing Authority to execute a future Subordination Agreement with a senior lender for the development of the FX Residences affordable housing project, subject to non -substantive changes approved by the City Manager and City Attorney. 0• - 0 0' •ivi I ivi 1 :11 L1 ADJOURNMENT — Adjourn the Housing Authority meeting. City Council 19 12/7/2021 Minutes of the Regular Meeting of the City Council City of Santa Ana, California July 20, 2021 REGULAR OPEN MEETING — 5:45 prn (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Due to Governor Gavin Newsom's 11 ( e, i rtii ve Oii°Aeir and the City Council's of os;alll III inneirgeins;y, there was limited in -person meeting location for the community to attend public meetings. N K"IMA OW;m M211 CALL TO ORDER ATTENDANCE Council Members Mayor Pro Terr Mayor Manager City Attorney Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza Thai Viet Phan David Penaloza Vicente Sarmiento Kristine Ridge Sonia R. Carvalho Daisy Gomez MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:08 p.m. Clerk of the Council conducted roll call. All councilmembers were present. Councilmember City Council ro — 1 IMO/2021 Bacerra joined the meeting at 5:18 p.m. and Councilmember Mendoza came in at 5:24 p.m. PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. MINUTES: Sandra Pocha Pena of Media Arts Santa Ana asked council to remove the Cypress Station off the surplus list and work with the community to restore property. Selica Diaz spoke in support of saving and restoring the Cypress Fire Station located at 625 S. Cypress Avenue. In addition, advocates to having the Family Justice Center or a police substation located at said address and requesting that council bring back City Park Rangers and a fulltime parks cleaning crew. Taylor Rudd spoke regarding his commitment to the restoration of the Cypress Fire Station. Irma Jauregui supports keeping the property located at 625 S. Cypress Avenue and requested for a proper assessment of said property followed by a community survey. Prior to recessing to consider closed session items, Mayor Sarmiento made an announcement regarding regular open session item 25. 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-. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8-. Address of Property- 625 S. Cypress Avenue, Santa Ana, CA 92701 (AP N# 404-102- 06) Negotiators- City Manager Kristine Ridge Negotiating Party- T. R. Customs, Owner, Taylor J. Rudd Terms- Potential Sale of Cypress Fire Station I I or --A OR Lei rw I ILWJ On@ Rgzgg Lai@ lamyj @I ge"I 2 0• ON RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Closed Session item (s) at 5:22 p.m. City Council 25-2 IMO/2021 RECONVENE — City Council will reconvene to continue regular City business. MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5.-55 p.m. and convened to the Regular Open Session. City Council 36-3 IMO/2021 Mayor Sarmiento called the Regular Open Session meeting to order at 6:03 p.m. ROLL CALL MINUTES: Clerk of the Council conducted roll call. All councilmembers were present. Mayor Sarmiento announced that Council will not select a waste hauler tonight and that the purpose of Item 25 is for Council to consider adopting a resolution of intent. PLEDGE OF • r INVOCATION Pastor• • 1. Certificate of Recognition presented by Councilmember Bacerra to Connie Hamilton for Outstanding Contributions to the Community. 2. Certificate of Recognition presented by Councilmember Hernandez to Alexis Rocha for Outstanding Contributions to the Community. MINUTES: Certificate of Recognition to Alexis Rocha was not considered at the July 20, 2021 council meeting. 3. COVID-19 gate in the Community. MINUTES: City Manager Kristine Ridge provided a brief update on the COVID-19 new variants, trends on positive case rates, the City's status on vaccines, mask wearing guidelines, and social and health disparities in Orange County launched by Advance OC. In addition, announced that Latino Health Access is still providing COVID-19 testing in the City. MINUTES: City Attorney Sonia Carvalho announced the reportable action on the real property closed session item. By a unanimous 7-0 vote the City Council decided to reject the offer to buy property at 625 S. Cypress and desist any further negotiations to sell the property. Council would like staff explore using this site for community oriented programing; and inquired regarding additional security to ensure the property is preserved during the time when staff is researching additional options. PUBLIC— Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened. MINUTES: Ronnie Sandoval, CEO for Civic Center Housing Corporation, is opposed to facial City Council �b — 4 IMO/2021 recognition for housing assistance use and asked council to dismiss any use of facial recognition technology. In addition, requested to meet with the City Manager and City Attorney to finalize the process of purchase of property, Town Square Condominium Project. Peter A. Katz spoke regarding Item 25 and in favor of holding a public hearing for public to decide contract. Norm Fisher spoke in support of Item 23 regarding the of Lyon Street name change. Jonathan Sanabria requested assistance with public nuisance his neighborhood is experiencing. Lisa Dermast, on behalf of Santa Ana Elks Lodge, spoke in support of Item 23. Lucia Gonzalez spoke regarding Item 26 to express support of reallocating enforcement cannabis funds towards youth services. Linda Fernandez spoke in support of Item 23. Nancy Lewis, member of the Santa Ana Elks Lodge, spoke in support of Item 23. Jeff Brunett spoke in support of Item 23 and the contributions to veteran residents provided by the Elk National Foundation. Leticia Rodella spoke in support of Item 23 and the scholarship contributions awarded by the Elk National Foundation. Bernie Dennis, Chairman of the Board of Trustees for the Elks Lodge, spoke on Item 23 and expressed support of Lyon Street name change. Tania Castaneda, Republic Services Municipal Manager, spoke on Item 25, clarified information, and noted how their company can be the best option. Carl Benninger, Com-Link representative, spoke on Item 25 as it pertains to the Green Initiative to help curb global warming, requested more solar programs, and that the city invest in more electric vehicles. Courtney Calderon spoke regarding various topics including privatization of services and the importance of prioritizing the lower income residents needs. Victor Mendez thanked staff for the CO VID report and the comparison between the state and the county, spoke in support of Item 10, regarding item 12 implored council to get rid of contingencies and set policy regarding large amounts, spoke in support of Item 32 and workers' compensation services. Chayanne Hernandez, Waste Management employee and Santa Ana resident, spoke regarding item 25 and in support of renewing Wastes Managements contract with the City. Deffino Roal Waste Management employee and Santa Ana resident, spoke regarding Item 25 and in City Council ffi — 5 TMO/2021 support of renewing Waste Management's contract with the City. Rodolfo Orejel, Waste Management employee, spoke regarding Item 25 and in support of renewing Waste Management's contract with the City. Jose Amezcua, resident of Santa Ana and employed with Waste Management, spoke in support of renewing Waste Management's contract with the City. Ron Herrera, Principal Officer of Teamster Local 396, spoke on behalf of the prior speakers and the sense of community as it relates to Item 25. Clerk of the Council Daisy Gomez reported out on correspondence received prior to hearing public comments via Zoom. Victor Payan, Director of Media Arts Santa Ana, spoke in regarding Item 26 and requested cannabis funds be put towards the arts. Additionally, asked for investigation of Downtown Inc. and their work on the Art Walk. Denise Reynoso expressed concern with the lack of security in Downtown Santa Ana and asked council to support parking enhancements. Manny Escamilla spoke on Item 27 and asked for Council's support to add transparency of legal documents of ongoing cases, which are already public, be made easily accessible to the public. In addition, spoke in support of Item 29 regarding funding that is being directed towards the Library. Lastly expressed support of Item 30, Hairo Cortes, resident and Executive Director of Chispa, spoke in support of Item 29 to support low income families. Taylor V. spoke in support of Item 26 and cannabis funds to be diverted to youth services, mental health counselors, teen mom programs, etc. Danny Vega spoke in support of Chief Valentin and against Police Officer's Association president. Bulmaro Boomer Vicente, resident and Policy Director with Chispa, spoke in support of Item 26, believes the city can do more to invest in youth. Urged council to transfer funds from enforcement activities into youth services. Lastly, asked for the allowance of ongoing community input in this process of creating new and expanding existing programs. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 23. Department(s): Clerk of the Council :?ZT971 in I I =-1 A 0 FA475T110 STMErSTE, I =-1 I 07-M City Council (B — 6 IMO/2021 MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Council discussion ensued and provided input to staff regarding the use of polling to determine whether speed bumps are necessary. Received and filed. 6. Receive and File Certification of Approval by City Engineer of Final Parcel Map 2019 139 (2727 North MainPlace Drive) (Applicant and Owner MainPlace Shoppingtown LLC) I azumi= Recommended Action: Receive and file certification of approval by City Engineer of final Parcel Map 2018-139. MINUTES: Councilmember Phan recused herself from Item 6 due to a conflict of interest 7. Approve Appropriation Adjustment Accepting California Governor's Office of Emergency Services Community Power Resiliency Grant Funds for Water Production Facilities in the Amount of $300,000 (Non -General Fund) Recommended Action: Approve an appropriation adjustment accepting California Governor's Office of Emergency Services Community Power Resiliency grant funds in the amount of $300,000 into the Public Works Emergency & Health Grants, State Grant -Direct revenue account and appropriate the same amount into the FEMA/OES Disaster Assistance, Machinery & Equipment expenditure account for expenses in Fiscal Year 2021-22 (Agreement No. 2021 -XXX). (Requires five affirmative votes) Approve Appropriation Adjustment AcceptingDepartment of Health and Huml Services (HHS) Grant Funds for the Health Equity and Literacy in OC (HEAL-OC) Initiative in the Amount of $4,000,000 1 City Council � — 7 IMO/2021 Literacy in OC initiative in the amount of $4,000,000 into the Health & Equity Literacy revenue account and appropriate the same amount into the Health & Equity Literacy expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute all necessary agreements with the HEAL-OC subrecipients (Coalition of OC Community Health Centers, Latino Health Access, Orange County Asian & Pacific Islander Community Alliance, and UC Irvine) to administer the initiative subject to non -substantive changes approved by City Manager and City Attorney (Agreement No. 2021 -XXX). MINUTES: Mayor Sarmiento thanked staff for their hard work regarding Item 8. 11 11l; IiIi! MM 8. Award a Purchase Order to PCI in an Amount not to Exceed $4,938,000 for up to a Six -year Term for Roadway Striping and Sign Maintenance (Specification 21-065) (General Fund and Non -General Fund) Recommended Action: Award a blanket purchase order contract to PCI, for roadway striping and sign maintenance, in an annual amount of $823,000 and a total not excee4 amount of $4,938,000, for a two-year period beginning August 1, 2021 and expiring July 30, 2023, with provisions for two two-year renewal periods exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. 10. Award Purchase Orders to Penske Chevrolet of Cerritos in the Amount of $115,682 for Two Chevrolet 2500 HID Trucks (Specification No. 21-047), and to Guaranty Chevrolet Motors Inc. in the Amount of $62,170 for Two Chevrolet Colorados (Specification No. 21-064) and in the amount of $593,820 for Eight Chevrolet 3500 HID Trucks (Specification No. 21-044) (Non -General Fund) azumi= Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for two Chevrolet 2500 HID Trucks with various bodies, in the amount of $115,682 plus a contingency of $5,000, for a total amount not to exceed $120,682, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc. for two Chevrolet Colorado trucks in the amount of $62,170 plus a contingency of $2,830, not to exceed $65,000, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors Inc., for eight Chevrolet 3500 HID trucks with various bodies, in the City Council 86-8 IMO/2021 amount of $553,820 plus a contingency of $40,000, for a total amount not to exceed $593,820, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Phan recused herself from Item 10 due to conflict of interest. Mayor Sarmiento recused himself from Item 10 due to a conflict of interest. 11. Approve Additional Contingency Funds in the Amount of $70,000 for an Existing Construction Contract with Dream Builders Company for the Adams Park Restroom Renovation Project with an Estimated Project Delivery Cost of $226,000 (Project No. 20-2708) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an amendment to the Project Cost Analysis in the amount of $70,000 in additional contingency funds for a total estimated construction delivery cost of $226,000, which includes $104,900 for the construction contract, $26,100 for contract administration, inspection and testing, and a $95,000 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 12. Award a Construction Contract to RS Construction & Development Inc. in the Amount of $632,251 for the Santa Ana Library Children's Patio Fiscal Year 2020-21 Project with an Estimated Project Delivery Cost of $790,251 (Project No. 20-2500) (Non - General Fund) Recommended Action: 1. Award a construction contract to RS Construction & Development Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $632,251, for construction of the Santa Ana Library Children's Patio FY 2020-21, for the term beginning July 20, 2021 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $790,251, which includes $632,251 for the construction contract, $95,149 for contract administration, inspection and testing, and a $62,851 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $884,351, which includes $94,100 in preliminary engineering funds and $790,251 in construction funds, for the Santa Ana Library Children's Patio Project (No. 20- 2500). 13. Approve Agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. for Sewer System Repair Services for a Total Amount not to Exceed $4,000,000 for up to Five Years (Non -General Fund) City Council %_9 IMO/2021 Recommended is Authorize the City Manager to execute agreements with W.A. Rasic Construction Company, Inc., Mladen Buntich Construction Co., Inc. Mike Prlich and Sons, Inc., Dominguez General Engineering, Inc., and Paulus Engineering, Inc. to provide sewer system repair services, for a three-year period beginning July 20, 2021 and expiring July 19, 2024, with provisions for one two-year renewal period exercisable by the City Manager and City Attorney, for a shared aggregate amount not to exceed 4,000,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). 14. Amend Agreement with Landscape West Management Services, Inc. to Increase the Annual Contract Amount by $250,000 for Median Landscape Maintenance Services (Non -General Fund) Recommended Action: Authorize the City Manager to execute an amendment to the agreement with Landscape West Management Services, Inc., for right-of-way and median landscape maintenance services, to increase the annual amount by 250,000, for a total annual amount not to exceed $1,270,000 and a total agreement amount not to exceed $5,080,000 for the remaining term of the agreement ending on June 30, 2023, plus a two-year extension exercisable by the City Manager and the City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento :0 ABSTAIN:0 ABSENT:0 Status: 7-0-0-0— Pass MINUTES: Councilmember Lopez provided input to staff regarding a lack of landscape maintenance and a move towards planting trees. This consent Item — Agreement A'o. 2021-133 was approved. 15. Approve a La•' Sale Agreementand Easement Sale Agreement in the Amount of 'e for a Real Property Sale to Orange County Transportation Authority in exchange for the cost of Water Facility Improvements At SR-55 / Ritchey Street and Pullman Street (Project Nos. 19-6438, 19-6439 and 19-6440) (Non -General Fund) Recommended Action: 1. Authorize the City Manager to execute a Land Sale Agreement with the Orange County Transportation Authority for the partial property City Council 13D— 10 IMO/2021 located east of Ritchey Street and north of Warner Avenue (AP N 403-072-02) in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). 2. Authorize the City Manager to execute an Easement Sale Agreement with the Orange County Transportation Authority for a portion of Pullman Street right-of-way located north of Dyer Road and south of Warner Avenue in the amount of $0 in lieu of the project cost for the water facility improvements at SR-55 / Ritchey Street, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021-XXX). MINUTES: This consent Item - Agreement Nos. 2021-134 and 2021-135 were approved. 16. Approve Agreements with Transportation Studies, Inc. and Aim Traffic Data, LLC in an Aggregate Amount not to Exceed $100,000 for up to a Five-year Term (Non - General Fund) ME== Recommended Action: Authorize the City Manager to execute agreements with Transportation Studies, Inc. and AimTD, LLC to provide traffic counting services for a three-year term beginning July 20, 2021 and expiring June 30, 2024, with provisions for two, one-year extensions exercisable by the City Manager and the City Attorney, in a total aggregate amount not to exceed $100, 000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). I , M �_10 1,01'eial a WIQ skyj K_;&_2 [a] Al LVAIMIAR L• PER 151F 20, Recommended Action: Authorize the City Manager to execute a three-year agreement with Blue Technologies Smart Solutions ("BlueTech") for continued access and support services for the Manage Data Management Systems ("iManage") for the period of August 1, 2021 through July 31, 2024 in the amount of $85,750, which includes the annual billing amount of $25,250 for the Manage System, and a contingency amount of $10,000 to pay for additional support services as directed by the City, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021- ). MINUTES: This consent Item - Agreement No. 2021-137 was approved. 18. Approve Agreement with Liebert Cassidy and Whitmore ("LCW') and Approve Amendment to Agreement with Atkinson, Andelson, Loya, Ruud, & Romo ("AALRR") to Provide Special and Limited Legal Counsel Services (General Fund) Ift �* I W, City Council 131-11 IMO/2021 Recommended Action: 1. Authorize the City Manager to execute an agreement with LCW to provide special legal counsel services not to exceed $100,000 for the duration of the term of the agreement expiring June 30, 2024, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). 2. Authorize the City Manager to execute an amendment to the agreement with AALRR to provide limited legal services by increasing the compensation amount by $50,000 (for a total not -to -exceed compensation amount of $100,000) for the duration of the agreement expiring April 14, 2024, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2021 -XXX). MINUTES: Councilmember Phan recused herself from Item 18 due to a conflict of interest Executive Director of Human Resources Departments addressed council regarding the increased amount. Council discussion ensued and provided input to staff. This consent Item - Agreement Nos. 2021-138 and 2021-139 were approved. Moved by Councillmember Mendoza, seconded by Mayor Sarmiento Approve. I YES: 6 - Bacerra, Hernandez, Lopez, Mendoza, Penaloza, Sarmiento NO: 0 ABSTAIN: 1 - Phan ABSENT: 0 Status: 6-0- 1 - 0 - Pass 19. Authorize Quitclaim of a Portion of a Traffic Signal Easement (2727 North Main Place Drive) (Applicant -and Owner- Mainplace Shoppingtown LLC, a Delaware Limited Liability Company) for $4,000 (Non -General Fund) m T.-MmIrl; mmmare mmenmr� Recommended Action: Authorize the City Manager to execute a quitclaim deed relinquishing the City's interest in a portion of a traffic signal easement at 2727 North MainPlace Drive to Mainplace Shoppingtown LLC, a Delaware limited liability company for $4,000, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: Councilmember Phan recused herself from Item 19 due to conflict of interest. This consent Item - Agreement t1o. 2021-183 was approved. 20. Adopt a Resolution Authorizing the City Manager to Execute Sub Grant Agreements to Receive Workforce Innovation and Opportunity Act funds for a Three -Year Period Expiring June 30, 2024 (Non -General Fund) City Council 1E2- 12 IMO/2021 Department(s): Community Development Agency Recommended Action: Resolution No. 2021 -XXX — Adopt a Resolution authorizing the City Manager or designee to execute sub -grant agreements (AA211027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a three-year period from July 1, 2021 to June 30, 2024 subject to non -substantive changes approved by City Manager and City Attorney (Agreement No. 2021 -XXX). MINUTES: This consent item - Resolution No. 2021-040 was approved. MINUTES: Councilmember Phan recused herself from Item 21 due to a conflict of interest This consent Item - Resolution No. 2021-041 was approved. 22. Approve a Shelter Budget for Furnishing, Fixtures and Equipment in an Amount not to exceed $1,000,000 for One -Time Purchases (Non -General Fund) Recommended Action: Approve a shelter budget for furnishings, fixtures and equipment in an amount not to exceed $1,000,000, in one-time direct purchases with various vendors, and approve for the purchasing department to utilize cooperative contracts and employ other practical procurements methods to ensure the shelter is fully equipped and furnished by the opening date, subject to non -substantive changes approved by the City Manager and City Attorney. 23. Street Naming No. 2021 -01 to Change the Name of a Segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter Development to South Elk Lane Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Street Naming No. 2021 -01 to change the name of a segment of South Lyon Street between East Edinger Avenue and East Saint Andrew Place within the PacifiCenter development to South Elk Lane. City Council V— 13 IMO/2021 Moved by Councilmember Bacerra, seconded by Councilmember Mendoza to approve Consent Calendar items 4 through 23 with the exception of items 5, 14, and 18. Councilmember Phan recused herself from Items 6, 10, 18, 19, and 21 due to a conflict of interest and out of an abundance of caution. Mayor Sarmiento recused himself from Item 10 due to a conflict of interest. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass BUSINESS CALENDAR- 24. Approve an Agreement with All City Management Services, Inc. for the School Crossing Guard Program for Either up to a Two-year Term in an Amount Not to Exceed $2,593,334, or up to a Five -Year Term in an Amount Not to Exceed $6,869,996 (General Fund) I: As *T_e_Uf _1 U. TTA-gt UW f I-W In Option 1 - Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $2,357,576 with a 10 percent contingency of $235,758, for a total amount not to exceed $2,593,334 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with an option for a one-year extension, subject to non -substantive changes approved by the City Manager and City Attorney. Option 2- Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the amount of $6,245,451 with a 10 percent contingency of $624,545, for a total amount not to exceed $6,869,996 for a one-year term beginning July 20, 2021 and expiring July 19, 2022, with options for four, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. MINUTES: City Manager Kristine Ridge provided background history of item. Council discussion ensued and provided input to staff. Moved by Councilmember Bacerra, seconded by Councilmember Hernandez to approve Business Item, Option 1 - Agreement No. 2021-141. City Council 131-14 IMO/2021 YES: 6 — Bacerra, Hernandez, Lopez, Mendoza, Penaloza, Sarmiento NO: 1 — Phan ABSTAIN: 0 ABSENT: 0 Status: 6— 1 —0-0— Pass 11 1 1 MEMO= 3276 =0- azumi= Recommended Action: Resolution No. 2021 -XXX — Adopt a resolution declaring the City Council's intent to hold a public hearing on August 17, 2021 to award a solit, waste franchise to one of four proposers, which includes Athens Services, CR&R Environmental Services, Republic Services, or Waste Management. MINUTES: Executive Director of Public Works Agency Nabil Saba provided a brief presentation. Council discussion ensued and provided input to staff. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra to approve Business Item - Resolution No. 2021-042. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass 26. Consideration of Ordinance Amending the Cannabis Public Benefit Fund Restricted Uses for Additional Youth Services Recommended Action: Introduce and conduct first reading of an ordinance amending the Cannabis Public Benefit Fund to provide authority to transfer allocations between youth services and community enforcement activities. MINUTES: City Manager Kristine Ridge provided a brief presentation. Council requested clarification, discussion ensued, and provided input to staff. Councilmember Lopez, Councilmember Bacerra and Mayor Pro Tern Penaloza requested a breakdown of allocation of funds by department. Council will adopt ordinance at a future meeting. Moved by Mayor Sarmiento, seconded by Mayor Pro Tern Penaloza to Approve to Introduce Ordinance. City Council 115— 15 TP90/2021 YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass •13E•- •� I 17P Memo 0 d MINUTES: City Manager Kristine Ridge introduced the item. Management Assistant Daniel Soto provided a brief presentation. Council discussion ensued and provided input to City staff regarding radius size as it pertains to notifications for projects, length of time before agenda is published, and lobbyist language. 28. Informational Report regarding the Installation of Rainbow Crosswalks in Downtown Santa Ana F MOUNT 1 11111 11 0 0 . MINUTES: City Manager Kristine Ridge introduced the item. Management Assistant Daniel Soto provided a brief presentation. Council discussion ensued and provided input to City staff regarding locations and timing of installation, the colors of the pride mural crosswalk, and obtaining input from the Arts & Culture Commission. 29. Approve the $80,012, 101 Revive Santa Ana Spending Plan and Appropriate Federal American Rescue Plan Act (ARPA) Funding Continued from the July 6, 2021 City Council Meeting. •53EMMOM Recommended Action: 1. Approve the $80,012,101 Revive Santa Ana Spending Plan to protect and revive our community as we emerge from the impacts of the COVID-19 pandemic. 2. Approve an appropriation adjustment (#2021-212) of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID-1 9, including authorization for the City Manager to move appropriated money between spending plan line items to reflect evolving federal guidelines and individual program popularity. (Requires five affirmative votes) MINUTES: City Manager Kristine Ridge provided a brief presentation. City Council 133— 16 IMO/2021 Council discussion ensued and provided input to City staff. Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Hernandez to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 :7-0-0-0— Pass PUBLIC COMMENTS — Members of the public may address the City Council on Publ • items. I 40. Resolution Affirming the Fiscal Year 2020-2021 Dangerous and Abandoned Buildings Program Report and Authorizing the Transmittal of Uncollected Dangerous and Abandoned Building •- in the Amount of $59,313.79 to the Office • Auditor Controller, County of Orange (Non -General Fund) Legal Notice published in the Orange County Reporter on July 9, 2021 and -,iotices mailed • July 8, 2021. • 11-To ZMW _V MINUTES: Alvaro Nunez, Code Enforcement Manager, provided a brief presentation. Mayor Sarmiento opened the public hearing at 10:05 p.m. Seeing no public comments, council discussion ensued. Mayor Sarmiento closed the public hearing at 10:25 p.m. P1 Session Agenda). Moved • Mayor Pro Tern Penaloza, seconded • Councilmember Bacerra ttr approve Resolution No. 2021-043. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 City Council 17-17 IMO/2021 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass BUSINESS CALENDAR 31. Approve Appropriation Adjustments Recognizing Housing Assistance Payments in the Amount of $1.3 million and $488,616 in Administrative Funds to Administer Eighty -Nine New Emergency Housing Vouchers; Authorize the City to Enter into a Memorandum of Understanding with the Orange County Continuum of Care; Approve an Update to the Housing Choice Voucher Administrative Plan; Authorize the City Manager to Execute a Future Agreement with a Service Provider to Provide Housing Search Assistance I 1. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Housing Assistance Payments funds in the amount of $1,316,892 in revenue account and appropriating same to expenditure account to administer eighty- nine new vouchers. 2. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Preliminary Administrative funds ($35,600), Administrative funds ($141,516) and Service Fees ($311,500) in the total combined amount of $488,616 in revenue account (No. 18018002-various) and appropriating same to expenditure account (Nos. 18018760-various) to administer eighty-nine new vouchers. 1. Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with the Orange County Continuum of Care effective July 20, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. 2. Approve an update to the Housing Choice Voucher Administrative Plan and authorize submission to the United States Department of Housing and Urban Development. 3. Authorize the City Manager to execute a future agreement with the Orange County United Way or another designated Service Provider to utilize Emergency Housing Voucher Service Fees in an amount not to exceed $311,500 to provide housing search assistance for Emergency Housing Vouchers issued by the Housing Authority, City Council laB— 18 IMO/2021 subject to non -substantive changes approved by the City Manager and City Attorney. 4. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers, subject to non -substantive changes approved by the City Manager and City Attorney. Moved by Councilmember Hernandez, seconded by Councilmember Lopez to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7 —0-0-0— Pass 42. Discuss and Consider Directing the City Manager to Direct City Staff to Draft an Ordinance that Would Impose a Fine Equivalent to the Median Rent of a Two - Bedroom Apartment in Santa Ana on Property Owners Who Rent Unpermitted Residential Units and Unpermitted Spaces for Residential Purposes. The fine would be Payable to the City of Santa Ana to be Distributed to the Persons Who Occupied the Unpermitted Units or Spaces — Councilmember Bacerra MINUTES: Council discussion ensued and direction provided to staff to bring back matter as an informational item with additional detail. After consideration of Item 32, Mayor Sarmiento recessed the City Council meeting and convened to the Joint Session of the City Council and Special Housing Authority to consider Item 31 and Item 3 as placed on the respective agendas at 10:54 p.m. Mayor Sarmiento recessed the Joint Session of the City Council and Special Housing Authority meeting and convened to the Special Housing Authority at 10:57 p.m. to consider the Consent Calendar items on the Special Housing Authority agenda. MINUTES: Chair Sarmiento adjourned the Special Housing Authority meeting and reconvened to the City Council meeting at 10:59 p.m. to consider City Manager Comments and Council Comments. City Manager Kristine Ridge congratulated the Water Resource Division for winning the Smart Cities North American Award for the Advanced Water Metering Project. Announced that Public Works Agency is hosting a zoom virtual workshop for all city business that are interested in participating in getting contracts with the city, Thursday, July 22, 2021 at 5:00 p.m.. Lastly, Santa Ana Active Streets is doing their summer series bike rides called Sassy Thursdays. City Council V_ 19 IMO/2021 AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Councilmember Bacerra announced his next monthly community office hours. Inquired about a council requested item from a prior meeting regarding staff looking into reviewing the municipal code and providing recommendations for the implementation of neighborhood wide parking districts. Encouraged all vendors to participate in the Public Works upcoming workshop. Wished all a good night. Councilmember Hernandez thanked residents who participated. Added that he was pleased with the ARPA funds that were allocated to create community programs and infrastructure in the city. Lastly, assured community he is still working for his ward and community, Councilmember Lopez disclosed that she will be attending the League of California Cities Conference in September. Announced upcoming meetings and events, and hopes to see many Ward 3 residents. Councilmember Mendoza thanked all from the Elk's Club for their community services, encouraged all to vaccinate, requested an update on COVID-19 Memorial, encouraged residents to use less water, hopes to be on joint school district and City committee, announced office hours, asked for support to collaborate to bring health services for residents, asked to adjourn the meeting in memory of Salvador Lujan and Miguel Pulido Sr, and asked for update on honoring veterans. Councilmember Phan announced the upcoming movies in the park and that the Back to School event dates brought by Advanced OC will provide free medical screening along with backpacks and school supplies. Mayor Pro Tern Penaloza thanked Parks and Recreation staff for movies in the park events, spoke on Salvador Lujan, suggested a way to conserve water, and announced community office hours. Mayor Sarmiento thanked staff with keeping up with events, announced free bus passes for all residents under 18 years old, and reminded all of future meetings. ADJOURNMENT — Adjourn the City Council meeting and convene to the Special Housing Authority meeting. MINUTES: Mayor Sarmiento adjourned the City Council meeting at 11:20 p.m. • Ryan Aernandez Jessie Lopez •'. •• City Council 2D— 20 IMO/2021 Manager AttorneyCity f - . 1 • 1 Thai Viet Phan David Penaloza r RidgeKristine IR • r GomezDaisy MINUTES: Chair Sarmiento called the Housing Authority meeting to order on July 20, 2021 at 10:57 p.m. Clerk of the Council conducted roll call. All Authority Members were present. COMMENTSPUBLIC •- of - public may address susing Authority on - on the Special Housing Authority agenda. MINUTES: No public comments were made. recommendationsRECOMMENDED ACTION: Approve staff Consent Calendar Items: I • 2. 1. Excused Absences - • - 2. Approve the Department of Toxic Substances Control Standard Voluntary Agreement for the Crossroads at Washington Site Located at 1126 and 14146 E Washington Avenue, Santa Ana, CA 92701 Department(s): Community Development Agency Recommended Action: Authorize the Executive Director of the Housing Authority to execute the Standard Voluntary Agreement up to an amount not to exceed $40,000 with the County of Orange and Department of Toxic Substances Control for the Crossroads at Washington affordable housing project l• -• at 1126 and 1146 • • Moved by Mayor Pro Tern Penaloza, seconded by Councilmember Bacerra tv Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento :0 ABSTAIN: 0 City Council Bl— 21 IMO/2021 ABSENT: 0 Status: 7 —0-0-0— Pass BUSINESS CALENDAR 3. Approve Appropriation Adjustments Recognizing Housing Assistance Payments in the Amount of $1.3 million and $488,616 in Administrative Funds to Administer Eighty - Nine New Emergency Housing Vouchers; Authorize the City to Enter into a Memorandum of Understanding with the Orange County Continuum of Care; Approve an Update to the Housing Choice Voucher Administrative Plan; Authorize the City Manager to Execute a Future Agreement with a Service Provider to Provide Housing Search Assistance Department(s): Community Development Agency Recommended Action:.CITY COUNCIL ACTION 1. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Housing Assistance Payments funds in the amount of $1,316,892 in revenue account and appropriating same to expenditure account to administer eighty-nine new vouchers. 2. Approve an appropriation adjustment (#2022-014) recognizing Emergency Housing Voucher Preliminary Administrative funds ($35,600), Administrative funds ($141,516) and Service Fees ($311,500) in the total combined amount of $488,616 in revenue account (No. 18018002-various) and appropriating same to expenditure account (Nos. 18018760-various) to administer eighty-nine new vouchers. 1. Authorize the Executive Director of the Housing Authority to execute a Memorandum of Understanding with the Orange County Continuum of Care effective July 20, 2021, subject to non -substantive changes approved by the Executive Director and the Housing Authority General Counsel. 2. Approve an update to the Housing Choice Voucher Administrative Plan and authorize submission to the United States Department of Housing and Urban Development. 3. Authorize the City Manager to execute a future agreement with the Orange County United Way or another designated Service Provider to utilize Emergency Housing Voucher Service Fees in an amount not to exceed $311,500 to provide housing search City Council 22-22 IMO/2021 assistance for Emergency Housing Vouchers issued by the Housing Authority, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will support the Housing Authority to issue and lease the eighty-nine Emergency Housing Vouchers, subject to non -substantive changes approved by the City Manager and City Attorney. Moved by Councilmember Hernandez, seconded by Councilmember Lopez to Approve. YES: 7 — Bacerra, Hernandez, Lopez, Mendoza, Phan, Penaloza, Sarmiento NO: 0 ABSTAIN: 0 ABSENT: 0 Status: 7-0-0-0— MINUTES: Joint Session item matter considered and voted on earlier as part of the Joint Session City Council and Special Housing Authority meeting, see Item 31. R•M!11'111lq 1 11 r;i 11 �� ;r;i MINUTES: None. MINUTES: Chair Sarmiento adjourned the Special Housing Authority meeting and reconvened to the City Council meeting at 10.-59 p.m. to consider City Manager Comments and Council Comments, City Council 2B— 23 IMO/2021 of City of Santa Ana, California w July • I /JMEETING LL T j ATTENDANCE Council Members i'llayor Pro Tern Mayor Manager AttorneyCity 1 , Fla ,,. % �rnan ez li �arr i °`° fle I1- IX Kristine Ridge Sonia Daisy Gomez MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 5:11 p.m. Clerk of the Council conducted roll call. All councilmembers were present. • ► r ChNCOOmMICMinutes 17 — 1 OTME/2021 item listed on the Special meeting agenda. MINUTES: Emesto Medrano with Los Angeles/Orange County Building and Construction Trade Council noted that more housing is needed, urged council to have a skilled and trained workforce requirement be included in the ordinance as well as a local hire component. Andrew Gonzales with SMART Local 105 spoke in support of more affordable housing, regulatory framework, and living wage jobs. Doug Mangione with International Brotherhood of Electrical Workers spoke to support of laborers being Santa Ana locals. Ryan Ogulnick spoke regarding MWP Guadalupe Rios with Sullivan in A utilities. Jonathan Shum with Related California s, working with the City regarding affordable of home and need for new residential homes in ng rent increase and the high cost of John Hanna with Southwest Regional Council of Co�)�"' trained workforce and supports a local hire component. Francisco Gomez with Carpenters Union Local 714 local laborers. regarding skilled and Manuel J. Escamilla spoke to support increase housing, protection for renters, and suggested project by project basis decisions. EM Sefica Diaz, property manager, at Pacific Park stated that the in -lieu fees are too low and provided comments regarding home ownership. Eric Alderete, a former Planning Commissioner supports the HOO suggest a higher eu fee, and flexible options for said fee and provided various other comments. Clerk of the Council Daisy Gomez reported out on correspondence received prior to hearing public comments via Zoom. ChNCOOmMIOnutes 27-2 OTME/2021 Tim OBfien with Legacy Partners spoke regarding the increase of in -lieu fees and expressed gratitude with the former and current City Council. 1 1111111111111 1 plli��111;1� 10iii!• ;; i I WOM MET F-70 =- Jennifer Ward with Orange County Business Council (OCBC) spoke regarding the housing crises in the city and supports comments presented by the Building Industry of Orange County letter. I:FiRlifllli in It If*q L Z5—Cf/ I Vq *.,e -1 7_1 F77T7*i!17 low income residents. Eric A. Nelson with BIA spoke Wanda Martinez, Comm' Consultant, expressed cor to support land trusts, and Victor Cao with South Orange council to look further into the ng the justification of the increased fee. with the changing to the City in regards of nd Housing Commissioner and Public Policy q#7anges should apply to all, use HOO funds on, expressed concerns and asked to. e W, renting housing. Sunti Kum jim with Building Industry Associ6M"pall" fio severe housing crises due to current housing policies. Cesar Covarrubias with the Kennedy Commission spokel ��Yl��Itbpport to change the fee and application of affordable housing, wants to create a bala in housing. Isuri Ramos Planning Commissioner spoke in support of strengthening the HOO ordinance, and increase fees. Carmen Alverado with Orange County Congregation Community Organization (OCCCO) spoke to support an increase in affordable housing units for most in need. Steven LaMotte with Building Industry Association of Orange County expressed that the current ordinance hurts housing development and noted the amended ordinance will further hurt development. Karla Juarez expressed the need for affordable housing for the residents most in need, HOO the increase to be 30%, in -lieu fee to be increased ChNCOUtM10nutes 37-3 OTME/2021 Daisy Cruz Planning Commissioner and with Kennedy Commission spoke in support of the housing ordinance amendments. Lucero Garcia Mondragon with Community Trust Thrive Santa Ana, asked council to consider community land trusts and City's need for more affordable housing. Jesus Santana with Sullivan En Accion spoke regarding the issues and cost of utilities and regulated programs for the City residents. Luis Sarmiento Program Manager with Community Trust Thrive Santa Ana, noted the pandemic showed the right way to take care of most vulnerable residents, expressed the need for affordable housing, requested to include Community Land trust in Housing Opportunity Ordinance and requested local contractors. regulations, encouraged affordable housing. Vo 1. Housing Opportunity Ordinang 'I IW'10' r k S P/ Department(s): Planning and BuildipVI expressed concern with the additional ,al studies, and noted there is a need for A W I Recommended Action: Receive sf#ff r s rb n, blic comment from stakeholders and the public, and provi rion pon the Council Housing Ad Hoc Committee recommen a ns c rninc' 1) to which housing projects the Housing Oppo, %ity Or (HOO) would apply, 2) rental and for -sale set -aside requirements, 3) building and in -lieu fee requirements, and 4) enhancements to implement the HOO. Executive Director of Planning and Building Agency Minh Thai provided a brief presentation. Public comment considered. Council discussion ensued. ChNCOUtMINinutes 47-4 OTME/2021 MINUTES: Mayor Sarmiento adjourned the City Council meeting at 8--12 p.m. ChNCOOmMIOnutes 57-5 OTME/2021 City Manager Office www.santa-ana.org/cm Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Sunshine Ordinance Amendments AGENDA TITLE: Adopt Ordinance No. NS-XXXX — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTAANA, CALIFORNIA, AMENDING ARTICLES 11.1 AND 11.11 OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE SUNSHINE ORDINANCE RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION At the November 16, 2021 meeting, the City Council approved the first reading of an ordinance to amend the provisions of the Sunshine Ordinance. The Sunshine Ordinance is a set of local laws that are aimed at increasing transparency. Specifically, the existing Sunshine Ordinance contains the following provisions: • Publishing City Council meeting agendas 96 hours in advance (vs. the 72-hour requirement imposed by state law) • Requiring a community meeting for certain development projects • Requiring mailed notices for property owners and occupants within 500 feet of the subject property • Sharing RFPs and related documents, and making them available on the City's website • Sharing calendars of City officials • Sharing FPPC forms on the City's website • Creating a Five -Year Strategic Plan • Hosting annual budget meetings The ordinance approved at the November 16, 2021 meeting incorporates the following changes: Expand the Number of Community Meetings for Certain Development Projects from One to Two City Council 8-1 12/7/2021 Sunshine Ordinance Amendments December 7, 2021 Page 2 • As proposed, the first community meeting would be required to be held within 20 days of submittal of an application for development project review. • The second community meeting would take place no earlier than ten days prior to the development project being resubmitted to the City after receipt of comments from staff. Increase the Radius of Distributing Noticing of said Community Meetings from 500 Feet of the Subject Property to 1,000 Feet • The current Sunshine Ordinance requires mailed noticing for properties and dwelling units within 500 feet. • As proposed, the noticing requirement would expand to 1,000 feet. • This provision applies to Planning Commission public hearings also. Publish City Council Meeting Agendas Seven Days Prior to the Meeting Date • State law requires agendas to be published three days in advance. • The current Sunshine Ordinance requires four days. • As proposed, the agendas would be required to be published seven days in advance. • At the direction of the City Council, language was added to this section to provide that a supplemental agenda for regular City Council meetings may be posted at least 72 hours in advance of the regular City Council meeting, provided that the city manager explains in the staff report for each supplemental item that the need for City Council action came to the attention of the city manager subsequent to the regular agenda being posted, and that there is a need to take immediate action. A lobbyist registration ordinance will be presented to the City Council at a future meeting. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Ordinance - Redline Version 2. Ordinance - Clean Version Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 8-2 12/7/2021 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES II.I AND 11.11 OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-150 of Article 11.1 entitled "Public Access to Meetings" of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): Sec. 2-150. — Meetings and agenda postings for city council. Pursuant to Government Code Section 54953.7 of the Brown Act, the city is imposing the following additional requirements on itself to allow greater community access to its meetings: (1) City council meeting agendas for regular meetings must be posted at least before commencing any regular meeting of the city council.__A_suplemental agenda for regular meetings o the city council may e posted at least seventy®two 72) hours in advance of the .regular council meeting provided that the city manager explains in the staff repori for each supplemental item (a) that the need for council action came to the attention o the city manager subsequent to the regular agenda being posted, and fib) that there is a need to take immediate action° The city mane er may also request that the mayor or a majority o the members of the city council call a special meeting consistent with the rec{uirements o the Brown Act (Government Code Section 5950 eta sage) to e held concurrently with a regularly scheduled city council meeting° oting in this section shall restrict the mayor or a ma ority o the members o the city council from calling a special meeting for any purpose or at any time as allowed pursuant to the laws (2) The city will make notices of the city council meetings accessible on the city's website in various languages including Spanish through the use of fee web -based translation application. (3) Agenda's will list future items on major projects. The list of "major projects" identified for the city council agenda will be compiled at the discretion of the city manager. Section 2. Section 2-153 of Article 11.11 entitled "Public Meetings for Certain Development Projects" of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken): Ordinance No. NS-XXX City Council 8-3 12/79202i of 5 Sec. 2-153. - Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria: (1) City -sponsored development projects; (2) New residential projects containing twenty-five (25) or more units, except that the director of H," . Elplanning and >>,H6ng [�",UH rile g sgg�lc y one exempt a developer from ne 01 � iol e 21, the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits oi i 1a i �I �I���' i� '�� �i ��I�� 1. �f� � S no� i e � ���jf �mJ IeeU ,llillle l foIIoW � II I, I SU",),rrii (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4) Development projects requiring a zone change, specific plan amendment, or general plan amendment. (b) Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two one (24-) community meeting i o N d IJ t � ml� a,,,no later than twenty (20) days after submittal of an application for administrative ; to review. II hie e eco id co r ir�ie I ie1d i ir,:), ea 4,,,' i � �f� �I R J la,),l lr), [,hie d , t��,. �I it �I if al l ! ���� fr°�. �m2 J� f 1 f ����� ..", rn irr i Li l IJ I`��� f i orn l l G e , i l � ` �s l �� Il w �f I', re,vi Should the applicant fail to hold the community meeting,„ within this time, the completion of administrative Ilreview shall be delayed until such time as the community meeting i_& held. (c) Noticing. Notice of any community meeting held under this section shall be provided to all property owners, and at least one (1) occupant per dwelling unit having a valid United States Postal Service address within a 15000-foot radius of the subject property. Said notice shall be mailed no less than ten (10) days prior to the community meeting. The notice shall also be posted on the development project site and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting. The city shall then post the notice on the city's website. It shall be the OrdiI' MrXXX 8-4 12/7/2021 sole responsibility of the applicant to prepare and distribute this notice. (d) Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English. (e) Community meeting time and place. Community meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meeting2 shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility. (f) Community meeting language interpretation. Should the applicant receive a written request for language interpretation services no later than forty-eight (48) hours prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting. (g) Community meetings format and content. During the community meetings the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall allow enough time for the attendees to ask questions and provide input. The applicant shall prepare detailed minutes of the meetings including a written record of the comments provided by the community members. O Providing information ion o city after community meeting. of �r� G than four (4) days following the last community meeting the developer shall submit to the city an affidavit under penalty of perjury that the required community meetings were held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meeting. The applicant shall also provide to the city a copy of the minutes and the written record of, and response to, the public comments made at Tie rclhi community meeting. The public input will be made part of the public record and included as attachments to planning commission staff reports. (i) [Notice.] Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2-153(c), Page(J�ffFXXX 3 8-5 12/7/2021 except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2- 153(c) shall supersede those contained in section 41-672. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. This Ordinance shall become effective thirty (30) days after its adoption. Section 5. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of December, 2021. Vicente Sarm lento Mayor APPROVED AS TO FORM Sonia R. Carvalho City Attorney IN Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY Ordi if mrXXX 8-6 12/7/2021 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2021, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Daisy Gomez Clerk of the Council City of Santa Ana PaOrdi f M[XXX 5 8-7 12/7/2021 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, AMENDING ARTICLES 11.1 AND 11.11 OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-150 of Article 11.1 entitled "Public Access to Meetings" of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows - Sec. 2-150. — Meetings and agenda postings for city council. Pursuant to Government Code Section 54953.7 of the Brown Act, the city is imposing the following additional requirements on itself to allow greater community access to its meetings- (1) City council meeting agendas for regular meetings must be posted at least seven (7) calendar days before commencing any regular meeting of the city council. A supplemental agenda for regular meetings of the city council may be posted at least seventy-two (72) hours in advance of the regular council meeting provided that the city manager explains in the staff report for each supplemental item (a) that the need for council action came to the attention of the city manager subsequent to the regular agenda being posted, and (b) that there is a need to take immediate action. The city manager may also request that the mayor or a majority of the members of the city council call a special meeting consistent with the requirements of the Brown Act (Government Code Section 54950 et. seq.) to be held concurrently with a regularly scheduled city council meeting. Nothing in this section shall restrict the mayor or a majority of the members of the city council from calling a special meeting for any purpose or at any time as allowed pursuant to the law. (2) The city will make notices of the city council meetings accessible on the city's website in various languages including Spanish through the use of fee web -based translation application. (3) Agenda's will list future items on major projects. The list of "major projects" identified for the city council agenda will be compiled at the discretion of the city manager. Section 2. Section 2-153 of Article 11.11 entitled "Public Meetings for Certain Development Projects" of Chapter 2 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Ordinance No. NS-XXX City Council 8-8 12/tNTi of 5 Sec. 2-153. - Public input through community meetings prior to discretionary approval. (a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria- (1) City -sponsored development projects; (2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4) Development projects requiring a zone change, specific plan amendment, or general plan amendment. (b) Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two (2) community meetings. The first community meeting shall be held no later than twenty (20) days after submittal of an application for administrative development project review. The second community meeting shall be held no earlier than ten (10) days prior to the development project being resubmitted by the applicant to the City after receipt of comments resulting from the City's development project review. Should the applicant fail to hold the community meetings within this time, the completion of administrative development project review shall be delayed until such time as the community meetings are held. (c) Noticing. Notice of any community meeting held under this section shall be provided to all property owners, and at least one (1) occupant per dwelling unit having a valid United States Postal Service address within a 1000-foot radius of the subject property. Said notice shall be mailed no less than ten (10) days prior to the community meeting. The notice shall also be posted on the development project site and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting. The city shall then post the notice on the city's website. It shall be the Ord' f�f� MrXXX 8-9 12/7/2021 sole responsibility of the applicant to prepare and distribute this notice. (d) Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English. (e) Community meeting time and place. Community meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meetings shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility. (f) Community meeting language interpretation. Should the applicant receive a written request for language interpretation services no later than forty-eight (48) hours prior to the meeting, it shall be the applicant's responsibility to arrange for such services to be available at the community meeting. (g) Community meetings format and content. During the community meetings the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall allow enough time for the attendees to ask questions and provide input. The applicant shall prepare detailed minutes of the meetings including a written record of the comments provided by the community members. (h) Providing information to city after community meeting. Not more than four (4) days following the last community meeting, the developer shall submit to the city an affidavit under penalty of perjury that the required community meetings were held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meetings. The applicant shall also provide to the city a copy of the minutes and the written record of, and response to, the public comments made at each community meeting. The public input will be made part of the public record and included as attachments to planning commission staff reports. P Ord W[XXX 3 8 — 10 12/7/2021 (i) [Notice.] Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2-153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2- 153(c) shall supersede those contained in section 41-672. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. This Ordinance shall become effective thirty (30) days after its adoption. Section 5. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of December, 2021. APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: f a,, N - 2&'," Laura A. Rossini Chief Assistant City Attorney AYES- NOES- ABSTAIN - NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: Vicente Sarmiento Mayor Ord Page' � p,mrxxx 8 — 11 12/7/2021 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2021, 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 prge9 W[XXX 5 g — 12 12/7/2021 Planning and Building Agency www.santa-ana.org/pb Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Second Reading of Zoning Ordinance Amendment No. 2021-03 AGENDA TITLE: Adopt Ordinance No. NS-XXXX — ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE RECOMMENDED ACTION Place Ordinance on second reading and adopt. DISCUSSION The City Council conducted the first reading of the Ordinance on November 16, 2021. As part of the first reading of the Ordinance, the majority members of the City Council discussed, articulated, and directed staff to make conforming revisions to the Ordinance reflecting the following refinements for the second reading of the Ordinance: • Omit new priorities that do not directly relate to the production of new affordable housing units. • Reduce to 5% inclusionary for for -sale units. • Include a provision to vest entitled projects and make the necessary conforming changes to the Ordinance, and include a vested project list as an exhibit to the Ordinance. • Require and phase in the use of a local skilled and trained workforce only for new projects proposing 20 or more residential lots or units exercising the in -lieu fee option to satisfy the inclusionary requirements of the Ordinance, and clarify that the provision is not applicable to projects receiving funding from the inclusionary housing fund. The implementation of this provision shall be phased as follows: 11/17/2021 — 12/31/2025 1/1/2026 thereafter $15 — No requirements $15 — 30% STW & 35% local hire $10 — 30% STW + 2 trades & 20% local hire $10 — 60% STW & 35% local hire $ 5 — 60% STW + 3 trades & 20% local hire $ 5 — 90% STW & 35% local hire City Council 9-1 12/7/2021 Second Reading of Zoning Ordinance Amendment No. 2021-03 December 7, 2021 Page 2 • Require an affirmative vote by 5 members of the City Council in order to modify the in -lieu fee structure and the local skilled and train workforce provision. • Incorporate a local density bonus provision for for -sale units only. For ease of review, a redline version of the adopted Ordinance presented at the first reading on November 16, 2021 is attached (Exhibit 1) reflecting the necessary changes and conforming modifications. The clean version of this Ordinance is attached as Exhibit 2. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. It is recommended that the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, even if the proposed Ordinance is considered a project, it falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Redline of Ordinance adopting Zoning Ordinance Amendment No. 2021-03 without Exhibit 2. Ordinance adopting Zoning Ordinance Amendment No. 2021-03 and Exhibit A Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 9-2 12/7/2021 ORDINANCE NO. NS- ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as "Article XVIII.I. — Housing Opportunity Ordinance" ("Housing Opportunity Ordinance") of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS- 2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 9-3 0rd1r2W2J0M-xxx Page 1 of 18 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee. H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance. I. The Request for City Council Action for this Ordinance dated II i()veunll?am i, 1 and 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows - ARTICLE III.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE City Council 9-4 0rdjr2W2J0M-xxx Page 2 of 18 Sec. 41-1900. Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Sec. 41-1901. Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three - bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. f a::sE? DE?/,i /iX:[iieaiiis flhe a„naxi'mji'n umji'nll)eu��� � era lllluii ..uuu a �:�..allk)we I2ei acii,e of uin fIhe Genei awe 11 "Ilan City Council 9-5 0rdjr2W2J0M-xxx Page 3 of 18 Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or City Council 9-6 ordjr2W2J0M-xxx Page 4 of 18 The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five or more residential ots or residential units -- , including new construction and condominium conversions, which meets one or all of the following applicability thresholds- (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. City Council 9-7 011042J0M-xxx Page 5 of 18 (c) Units for sale. If the new residential project consists of units for sale, then a minimum percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows- (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on - site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. City Council 9-8 ordjr2W2J0M-xxx Page 6 of 18 (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.I I - Adaptive Reuse. Adopted on Sa.;upta.;rnber '1,:.2020, A devek)PI'llent IIpili°oJect fIhat has iiec6ved ent� lleirnent Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. (1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum - total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. (2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city City Council 9-9 0rdlr2042J0M-xxx Page 7 of 18 at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. (3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units/i....ot,5,, Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Local Skilled and Trained INbrkforc u.v a IIpcal sIhdlllla. d and ti'ali„ned w(I Ild(lii ce sIhal l p:e IIJjased uin ovei turne and sII4����,�iNl IIaeu a ea. RaY 1t"t h uui I uiieuntatu gun s s s e c t in sIIhaIII fo�Illl(?Ws:. Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area City Council 9 — 10 ordjr2042J0M-xxx Page 8 of 18 30% of workforce utilizing 2 or more construction $10.00 trades 60% of workforce utilizing 3 or more construction $5.00 trades A minimum 36% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. Use (::)f S[6HHed and II 'auned )eiS:q:uai'e II ()()t of W(:? 11, '�f (2 11, C �a[?�ta[:fle 90% (2f W()1I'dO::I'Ce (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in -lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. ("t j2g'fionasIjai'e fee (?f flha a'esude:n:t:u:ajl Ih u°( pia The in -lieu fees collected by the city are city I funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. City Council 9-11 OrdJr2W2J0M-xxx Page 9 of 18 �'iIh11Ovisuoii,�s (?f Sect; iOn 41 1904 ��n;��ir���������u�ll�� ll�a� irm���u�ua��� Sec. 41-1904.1. Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards- (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. �u°� eII t u III C1 e a�s e aII ����a� �Ih�a�u ceIII t uuI tIIIe pei,ceuita e Of fo�u sae u Iinuts affo�u°da [ lle to irno�deu ate uinco u,ne Iljmusellj(dds tIlje Sec. 41-1905. Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements- (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. City Council 9 — 12 0rdlr2W2J0M-xxx Page 10 of 18 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements: City Council 9 — 13 ordjr2W2J0M-xxx Page 11 of 18 (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. City Council 9 — 14 ordjr2R42J0M-xxx Page 12 of 18 (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit forinclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. City Council 9 — 15 ordjr2W2J0M-xxx Page 13 of 18 (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. 1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. 2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. Reserved. Sec. 41-1908. Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions- (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions- (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing City Council 9 — 16 ordlr2W2J0M-xxx Page 14 of 18 funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and (21n flhe ci,eati(:)n (?f new �p:poiii°tujinli,tuaes f(u Ili u e fairIIlillues cu.uu a ��u��ll„�� Ilu�uii�� uu� �Il��a� � �reu���. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged @PA ::: :) negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a..... "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project I i u � u a ,.: „l u , a minimum of 35 /o of for the project .. Ili mull be performed in accordance with local hire policies approved by the City Council. Sec. 41-1910. Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration as needed. City Council 9 — 17 011042J0M-xxx Page 15 of 18 (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. Reserved. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. City Council 9 — 18 0rdjr2W2J0M-xxx Page 16 of 18 Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 422�, John M. Funk Sr. Assistant City Attorney AYES- NOES- ABSTAIN - NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor City Council 9 — 19 ora 207g2@M-xxx Page 17 of 18 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 City Council 9 — 20 0rdjr2W2J0M-xxx Page 18 of 18 ORDINANCE NO. NS- ZONING ORDINANCE AMENDMENT NO. 2021-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No. NS-2825, known as the Housing Opportunity Ordinance and appearing as "Article XVIII.I. — Housing Opportunity Ordinance" ("Housing Opportunity Ordinance") of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City's Housing Element Goal of providing affordable housing within the City. B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in -lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing. C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS- 2994 further amended the Housing Opportunity Ordinance to lower the in -lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in -lieu fees collected by the City. D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee's recommendations were presented and discussed at the City Council Meeting on July 6, 2021. E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee's recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 9 — 21 0rd1r20W2J6M-xxx Page 1 of 17 and triggers for the ordinance, adjustments to the in -lieu fee calculation, set -aside units, and options for satisfaction of inclusionary requirements. F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance. G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee. H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance. I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance. Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment. Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety. Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows - ARTICLE III.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE City Council 9 — 22 0rdJr20W2J6M-xxx Page 2 of 17 Sec. 41-1900. Purpose. This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership. Sec. 41-1901. Definitions. As used in this article, the following terms shall have the following meanings: Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one -bedroom unit, three (3) persons in the case of a two -bedroom unit, four (4) persons in the case of a three - bedroom unit, and five (5) persons in the case of a four -bedroom unit. Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article. Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows: Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit. Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit. Moderate -income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit. The qualifying limits for extremely low-income, very low-income, low-income and moderate -income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development. Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan. Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project. City Council 9 — 23 0rdJr20W2J6M-xxx Page 3 of 17 Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq. Executive director means the executive director of community development for the city. General plan means the adopted general plan for the City of Santa Ana. Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited. Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate -income households, at an affordable housing cost, in compliance with this article. Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost. Market rate units means dwelling units in a residential project that are not inclusionary units. Moderate -income units means inclusionary units restricted to occupancy by moderate -income households at an affordable housing cost. Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time. Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants. Residential project/project means any of the following: A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or The new construction of a project consisting of five (5) or more multi -family units; or The new construction of five (5) or more separate houses or dwelling units; or City Council 9 — 24 ordJr2OW2J6M-xxx Page 4 of 17 The conversion of five (5) or more existing residential rental units to condominium ownership. Target area means that area designated by the city from time to time, on an as -needed basis, as a priority area for rehabilitation due to health and safety concerns. Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments. Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units, including new construction and condominium conversions, which meets one or all of the following applicability thresholds- (1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application. (2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011. (3) Increase of the permitted percentage of residential development allowed for a mixed -use development above the percentage permitted under the zoning classification at the time of application. (4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter. (5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) percent of the total number of units in the project shall be sold to moderate -income households. (d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows: City Council 9 — 25 ordJr2OW2J6M-xxx Page 5 of 17 (1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or (2) A minimum of ten (10) percent shall be rented to very low-income households, or (3) A minimum of five (5) percent shall be rented to extremely low-income households, or (4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households. (e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded -up to the next whole unit. The developer may choose to pay an in -lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case. (f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide on - site inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article. Sec. 41-1903. Exempt projects. The following are exempt from the requirements of this article: (a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in -lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in -lieu fee amount, to satisfy the inclusionary units from that specified by this article. (b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has City Council 9 — 26 ordJr2OW2J6M-xxx Page 6 of 17 obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.I I - Adaptive Reuse. (d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS- 2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference. Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On -site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on -site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on -site inclusionary units in accordance with the requirements and procedures of this section. (b) Off -site units. (1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sum - total of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off -site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review. (2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1'/2) habitable square feet per each required habitable square foot of inclusionary units. (3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of City Council 9 — 27 0rdJr20742J6M-xxx Page 7 of 17 the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units. (c) In -lieu fee. (1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in -lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In -Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In -Lieu Fee Schedule Units/Lots Fee Per Square Foot of Habitable Area 5-9 $6.00 10 — 14 $9.00 15 — 19 $12.00 20 or more $15.00 (ii) Local Skilled and Trained Workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in -lieu fee payment option. The implementation of this subsection shall be phased as follows: (A) Between November 16, 2021 and December 31, 2025, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in -lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. However, this fee shall be reduced if the developer provides the City with an executed enforceable commitment to use a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below: Use of Skilled and Trained Workforce Fee Per Square Foot of Habitable Area 30% of workforce utilizing 2 or more construction $10.00 trades 60% of workforce utilizing 3 or more construction $5.00 trades City Council 9 — 28 ordJr2O742J6M-xxx Page 8 of 17 A minimum of 20% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (B) Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in - lieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601; and that a minimum of 35 percent of the required skilled and trained workforce total work -hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below: Use of Skilled and Trained Fee Per Square Foot of Workforce Habitable Area 60% of workforce $10.00 90% of workforce $5.00 minimum of 35% of the above work -hours shall be performed in accordance with local hire policies approved by the City Council. (2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in -lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in -lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund. (4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council. Sec. 41-1904.1. Inclusionary housing development incentives for production of units. (a) In order to make the production of new inclusionary units on -site or off -site or off - site rehabilitated units, certain incentives, standards and concessions shall be allowed City Council 9 — 29 ord1r2O742J6M-xxx Page 9 of 17 and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions: (1) Parking concession. One on -site parking space for each zero to one bedroom unit; two (2) on -site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2'/2) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards- (i) Setback reduction of up to twenty-five (25) percent reduction on subject property; (ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on -site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer -funded down payment assistance, or subsidy of services, activities or programs. (1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for -sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent. Sec. 41-1905. Housing plan and housing agreement. (a) Submittal and execution. The developer shall comply with the following requirements: (1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan. City Council 9 — 30 0rdJr20W2J6M-xxx Page 10 of 17 (c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented. Sec. 41-1906. Standards. (a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be: (1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units; (3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units. (b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off -site units to meet the inclusionary affordable housing requirements of this ordinance, the off -site project(s) containing the required inclusionary units shall be subject to the following requirements- (1) The sum -total area (in habitable square feet) of all the newly constructed off -site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards. City Council 9 — 31 ordJr2OW2J6M-xxx Page 11 of 17 (2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off -site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application. (3) Any off -site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes. (4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law. (5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off -site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (e) Units for sale. (1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years. (2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence. (3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price. For these purposes, the restricted resale price shall be the applicable affordable housing cost. (4) Inheritance of inclusionary units. Upon the death of an owner of an owner - occupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household). City Council 9 — 32 ordJr2O742J6M-xxx Page 12 of 17 (5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days. (f) Rental units. (1) Time limit forinclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years. (2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units. (h) General prohibitions. (1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article. (2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible. (i) Principal residency requirement. 1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months. City Council 9 — 33 ordJr2OW2J6M-xxx Page 13 of 17 2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director. Sec. 41-1907. Reserved. Sec. 41-1908. Enforcement. (a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund. (c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions- (1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages. (d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs. Sec. 41-1909. Inclusionary housing fund. (a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions- (1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and City Council 9 — 34 ordJr2OW2J6M-xxx Page 14 of 17 procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - investment, pre -development loan funds, participation leases, or other public -private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner -occupied housing. (4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a "Skilled and Trained Workforce" as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided, a minimum of 35% of such labor for the project shall be performed in accordance with local hire policies approved by the City Council. Sec. 41-1910. Administrative. (a) In -lieu fee calculation. The amount per square foot of the inclusionary housing in - lieu fee shall be subject to city council review and consideration as needed. (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee. (c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner -occupancy requirements are maintained. Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements. The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the City Council 9 — 35 ordJr2O742J6M-xxx Page 15 of 17 inclusionary housing plan and agreement, and physical inspections of the residential project. (e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article. Secs. 41-1911-41-1999. Reserved. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 9 — 36 oralr2OW24@24-xxx Page 16 of 17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 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 City Council 9 — 37 0rdjr20W2J6M-xxx Page 17 of 17 EXHIBIT A 2021 List of Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19 pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference. Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 No. Project Address Project Name Number of HOO Compliance Requirements Dwelling Units 1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required under NS-2994 or payment of in -lieu of $5/sf 2. 301 N. Mountain View Street Mountain View 8 Provide inclusionary units as required by Townhomes NS-2994 or payment of in -lieu of $5/sf 3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in -lieu payment under a project Mutual Declaration 5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf 6. 2800 N. Main Street/Specific Main Place Mall 1,900 Provide inclusionary units as required by Plan No. 4 Transformation 1,900 NS-2994 or payment of in -lieu of $5/sf residential units 7. 419 N. Harbor Boulevard Fifth and Harbor 94 Provide inclusionary units as required by (previously 421 N. Harbor Mixed Use Apartments NS-2994 or payment of in -lieu of $5/sf Boulevard) 8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by NS-2994 or payment of in -lieu of $5/sf The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior to November 16, 2021, but did not trigger HOO provisions and have been identified herein for implementation clarity. Table 2. Entitled Projects Not Triggering HOO requirements No. Project Address Project Name Number of Dwelling Units HOO Compliance Requirements 1. 201 W. Third Street 3rd and Broadway 171 HOO provisions not applicable to project 2. 409 E. Fourth Street and 509 E. Fourth Street 4th and Mortimer 169 HOO provisions not applicable to project 3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project 4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project 5. 114 E. Fifth Street and 115 E. Fifth Street Rafferty (4`" + Main) 220 HOO provisions not applicable to project City Council 9 — 38 12/7/2021 Clerk of the Council Office www.santa-ana.org/cc Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Destruction of Obsolete City Records AGENDA TITLE: Approve Destruction of Obsolete City Records RECOMMENDED ACTION Approve the request for the destruction of obsolete records from Public Works Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 ("Resolution"). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained. To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule ("Schedule") which sets forth the retention period for a particular record. The Schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana. The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements. Section 5.13 of this Resolution and the City's Municipal Code require that the City Attorney approve the destruction of a City record. Accordingly, the executive director of the Public Works Agency lists obsolete records proposed for destruction. A copy of the memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. The memorandum is attached as an exhibit to this staff report. Destruction of these records will serve to benefit each office with a more efficient access to files and alleviate the City's current storage needs to maintain these obsolete records. City Council 11 — 1 12/7/2021 Destruction of Obsolete City Records December 7, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Request for Destruction of Records — Public Works Agency Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 11 — 2 12/7/2021 To: Sonia R. Carvalho, City Attorney From: Nabil Saba, Executive Director, Public Works Agency Subject: Request for Destruction of Records Date: November 3, 2021 The Public Works Agency requests your consent to destroy city records on the attached listings, in accordance with the retention schedule outlined in City Council Resolution 2013-014. Please review this report and return a signed and dated copy of the attached pages approving the destruction of these records. Thank You, Nabil Saba Executive Director Public Works Agency City Council 11-3 12/7/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Public Works Agency (via Finance & Management Agency, Retention Schedule) 2021 RECORD RECORD RECORD RECORD RETENTION GOVT. CODE CATEGORY SERIES DESCRIPTION START PERIOD DATEIRETENTION PERIOD LIGHT & Fleet Vehicle Master Generation Date/ 2008 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 1 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2009 34090 HEAVY Maintenance File wl work Active + 5 years VEHICLES, orders Box 2 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2009 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 3 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2010 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 4 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2011 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 5 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2011/2012 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 6 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2011 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 7 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2012 -34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 8 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2012 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 9 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2012 34090 HEAVY Maintenance File wl work Active + 5 years VEHICLES, orders Box 10 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2012 34090 HEAVY Maintenance File wl work Active + 5 years VEHICLES, orders Box 11 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2012 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 12 EQUIPMENT City Council 11 - 4 12/7/2021 RECORD RECORD RECORD RECORD RETENTION GOVT. CODE CATEGORY SERIES DESCRIPTION START PERIOD DATE/RETENTION PERIOD LIGHT & Fleet Vehicle Master Generation Date/ 2012/2013 34090 HEAVY Maintenance File wl work Active + 5 years VEHICLES, orders Box 13 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2013 34090 HEAVY Maintenance File wlwork Active + 5 years VEHICLES, orders EQUIPMENT Box 14 LIGHT & Fleet Vehicle Master Generation Date/ 2013 ---1 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 15 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2013 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLE'S, orders Box 16 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2013 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 17 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2013 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 18 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2013/2014 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 19 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2014 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 20 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2015 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders Box 21 EQUIPMENT LIGHT & Fleet Vehicle Master Generation Date/ 2015 34090 HEAVY Maintenance File w/ work Active + 5 years VEHICLES, orders BOX 23 EQUIPMENT City Council 11 - 5 12/7/2021 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Public'Works Agency (via Fitartce & Alanartexie il t I WAWA 1A NabiI Saba Executive Director Pubhc Works Agency Sonia R, Carvalho City Attorney Ma are Mercer Ad inistrative Services Manageir Public Works Agency Date -L!Zj&2021 Date Date City Council 11-6 12/7/2021 City Manager Office www.santa-ana.org/cm Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: City Council Special Event Sponsorship Policy AGENDA TITLE: City Council Special Event Sponsorship Policy Update RECOMMENDED ACTION Receive and file. DISCUSSION In August 2015, the City Council adopted a resolution approving the City Council Special Event Sponsorship Policy. This policy outlines the process by which councilmembers may recommend direct (cash) or in -kind (City services credit) sponsorship of eligible special events and activities, up to $10,000 per councilmember per fiscal year (contingent upon annual City Budget approval). Below is an overview of the parameters set forth by the policy: Eligible Applicants • Nonprofit organizations: Qualifying nonprofit organizations that are incorporated as a nonprofit charitable organization that is tax exempt under section 501(c)(3) of the Internal Revenue Code are eligible for sponsorship funds via direct cash payment or City services credit. • Neighborhood associations: In the absence of 501(c)(3) tax-exempt status, neighborhood associations recognized by the City are eligible for sponsorship funds via City services credit or in the form of a direct payment to a 501(c)(3) entity acting as a fiscal sponsor for the association. City Council 12 — 1 12/7/2021 City Council Special Event Sponsorship Policy December 7, 2021 Page 2 Eligibility Criteria Upon receipt of a request for sponsorship, staff reviews each request using the following criteria- 1 . Whether the expenditure is normal and customary 2. The relationship and importance of the event to the City's mission 3. Whether, and the extent to which, the event furthers one or more of the City Council's adopted focus areas 4. Whether and the extent to which the event will create financial or administrative burdens on the City or require additional personnel 5. The extent and prominence of communications to the public regarding the event 6. The aesthetic characteristics of communications to the public regarding the event 7. Whether the sponsorship will establish, or will be perceived as establishing an inappropriate association 8. Whether the event is, or will be perceived to be politically oriented 9. Whether the event is, or will be perceived to be religiously oriented 10. Whether the event is, or will be perceived to be offensive to segments of the City's citizenry 11. Whether the persons or organizations affiliated with the event manufacture products, take positions, or otherwise engage in activity that is/are inconsistent with local, state, of federal law, or city policies, city mission, or council's focus areas 12.Other factors that might undermine public confidence in the City's impartiality or interfere with the efficient delivery of city services or operations Use of Sponsorship Funds The direct cash payment or City services credit may be applied towards the following- 1 . Special event expenses 2. On -going program costs/expenses 3. Special Events Application or Permit fee 4. Reservation fees for facilities and equipment owned by the City 5. City staff time, if required, including Police Department staff services 6. Liability Insurance Fee (if acquired from the City) Application Process • Initial Review and Eligibility: Applicants submit a Donation Request Form, a one - page application outlining the details of the sponsorship request such as the special event scope and community benefit. Staff reviews the Donation Request Form to ensure its content meet the policy's eligibility criteria. • Pre -Approval: The Donation Request Form must be pre -approved by the specified councilmember in writing. • Approval: Staff contacts the applicant via email to notify them of the approval and explain the payment process. • Payment: The Donation Request Form is used to either process a one-time payment to the applicant or to transfer funds internally to be applied towards fees incurred by the applicant for City services. City Council 12 — 2 12/7/2021 City Council Special Event Sponsorship Policy December 7, 2021 Page 3 Reporting From time to time, staff shares budget -to -actual data for each of the councilmembers' $10,000 budget (or $5,000 for council seats during election years). Additionally, staff maintains a data dashboard on the City website to visualize sponsorship expenditures: . nt n or /myor�dit coun6iI/ 6al.event . 'ro.i ............................. .......................i.........................................................................................................�..............o..........i.r.............l.�...�.....li...p/d l��bo ird. Remaining Balance of Each Councilmember's $10,000 Discretionary Sponsorship Fund Below is each councilmember's remaining balance of his or her discretionary fund for FY 2021-22: • Mayor Sarmiento - $3,678 • Mayor Pro Tern Penaloza - $6,500 • Councilmember Phan - $6,325 • Councilmember Lopez - $9,400 • Councilmember Bacerra - $9,500 • Councilmember Hernandez - $3,502 • Councilmember Mendoza - $0 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 12 — 3 12/7/2021 Planning and Building Agency www.santa-ana.org/pb Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Professional Service Agreement with Property Registration Champions, LLC (ProChamps) AGENDA TITLE: Approval of a Professional Service Agreement with Property Registration Champions, LLC (ProChamps) to Provide Professional Services for Administering a Local Program Requiring the Registration and Maintenance of Abandoned, Defaulted, and Foreclosed Properties as well as Vacant Lots, Structures, and Historic Properties RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Property Registration Champion LLC (ProChamps) to provide professional services for administering a local program requiring the registration and maintenance of abandoned, defaulted, and foreclosed properties as well as vacant lots, structures, and historic properties for a three- year term terminating December 6, 2024 with an option for two one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION ProChamps is the current provider of professional services, giving the City access to real- time ownership information and data pertaining to real estate and financial transactions potentially leading to and/or resulting in the abandonment or foreclosure of real properties. The information and data facilitate the Code Enforcement Division in identifying and monitoring the on -going maintenance such properties, including vacant lots, structures, and historic properties, to prevent them from deteriorating and becoming an attractive or public nuisance. The company also facilitates the administration of the program by notifying the responsible party of the City's program and registering such properties on behalf of the City. The existing service agreement with ProChamps was procured on December 19, 2017 and will expire on December 18, 2021. To ensure un-interrupted services, on September 30, 2021, the Code Enforcement Division released the Foreclosure, Abandoned Vacant Lots and Structure Registration Program Services Request for Proposals (#21-117), with a submission deadline of 5.00 p.m. on October 21, 2021. The City received two proposals, one from Property Registration Champions LLC, (ProChamps), and one from Milberg Coleman Bryson Phillip Grossman. City Council 13 — 1 12/7/2021 Agreement with Property Registration Champions, LLC (ProChamps) December 7, 2021 Page 2 A selection committee consisting of Code Enforcement staff members was established to review and rate the proposals, employing following criteria: • Firm and team experience • Understanding of need • Relevant project experience • References • Service fee The committee determined ProChamps to be the most responsive to the RFP and recommended ProChamps to be selected as the most qualified vendor for providing the services sought by the City. The table below provides a summary of the scoring of the proposals by the committee. Proposer Team/ Firm Experience Understanding of Need Relevant Project Experience References Fee Total Points Property Registration Champions, LLC (PRC) DBA: Pro Champs 20 20 19.6 19.6 20 99.3 Milberg Coleman Bryson Phillip Grossman 18.3 19.3 18.6 18.3 11.6 86 The proposed service agreement with ProChamps has an initial term of three years, with an option for two (2) one-year extensions. ENVIRONMENTAL IMPACT There is no environmental impact associated the proposed approval of an agreement with ProChamps to provide professional services for administering a local property registration and maintenance program. FISCAL IMPACT The approved City foreclosure and maintenance registration fee is $1,232.85. For the services under the agreement, a service fee amount not to exceed $100 may be recovered by the company from each registration with the accompanying fee collected by the company. The fee amount remitted to the City is the approved fee less $100, which is $1,132.85. The funds received will be deposited in the Foreclosure Registration Program (Account No. 01116002-53628). City Council 13 — 2 12/7/2021 Agreement with Property Registration Champions, LLC (ProChamps) December 7, 2021 Page 3 EXHIBIT(S) 1. Request for Qualification #21-117 2. Contract Agreement Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 13 — 3 12/7/2021 EXHIBIT 1 REQUEST FOR QUALIFICATIONS (RFQ) FOR FORECLOSURE, ABANDONED VACANT LOTS AND STRUCTURE REGISTRATION PROGRAM SERVICES RFQ # 21-117 Issued By: CITY OF SANTA ANA CODE ENFORCEMENT, M-19 20 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA 92702 The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. City Council 13 — 4 12/7/2021 NOTICE By way of this Request for Qualifications (RFQ), the City of Santa Ana Code Enforcement Division ("City") intends to pre -qualify a limited number of third party property management firms to provide professional services for the Registration and Maintenance of Abandoned, Defaulted and Foreclosed Mortgage Properties(bank owned), Vacant Lots, Structures, and Historical Properties(bank owned and privately owned) within the City of Santa Ana. Work under this RFQ is outlined in the Section VI - Scope of Work. The City is committed to non-discrimination and equal opportunity. No person will be discriminated against on the grounds of race, color, sex, religion, national origin, ancestry, age, marital status, physical or mental disability, or sexual orientation. The purpose of this Request for Qualification Proposals ("RFQ) is to solicit competitive proposals from qualified firms to provide third party property management to operate the City of Santa Ana's Foreclosure, Abandoned and Vacant Lots and Structures Registration Program. II. RULES FOR PROPOSALS The signer of the RFQ must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the principal proposer. III. SCOPE OF SERVICES The City is soliciting a Statement of Qualifications ("RFQ") from interested firms with the intent of creating a list of pre -qualified respondents. Respondent(s) will be pre -qualified based on the process set forth in the "Selection Process and Award" (Section VIII) of this RFQ. The City intends to have several firms qualified for these services. Respondents will be selected based upon their competency, experience and availability to conduct the work in a timely manner. Services include the following: 1. Respondent shall follow the requirements of the City of Santa Ana enacting legislation for foreclosed, abandoned, vacant lot and structure property registration, SAMC 8-1982. 2. Respondent will work to develop a website link with the City and meet all of the City's security and anti -viral requirements. 3. Respondent agree to provide a website for the registration of t h e p r o g r a m in order to enable compliance with City legislation. RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 5 12/7/ 1721 Structures Registration Program Services 4. Respondent will proactively contact those that file a public notice of default, foreclosure action, and/or take title to real property via foreclosure or any other legal means for Foreclosed, Abandoned and Vacant Lots and Structures. 5. Respondent will provide electronic registration for applicants of foreclosed, abandoned and vacant properties/ lots i n violation of the applicable City ordinance. 6. Respondent will pay for all expenses related to registration of all foreclosed abandoned and vacant/ lots and structures properties, and all administrative costs and fees related thereto. 7. Respondent will investigate, report, or take corrective measures monthly to update property status of all property electronically registered and in compliance with the relevant City ordinance. 8. Respondent will charge each applicant no more than the amount prescribed by ordinance (per applicant) to register all mortgagees who comply with the ordinance. A non-refundable annual registration fee (amount to be determined) per property shall accompany the registration form or website registration. All fees must be paid directly from the Mortgagee, Servicer, Trustee or Owner. Third party registration fees are not allowed without the consent of the City of Santa Ana or authorized designee. Failure to register abandoned real property on an annual basis or any event of non- compliance with enacting legislation shall result in a penalty fee amount prescribed by the ordinance. 9. Respondent will remit payment of the registration fee to the City minus the agreed upon consideration to Respondent for services rendered no later than the tenth 1( 0th) day of each month. 10. Respondent will provide the City with monthly reports listing the properties on the register, in addition to those that have been added or subtracted since the previous report. 11. The prior month's report is due no later than the tenth (10th) day of the following month and shall be delivered to the following address: City of Santa Ana Code Enforcement 20 Civic Center Plaza — M19 Santa Ana, CA 2702 12. All documents, records, applications, files, and other materials provided in connection with the services rendered under this agreement shall be the property of the City of Santa Ana and shall be provided to RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 6 12/7/ 1721 Structures Registration Program Services the City within seven (7) business days, upon City's request and/or upon the termination of written agreement. 13. The City shall have the right to audit the books, records, and accounts that are related to the agreement. 14. Once a qualified respondents list is created, the City will utilize this list and enter into registration service contracts. The list of prequalified proposers shall remain active for a three (3) year period. IV. SUBMITTAL REQUIREMENTS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. It is the responsibility of the Proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. PlanetBids will not accept late bids and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetoids.com/portal/portal.cfm?Compan�I =2Q137 Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City's assigned Project Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www. lanetbids.com/portal/p rtaI.cfm?CoMppyI =2Q137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 7 12/7/ 1721 Structures Registration Program Services All Proposals shall include the following information: Letter of Introduction - Briefly describe the firm; and the name, address, e-mail, and phone number of the contact person as well as a summary of the respondent understands of the scope of services and overall approach to the scope of services. The letter should be signed by an officer of the respondent's firm authorized to bind the firm to all commitments made in the proposal. mmumane ara Provide a brief description of your firm's size and organization structure. 3. Relevant Experience and Qualifications Provide a description of your firm's relevant experience and qualifications of key individuals that may be involved in providing Foreclosure, Abandoned and Vacant Lots and Structures Registration Operations and Management services your firm has completed over the last three years. Specifically list any work conducted with governmental entities. Provide resumes for all key personnel. 4. Rate Structure Provide a sheet showing proposed rate per property registration of firm's staff and equipment utilized for tracking foreclosed property registration. 5. References - Provide at least three (3) references (names and current phone numbers) from recent work that may be contacted for verification of the respondent's experience and qualifications. 6. Insurance Requirements - All required insurance must be current and up-to-date in advance and renewed annually. A Respondent may not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Risk Management. V. INSURANCE REQUIRMENTS- MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) and include products coverage. 1. Minimum Limits of Insurance Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injuryand personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 8 12/7/ 1721 Structures Registration Program Services CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits ofinsurance and coverage shall be available to the Entity. 2. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require theVendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policylanguage shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. 3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 4. Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Vendor's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 5. Primary Coverage For any claims related to this contract, the Vendor's insurance coverage shall be primary insurancecoverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Vendor's insurance and shall notcontribute with it. 6. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, exceptwith notice to the Entity. 7. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 9 12/7/ 1721 Structures Registration Program Services 8. Verification of Coverage Vendor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Waiver of Subrogation Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance.Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiverof subrogation endorsement from the insurer. VI. CONFLICT of INTEREST Responder agrees that, for the term of this contract, no member, officer or employee of the City of Santa Ana, or a public body within Orange County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in contracts or any direct or material benefit arising therefrom. Responder must provide a list of any potential conflicts of interest in working for the City of Santa Ana. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Santa Ana limits. Responders must also identify any other clients that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. The list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for the City of Santa Ana may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. VII. SUBMITTAL of QUALIFICATIONS Your Submittal package shall be submitted online uploaded to PlanetBids and must include the following: 1. The proposal shall be in Times New Roman, Arial or some similar easily readable font. The size of the font shall not be smaller than 12. 2. Proposals shall be submitted not later than the time and date indicated on the cover page of this RFQ. RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 10 12/7/ 1721 Structures Registration Program Services 3. Faxed and/or emailed proposals will not be accepted. 4. The City of Santa Ana shall not be responsible for proposals delivered o r s u b m i t t e d to a person or location other than that specified hereinabove. 5. Late submittals shall not be accepted or considered. 6. All submittals, whether selected or rejected, shall become the property of the City of Santa Ana and will not be returned. 7. The City reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or irregularity. 8. Once submitted, all responses become public record and will be available to the public for review. 9. Cost incurred by the respondent in the preparation of the response to this RFQ is the sole responsibility of the respondent, and will not be reimbursed by the City. 10. All proposals shall remain firm for one hundred twenty (120) days following the closing date of the receipt of proposals. 11. Proposals must be uploaded and received by the submittal d e a d I i n e, October 21, 2021 at 5.00 p.m. The City of Santa Ana has no authority to accept proposals submitted after the above date and time. VIII. SUBMITTAL INFORMATION AND DEADLINE The following represents the tentative schedule for this project. Tasks Date • Release of RFQ September 30, 2021 • Deadline for Final Questions October 14, 2021 • Proposal Submission Deadline October 21, 2021 • Evaluation of Proposals Interviews — TBD • (If Needed) • Selection and Notification of Proposer List TBD IX. SELECTION PROCESS AND AWARD The City will review the responses to the RFQ and make a determination as to the most responsive, best suited and most qualified to provide the service being requested. Generally, the criteria will include, but not be limited to: RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 11 12/7/ 1721 Structures Registration Program Services • The responsiveness to the specific needs of the City and an understanding of the services to be provided. • Experience, expertise and knowledge particular to the City's needs, in providing services of a similar nature. • The skills, education and experience of the respondent (s). • Local businesses preference. For purposes of selection criteria, local is defined as having a headquarters or branch office located in either the City of Santa Ana, or within Orange County. • References. • Service Cost/Rates. Following the review, the City will determine the final number of Respondents to be included on the list of pre -qualified respondents. The City will notify all respondents of their pre -qualification status. The top three (3) firms will be awarded a three (3) year contract. X. QUESTIONS Prospective proposers shall direct all questions to: Alvaro Nunez, Code Enforcement Manager Tel. (714) 647-5871 Email: ANunez@santa-ana.org XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary as well as a detailed breakdown of the properties and registration fees collected. Payment by City within 45 days of invoice. XII. REGULATIONS The selected consultant shall be expected to comply with all applicable federal, state, city regulations, and contract provisions. RFQ: Fore oned and Vacant Lots and 19 ����� 13 — 12 12/7/ 1721 Structures Registration Program Services EXHIBIT 2 AGREEMENT FOR SERVICES TO ADMINISTER THE REGISTRATION AND MAINTENANCE OF ABANDONED, VACANT, AND/OR DEFAULTED MORTGAGE PROPERTIES THIS AGREEMENT is made and entered into this 7th day of December, 2021, by and between Property Registration Champions, LLC dba PROCHAMPS ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On September 30, 2021, the City issued Request for Qualifications No. 21-117, by which it sought proposals from qualified firms to provide services to administer the registration and maintenance of abandoned, vacant, and/or defaulted mortgage properties as provided by Santa Ana Municipal Code sections 8-1982 through 8- 1992. R Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 21-117. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFQ No. 21-017, which is attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a City neither warrants nor guarantees any minimum or maximum compensation to Consultant under the term of this Agreement, including any extension periods. Consultant shall only be compensated for actual services performed under the Agreement at the rate structure identified in Exhibit R b. Consultant shall receive and process all property registration fees, including payments, and provide monthly remittance of the City's portion of all registration fees by the tenth of each month along with a monthly remittance report. City Council age I oY9 13 — 13 12/7/2021 This Agreement shall commence on the date first written above and terminate on December 6, 2024, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two I -year periods upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a j oint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter ofthis Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetkally or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). For the sake of clarity, it is understood by both Parties that Documents and Data does not include any of Consultant's proprietary computer programing. Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractors prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use ofthe Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance ofwork under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. ! fa general aggregate limit applies, either City Council Page 2 of913 — 14 12/7/2021 the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code I), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit ofro less than $1,000,000 per accident for bodily injury or disease. 4. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $2,000,000 per claim with $2,000,000 in the aggregate. If the Con pant maintains broader coverage and/or higher limits than the minimums Shown_ above. the City requires and shall be entitled to the broader Overage and/fir the higher limits maintained by the Consultant. Any, available insurance proceeds in excess o f th specified minimum... limits of insurance an coverage shall be available to the City. b. Other Insurance Provisions I. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 IO 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers,officials, employees, or volunteers shall be excess ofthe Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. City Council Page 3 of913 — 15 12/7/2021 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue ofthe payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless o f whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be providedfo r at leastfive (5) years after completion ofthe contract o fwork iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Dateprior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of jive (5) years after completion ofwork. 8. Verification of Coverage: Consultant shall furnish the City with original Certificates oflnsurance including all required amendatory endorsements (or copies ofthe applicable policy language effecting coverage requiredby this clause) and a copy ofthe Declarations and Endorsement Page ofthe CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City Council Page 4 of913 — 16 12/7/2021 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. I0. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature oftherisk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason ofthe terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason ofthe events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason ofthe terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct ofthe Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement ofany United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative o f the City to City Council Page 5 of913 — 17 12/7/2021 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either parry by any subsidiary and/or agent of the other parry is covered by this Agreement. The foregoing obligations ofnon-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 City Council Page 6 of913 — 18 12/7/2021 To Consultant: Property Registration Champions, LLC 2725 Center Place, Suite 200 Melbourne, FL 32940 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms ofthis Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions ofthis Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council Page 7 of913 — 19 12/7/2021 termination, subject to the following conditions: a As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals ofthis Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason ofthis Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term ofthis Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations o f the United States, the State o f California, the City o f Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination ofthis Agreement. 20. MISCELLANEOUS PROVISIONS a Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each ofthe terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. h All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body o f this Agreement. City Council Page 8 of913 — 20 12/7/2021 IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. no-= Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R CARYALHO City Attorney 11�,K- 1P. John M Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL Minh Thai Executive Director Planning and Building Agency Kristine Ridge City Manager CONSULTANT Title: Ce t> P120 Page 9 of9 City Council 13-21 12/7/2021 r A r r PROGRAM SERVICES Issued By. CITY OF SANTA ANA CODE ENFORCEMENT, M-19 20 CIVIC CENTER PLAZA SANTA ANA, CALI FORN IA 92702 The City of Santa Ana reserves the right to reject any or all Proposals, to waive any informality in any Proposal, and to select the Proposals that best meet the City's needs. City Council 13 — 22 12/7/2021 ON- TICE, W way of this Request for Qualifications (RFQ), the City of Santa Ana Code Enforcement Division ("City") intends to pre -qualify a limited number of third party property management firms to provide professional services for the Registration and Maintenance of Abandoned, Defaulted and Foreclosed Mortgage Properties(bank owned), Vacant Lots, Structures, and Historical Properties(bank owned and privately owned) within the City of Santa Ana. Work under this RFQ is outlined in the Section M - Scope of Work. The City is committed to non-discrimination and equal opportunity. Nb person will be discriminated against on the grounds of race, color, sex, religion, national origin, ancestry, age, marital status, physical or mental disability, or sexual orientation. L_PURPOSE The purpose of this Request for Qualification Proposals ("RFQ) is b solicit competitive proposals from qualified firms to provide third party property management to operate the City of Santa Ana's Foreclosure, Abandoned and Vacant Lots and Structures Registration Program. II. RULES FOR PROPOSALS The signer of the RFQ must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority b bind the principal proposer. III. SCOPE OF SERVICES The City is soliciting a Statement of Qualifications ("RFQ") from interested firms with the intent of creating a list of pre -qualified respondents. Respondent(s) will be pre -qualified based on the process set forth in the "Selection Process and Award" (Section M II) of this RFQ. The City intends to have several firms qualified for these services. Respondents will be selected based upon their competency, experience and availability to conduct the work in a timely manner. Services include the following: 1. Respondent shall follow the requirements of the City of Santa Ana enacting legislation for foreclosed, abandoned, vacant lot and structure property registration, SAMC 8-1982. 2. Respondent will work to develop a website link with the City and meet all of the City's security and anti -viral requirements. a Respondent agree to provide a website for the registration of th e pro g ram in order to enable compliance with City legislation. RFQ: Forprinci ira� Ahnnrinnari anri Vnrnnt I ntc anri Page 219 StructurEgityg6o (rilProgram Services 13 — 23 12/7/2021 4. Respondent will proactively contact those that file a public notice of default, foreclosure action, and/or take title to real property via foreclosure or any other legal means for Foreclosed, Abandoned and Vacant Lots and Structures. 5. Respondent will provide electronic registration for applicants of foreclosed, abandoned and vacant properties/ lots in violation of the applicable City ordinance. 6. Respondent will pay for all expenses related to registration of all foreclosed abandoned and vacant/ lots and structures properties, and all administrative costs and fees related thereto. 7. Respondent will investigate, report, or take corrective measures monthly to update property status of all property electronically registered and in compliance with the relevant City ordinance. 8. Respondent will charge each applicant no more than the amount prescribed by ordinance (per applicant) to register all mortgagees who comply with the ordinance. A non-refundable annual registration fee (amount b be determined) per property shall accompany the registration form or website registration. All fees must be paid directly from the Mortgagee, Servicer, Trustee or Owner. Third party registration fees "are not allowed without the consent of the City of Santa Ana or authorized designee. Failure to register abandoned real property cn an annual basis or any event of non- compliance with enacting legislation shall result in a penalty fee amount prescribed by the ordinance. 9. Respondent will remit payment of the registration fee b the City minus the agreed upon consideration to Respondent for services rendered no later than the tenth (loth) day of each month. 10. Respondent will provide the City with monthly reports listing the properties cn the register, in addition to those that have been added or subtracted since the previous report. 11. The prior month's report is due no later than the tenth (loth) day of the following month and shall be delivered to the following address: City of Santa Ana Code Enforcement 20 Civic Center Plaza - M19 Santa Ana, CA 2702 12. All documents, records, applications, files, and other materials provided in connection with the services rendered under this agreement shall be the property of the City of Santa Ana and shall be provided b RFQ: For—InciircI 4hnnr4nnnr4 4 \/nrnn+ In+c 4 Page319 Structurd;i gGob itii:llProgram Services 13 — 24 12/7/2021 the City within seven (7) business days, upon City's request and/or upon the termination of written agreement. 13. The City shall have the right to audit the books, records, and accounts that are related to the agreement. 14. Once a qualified respondents list is created, the City will utilize this list and enter into registration service contracts. The list of prequalified proposers shall remain active for a three (3) year period. IV. SUBMITTAL REQUIREMENTS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. It is the responsibility of the Proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. PlanetBids will not accept late bids and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: tt ://www. lti.com/ octal/ ol.cf ?m 1 =217 Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City's assigned Project Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at tt ://www. lnetbi.co/ octal/ ortl.cf?Com n 1 =2137 Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. RFQ: Forsrl^- „-o nha StructurEQiWgGQWAW Program Services 13 — 25 12/7/2021 All Proposals shall include the following information: Letter of Introduction- Briefly describe the firm; and the name, address, e-mail, and phone number of the contact person as well as a summary of the respondent understands of the scope of services and overall approach to the scope of services. The letter should be signed by an officer of the respondent's firm authorized to bind the firm to all commitments made h the proposal. 2 Firm Profile Provide a brief description of your firm's size and organization structure. 3 Relevant Experience and Qualifications Provide a description of your firm's relevant experience and qualifications of key individuals that may be involved h providing Foreclosure, Abandoned and Vacant Lots and Structures Registration Operations and Management services your firm has completed over the last three years. Specifically list any work conducted with governmental entities. Provide resumes for all key personnel. 4. Rate Structure Provide a sheet showing proposed rate per property registration of firm's staff and equipment utilized for tracking foreclosed property registration. 5. References - Provide at least three (3) references (names and current phone numbers) from recent work that may be contacted for verification of the respondent's experience and qualifications. 6. Insurance Requirements - All required insurance must be current and up-to-date in advance and renewed annually. A Respondent may not work for the City of Santa Ana until the appropriate insurance has been provided and approved by the City Attorney. This shall be verified by City Risk Management. V. INSURANCE REQUIRMENTS- MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) and include products coverage. 1. Minimum Limits of Insurance Coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL rn an "occurrence" basis, including products and completed operations, property damage, bodily injuryand personal & advertising injury with limits no less than $1,000,000 per occurrence. If a genera lagg regate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO RFQ. Forarinci ipn Ahnnrinnorl nnrl Vnrnn+ I ntc nn14 Page 519 StructureC kgQWWiIProgram Services 13 — 26 12/7/2021 CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits ofinsurance and coverage shall be available to the Entity. 2. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require theVendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policylanguage shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. 3. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: A Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds cn the CGL policy with respect to liability arising out of work or operations performed by or cn behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement tD the Vendor's insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 5. Primary Coverage For any claims related to this contract, the Vendor's insurance coverage shall be primary insurancecoverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Vendor's insurance and shall notcontribute with ii. 6. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, exceptwith notice to the Entity. 7. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of ne less than A:VII, unless otherwise acceptable to the Entity. RFQ: Fororl-wo Ab@wAnn 4 n 4%/nr + I n+c n 4 Page619 StructureQ4 YgQWWilProgram Services 13 — 27 12/7/2021 8. Verification of Coverage Vendor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause} and a copy of the Declarations and Endorsement Paae of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Waiver of Subrogation Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance.Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiverof subrogation endorsement from the insurer. M. CONFLICT of INTEREST Responder agrees that, for the term of this contract, no member, officer or employee of the City of Santa Ana, or a public body within Orange County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in contracts or any direct or material benefit arising therefrom. Responder must provide a list of any potential conflicts of interest in working for the City of Santa Ana. This must include, but is not limited to, a list of your firm's clients who are the following: Private clients located or operating within the City of Santa Ana limits. Responders must also identify any other clients that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. The list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for the City of Santa Ana may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. VII. SUBMITTAL_ of QUALIFICATIONS Your Submittal package shall be submitted online uploaded to PlanetBids and must include the following: 1. The proposal shall be in Times Nevv Roman, Arial or some similar easily readable font. The size of the font shall not be smaller than 12. 2 Proposals shall be submitted not later than the time and date indicated rn the cover page of this RFQ. RFQ: Forcrinci ing 4hnnri—A 4 \/nn+ I n+c nnrl Page 719 StructurECOgGsttdmmoilProgram Services 13 — 28 12/7/2021 3. Faxed and/or emailed proposals will not be accepted. 4. The City of Santa Ana shall not be responsible for proposals delivered o r s u b m i t I e d to a person or location other than that specified hereinabove. 5. Late submittals shall not be accepted or considered. 6. All submittals, whether selected or rejected, shall become the property of the City of Santa Ana and will not be returned. 7. The City reserves the right to waive minor defects and/or irregularities in proposals, and shall be the sole judge of the materiality of any such defect or i rreg u la rity. a Once submitted, all responses become public record and will be available to the public for review. 9 Cost incurred by the respondent h the preparation of the response to this RFQ is the sole responsibility of the respondent, and will not be reimbursed by the City. 10. All proposals shall remain firm for one hundred twenty (120) days following the closing dale of the receipt of proposals. 11. Proposals must be uploaded and received by I he s u b m i t i a 1 d e a d I i n e, October 21. 2021 at 5:00 p.m. The City of Santa Ana has ne authority to accept proposals submitted after the above dale and lime. VIII. SUBMITTAL INFORMATION AND DEADLINE The following represents the tentative schedule for this project. Tasks Date • Release of RFQ September 30, 2021 • Deadline for Final Questions October 14, 2021 • Proposal Submission Deadline October 21, 2021 • Evaluation of Proposals Interviews - TBD • (If Needed) • Selection and Notification of Proposer List TBD IX. SELECTION PROCESS AND AWARD The City will review the responses to the RFQ and make a determination as to the most responsive, best suited and most qualified to provide the service being requested. Generally, the criteria will include, but not be limited to: RFQ. For,.rinci iro Ahnnrinnorl nnrl Vnrnn+ I ntc nn.4 Page819 Structured*get MfWjIProgram Services 13 — 29 12/7/2021 • The responsiveness to the specific needs of the City and an understanding of the services to be provided. • Experience, expertise and knowledge particular to the City's needs, in providing services of a similar nature. • The skills, education and experience of the respondent (s). • Local businesses preference. For purposes of selection criteria, local is defined as having a headquarters or branch office located n either the City of Santa Ana, or within Orange County. • References. • Service Cost/Rates. Following the review, the City will determine the final number of Respondents to be included cn the list of pre -qualified respondents. The City will notify all respondents of their pre -qualification status. The top three (3) firms will be awarded a three (3) year contract. X-QUESTIONS Prospective proposers shall direct all questions to: Alvaro Nunez, Code Enforcement Manager Tel. (714) 647-5871 Email: ANunez@santa-ana.org XI. METHOD OF PAYMENT The Consultant shall submit a monthly invoice to the City for the services rendered in that month. The invoice shall include a summary as well as a detailed breakdown of the properties and registration fees collected. Payment by City within 45 days of invoice. XII. REGULATIONS The selected consultant shall be expected b comply with all applicable federal, state, city regulations, and contract provisions. RFQ: Fororinciirc� Ahinrinnari inrl Virint I ntc and Page 919 StructurECikYgG0Uribqjl Program Services 13 — 30 12/7/2021 REQUEST FOR QUALIFICATIONS (RFQ) FOR FORECLOSURE, ABANDONED VACANT LOTS AND STRUCTURE REGISTRATION PROGRAM SERVICES I ; ►"6f f1 CITY OF SANTA ANA, CA rgReffilliml 111 WA1 O11 �: l I mII'' Submitted by: Property Registration Champions, LLC dba PROCHAMPS Mr. Robert Mannarino, CEO 2725 Center Place Melbourne, FL 32940 (321) 421-6639 ai r c s.c City Council 13 — 32 12/7/2021 B AE 3. Relevant Experience and Qualifications Detailed Plan of Proposed Services —Program Maintenance Appendix A - Resumes City Council 13-33 12/7/2021 VIA ELECTRONICSUBMISSION October 21, 2021 City of Santa Ana Purchasing Department, 4th Floor 20 Civic Center Plaza, Room 429 Santa Ana, CA 92702 Attn: Eva Pierce, Purchasing Agent Dear Ms. Pierce, Property Registration Champions, LLC dba PROCHAMPS ("PROCHAMPS") would like to announce its interest in continuing to manage the project as described in the City of Santa Ana Californ ia's ("City"), "Request for Qualifications (RFQ) for Foreclosure, Abandoned Vacant Lots and Structures Registration Program Services." Our "At -Risk" electronic property registration program was developed to directly address all the challenges communities face when managing these problematic propetiies in their neighborhoods. Our program solutions have proven to align with the City's scope of services over the past four (4) years. We are confident that our proprietary platform will continue to assist the City in meeting or exceeding its compliance goals. The undersigned declares that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signor ofthis proposal has full authority to bind the principal proposer. Again, we are willing and prepared to execute a standard agreement with the City of Santa Ana and will comply with all terms and conditions outlined in the bid posted on the City's procurement site entitled Request for Qualifications (RFQ) for Foreclosure, Abandoned Vacant Lots and Structures Registration Program Services. Sincerely, Robert Mannarino, CEO Property Registration Champions, LLC dba PROCHAMPS 2725 Center Place Melbourne, FL 32940 (321) 423-6639 rmannarino & rochamps.com City Council 13 — 34 12/7/2021 r t Il, u; ° 111°Ill tell t 111 NI ' " Jl 11"S 111 ,,y ec fli % e1 Robert Mannarino - CEO - A CEO and Board Director in leading Technology and BPO firms for over 20 years. He is known for his strategic insight. leadership. and entrepreneurial ability to grow businesses and create value for customers. Bob is a graduate of Chicago Booth with m MBA and holds a BS in Computer Science f rom Union College. He is accredited in Cybersecurity Governance from CERT at Carnegie Mellon. Jorge Fernandez - CFO/ Director of Business Strategy for Puerto Rico - Jorge has 25 years of extensive experience in implementing operations, executing corporate goals, and establishing/maintaining operating financial controls. Jorge began his career as part of the assurance practice at Arthur Anderson LLP. Jorge worked for several privately held and publicly traded companies in aerospace. technology, health care, and service sectors. Jorge received his BA and MA degree in Accounting from the University of Florida and is a Cellified Public Accountant (CPA) licensed in Florida. Stephen Arpaia - Vice President, Legal and Compliance - Steve joined PROCHAMPS in June 2020 and leads the Legal Team while managing all compliance operations. Since graduating from Cornell Law School in 1999, he has served as a strategic legal adviser to numerous companies regarding business development. government contracting.. municipal ordinance drafting, statutory interpretation, intellectual property issues. and risk assessment and mitigation. City Council 13 — 35 12/7/2021 °, 111'�u it°�u« Jll" a �,��1i I° Provide a brief description of your firm's size and organization structure. Property Registration Champions, LLC dba PROCHAMPS ("PROCHAMPS") was incorporated on September 12, 2016, as a subsidiary of Community Champions Corporation ("CCC") (incorporated April 29, 2009) with the sole objective of managing property registries that were previously being managed under the CCC name and to keep expanding our community partners. On April 1, 2019, Ae were recapitalized in a transaction led by Post Capital Management and are now a wholly -owned subsidiary of Post PROCHAMPS Acquisitions, LLC. PROCHAMPS LLC, located at 2725 Center Place, Melbourne, FL 32940, has been managing property registrations for over twelve (12) years and grown to an average of fifty (50) employees over the last four (4) years. 111I;,�Ur�( 111j,"U,1i 11 i-rd'„�hu�n�lo��o�lluu Provide a description of your firm's relevant experience and qualifications of key individuals that may be involved in providing Foreclosure, Abandoned and Vacant Lots and Structures Registration Operations and Management services your firm has completed over the last three years. Specifically, list any work conducted with governmental entities. Provide resumes for all key personnel. Property registration program operations are a combination of experienced people, proven processes, and leveraged technology. Operational responsibilities are separated into five teams. The five teams represent specific areas of discipline and expertise: • Government Support Team (GST) Customer Service Team (CST) • Proactive Compliance Team (PCT) • Quality Control Team (QCT) Information Technology Team (ITT) The combined efforts of the experts on these teams maximize the benefit of best practice legislation, proven processes, and our state-of-the-art registration and communication platforms to provide the most effective, stand-alone foreclosure registry program in existence. Key personnel who will work directly with the City possess over 30 years of combined experience in successfully administering property registration programs. These individuals have the education, qualifications, experience, training, and resources to provide all services necessary to administer the registration program for the City within the guidelines outlined in this RFQ and as mainly summarized in Section Ill SCOPE OF SERVICES. City Council 13 — 36 12/7/2021 The Key Personnel who are assigned to the City are: Deanna Morris Scott Blasie i Michael Baldwin Ordinance Policy Government t Senior Solutions Auditor, Senior Relations/Program Architect & Systems LegaolicyTeam Advisor Engineer, rrTeam Danielle kieselhorst j Juana " A n g e l" j Compliance Esindu, Support Director, Director, Support Compliance Team Team Our proprietary technology combined with, our staff of experienced professionals builds the foundation for serving community needs and successfully implementing "At -Risk" Property Registration Programs. Scott Blasie - sblasie(crXrochambs.com Government Relations Director Scott is m experienced Relationship Director with a demonstrated history of working with Government staff and elected officials. His professional Customer a Service background and 27-year tenure *in Public Service as a Code Enforcement Director give lmn the insight needed to mentor our team as it fosters ongoing relationships with current community partners and prospective partners. Scott mentors and guides the team to ensure the highest level of service through regular touchpoints with the City, effective communication and reporting, and team collaboration. Scott is a solid consulting professional with a BA in Business Administration, Management, and Operations from Lynn University Boca Raton, FL. Deanna Morris - dmorrisnprocham s.com Legal Support Team Manager Manager of the Legal Support Team, Deanna Morris, started with PROCHAMPS in 2016 as the Manager of the Policy Team. She leads her team in reviewing ordinances nationally as well as a review of currently partnered communities regularly. She is a proven reviewer and trainer who assists in obtaining requirements from ordinances and the communities that wish to maintain the best possible environment for their citizens. Communication with City staff, leaders, and associated attorneys is an integral part of the process for Deanna, further ensuring the understanding within the partnership and proper implementation of the ordinance policies. Our in-house legal team collaborates with the City's legal counsel to ensure proper application of the ordinance and provides all policies, terms, and conditions that reconcile with City expectations. The legal team confirms that our business rules are correctly configured for use by our platform and compliance team to determine the registration obligation for the pursuit of compliance and, if necessary, enforcement actions by the City. The team also reviews registration results and responsible party participation in determining improvements to "best practices" that an ordinance may contain and communities may practice to maximize ongoing ordinance effectiveness and benefits to the City. City Council 13 — 37 12/7/2021 Daniella Kieselhorst dkieselhorst� )roch s.com Compliance Director Danielle has a broad knowledge of property preservation, default servicing, and risk analysis. During her tenure with Wells Fargo, she shaped processes and procedures, interpreted registration ordinances, handled escalated issues, and built relationships with communities. Danielle's background has enabled her to lead the Compliance Team by confirming that the platform collects and analyzes all available evidence to create a registration obligation. When necessary, research and confirm evidence to ensure an accmate understanding of the registration obligation and pw-sue ongoing compliance of every property with evidence of an obligation to register. Juana (Angel) Esindu aesindu rochambs.com Customer Support Director As Support Director, Angel's daily endeavor is to be a company -wide catalyst to recognize and promote excellence in the customer experience while driving continuous improvement. She also inspires and influences change in the perspective of front-line customer service both internally and externally. From this platform, we can assist with building better communities, help fight blight, and assist in protecting the public's health, safety, and welfare. The primary function of the Support Team is to resolve all customer issues swiftly and professionally. Angel's team works with both Governmental staff and responsible parties across all our partnered communities through every aspect of the registration program and every phase of the registration process. Angel's commitment to service is evident in her team's active involvement in all customer -related issues and collaborative approach to bringing every challenge to a positive result for the community. Michael Baldwin mbaldwinWDrochamps.com Sr. Solutions Architect ISystems Administrator Mike's team is responsible for building and maintaining our best -in -class, cloud - based property registration platform. Mike has spearheaded several projects at PROCHAMPS, including implementing a network infrastructure at the corporate and satellite offices to include servers, phones, and the internet. fn addition, Mike is the solutions architect/project manager for several critical business web applications, including the "At -Risk" and Short -Term Rental identification platform. Mike's team ensures that all data sources available to the City are integrated into the platform and updated regularly for analysis. The team also provides custom integration capability allowing registration data to be incorporated into the City systems automatically. City Council 13 — 38 12/7/2021 3 "II[Jt" e 11 e ; ff, ni, t Ex p e rii !!njx o,, �l' ,,,, ,,,1,,,, , 4 Martin County, FL lfopeka, KS Long Beach, NY Springfield, OH Riverhead, NY Little Falls Township, M St. Augustine, IL Elizabeth Twp, PA rrty FL h o, � � INO1�Ir Chicago, I[, St Johns Coup,_._. _ ..._ mn ._... Lake Clarke Shores, FL Forest Park, OH Cheney, WA Peoria, IL _ ....... _. Wenatchee, WA — Middletown, OH Beach Park, FL Racine, WI Bolingbrook Village, I[, �_.....Bor.. Pompton Lakes .._._ Borough, N7 Burbank Village, IL !h(town), NY Chicago I[ Bellmw"r, NJ la East Peoria,er�ts Lockport IL Crest Hill, IL Llersey City, NT Flossmoor Village, IL jGlenwood Village, [L !Harvey, I[, Ifown oflslip, NY Harwood Heights Village, I[, lNetcong, NJ .......mwww... _..._...........,. �............................_ Midlothian Village, IL Sturtevant, WI _�.. Orland Hills Village, IL Matteson, IL Phoenix Village, 'IL, Rock Island City, IL Eincy, [L !Newark, NJ IL Orland Par 'II, ' chton Panic Village, k, !River Grove Village, II Hamilton City, OH Sauk Village, IL, !Niles Village, I[ Schiller Park Village, IL !Berkeley Twp, NJ Steger Village, IL !Tinley Park Village, IL I1; Waukegan, 1L Hama City Village, IL Wnn West Peoria, IL, Salina, NY Chicago Heights, IL, Bridgeview Village, IL Homer Glen, IL Glen Cove City, NY Fox Lake Village, IL, Brookhaven Town, NY bcean Gate Borough, NJ Smithtown, NY amden, NJ Little Egg H wp Harbor T . NT Eastampton Township, NJ Upper Darby, PA Maplewood Township, NJ Boonton,_ ...._._ NJ Maple Shade, NJ Penbrook Bo..._ rough, PA Bloomingdale, NJ !Riverside City, OH IS ng Township, NJ Margate, FL � 1�;aramus NJ Calumet City, Hemstead Village, ,�IL ! p a e, NY Oyster Bay, NY Southampton, NY Penfield, Ny Edgewater, FL Today, we have approximately 280 partnered communities to whom we provide similar services. Included here is a list of communities we have contracted with in the past three (3) years. Please see# ..5. References. City Council 13 — 39 12/7/2021 IID m,"',r i ll d 11111,1"'Ifnji, Proposed S e r ,, i c Identify / i Monitor .9 Collect Our proprietary technology, experienced, professional staff, and optimized processes will continue providing the successful identification, regulation, monitoring, and outreach of at -risk properties that meet each participating municipality's enacted ordinances or as amended from time to time. Some key capabilities include: We utilize data such as city and county records, public filings, utility bills, census data, and more to identify the responsible parties for all at -risk properties. Identify We notify all responsible parties oftheir obligation to register and will supply the community with all the most up-to-date contact information to be used for future compliance outreach. c Collect and remit all fees, fines, and late fees to the City mid -month for the previousmonth, • less the agreed administrative fees. We provide Enforcement Reports which allow the community to cite, fine, or begin the enforcement or code violation process. We also reconcile registrations collected by each municipality to determine non -compliant listings. Enforce We monitor for all identified "at -risk" properties, accurate and current responsible party contact information. We view current property risks and compliance status and analyze property risk trends. Monitor We provide the City with easy -to -use reports that can be viewed, customized, and downloaded — IF- on demand by the City at any time. . We provide ongoing support to responsible parties and City staff via web meetings, tutorials, training, phone, support tickets, and live chat on the website. City Council 13 — 40 12/7/2021 �Y1�1�;°11i°ll11;��a As current paltners with the City of Santa Ana, we will continue the maintenance phase of the program activities. The activities making up the ongoing fulfillment effort include, but are not limited to: Identify "At -Risk" Properties • We continually collect "at -risk" property evidence within the municipality to determinenew potential obligations to register. • The Compliance Team reviews filings to identify any potentially "at -risk" properties. • The Compliance Team proactively reviews the deregistration ofany property to ensure the public record accuracy and confirm there are no compliance concerns or ongoing obligations to register. The initial filing date is confinned to ensure the appropriate start date of the foreclosure action cr registration and collect any past -due registration fees. This review prevents responsible parties from bypassing any past -due registration obligations. Monitor and Regulate" At -Risk" Properties • We use all available data to identify and analyze "at -risk" properties on an ongoing basis for any ownership changes, compliance concerns, and registration changes. • We ensure accurate and current responsible party contact info for all identified "at -risk" properties for compliance outreach activities. • We send notifications to all responsible parties of each "at -risk" property. These notifications repeat regularly until the property is compliant. • Registrants have 24/7 access to any modern browser or mobile device to update or complete the registration process and ensure their property meets regulatory standards. • Upon request, we provide a simple and mobile -friendly capability for citizens to report property complaints. These complaints are reported to the responsible party and the City for resolution and possible enforcement. • We provide the City with current and trend metrics on all "at -risk" property enforcement activities. • We provide the City with requested reports and data regarding "at -risk" properties. ' Provide City and Municipal Support • The Support Team provides the City staff with a high level of ongoing professional support via email, phone, and livechat. • All support requests are tracked as tickets to ensure efficient resolution, including monthly audits for quality control purposes. • Our technology provides the City with complete visibility into the status and resolution of all support tickets for the City. Provide Training • We provide the City with ongoing platfonn and program training for all designated employees. • We conduct customized online training upon request. Conduct Regular Program Status Reviews Our Support Team completes periodic outreach to ensure expectations are met, communication and reporting are effective, and collaborates as necessary. City Council 13 — 41 12/7/2021 We will continue to charge a fee o f $100 per registration collected. We shall continue to send payment to the City to the person designated by the City and as instructed h this RFP w later than the fifteenth (15D) ofthe following month along with a monthly remittance report. It should be noted that if there every a fee required for public/official record data acquisition integral to the performance of the scope of work required under the terms and provisions of this contract, those charges shall be deducted from the remittance for the actual costs of said charges or subscriptions. If said charges or subscription fees are for the entire county, the fee shall be divided equally between all the communities partnered with us within the county at that time. If there is a change in the number of communities pallnered with us in the county, during the contract period, the county public record access fee will be adjusted accordingly to maintain an even cost sharing ty all communities within the county. Santa Ana Rate $1,132.85 PRC Total $100 $1,232.85 City Council 13 — 42 12/7/2021 i% 1, r1,' f e 111,,, c„ � ffl Ill rlL ° re �, ' . A public/private partnership was created with the City of Spokane, WA, in September 2016 • to operate the City's foreclosure registry. In the first 6-months of the contract with Spokane, we collected close to 900 registrations. Since the beginning of our partnership, we have collaborated with Spokane to register nearly 4,000 properties. Community Partner Since 2016 City of Spokane, W A- Local Government Entity Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support Contact Person Jason Ruffing Title Neighborhood & Housing Specialist Telephone Number (509) 625-6529 Email Address i,ruffi ng@sl loka necity. org Our service agreement is a structure based on compliance. The City of Spokane, WA, has a current and ongoing contract partnership. A public/private partnership was created with the City of Elizabeth, NJ, in October 2015 to operate the City's vacant and foreclosure registry. In the first 12-months of the contract with Elizabeth, NJ, we collected over 4000 registrations, more than doubling what the City was tracking to complete. Since that time, we have collaborated with Elizabeth, OP Ej NJ, to register nearly 11,000 properties. Community Partner Since 2015 City of Elizabeth, NU - Local Government Entity Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support Contact Person Eduardo Rodriquez Title Director, Department of Planning & Community Development Telephone Number (908)-820-4160 Email Address erodriguez@elizabethn'.org Our service agreement is a structure based on compliance. The City of Elizabeth, NJ, has a current and ongoing contract partnership. A public/private partnership was created with the City of Jacksonville, FL, in 2010 to operate the City's vacant and foreclosure registry. In the first 12-months of the contract with Jacksonville, FL, we collected over 9000 registrations, more than tripling what the . City was tracking to complete. Since that time, we have collaborated with Jacksonville, FL, to register close to 81,000 properties. Community Partner Since 2010 City ofJacksonville, FL- Local Government Entity Scope of Services Registration, Notification, Revenue collection, Monitor, Enforce and Support Contact Person Robert Own by Title Housing Property Administrator Telephone Number (904)-255-8283 Email Address rownby@coi„net Our mrvirc n8rocmcnt is n ctn irti irc hnmrl n ml- Ii—r�City of InrL —jilc, CI, hnc n ront --A —fining rnnf—rt part6ityrCouncil 13 — 43 12/7/2021 1 11 S Lill ts 11 C' ............ . . .... ........ We continue ID provide all required insurance kept current and renewed annually. We understand that the certificate of insurance must be approved by the City Attorney and verified by the City Risk Management. City Council 13-44 12/7/2021 11110(1'11AMII S 1: 1F9 2m111111110 .. .. ]FINA1.4 m Final Audit Report 2021-10-20 Created: 2021-10-20 By: Catherine Shiflett (cshiflett@prochamps.com) Status: Signed Transaction ID: CBJCHBCAABAAkBzFyaElsZeStEQyHex-CVOKLaXKg9d0 "PROCHAMPS - RFQ 21-117 - FINAL RESPONSE-CS.edited" History Document created by Catherine Shiflett (cshiflett@prochamps.com) 2021-10-20- 8:31:50 FT\A GMT- IP address: 184.90.248.216 Document emailed to Robert mannarino (rmannarino@prochamps.com) for signature 2021-10-20- 8:32:41 FM GMT fl Email viewed by Robert mannarino (rmannarino@prochamps.com) 2021-10-20-9:08:43 FT\A GMT- IP address: 102.129.153.22 D Document e-signed by Robert mannarino (rmannarino@prochamps.com) Signature Date: 2021-10-20-9:12:38 FM GMT -Time Source: server- IP address: 102.129.153.22 Agreement completed. 2021-10-20- 9:12:38 FM GMT E,J Adobe Sign City Council 13 — 45 12/7/2021 � o�0000uuuu�m���uum�... �.. �u�um�u��muuuuuuuuuuuwaruHm�o�000 mmmmi��m Community Development Agency santa-ana.org/cd Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Agreement with ABM for Municipal Parking Facilities Operator AGENDA TITLE: Agreement with ABM for Municipal Parking Facilities Operator (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with ABM Parking Services for operating services of the City -owned downtown parking facilities, for a five-year term with an option of five one-year extensions, beginning February 1, 2022 through January 31, 2027, for a total not -to -exceed amount of $13,326,785, which includes the management fees and reimbursable operating expenses, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana owns five parking facilities within Downtown Santa Ana that comprise over 1,800 parking stalls. The facilities are vital in providing easily accessible parking for numerous visitors, businesses and residents. Four of the facilities are multi- level parking structures that accommodate transient parking and monthly parking patrons and there is one surface lot that accommodates transient patrons. The facilities provide parking for businesses and special events held throughout the year and are an initial impression to visitors, therefore, efficient operation are of primary importance. The Community Development Agency (CDA) became responsible for the oversight of all parking operations in the downtown. The last procurement for parking operator services was completed in 2013 with the selection of SP+. The initial management agreement with SP+ expired on April 30, 2015 and an amendment was approved to allow for the agreement to continue on a month -to -month basis. Request for Proposals In June 2020, the City executed an agreement with the Walker Parking Consultants due to their extensive background in parking consulting services for cities. Walker Parking Consultants assisted staff in developing the Request For Proposal (RFP), obtain proposals from qualified firms, conducted a pre -proposal meeting and site walk-through, City Council 14 — 1 12/7/2021 Agreement with ABM for Municipal Parking Facilities Operator December 7, 2021 Page 2 answered written questions from potential bidders, reviewed proposals for technical accuracy and RFP compliance, and assisted with budget review. In April 2021, CDA released a Request for Proposal #21-046 and received seven proposals to provide parking operating services. Requirements of the RFP included: oversight of daily operation and management of the facilities, including, but not limited to: invoicing and collection of monthly fees, collecting parking fees, activation of monthly access cards, preparation of monthly utilization reports, garage revenue enhancement options and maintenance of the structures and lot. The proposals were evaluated by a rating committee composed of six representatives from the following departments: City Manager's Office, Community Development Agency, Public Works Agency, Parks & Recreation Agency, and Finance & Management Agency. The evaluations were based on several criteria including: responsiveness to RFP, experience of firm and personnel, reasonableness of cost, and references. The maximum score was 100 points. Table 1 below provides the ranking of each proposal. Table 1 Rank Proposer 1 ABM 2 SP+ 3 ACE 4 LAZ 5 PCI 6 Impark 7 PCA The evaluation committee determined that ABM Parking Services was the top proposer and received the highest overall ranking as a result of their proposal and oral interview/presentation. Parking Operator Information ABM Parking Services presented a quality proposal and diligently addressed their proposed operations, transition plan, management plan, and had the most reasonable cost for the services. They are proposing to help the City manage the parking structures while innovating technology, safety, efficiency, and provide excellent customer service to the patrons of Downtown. Furthermore, ABM has effective auditing procedures, reporting capabilities with data analytics, and revenue controls that will benefit Downtown Santa Ana. ABM Parking Services has been in business since 1909, beginning in the janitorial/maintenance industry. They are a national parking company with their headquarters in Los Angeles and a local office in Tustin. With over 50 years' experience, ABM Parking Services has one of the nation's premier operators of parking facilities. They currently provide similar parking operations and management services to over 2,000 City Council 14 — 2 12/7/2021 Agreement with ABM for Municipal Parking Facilities Operator December 7, 2021 Page 3 locations including the following: West Hollywood, Culver City, California Judicial Court Administrative Office, Civic Center Towers (Santa Ana), colleges & universities, airports, and hotels. Overview of Terms Following the evaluation process, staff entered into negotiations with ABM Parking Services who has exceeded expectations and has more competitive rates, below are some highlights of the cost savings and value-added service with ABM Parking Services. ABM Parking Services offered a competitive management fee of $18,000 for the first year and will waive the management fee for the first three (3) months of the agreement, plus approved reimbursable costs such as payroll, maintenance, equipment, janitorial, etc. The management fee for the subsequent years will be $24,000 with an approved and negotiated increase tied to the local Consumer Price Index (CPI) rate (which typically averages 5%) plus approved reimbursable costs (payroll, maintenance, equipment, janitorial, etc.). ABM Parking Services provides an automatic annual cost savings of $14,580 simply with the new management fee. The incumbent's management fee is $32,580 annually. The new parking operator is presenting an overall cost savings of 10% annually while helping increase revenue and provide augmented services. ABM Parking Services has a strong financial foundation that provides City with a competitive and reasonable rates for workers compensation, general liability insurance rates, merchant processing fees that warrants an overall annual overhead savings of 10.5% with value added services. In an effort to reduce overhead cost and improve the overall operation of the parking facilities, ABM Parking Services will assist in negotiating maintenance service agreements and identifying innovative technology that provides for a more pleasant parking experience. ABM Parking Services focuses on customer service and will enhance cleaning services to include power washing, painting, marketing, and automation of payment systems. Below is a cost comparison that highlights the cost savings provided by ABM in comparison to the existing costs. Categories Current Parking ABM Annual Savings (Annual Costs) Operator (Annual Costs) Comparison Annual Costs Salaries & Wages* $ 304,845 $ 281,036 $ 23,809 Payroll Tax & Fringe Benefits $ 133,319 $ 128,118 $ 5,201 Workers Compensation $ 85,207 $ 26,765 $ 58,442 General Liability Insurance $ 32,709 $ 16,542 $ 16,167 Management Fee .... $ 32,580 $.... 18,000 $ 14,580 *Please note that employee wages for all union employees with at least one year of work will receive an annual increase of40 cents to their hourly rate, effective June 1, 2022, which will be incorporated into the annual budget in 2022. City Council 14 — 3 12/7/2021 Agreement with ABM for Municipal Parking Facilities Operator December 7, 2021 Page 4 Historically and due to practicality, the parking operator serves as the auxiliary for the City in managing the entirety of the parking facilities including repairs, maintenance, and equipment management, as well as collecting parking revenue, processing operational expenses, and submitting net income payments to the City on a monthly basis. ABM Parking Services will be required by the City to provide detailed financial reports with supporting invoices for all expenses. The City reserves the right to disallow expenses that are ineligible or exceed $500 without prior written approval by the City. The annual expenses are projected to be $1,059,540 with a projected annual CPI increase of 5% (at the City's discretion and negotiation). The annual revenue is projected to be $1,796,410. The estimated annual revenue is projected to cover the operational costs of the parking facilities and allocate funds for several deferred maintenance items and augmented services. Please note that the expenses and revenue are projections and may fluctuate. Below is an excerpt of the agreement's budget with expense and revenue projections for the initial 5-year term and the optional five one-year extensions. ABM Parking Operator 5 Year Budget Overview + Optional Year Budgets Downtown Santa Ana Parking Facilities: Space 1892+/- Agreement Years 1-5 Estimate Expenses Projected Illevenue Year 1 $1,059,540 $1,796,410 Year 2 $1,112,517 $1,796,410 Year 3 $1,168,143 $1,796,410 Year 4 $1,226,550 $1,796,410 Year 5 $1,287,878 $1,796,410 Optional Years 6-10 (if approved by the City) EstimateProjected Illevenue Year 6 $1,352,272 $1,796,410 Year 7 $1,419,885 $1,796,410 Year 8 $1,490,880 $1,796,410 Year 9 $1,565,424 $1,796,410 Year 10 $1,643,695 $1,796,410 Total Year 1-10 Estimate Expenses Year 1-10Projected Illevenue $13,326,785 $17,964,100 Imoortant Note: The annual expenses are proiected to start at $1.059.540.37 with a proiected annual CPI increase of 5% (at the City's discretion and negotiation). The annual revenue is projected to be $1,796,410 and is programmed to cover the operational costs of the parking facilities and allocate funds for several deferred maintenance items and augmented services. Please note that expenses and revenue are projections and may fluctuate. City Council 14 — 4 12/7/2021 Agreement with ABM for Municipal Parking Facilities Operator December 7, 2021 Page 5 Transition The transition plan includes a 30-day notice to the current parking operator during the month of January 2022. During that 30-day window, ABM Parking Services will set-up the procedures, administration, and employee retention and/or recruitment, while setting up operations with the approval of City staff to become fully operational on February 1, 2022. ABM Parking Services will meet weekly with City staff to execute the transition plan, meet key stakeholders, begin repairing equipment, and provide augmented services to the customers and facilities. Additional transitional plan details are available within the attached agreement (Exhibit 1). Based on the overall quality, thoroughness of the proposal, and competitive budget, staff recommends the selection of ABM Parking Services to operate and manage the downtown parking facilities. FISCAL IMPACT Funds in the amount of $109,500 for the management fees to ABM Parking Services are available, and will be budgeted in future fiscal year budgets as follows: Fiscal Year Accounting Unit- Fund Accounting Unit, Amount Account # Description Account Description FY 21-22 02718132-6233X Parking Fund Parking Facilities, $ 3,000 (Feb. -Jun.) Contract Services FY 22-23 02718132-6233X Parking Fund Parking Facilities, $ 20,500 (July -June) Contract Services FY 23-24 02718132-6233X Parking Fund Parking Facilities, $ 24,000 (July -June) Contract Services FY 24-25 02718132-6233X Parking Fund Parking Facilities, $ 24,000 (July -June) Contract Services FY 25-26 02718132-6233X Parking Fund Parking Facilities, $ 24,000 (July -June) Contract Services FY 26-27 02718132-6233X Parking Fund Parking Facilities, $ 14,000 (July -Jan.) Contract Services Total $109,500 The not to exceed amount of $13,326,785 includes the management fees and reimbursable operating expenses for the five-year term and the optional extensions (total of 10 years, if approved) as outlined in budget section of the agreement (Exhibit 1). The parking operator will provide monthly reports and supporting documentation to the City for review and in order for staff to record the summary transactions by parking facility in the City's financial system, for both the revenue and expenditure ledgers. ABM Parking Services will submit payments to the City for net income generated on a monthly basis. These net income payments will be recorded in the Parking Fund, Revenue account nos. (02718002-various). City Council 14 — 5 12/7/2021 Agreement with ABM for Municipal Parking Facilities Operator December 7, 2021 Page 6 If ABM Parking Services cost of operations exceeds the income generated for any given month, the City will reimburse the operator for the difference from the same expenditure accounts specified above. EXHIBIT(S) 1. Agreement — Parking Operator Agreement Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 14 — 6 12/7/2021 EXHIBIT 1 PARKING OPERATOR/MANAGEMENT AGREEMENT FOR THE CITY OF SANTA ANA DOWNTOWN PUBLIC PARKING GARAGES & SURFACE LOT This PARKING OPERATOR/MANAGEMENT AGREEMENT (the "Agreement") is made and entered into on this 1" day of February, 2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Owner" or "City") and ABM Industry Groups, LLC, dba ABM Parking Services, a Delaware limited liability company ("Operator"). RECITALS: A. Owner presently owns five parking facilities located at Third and Broadway (Garage A), Fifth and Spurgeon (Garage B), Third and Birch (Garage C), Fifth and Main (Garage D), and Third and Bush (Lot 1), Santa Ana, California (collectively, the "Parking Facilities"). B. Owner has a need for an operator to oversee the management and operation of the Parking Facilities. C. Operator was selected pursuant to Request for Proposal #21-046 issued by Owner in April 2021 ("RFP"). D. Operator represents that it is qualified and experienced in parking management and operation and is available to oversee the management and operation of the Parking Facilities in a first-class manner pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual and respective promises set forth below, the parties do hereby mutually agree as follows: This Agreement consists of: 1. Basic Agreement 2. Scope of Services/Response to RFP (Exhibit A) 3. Parking Facilities (Exhibit B) 4. Budget (Exhibit C) 5. Parking Facilities Fact Sheets (Exhibit D) 6. Operation and Maintenance Plan (Exhibit E) City Council Page 1 14 — 7 12/7/2021 EXHIBIT 1 BASIC AGREEMENT PREMISES The Parking Facilities currently comprise four parking structures (containing approximately 1,892 parking spaces) and one surface lot (containing approximately 54 parking spaces) as detailed in Exhibit B. REPRESENTATIVESOFTHE PARTIES AND SERVICE OF NOTICES A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands, and communications will be given are as follows: 1. The representative of Owner will be, unless otherwise stated in this Agreement: Julie Castro -Cardenas Economic Development Specialist City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 With a courtesy copy to: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 2. The representative of Operator will be: Stan Bochniak Vice President, National Parking Sales ABM Industry Groups, LLC 14201 Franklin Avenue Tustin, CA 92780 With a courtesy copy to: ABM Legal Department LegalNotice@ABM.com ATTN: Deputy General Counsel, Commercial B. All notices, requests, demands, payments, or other communications required to be given hereunder will be in writing and will be sufficiently given if mailed, by certified mail, postage prepaid, return receipt requested, or overnight delivery addressed to the other party at the preceding address or such address as may be given hereafter in writing to the other party by notice as aforesaid. Notices, demands, and communications to be given hereunder by either party will be deemed communicated as of the date of re Ci y Council Page 2 14 — 8 12/7/2021 EXHIBIT 1 C. If the name of the persons designated to receive the notices, demands, or communications or the address of such person is changed, written notice will be given, in accordance with this section, within five (5) business days of said change. III SCOPE OF SERVICES - OBLIGATIONS OF OPERATOR A. As directed by Owner, Operator will oversee and manage the day-to-day operations of and will maintain the Parking Facilities in the manner of first-class parking facilities, in such a way as to maximize Gross Revenue and to minimize Operating Expenses (as such terms are defined hereinafter), and in accordance with the Scope of Services/Response to RFP attached hereto as Exhibit A (the "Services"). Operator will provide all necessary materials, staff, expertise, and services required to carry out the Services in a first- class manner. B. All adjustments to the Scope of Services will be made through written amendments to this Agreement signed by both parties, which may be subject to approval by the City Council for the City of Santa Ana. C. Operator acknowledges and agrees that it has been retained by Owner for reasons that include Operator's expertise with regard to safety and health hazards associated with the parking services to be performed by Operator. Operator agrees that it has, and will have, sole responsibility for the health, safety, and welfare of its employees and all other persons performing the parking services. D. At all times while performing the parking services, Operator will comply with all applicable Owner health, safety, security, and environmental procedures, policies, and guidelines and with all applicable laws, regulations, ordinances, and codes applicable to the operation of the Parking Facilities that are now in effect or that become effective during the Term hereof including, without limitation, the Americans With Disabilities Act of 1990. E. Operator will not make any alterations of any kind to the Parking Facilities, or any improvements inside or outside the Parking Facilities without the prior written consent of Owner, which Owner may grant, deny, or condition in its sole discretion. For clarity, Operator will not install any signage or modify any existing signage without Owner's prior written consent, which Owner may grant, deny, or condition in its sole discretion. Operator will not use the Parking Facilities for any purpose other than as set forth in this Agreement. Conversely, Owner reserves the right to itself and others for supplementary and complimentary uses, including other revenue -generating activities, at Owner's sole discretion. G. Prior to commencement of services, Owner shall provide in writing to Operator those areas of the Parking Facilities that are controlled by the Owner ("Restricted Areas"). Operator will not enter or use those areas without Owner's prior written consent, which Owner may grant, deny, or condition in its sole discretion. The only exception to this absolute prohibition against entry is in the case of an emergency situation that requires Operator to enter a Restricted Area in order to prevent imminent injury to a person or material damage to the Parking Facilities. In such case, Operator will notify Owner as soon as possible to report the entry and precipitating emergency. H. Operator will not accept any advertising inside or around the Parking Facilities without Owner's expressed ar. City Council Page 3 14 — 9 12/7/2021 EXHIBIT 1 Operator will not enter into any parking contract for the Parking Facilities without Owner's prior written consent, which Owner may grant, deny, or condition in its sole discretion. Operator agrees that if any related entity or subsidiary of Operator is contracted to provide valet parking services for any entity (i.e. hotel, restaurant, or front door) in the vicinity of the Facilities during the Term of the Agreement ("Outside Contracts"), Operator will promptly discuss such Outside Contracts with Owner and, at Owner's request, will make every effort to store vehicles related to said Outside Contracts within the Parking Facilities for a mutually agreed upon daily fee proposed by Operator and approved by Owner. Operator will provide Owner with a copy of all agreements governing said Outside Contracts and all revenue generated for the Parking Facilities from the storage of Outside Contract vehicles will be accounted for and included on the monthly statement provided to Owner. IV OBLIGATIONS AND RIGHTS OF OWNER A. Owner agrees that at the commencement of and throughout the Term of this Agreement, the Parking Facilities (including but not limited to the roof, structural portions, and interior and exterior of any building that is part of the Parking Facilities) will, at Owner's expense, be kept in good condition and repair for use as parking facilities and be constructed and equipped to comply with all laws, regulations, ordinances, and codes applicable to the ownership and maintenance of the Parking Facilities that are now in effect or that become effective during the Term including, without limitation, the Americans With Disabilities Act of 1990, as applicable to the Parking Facilities. B. Owner will provide the following: 1. Structural repairs and condition assessments of facilities. C. Owner will have the right during the Term to modify the Facilities on a temporary or permanent basis for any reason including, but not limited to the following: 1. To provide additional parking spaces. 2. To repair one or more sections of the Parking Facilities. 3. To increase the number of spaces available for parking by acquisition or devotion of additional land, redesign, restriping, or otherwise. 4. To decrease the number of spaces or close the Parking Facilities for any purpose. 5. To convert all or part of the Parking Facilities to another use. 6. To add, remove, and/or change any type of parking equipment/technology. 7. To add, remove, or change parking duties/responsibilities of Operator. Operator will work with Owner to accommodate these changes in its operation of the Parking Facilities. Operator will also update the Operation and Maintenance Plan, which is incorporated herein as Exhibit E, to accommodate any permanent changes; the revised Operation and Maintenance Plan will be subject to approval by Owner. Any changes to the Operation and Maintenance Plan, or any other Exhibit attached herewith, may be incorporated and attached to this Agreement administratively, without requiring formal amendment of the Agreement, upon written approval of the updated Exhibit by Owner. City Council Page 4 14 — 10 12/7/2021 EXHIBIT 1 V TERM: TERMINATION A. The term of this Agreement will commence on February 1, 2022, and continue for a term of five (5) years through January 31, 2027 (the "Base Period"), with five options to extend the term for one (1) additional year (each an "Option Period"), at the election of Owner (the Base Period and any Option Period(s) will constitute the "Term" hereof). B. Notwithstanding anything to the contrary contained herein, this Agreement may be terminated at any time, without cause or penalty, by either party upon at least sixty (60) days' prior written notice to the other party; provided, however, if the Parking Facilities are sold, damaged, or destroyed, either partially or totally, and Owner decides not to repair or rebuild, then either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party. C. Owner shall have the right to immediately terminate this Agreement upon 24 hours written notice to Operator in the event of any of the following: 1. Assignment of this Agreement by Operator without Owner's consent, provided, however, that transfer or assignment by Operator to a direct or indirect subsidiary of ABM Industries Incorporated shall be permitted. 2. The dissolution or termination of Operator's corporate existence (or one or more of the entities constituting Operator, if applicable), including, without limitation, by way of merger. 3. The filing of a petition for relief in bankruptcy or for reorganization pursuant to any federal or state law against Operator (or one or more of the entities constituting Operator, if applicable) (or an entity which directly or indirectly controls Operator, if applicable) or Operator (or one or more of the entities comprising Operator, if applicable) makes an assignment for the benefit of creditors or takes advantage of any federal or state insolvency act, rule or law. 4. The dissolution of Owner or the sale of Owner's interest in the Project and conveyance of legal title thereto, provided Owner has provided Operator with thirty (30) days' prior written notice of such sale or conveyance. 5. Any failure by Operator to observe or perform any provision, covenant or condition set forth in Section VIII hereof. 6. Any failure by Operator to observe or perform any other provision, covenant or condition of this Agreement to be observed or performed by Operator where such failure continues for five (5) days after written notice of such failure from Ownerto Operator, provided that ifthe nature of such default is such that the same cannot be reasonably cured within a fifteen (15) day period, Operator shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure said default as soon as possible. Owner may also terminate this Agreement upon written notice to Operator for cause, including, but not limited to, any criminal acts, acts of defalcation, fraud, gross negligence, willful misconduct, or other material breach of fiduciary duty to Owner by Operator in connection with the performance of Operator's obligations hereunder. In the event of any such termination under this Section V.C, Owner shall retain all rights and remedies it may have hereunder and at law or in equity. Notwithstanding the provisions of this Section, Owner's termination pursuant to the terms of this shall not be effective so long as Operator diligently commences to cure the applicable failure, violation, and/or breach within five (5) business days following its receipt of notice therefor; provided that if the nature of such failure, violation and/or breach is such that the same cannot reasonably be ,V,y 8, Clla ive usiness ay perio , pera o� a lrf a eeme o e in e T i igently Page 5 EXHIBIT 1 commences such cure within such period and thereafter diligently proceeds to rectify and cure such failure, violation and/or breach, but in no event exceeding a period of time in excess of thirty (30) days after written notice thereof from Owner to Operator. D. Upon termination as stated above, City shall be liable to Operator only for work satisfactorily performed by Operator up to and including the date of termination of this Agreement. VI COMPENSATION:REIMBURSEMENT A. Management Fee. As compensation for Operator's services hereunder, Owner will pay Operator a yearly management fee (the "Management Fee") of eighteen thousand dollars ($18,000.00) for the first year and twenty-four thousand dollars ($24,000.00) for the following years of the Term. B. Reimbursement of Operating Expenses. In addition to paying the Management Fee, Owner will reimburse Operator for approved expenses incurred in the operation, repair, and maintenance of the Parking Facilities (the "Operating Expenses"), subject to the provisions of this Section VI.B. Operator will use its best efforts to minimize Operating Expenses while still operating and maintaining the Parking Facilities in a first-class manner. It is agreed that Operating Expenses may be increased with prior written approval by the Owner due such factors beyond Operator's reasonable control, such as but not limited to increases to minimum, prevailing or living wages, increases occasioned by government mandates including the federal Affordable Care Act, increases to insurance and supply costs. 1. Operating Expenses will comprise the actual, submitted invoice indicating verifiable expenses reasonably necessary to maintain, repair, and operate the Parking Facilities in accordance with the Scope of Services, and will include the following; All expenses must be accompanied by an actual invoice from the service/product provider, clearly showing the amount owed that corresponds to the amount billed to the City, clearly stating the nature of the service/product received, and that is easily auditable. Manually produced or provided invoices or information may not be provided in lieu of an actual provider invoice and will not constitute acceptable backup for reimbursement of any expenses: a. Salaries, wages, and payroll taxes for actual on -site labor at the Parking Facilities; provided that Operator will invoice Owner for salaries at the overtime premium rate only when overtime premium services have been specifically authorized in writing in advance by Owner. If an open position must be temporarily filled by Operator with a fully trained parking attendant not regularly assigned to the Parking Facilities and the attendant's prior work schedule requires payment at an overtime premium rate, Operatorwill compensate the attendant at the appropriate rate of pay but will invoice Owner only at the attendant's regular straight -time rate of pay. Health, welfare and pension, and retirement benefits, and other funds that Operator is required to pay in accordance with governmental regulations, a Collective Bargaining Agreement or Operator's employee benefits program for the personnel exclusively engaged in the management and operation of the Parking Facilities. c. Workers' compensation insurance for on -site labor at the Parking Facilities d. General liability and garage -keeper's legal liability insurances attributable to the Parking Facilities. City Council 14 — 1 Page 6 2 12/7/2021 EXHIBIT 1 f. Utilities directly associated with operating the Parking Facilities (the direct cost of electricity, telephone, cable or ISDN, other required data lines and water used exclusively at the Parking Facilities). g. Equipment repair and maintenance. h. General cleaning and maintenance (per Exhibit Q. i. Painting and re -striping of the Parking Facilities. j. City of Santa Ana business license and all necessary permits and fees, including a police permit. i. Operator will obtain, retain, and renew all permits and licenses required by any public or quasi - public authority or agency as a condition to the use and operation of the Parking Facilities as public parking facilities and storage facilities for motor vehicles including, but not limited to, a Santa Ana business tax certificate. j. All taxes that may be levied or charged upon the Parking Facilities, including, but not limited to the following: i. The Possessory Interest Tax as levied by and payable to the County of Orange, based upon the County's formula for taxing Operator's possessory interest in the Parking Facilities by the award of this Agreement, if the County Assessor deems that such a possessory interest exists. ii. All taxes that may be levied or charged upon the rights of Operator to perform the service of operating parking facilities in the City of Santa Ana or upon Operator's improvements, equipment, fixtures, facilities, or other property thereon. k. Telecommunications, data processing, and postage attributable to the Parking Facilities. I. Marketing of the Parking Facilities. m. Armored car services. n. Uniforms. 2. Operating Expenses will not include, and Operator will not be entitled to reimbursement for, the following: a. Any payments to affiliates of Operator exceeding an amount that would have been paid to a third -party for similar services. b. Operator's general overhead expenses. c. Administrative and related costs and expenses incurred in the operation of the Parking Facilities or other operations of Operator, as they are incurred in the general management of the affairs of the Parking Facilities or Operator's other operations, including the monitoring of the operation and management of the Parking Facilities. City Council Page 7 14 — 13 12/7/2021 EXHIBIT 1 d. Maintenance of the general books and records of Operator. e. Office supplies and equipment used by Operator that are not used exclusively for the Parking Facilities. f. Payroll markups by Operator. g. The cost of compensation for any personnel above the level of Garage Manager working at the Parking Facilities in any capacity other than as a full or part-time employee with direct responsibility for the Parking Facilities. h. Computer expenses, administrative mark-ups, or travel expenses related to the management of the Parking Facilities. i. The cost of any managers, supervisors, or couriers not employed at the Parking Facilities on a full-time basis. j. Off -site supervision. k. Pro -rated home -office costs. I. Transportation costs to/from Parkinjacilities. m. Training costs, e.g., training manuals andvideos. n. Personnel recruitment costs. o. Internal audit costs. 3. In order to be reimbursed, Operator must obtain prior written approval of the amount of all Operating Expenses from Owner, which approval will not be unreasonably withheld, conditioned, or delayed. In determining the reasonableness of Operating Expenses, Owner will evaluate the Operating Expenses in light of the expenses required to operate, maintain, and repair comparable parking facilities of a first-class nature in the vicinity of the Parking Facilities. 4. It is expressly understood and agreed that the total reimbursement for all Operating Expenses will not exceed what is reflected in the approved Budget (Exhibit C) during the Term unless otherwise provided by written amendment to this Agreement. 5. Other than payroll, Operator will not contract or purchase any one item that exceeds $500.00 in cost or any item the cost of which exceeds the amount set forth in the approved Budget without the prior written approval of Owner. Any rebate or discount obtained by Operator in connection with this Agreement will be the property of Owner. 6. In addition to the Monthly Statements required in the Scope of Services, Operator will submit quarterly status reports to Owner evaluating the current efficiency of the operations of the Parking Facilities, indicating any potential impediments to Owner's goal of minimizing Operating Expenses and making recommendations regarding changes to the Scope of Services to reduce Operating Expenses. City Council Page 8 14 — 14 12/7/2021 EXHIBIT 1 7. If this Agreement is terminated before Operator receives reimbursement in full for any Operating Expenses actually paid by Operator, Owner will reimburse Operator for such approved Operating Expenses as a condition of termination. D. The total amount of compensation paid by Owner to Operator during the Term of the Agreement, including any possible Management Fee Adjustments or Operating Expenses Reimbursements as detailed herein, shall not exceed Thirteen Million Three Hundred and Twenty -Six Thousand and Seven Hundred and Eighty Five Dollars ($13,326,785.00). On a monthly basis, Operator shall use the parking revenue generated to collect its Management Fee and Operating Expenses Reimbursements. Operator shall then submit payments to Owner for the remaining net income generated on a monthly basis. Operator shall also provide monthly reports and supporting documentation to Owner reflecting gross revenues collected by Operator and total operating expenses incurred by Operator. If Operator's expenses exceed the income generated for any given month, Operator shall submit an invoice to Owner for the difference. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for that which fails to meet the standards of performance that may be reasonably expected by City. VII EMPLOYEES, AGENTS. AND SUBCONTRACTORS OF OPERATOR A. Parking Facilities Personnel and Hourly Rates. Owner will compensate Operator for key personnel and staff initially based on the fully burdened hourly rates included in Form C (Staffing Schedule) during the first twelve months of the Base Period, subject to reasonable and mutually agreed upon cost -of -living increases over the remaining course of the agreement as approved, in writing, by Owner. 2. Hourly rates for staff represent an average rate. B. Operator will provide in each Monthly Statement a schedule of employee positions to be employed on -site in the direct management of the Parking Facilities. The staffing schedule will include the employee's name, lot/position scheduled at, days/hours scheduled, job titles, hourly wage rates, and salaries. C. Any employee hired by Operator will be subject to and must pass a background check administered by Operator. D. Operator will at all times be solely responsible for the acts and omissions of all employees, agents, and other persons under its control performing any of the Parking Services. Operator will at all times maintain strict discipline among its employees and will not employ any person lacking the requisite skills for the particular assignment. City Council Page 9 14 — 15 12/7/2021 EXHIBIT 1 vnl INSURANCE Operator shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Operator, its agents, representatives, employees, or subcontractors. a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall beat least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit: Such policy will protect the City of Santa Ana as additional insured entities against incurring any legal cost in defending claims for alleged loss subject to all the terms and conditions of the commercial general liability policy. Excess insurance that complies with the general insurance requirements set forth below may be used to provide the required coverage limits. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Operator has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Note — required only if an automobile is used in performance of work.) Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance having limits not less than those required by the Labor Code of the State of California and federal statute, if applicable, and Employer's Liability covering all persons entering the site to perform work thereupon and/or employed by Operator and Operator's contractors in the conduct of its operations at the Parking Facilities (including the "all states" and volunteers endorsements, if applicable), in minimum limits of not less than $1,000,000 per incident covering accidental death, bodily injury, illness, and disease. 4. Crime Insurance and Network Security and Privacy Liability: with limits no less than $1,000,000 per occurrence which include employee dishonesty and theft, disappearance and destruction of money and securities information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. These policies shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations. 5. If the Operator maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Operator. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions —The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to City Council Page 10 14 — 16 12/7/2021 EXHIBIT 1 be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Operator including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Operator's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage: For any claims related to this contract, the Operator's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Operator's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Operator hereby grantsto City a waiverof any right to subrogation which any insurer of said Operator may acquire against the City by virtue of the payment of any loss under such insurance. Operator agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Operator to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 7. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Operator must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. 8. Verification of Coverage: Operator shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Operator's obligation to provide them. City reserves the City Council Page 11 14 — 17 12/7/2021 EXHIBIT 1 right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Operator shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Operator shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. IX INDEMNITIES A. Operator will release, indemnify and defend (with counsel reasonably acceptable to the Indemnitees) Owner, the City of Santa Ana, California, and their respective members, managers, partners, officers, directors, affiliates, representatives, funders, agents, employees, successors and assignees (collectively, "Indemnitees") , from and against any and all claims, demands, damages, losses, lawsuits and other proceedings, judgments, causes of action, liabilities, claims of lien, liens, and expenses civil or criminal penalties and charges, costs (including, without limitation, reasonable attorneys', contractors' and experts' fees and costs) (collectively, "Claims") to the extent such Claims are caused by Operator's performance of the Parking Services, including: (i) Operator's breach of any of its obligations or representations under this Agreement, (ii) willful misconduct or any negligent act, error or omission of Operator, or personnel under its control including its partners, members, managers, agents, officers, directors, representatives, employees and anyone for whose acts or omissions Operator may be liable, in connection with the performance or conduct of the Services; (iii) any injury or death of any person (including, without limitation, injury or death of Operator's employees, agent, invitees, assignees, contractors or subcontractors) or damage or destruction of the property of any person or entity that is caused by Operator's or Operator's agents or employees' performance of Services under the Agreement or otherwise provided by Operator or Operator's agents or employees to the Parking Facilities, or any other act or omission of such parties, but only to the extent such are caused by Operator's negligence; and (iv) any alleged or actual violations by Operator or Operator's agents or employees of any law, ordinance, rule or regulation governing or otherwise affecting the business operations of Operator or Operator's performance of services and obligations under the Agreement. Notwithstanding the foregoing, Operator shall have no obligation to indemnify and defend Indemnitees from any Claims caused by Indemnitees' gross negligence or willful misconduct. The duty to defend referenced herein is wholly independent from the duty to indemnify, arises upon written notice by City to Contractor of a claim within the potential scope of this indemnification provision. B. Notwithstanding anything in Section IX.A. to the contrary, all of the Indemnitees retain the right to defend any such Claims through counsel of their own choosing when the Indemnitee reasonably determines there is a conflict of interest between Operator and such Indemnitee, and (so long as such Indemnitee gives Operator at least thirty (30) days' notice of the terms of the proposed settlement thereof and permits the Operator to then undertake the defense thereof) to settle such Claim, and to recover the amount of such settlement or of any judgment and the reasonable costs and expenses of such defense from Operator. Operator will, upon receipt of notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Operator is carrying and maintaining; however, if Operatorfails to take such action as is necessary to make a claim under any such insurance policy, Operator will release, indemnify and defend the Indemnitees from any and all costs, charges, expenses, and lia licies City Council Page 12 14 — 18 12/7/2021 EXHIBIT 1 required pursuant to Section VIII hereof. C. The obligations described in this Section IX will not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity that would otherwise exist as to any Indemnitee. D. In all Claims against one or more Indemnitees by any employee of Operator, anyone directly or indirectly employed by Operator, or anyone for whose acts Operator may be liable, the indemnification obligation under this Section VIII will not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Operator under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. X ADDITIONAL TERMS AND CONDITIONS A. Laws, Rules, and Regulations. 1. Operator shall be licensed by the State of California and shall hold any and all other licenses or certifications required by state or local law or regulation. 2. Operator shall secure and pay for all permits and licenses required in the performance of Contractor's services. 3. Operator represents and covenants that neither it nor its employees and agents have offered or will offer, directly or indirectly, any illegal bribe, kickback, or other improper or illegal payment to any person. 4. Owner shall use its reasonable best efforts to advise Operator of all safety and health -related requirements and procedures concerning the Parking Facility and/or Project known to Owner, in writing, at the time of entering into this Agreement and periodically, as necessary, to assure that Operator is aware of any such hazardous conditions. However, Owner's failure to so advise Operator shall not lessen or excuse Operator's obligation to use due care and caution in the performance of Operator's Work. B. Independent Contractor. Operator will at all times be solely responsible for all means, methods, techniques, sequences, and procedures of the Services. Operator acknowledges and agrees that none of its agents, employees, or subcontractors will be, or be deemed to be, the agent, employee, or subcontractor of Owner for any purpose whatsoever, and that there is no intention to create an employer - employee relationship for any purpose whatsoever by this Agreement. Operator agrees that the Owner will have no duty, liability, or responsibility of any kind to or for the acts or omissions of Operator's agents, employees, or subcontractors. No employee of Operator will be entitled to any benefits of an employee of Owner, including without limitation the right to participate in any insurance, retirement, or other benefit plans of Owner. C. Harmony Clause. 1. Right to Award Contracts. It is understood and agreed that Owner may award contracts and employ ner's Page 13 City Council 14 — 19� 1 021 EXHIBIT 1 employees are members or nonmembers of any labor organization. 2. Labor Disputes. Operator agrees not to participate in or encourage any cessation of Work, which may occur as a result of a labor dispute. Should there be a work stoppage or shutdown which involves the participation of Operator's personnel, whether as a result of a dispute with Operator or due to third party actions involving informational or organizational picketing or picketing by any labor organization against any other employer, Operator agrees to take appropriate and prompt action to provide qualified personnel to perform the Work. In the event Operator is unable to provide said personnel, Owner may offset such expense incurred by Owner in providing the Work against monies currently owed or owed in the future to Operator. Operator agrees to take appropriate, prompt action to minimize delay by fully cooperating in the obtaining of injunctions, presentation of facts, furnishing witnesses and assisting in every reasonable way to eliminate any work stoppage or the effect of any work stoppage. 3. Harmonious Relations. Operator shall only employ labor for the Project or in connection with the Work capable of working harmoniously with all trades, crafts, and any other individuals associated with the Project. The Operator shall also use its best efforts to minimize the likelihood of any strike, work stoppage, or other labor disturbance. Operator shall comply with all requirements of OSHA and shall indemnify and hold the Owner and the Owner Parties harmless from any losses or damages it incurs that are caused by Operator's failure to comply with OSHA requirements. D. No Authority. Operator will not have the power or authority to bind or commit Owner in any manner. E. Prohibited Interests. Operator warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Operator, to solicit or secure this contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Operator, any fee, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For violation of this warranty, the City shall have the right to annul this contract without liability. 1. Operator agrees that, for the term of this Contract no member, officer, or employee of the City, or of a local public body during his/her employment for one (1) year thereafter, shall have any interest, direct or indirect, in this contract, or to any benefit arising thereof. 2. The employment by Operator of personnel on the City's payroll will not be permitted in the execution of this contract, even though such employment may be outside of the employee's regular working hours or on Saturdays, holidays, or vacation time; further, the employment by the Operator of personnel who have been on the City's payroll within one (1) year prior to the date of contract award, where such employment is caused by and/or dependent upon Operator securing this or related contract with the City, is also prohibited. F. Anti -Lobbying Provision. During the period between proposal/ sealed bid submission date and the contract award, proposers, including their agents and representatives, shall not directly discuss or promote their proposal with any member of the City of Santa Ana City Council or staff except in the course of City -Sponsored inquiries, briefings, interviews, or presentations, unless requested by the City. 1. This provision is not meant to preclude offerors from discussing other matters with City Council lly -1 erors, City Council 14 — 20 12/7/2021 Page 14 EXHIBIT 1 assure that contract decisions are made in public, and to protect the integrity of the RFP/Bid Evaluation process. Violation of this provision may result in rejection of the offeror's proposal. G. Payment of Taxes and Contributions: 1. Operator will pay any and all taxes and contributions assessed against Operator for Unemployment Insurance, Retirement Benefits, Pensions, and Annuities now imposed, or hereafter imposed by any governmental unit, that is measured by wages, salaries or other remuneration paid to persons employed by Operator in connection with the Services and this Agreement. 2. Operator hereby accepts and assumes exclusive liability and shall indemnify, protect, and hold harmless Owner from and against the payment of all sales, use, personal property, and any other taxes (including interest and penalties thereon) required by any Federal, State, County, Municipal or other law, to be paid or collected by the Operator or any of its subcontractors or vendors, or any other person or persons acting for, through or under Operator, or any of them, by reason of the performance of services hereunder, or the acquisition, ownership, furnishing or use of any materials, equipment, supplies, labor, services or other items, for and in connection with the services to be performed by Operator hereunder. H. Right to Audit and Records Retention: Upon reasonable notice to Operator, Owner or its designee will have reasonable access during regular business hours of the Parking Facilities to all books, accounts, record, reports, minutes, files pertaining to the operation, maintenance, and repair of the Parking Facilities for the purpose of making reasonable spot checks, observations, surveys, audits, examinations, excerpts, and/or transcripts. 1. Operator will retain all books, accounts, records, daily cash receipts (tickets, cash register tapes, cashier reports, etc.), monthly parking and validation sales logs, reports, payroll and timecards, minutes, files, and other pertinent data for a minimum period of five (5) years after the end of each particular year to which such items pertain unless authorization to remove the records sooner is granted in writing by the Owner. 2. Upon reasonable notice to Operator, Owner's designee may examine any of Operator's records relating to the management and operation of the Parking Facilities and will have the right to audit the same at any time during the Term of this Agreement and for a period of five (5) years after the termination or expiration of this Agreement at the location within Orange County where such records are stored during normal business hours. However, Owner's audit rights shall not include the right to audit the makeup of fixed price costs or fixed rates agreed upon by Owner. The cost of any such audit will be borne by Owner unless such audit discloses an error or inaccuracy in favor of Operator in excess of five percent (5%) of stated income or expense, in which case Operator will pay for the cost of such audit. Additionally, interest (at 8%) on the amount disclosed in the audit, plus an administrative fee at $100 per hour will be applied. Any adjustment in amounts due or owing by either Owner or Operator will be paid within fifteen (15) days following receipt of the audit report. The provisions of this Paragraph will survive the expiration or termination of this Agreement. 3. Operator will account for all tickets issued on a monthly basis as part of the monthly operating statement. Missing tickets deemed to be outside of the acceptable range (2%), as solely determined by Owner, will be assessed against the Operator's monthly management fee at a rate of the daily maximum value of each missing ticket. City Council Page 15 14 — 21 12/7/2021 EXHIBIT 1 4. If Owner disputes any expense item of reimbursable cost, Owner shall give Operator written notice specifying the item disputed and the reason. Payment for any items of expense or reimbursable costs which are not disputed shall not be withheld. The parties shall, in good faith diligently pursue resolution of any disputed item within (30) days of said notice. Confidentiality of Owner's Records: Operator acknowledges that certain information disclosed by Owner to Operator for purposes of performing Work, or which comes to the attention of Operator during the course of performing such Work, constitutes a valuable asset of and is proprietary to Owner. Operator also acknowledges that Owner, as a party in the business community, may have fiduciary responsibilities to its tenants or customers to keep tenants' and customers' records confidential and proprietary. Operator shall not disclose any information designated by Owner as confidential or knowingly permit its employees, officers, or agents to disclose said information to any person or entity not having a specific need to know as required in performance of Work authorized by Owner. Operator further agrees to instruct its employees, officers, and agents not to sell, lease, assign, transfer, or reveal to any organization, company, or individuals any said information, whether oral or written, without prior written consent of Owner, and agrees to take all reasonable steps necessary to ensure fulfillment of this obligation. In the event that a subpoena or other legal process is served upon Operator that in any way concerns information disclosed by Owner to Operator, Operator agrees to notify Owner immediately upon receipt of such subpoena or other legal process and shall cooperate with Owner at Owner's expense, in any lawful effort by Owner to contest the legal validity of such subpoena or other legal process. Hazardous Waste and Improvements: Operatorwill not commit or suffer any waste or hazardous materials, in the Parking Facilities, except for such cleaning agents and other solvents (including oil absorbent) that are customarily used in the maintenance and operation of facilities similar to the Parking Facilities and/or customarily incident to the operation of such facilities (such as vehicle exhaust and other emissions and incidental fuel and/or other fluid leakage (collectively, the "Permitted Substances"), and provided that Operator handles and stores all such Permitted Substances in a responsible manner in accordance with any applicable laws. For purposes of this Agreement, "Hazardous Materials" are those listed in Division 4, Chapter 30, Article 9 of Title 22, California Administrative Code, or those that meet the toxicity, reactivity, corrosivity, or flammability criteria of Article 11 of the above code, or any other contaminants, pollutants, toxic substances, or related materials that pose a hazard to health or the environment. K. Surrender: Upon expiration of the Term of this Agreement by lapse of time or otherwise, Operator agrees that it will immediately surrender to Owner the Parking Facilities, together with all improvements and appurtenances in connection therewith, in good condition, reasonable wear and tear and damage beyond the control of Operator excepted. Nothing contained herein will prohibit Operator upon termination of this Agreement by lapse of time or otherwise from removing its personal property from the Parking Facilities (unless Owner has paid for such property), provided that Operator repairs any damage that may be caused to the Parking Facilities by such removal. Upon termination of this Agreement by lapse of time or otherwise, all Parking Control Equipment will continue to be the property of Owner. L. No Waiver, etc., by Owner or Operator: Failure by Owner or Operator to exercise any right, power, or remedy upon a breach of any term of this Agreement or the receipt by Owner or Operator of any full or partial payment of money or any other consideration payable hereunder during the continuance of any such breach will not constitute a waiver of such breach. Nor will any such failure or acceptance of money by the Owner or Operator waive Owner's or Operator's respective rights with respect to any other or subsequent breach. M. O ' y ounce 14 — 2`2 12/7/202 rator Page 16 EXHIBIT 1 provided in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise will be cumulative and concurrent and will be in addition to every other right power or remedy provided in this Agreement or now or hereafter existing at law or in equity, or by statute, or otherwise. The exercise by Operator or Owner of any one or more of the rights, powers, or remedies existing in this Agreement, or at law or in equity, or by statute, or otherwise, will not preclude the simultaneous or later exercise by the other party of any or all such other rights, powers, or remedies. N. Acceptance of Surrender: No modification, termination, or surrender of this Agreement or surrender of the Parking Facilities and/or any or all of the improvements thereon, or any part thereof, or of any interest therein by Operator will be valid or effective unless agreed to and accepted in writing by the Owner. No act by any representative or agent of Owner other than the execution of a written agreement by Owner will constitute an acceptance thereof. O. Force Maieure Delay in Performance for Causes Beyond Control of Party: In addition to any other specific provisions of this Agreement, performance by either party hereunder will not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock -outs, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priorities, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplier, acts of the other party, acts or failure to act of any public or governmental agency or entity of any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. P. Liens and Encumbrances: Operator agrees to protect Owner from all liens for payment of labor performed, materials supplied or used by Operator and/or other persons in connection with the services undertaken by Operator hereunder, and shall not at any time during the term of this Agreement suffer or permit any lien, attachment or encumbrance to be imposed by any person, firm or corporation upon the Parking Facility and/or Project, as applicable or any improvements thereon, by reason of any claim or demand against Operator. Q. Budget: On or before ninety days prior to each March 31 during the Term of this Agreement, Operator will submit to Owner a budget projection (the "Budget") for the ensuing fiscal year (Exhibit C), covering the next July 1 through June 30 period. The Budget will include a detailed projection of gross revenues and operating expenses. Each such proposed Budget, prior to adoption and implementation by Operator, will require the written approval of Owner. Any Budget so approved by Owner will become the Budget for the ensuing fiscal year and will form the basis on which Operating Expenses are incurred in that fiscal year. The Budget for any fiscal year may only be amended in writing, subject to the written approval of Owner. All expenses will be charged to the proper category in the Budget, and no expenses may be classified or reclassified for the purpose of avoiding an excess in the budgeted amount of a category. Owner reserves the right to revoke its approval of any budgeted item at any time upon thirty (30) days' written notice. Upon receipt of written notice of such revocation, Operator will not thereafter cause expenditure to be made or a liability incurred for such item. In this latter regard, all employment contracts, if any, entered into by Operator at Owner's expense will be on a week -to -week basis and no supply or service contracts that provide for the supply of equipment, merchandise, or other services over a period of time that exceeds one (1) month will be entered into without Owner's prior written approval of same. Equipment and Improvements: Operator may, with Owner's prior written approval, purchase and have installed equipment or improvements that the parties agree should be installed as part of the operational requirements for the Parking Facilities. Before the approval process, Operator will procure competitive pri Ci y CounYil 14 23 12/7/2021 nsive Page 17 EXHIBIT 1 fashion complete with Operator's recommendations and submitted to Owner for review. The Owner in its sole discretion may grant, deny, or condition approval of the proposed equipment or improvement. Title to equipment and improvements so purchased and installed by Operator will vest in Owner upon installation, subject to reimbursement. The total cost thereof (including delivery and installation costs and taxes) will be reimbursed to Operator by Owner within thirty (30) days after receipt of Operator's statement showing the description and cost of each site. 1. Replacement of Equipment: Operator will immediately notify Owner if any equipment or device in the Parking Facilities requires repair or replacement. If any equipment requires replacement, Operator will obtain three (3) bids for the replacement equipment. Operator will request and obtain Owner's approval in writing before replacing the equipment in accordance with the Scope of Services. S. Patents and Trademarks. Operator represents that it is the owner of, or fully authorized to use, any and all services, processes, machines, articles, marks, names, or slogans used by it in the Parking Facilities. T. Choice of Law. The rights and duties arising under this Agreement will be governed by the internal laws of the State of California without regard to its choice of law rules. Any claim or dispute between the parties under or in connection with this Agreement will be filed and heard in the Superior Court of California in and for Orange County. The parties hereby consent to personal jurisdiction of the Orange County Superior Court. U. Assignment. Owner will have the right to assign this Agreement without the prior written consent of Operator, but shall provide Operator with no less than thirty (30) days' written notice of such assignment. Operator, however, will not assign or transfer this Agreement or its right, title, or interest herein without the prior written consent of Owner, provided, however, that transfer or assignment by Operator to a direct or indirect subsidiary of ABM Industries Incorporated shall be permitted. A sale, merger, or other transaction or series of transactions that result in the transfer of 50% or more of the outstanding voting equity interests of Operator will constitute an assignment requiring the prior written consent of Owner for purposes of this Agreement. V. Transfers. If all or any portion of the Project is at any time sold or otherwise conveyed to a new Owner, and Owner does not elect to terminate this Agreement effective concurrently with the conveyance of all or a portion of the Project, Operator agrees that this Agreement shall be deemed assigned to the new Owner as of the effective date of such sale or other conveyance, and Owner shall be released from any further obligations with respect to the payments of any sums due under the terms of this Agreement after the effective date of assignment. W. Attorneys Fees. Should either party bring suit to enforce any of the terms of this Agreement, the prevailing party will be entitled to reimbursement by the issuing party of its reasonable attorney's fees and legal expenses. X. Taxpayer Identification Number. Operator shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. Y. Applicable Laws, Codes, and Regulations. Operator shall perform all work in accordance with all applicable laws, codes, and regulations required by all authorities having jurisdiction over such work. Z. Modification of Agreement. This Agreement may not be modified, nor may any of the terms, provisions, or Y ll City Council 14 24 12/7/2 21 a Page 18 EXHIBIT 1 parties hereto, or as referenced elsewhere in this Agreement. AA. Integrated Agreement. This Agreement represents the entire Agreement between City and Operator regarding the subject matter hereof and constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to the subject matter. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. BB. Nondiscrimination in Employment. Operator will not discriminate against any employee or applicant for employment because of race, color, religion, creed, national origin, ancestry, disability, actual or perceived, medical condition, age, marital status, gender, gender identity, sex, sexual orientation, Acquired Immune Deficiency Syndrome. (AIDS), actual or perceived, or retaliation for having filed a discrimination complaint ("Nondiscrimination Factors"). Operator will take affirmative steps to ensure that applicants are employed by Operator, and that its employees are treated without regard to the Nondiscrimination Factors during employment including, but not limited to, activities of: upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation (including without limitation bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension or retirement benefits, and travel benefits); and selection fortraining, including apprenticeship. Operator agrees to post in conspicuous places, available to its employees and applicants for employment, the applicable nondiscrimination clause set forth herein. The parties hereby incorporate the requirements of 41 C.F.R. §§ 60-1.4(a)(7), 29 C.F.R. Part 471, Appendix A to Subpart A, 41 C.F.R. § 60-300.S(a) and 41 C.F.R. § 60-741.S(a), if applicable. This contractor and subcontractor shall abide by the requirements of 41 C.F.R. §§§ 60-1.4, 60-300.S(a) and 41 C.F.R. § 60-741.S(a). These regulations prohibit discrimination against qualified minorities, women, protected veterans, and qualified individuals on the basis of disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified minorities and women, protected veterans, and qualified individuals with disabilities. Operator will ensure that its solicitations or advertisements for employment are in compliance with the aforementioned nondiscrimination factors; and Operator will cause theforegoing provisions to be inserted in all subcontracts it may enter in connection with its performance of Services. CC. Entire Contract: This Agreement, including Exhibits A through E, constitutes the entire agreement between the parties hereto. This Agreement is not subject to modification, except in writing, and contains the entire agreement of the parties with respect to the matters covered by this Agreement and no other agreement, statement, or promise made by any party, or to any employee, officer, agent of any party, that is not contained in this Agreement will be binding or valid. DD. Effective Date. The effective date of this Agreement is the date it is signed on behalf of City. This Agreement shall remain in full force and effect until amended or terminated; provided that the indemnification and hold harmless provisions shall survive the termination. EE. Headings. The titles of paragraphs of this Agreement are inserted herein as a matter of convenience, and for reference only, they in no way define, limit, or describe the scope of this Agreement, or the intent of any provision hereof, and are not to be considered in construing the provisions of this Agreement. City Council Page 19 14 — 25 12/7/2021 EXHIBIT 1 FF. Agreement. It is understood that there are no oral agreements or representations between the parties hereto affecting this Agreement, and this Agreement and any Exhibits attached hereto supersede and cancel any and all previous negotiations, arrangements or representations and understandings, if any, between the parties hereto. There are no representations or warranties between the parties except as expressly set forth in this Agreement and all reliance with respect to same is solely upon the representations and agreements contained in this Agreement. GG.Time is of Essence. Time is of the essence in this Agreement and each and every provision hereof. All the terms, covenants and conditions contained in this Agreement to be performed by either party, if such party shall consist of more than one person or organization, shall be deemed to be joint and several, and all rights and remedies of the parties shall be cumulative and non-exclusive of any other remedy at law or in equity. HH. Words and Symbols. Whenever the words and symbols "and/or" are used in this Agreement, it is intended that this Agreement by interpreted and the sentence, phrase, or other part be considered in both its conjunctive and disjunctive sense, and as having been written twice, once with the word "and" inserted, and once with the word "or" inserted, in the place of said words and symbol "and/or." II. Gender. Words of any gender used herein shall include any other gender and singular words include the plural and vice versa, and references to a "person" or "party" includes persons, firms and corporations, and other types of entities or organizations unless in each case, the sense otherwise requires. The term "Owner," as used herein, means only the Owner for the time being of the Buildings, the Parking Facility, and/or Project, as applicable, to which this Agreement relates. JJ. Language Inclusive. The use of the word "including," when followed by any general statement, term, or matter, will not be construed to limit such statement, term, or matter to the specific items or matters set forth immediately following such word or to similar items or matters, but rather will be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term, or matter. KK. Advertising. Operator shall not use Owner's name or refer to Owner directly or indirectly in any advertisement, or any release to any professional or trade publication, without receiving the Owner's express prior written approval for such use or release, which approval may be withheld in Owner's sole discretion. ILL. Examination. Operator acknowledges that prior to the execution of this Agreement, Operator has, to the extent reasonably feasible, made sufficient examination and tests to determine the difficulties and hazards to the performance of Work, whether arising from the location or condition of the Project, proximity to adjacent facilities, equipment, tanks, buildings, and other structures or otherwise, and has determined to Operator's satisfaction the nature and extent of all difficulties and hazards. MM. Resolution of Disputes. If a dispute arises between Owner, on the one hand, and Operator, on the other, the Owner and Operator shall continue to perform their obligations under this Agreement. If the dispute relates to non-performance on the part of the Operator, Owner may withhold fees representing the estimated cost of the disputed item due to the Operator until such time as the dispute is settled. Furthermore, in connection with such dispute, the parties shall immediately attempt in good faith to settle the same by negotiation. If such negotiation does not result in a prompt agreement between Owner, on the one hand, and the Operator, on the other, the items of dispute shall, if necessary, be settled b rwise City Council 14 — 26 12/7/2021 Page 20 EXHIBIT 1 agreed to in writing between the Operator and Owner, during all disputes, actions, claims, or other matters arising out of or relating to this Agreement or the breach thereof, the Operator shall perform the Work to be provided by Operator hereunder and shall comply with the schedule as it related to such Work. NN.Performance by Owner. If Operator shall default in the performance of any term or covenant on Operator's part to be performed under or in connection with this Agreement, and Operator shall not have cured such default within the time periods specified in Section 5, Owner may, but without obligation so to do, immediately or at any time thereafter, perform the same for the account of and at the reasonable cost of Operator. OO.Severability. If any provision of this Agreement shall be invalid or unenforceable either in its entirety or by virtue of its scope or application to any given circumstance(s), such provision shall be deemed modified to the extent necessary to render the same valid, or as not applicable to given circumstance(s), such provision shall be deemed modified to the extent necessary to render the same valid, or as not applicable to given circumstance(s, or to be excised from this Agreement, as the situation may require, and this Agreement shall be construed and enforced as if such provision had been included herein as so modified in scope or application, or had not been included herein, as the case may be, it being the stated intention of the parties that had they known of such invalidity or unenforceability at the time of entering into this Agreement, they would have, nevertheless, contracted upon the terms contained herein, either excluding such provisions, or including such provisions only to the maximum scope and application permitted by law, as the case may be. PP. Signature Authority. Each undersigned represents and warrants that its signature herein below has the power, authority, and right to bond their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the vent that such authority or power is not, in fact, held by the signatory or is withdrawn. {Signatures on following page} City Council Page 21 14 — 27 12/7/2021 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ryan O. Hqqdge(j Assistanity Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager OPERATOR City Council 14 — 28 12/7/2021 Page22 EXHIBIT 1 EXHIBIT A SCOPE OF WORK PARKING FACILITIES MANAGEMENT AGREEMENT City of Santa Ana, CA The Parking Operator will be responsible for performing the following duties and responsibilities under the stated guidelines and procedures as listed below: A. General Duties During the hours of operation established byOwnerforthe Parking Facilities, Operatorwill manage, operate, direct, and supervise a first-class parking operation throughout the Base Period and any Option Periods. Services to be provided by Operator in connection therewith will include without limitation the following: 1. Management and operation of the Parking Facilities (Exhibit B), including supervision of the parking and circulation of vehicles inside the Parking Facilities, and administration and monitoring of access control credential use. 2. Collection of and accounting for all cash and other payments from any source derived from the use of the Parking Facilities, including sums payable with respect to daily and monthly parking fees and outside contracts. 3. Operation and maintenance of the Parking Access and Revenue Control System (PARCS) equipment installed at the Parking Facilities, and coordination with the PARCS vendor. 4. Employment of such parking attendants and other personnel for the management and operation of the Parking Facilities in a first-class manner. 5. Management of event parking and validation sales. 6. Valet assist parking services when required, and as specified. 7. Maintenance of accounting records of all income and expenses related to the management and operation of the Parking Facilities. 8. Maintenance of Electric Vehicle Charging Stations (EVCS) by coordinating with the Electric Vehicle service provider. 9. General maintenance, janitorial services, and landscaping services, as described herein and as part of the Operations and Maintenance Plan, to ensure the Parking Facilities are representative of first-class parking facilities. 10. Coordinate with the selected vendor for implementation and maintenance of mobile payment applications. 11. Coordination with City of Santa Ana's Parking Services Enforcement efforts in the Facilities on a daily basis. The City is currently contracted with Serco to provide these services. 12. Ongoing consultation with Owner on matters relating to the management and operation of the Parking Facilities, including providing Owner with recommendations regarding how to increase the efficiency and lower the cost of parking operations, as well as transportation demand management. B. Operator will be responsible for implementing any and all decisions of Owner, upon its request, and for initiating and taking such actions (not inconsistent with this Agreement) in the management and administration of the Parking Facilities in order to achieve the first-class standard of operations, maximum efficiency, and overall success of the Parking Facilities for the benefit of Owner. C. Use of Parking Facilities Operator will manage, operate, and maintain the Facilities as a parking facility for vehicles in accordance with guidelines set forth by Owner. Operator will not use the Facilities for purposes other th rs for City Counci A-1 14 — 29 12/7/2021 EXHIBIT 1 supplementary and complementary uses, including other revenue -generating activities, at Owner's sole discretion. D. Parking Spaces Operator will offer covenanted parking spaces at rates established by Owner. Operator will provide monthly reporting to Owner on waiting lists for monthly parking passes and occupancy rates to determine whether a price reset is in order. E. Additions and Deletions F G I Owner will have the right during the Term to modify the Facilities on a temporary or permanent basis for any reason including, but not limited to the following: a. To provide additional parking spaces. b. To repair one or more sections of the Facilities. c. To increase the number of spaces available for parking by acquisition or devotion of additional land, redesign, restriping, or otherwise. d. To decrease the number of spaces or close the Facilities for any purpose. e. To convert all or part of the Facilities to another use. Operator will work with Owner to accommodate these changes in its operation of the Facilities. Operator will also update the general Operation and Maintenance Plan (Exhibit E) to accommodate any permanent changes; the revised general Operation and Maintenance Plan will be subject to written approval by Owner. Parking Fees The parking fees charged by Operator will be determined and regulated solely by Owner, with recommendations from Operator. Operator will provide a Market Survey and Analysis of parking rates at competing facilities to Owner for review on an annual basis throughout the Base Period and any Option Periods. The analysis will include the daily and monthly fees charged at the competing locations, as well as any recommended rate changes prescribed by Operator and the supporting rationale for the recommended changes. Operator will collect parking fees in accordance with the approved fee structure. Collection of parking fees not in conformance with the approved rates will constitute a breach of contract and may result in immediate termination of the Agreement. Hours of Operation The Owner may revise the hours of operation from time to time. Unless otherwise notified, the hours of operation will be as indicated in Exhibit D. Staffing 1. Operator will provide sufficient and appropriate staffing to perform the Services in accordance with the first-class standard required by this Agreement. 2. Upon commencement of the Agreement, Operator shall provide the Owner, for the Owner's approval, a staffing plan for each Facility and for special events and valet assist as needed. The staffing plan shall clearly define the number of proposed employees and corresponding work schedules by Facility. 3. Operator's designated General Manager will maintain responsibility for oversight of the operation, with no other duties outside of the operation, and will remain on -site, acting as the single point of contact between Owner and Operator during the Term and any extensions thereof. Operator will also provide Owner with pertinent contact information for a minimum of one local staff member that will be available 24 hours per day, 7 days per week for emergency and operational needs. 4. All on -site staff members will be trained in daily operations as well as in customer service. Operator and its staff will conduct themselves in a helpful, courteous manner toward Owner and its customers at all times. 5. Operator and its sub -contractors will comply with all Owner's standards and requirements for Necks City Council 14 — 3 12/7/2021 A-2 EXHIBIT 1 on each employee of the Parking Facilities. Owner reserves the right to require Operator to provide customer service training to its on -site personnel, to provide additional or alternative personnel, or to modify its operating procedures if, in the sole discretion of Owner, Operator's management of the Parking Facilities is not commensurate with the first class standard required by this Agreement or if Operator's management creates congestion, interferes with traffic circulation or causes material inconvenience for event, daily and/or monthly customers. 6. Parking Facilities employees will be required to wear uniforms approved by Owner and to wear name tags or badges that clearly state the company name and the staff person's name. 7. Owner retains final approval of Operator's staff assigned to subject's Parking Facilities and may ask for staff to be reassigned based on performance or other basis. I. Employee Training and Development. Operator shall provide a formal training program for all new hires to develop their skills and abilities for achieving quality work performance. The program should involve both classroom and field instruction. Operator's training program shall include, but not be limited to, specific position training, parking, and valet training, reporting procedures, driving and safety standards, professional conduct, auditing and reporting requirements, customer service and effective communication techniques, dispute handling, emergency and safety procedures, and security measures. Operator shall provide refresher -training courses to existing employees annually and submit a copy of their proposed Training Program to the Owner for review and approval. 1. Operator shall ensure that all its employees performing work under this Agreement train fully for their duties and shall establish a formal, written employee -training program ("Employee Training Program"), which shall include training in specific job duties, training in customer service, and other training as outlined in this document. 2. Operator shall submit the entire Employee Training Program to the Owner for review and the Owner may disapprove the Employee Training Program if it finds that it is insufficient to assure the quality of service required under the Agreement. Operator shall review the Employee Training Program annually and submit to the Owner for review and approval. 3. Operator shall ensure that each employee receives at least 2 hours of formal customer service training per year and that all employees having contact with the public are trained to give accurate information about the services provided by the Operator. Operator shall train all employees to provide basic and accurate directions to resources on Owner property and other nearby locations. The Owner may require Operator's employees to attend training provided by the Owner. Operator shall maintain up-to-date training records for each employee and shall make those records available to the Owner upon the Owner's request. J. Valet Services 1. Operator will offer first-class valet assist parking services for Parking Facilities on an as needed basis, and for special events, as requested by Owner. Currently, there is not a need to conduct a valet assist operation. However, this need may arise in the future. The Operator will be required to provide staffing and oversight of valet assist services when needed and/or requested. Operator shall provide and supervise supplementary staff as needed in addition to that provided in the staffing plan. While this requirement may occur with or without prior notice, the Owner will strive to provide as much advanced notice as possible to the Operator. a. Subject to Owner's approval, the maximum rate that may be charged by Operator for valet assist parking will be either (1) the comparable market rate being charged for valet parking at comparable facilities; or (2) the applicable validated parking rate at the Parking Facilities plus a proportionate share of the cost for operating the valet parking program (which proportionate cost will equal the reasonably estimated incremental cost per vehicle City Council 14 — 3 12/7/ 21 ed by A-3 EXHIBIT 1 the Owner prior to any valet assist parking operations. K. Outside Contracts Operator agrees that if any related entity or subsidiary of Operator is contracted to provide valet parking services for any entity (i.e. hotel, restaurant, or front door) in the vicinity of the Parking Facilities during the Term of the Agreement ("Outside Contracts"), Operator will promptly discuss such Outside Contracts with Owner and, at Owner's request, will make every effort to store vehicles related to said Outside Contracts within the Parking Facilities for a mutually agreed upon daily fee proposed by Operator and approved by Owner. Operator will provide Owner with a copy of all agreements governing said Outside Contracts and all revenue generated for the Parking Facilities from the storage of Outside Contract vehicles will be itemized and included on the monthly operating statement provided to Owner. If Operator fails to comply with the terms and conditions of this Section, Operator will remit as liquidated damages to the Owner, an amount equal to three (3) times the lost revenue resulting from failure to comply. L. Marketing: Operator will be responsible for providing marketing material at Owner's discretion. M. Collection and Handling of Revenue 1. Collect Parking Revenues: Operator will collect all revenue and receipts generated from Parking Facilities operations and/or received by Operator in connection with its operation of the Parking Facilities, including but not limited to parking fees collected by Operator from the daily or monthly parking of vehicles, special events, valet receipts, parking permit revenue, and all other funds or revenue received by Operator in connection with its operation of the Parking Facilities ("Gross Revenue"). 2. Collect All Applicable Taxes: Operator will determine, collect, and pay the City Parking Tax and all other applicable taxes that may be imposed by law. 3. Revenue/Expenditure Control: Operator will utilize the revenue control system provided by the Owner. 4. Operator Responsibility for Receipts/Revenues: Gross Revenue will become, immediately upon collection and receipt thereof, the property of Owner. Operator will be responsible for and will hold all Gross Revenue in trust for the benefit of Owner. On a monthly basis, Operator shall use the parking revenue generated to collect its Management Fee and Operating Expenses Reimbursements. Operator shall then submit payments to Owner for the remaining net income generated on a monthly basis. Operator shall also provide monthly reports and supporting documentation to Owner reflecting gross revenues collected by Operator and total operating expenses incurred by Operator. 5. Bank Account: Operator will supply a bank account for Operator to deposit all Gross Revenue derived in connection with the operation and management of the Parking Facilities/Operations. Operator will deposit revenue immediately. Operator shall deposit daily into the account, no later than the next business day following receipt, all gross revenues collected. If an armored transport service is utilized, Operator shall provide daily pick up of deposits on the next business day following receipt of gross revenues. Under no circumstances will Operator permit funds collected to be taken anywhere off -site by any employee. Operator will follow all other procedures established by Owner for depositing daily cash receipts. City Council A-4 14 — 32 12/7/2021 EXHIBIT 1 Until such monies or other things of value have been deposited into the City's account and verified by the bank in accordance with this Agreement, Operator bears all risk of loss, therefore, including, but not limited to, damage, destruction, disappearance, theft, fraud, or any dishonest, or unlawful act, or other hazard, irrespective of location caused by Operator's employees or any other person or entity within Operator's control. Should such an event or act occur, Operator shall immediately notify the City's Deputy Community Development Director/Economic Development Manager and the Santa Ana Police Department, and Operator shall prepare a report of such incident. Operator shall notify the City of any operational changes deemed necessary by Operator to safeguard the City's monies or things of value. Operator will retain copies of daily bank -endorsed deposit slips for the above deposits for a period of not less than three (3) years from the date each deposit is made. Operator will follow all other procedures established by Owner for depositing daily cash/credit card receipts. N. Accounting and Reporting 1. Monthly Statements: a. Monthly Reports/Statements: Operator will provide to Owner monthly statements that provide a summary of all Gross Revenue and Operating Expenses (the "Monthly Statements"). The Monthly Statements will be due on or before the fifteenth (151") calendar day of the next succeeding month. The Monthly Statements will include a detailed report of the Gross Revenue collected as one report. As a separate report, with a separate invoice, Operator will provide a statement of the Management Fee earned and the corresponding invoice. As another separate report with a separate invoice, the operator will provide the Operating Expenses incurred during the preceding month. Owner reserves the right to change the monthly reporting requirements at any time. Original invoices showing amount owed and reason for expenditures must be provided for all reimbursable expenses. The Monthly Statements will also include the following items: i. The number of monthly and daily parkers and associated revenue, by Parking Facility. ii. A detailed monthly statement showing budget versus actual expenses and including a variance report with explanations of any budget variables. All expenses must have original invoice/billing documentation showing a clear explanation of purchase. Detailed payroll and benefits records are required as part of this packet. iii. Lot occupancy reports, by Parking Facility. iv. Detailed under/overcharge report, shortage/overage report, and uncollectable report showing line items and total amounts and included on monthly statement as a line item to be reimbursed to City. v. A schedule of on -site employee positions and shifts scheduled in the direct management of the operations. The staffing schedule will include the number of employees and employee names, scheduled hours and lot, job titles, hourly wage rates, and salaries. vi. A full and detailed payroll report including employee name, rate of pay, hours worked, overtime, sick/PTO pay, holiday pay (or any other type of pay) benefits, taxes, and all other hours and payments as well as accruals and any other types of payroll related information related to operations. vii. Any special event related reports and invoices. viii. Special Events summary. City Council A-5 14 — 33 12/7/2021 EXHIBIT 1 ix. Any unusual incidents occurring at the parking and valet operations, such as accidents, security problems, damage to vehicles, or any incident in which a police/security report is taken, etc. x. Customer comments or complaints and resolution. xi. Personal injuries. xii. Significant personnel changes and other situations of which Owner should reasonably be aware. xiii. Operator will also submit to Owner various management reports deemed necessary by Owner. xiv. Any applicable reporting for the security cameras, including if there are incidents or repairs necessary. xv. Any applicable reporting for the APGS, including if there are incidents or repairs necessary. xvi. Operator will also provide other monthly reports as required for maintenance, accident, and other incidents or occurrences as may be required by Owner. xvii. Operator will submit a detailed list of accounts receivable, keycard audit, and approved no charge monthly accounts. b. Compensation Due: Should operation of provided services begin on a date other than the first of the month, the compensation due to Owner will be prorated, based on a thirty (30) day month for the first month. Compensation due to Owner from Operator will thereafter be payable on or before the 151" (fifteenth) calendar day of each month following the applicable month of operation. i. Losses: Operator will assume all responsibility and reimburse City for any losses that may result from its acceptance of counterfeit bills, or other forms of payment for parking or any other types of charges or fees when such payments are returned or rejected. Operator must also reimburse the City for missing tickets at the daily max rate. ii. On -Site Operating Costs: Operator will administer payment of all on -site operating costs for the Parking Facilities. Owner will reimburse Operator for Operating Expenses incurred by Operator as described in this Agreement. However, Owner will not reimburse Operator for any costs or expenses incurred by Operator not covered in this agreement, or that do not have detailed original invoices clearly showing purchase item and amount. c. Operator will also submit to Owner a detailed list of accounts receivable and no -charge monthly accounts for the month, along with various management reports reasonably deemed necessary by Owner. 2. Invoice: On a monthly basis, Operator shall use the parking revenue generated to collect its Management Fee and Operating Expenses Reimbursements. Operator shall then submit payments to Owner for the remaining net income generated on a monthly basis. Operator shall also provide monthly reports and supporting documentation to Owner reflecting gross revenues collected by Operator and total operating expenses incurred by Operator. If Operator's expenses exceed the income generated for any given month, Operator will submit an invoice, payable net 45 days. City Council A-6 14 — 34 12/7/2021 EXHIBIT 1 O. General Facilities Maintenance: Operator will be responsible for all physical upkeep of the Parking Facilities and parking related equipment and will maintain the Parking Facilities in a neat, clean, safe, and sanitary condition, to the satisfaction of Owner. Operator will maintain any improvements made to the Parking Facilities, including but not limited to the PARCS equipment, signage, etc. However, Operator will not be required to maintain Restricted Areas. Ongoing maintenance will consist of the following types of activities (the full list of activities is included in the Operations and Maintenance Plan Exhibit E): 1. Maintain (sweep and mop) daily the common area exits, elevator cabs and lobbies, and stairways from all parking levels. 2. Maintain (clear debris, trim trees, water) daily any enclosed garden areas. 3. Empty daily trash containers located throughout the Parking Facilities 4. Remove graffiti from throughout the Parking Facilities as needed and within two hours of any incident. 5. Maintain the paint quality as needed on walls, floors, and ceilings on each of the three parking levels. 6. Pay for annual or as needed degreasing and re -striping for each of the Parking Facilities 7. Maintain office space and restrooms located in the Parking Facilities in a neat, clean, safe, and sanitary condition, satisfactory to Owner. 8. Maintain in good condition all parking equipment provided by Owner. 9. And other duties as assigned. All maintenance services provided by Operator will be subject to Owner review, inspection, and verification of any and all activities and reporting requirements at any time without notice. P. Customer Complaints: Operator will have a methodology for handling customer complaints and reporting the nature and reasonable disposition of all complaints to Owner. Contact information for handling customer complaints and questions will be posted in clear view within the Parking Facilities and in the designated Parking Office, subject to Owner's approval of the form and placement of all signage. At Owner's discretion, Operator may be required to train staff on use of Owner's customer relationship management software. In any case, prompt response to complaints and documentation of respondent activity is required at all times. Q. Immediate Notice: In addition to reporting all of the following incidents on the Monthly Statements: 1. Operator will immediately notify Owner by phone and email of any serious or unusual conditions, occupational injury or illness, employee exposure to hazardous substances, vehicle accidents, property damage, theft, flood, fire, or environmental spills or releases related to the Services. Operator will provide a written incident report and will furnish Owner with copies of any police after City Council 4 — 35 1 / /2021 A-7 EXHIBIT 1 such incident. Owner reserves the right to review incident investigations by Operator and/or to perform its own investigations, for the sole purpose of verifying facts, protecting Owner personnel and property, and limiting Owner's liability. 2. Operator will supply Owner with a copy of all notices that it receives from any public authority or agency concerning the Parking Facilities immediately after receipt thereof by Operator (or immediately if such notice requests action by Owner or Operator within a period of fewer than 10 days). R. Audits: Operator will conduct supervisory field audits on a random and unannounced basis to verify that tickets issued and cash payments received tally. Copies of all internal audits will be provided to Owner. Internal audits will be conducted a minimum of once every month. S. Owner/Operator Meetings: Operator's management and staff will be available to meet with Owner at a mutually acceptable location and schedule to discuss problems and all other matters regarding the Parking Facilities as they arise. Operator's management and staff will be available to meet with Owner's staff at a regularly appointed time and location on a monthly basis. T. Parking Management Office: An office will be provided by the Owner for use by the Operator. Operator must outfit the provided office space with items that include but will not be limited to the following: 1. Furniture; personal computers and printers. 2. Telephones and facsimile machine/scanner. 3. Safe(s), photocopy machine. 4. Any other equipment and/or supplies needed to properly administer the operation of the Facilities. The Owner will not provide items for the parking management office. If overtime any items are supplied by the Owner, such items shall remain as property of the Owner upon termination of the Agreement. City Council A-8 14 — 36 12/7/2021 EXHIBIT 1 EXHIBIT B PARKING FACILITIES Existing Parking Facilities (± 1,892 spaces) Facility A contains approximately 430 spaces and is located at Third and Broadway (Garage A). Facility B contains approximately 648 spaces and is located at Fifth and Spurgeon (Garage B). Facility C contains approximately 396 spaces and is located at Third and Birch (Garage C). 4. Facility D contains approximately 364 spaces and is located at Fifth and Main (Garage D). 5. Surface Parking Lot contains approximately 54 spaces and is located at Third and Bush (Lot 1). City Council B 9 14 — 37 12/7/2021 EXHIBIT 1 EXHIBIT C BUDGET City Council 14 — 38 12/7/2021 C-1 Exhibit EXHIBIT 1 ABM Parking Operator 5 Year Budget Overview + Optional Year Budgets Downtown Santa Ana Parking Facilities: Space 1892+/- A reementYears 1-5 Estimate Expenses Projected Revenue Year 1 $ 1,059,540 $ 1,796,410 Year $ 1,112,517 $ 1,796,410 Year $ 1,168,143 $ 1,796,410 Year $ 1,226,550 $ 1,796,410 Year 5 $ 1,287,878 $ 1,796,410 Optional Years 6-10 if approved by the City) Estimate Expenses Projected Revenue Year 6 $ 1,352,272 $ 1,796,410 Year 7 $ 1,419,885 $ 1,796,410 Year $ 1,490,880 $ 1,796,410 Year 9 $ 1,565,424 $ 1,796,410 Year 10 $ 1,643,695 $ 1,796,410 Total Year 1-10 Estimate Expenses Year 1-10 Projected Revenue $13,326,785 $17,964,100 Important Note: The annual expenses are projected to start at $1,059,540.37 with a projected annual CPI increase of 5% (at the City's discretion and negotiation). The annual revenue is projected to be $1,796,410 and is programmed to cover the operational costs of the parking facilities and allocate funds for several deferred maintenance items and augmented services. Please note that expenses and revenue are projections and may fluctuate. City Council 14 — 39 12/7/2021 Exhibit C ABM (Parking Operator) Budget 2022 Year 1 Consoldated Budget EXHIBIT 1 Salaries and Wages (') Year One Consolodated Sub- Total - Staffinq Form C 1 $ 281,036.40 Sub -Total - Salaries and Wages $ 281,036.40 Payroll Tax & Fringe Benefits Payroll Taxes Health/Welfare/Benefits Workers' Compensation 11.4% 34.2% 9.5% $ $ $ 32,118.53 96,000.00 26,765.44 Sub -Total - Payroll Tax & Fringe Benefits $ 154,883.97 Total - Salaries, Tax, Fringe & Worker's Compensation $ 435,920.37 Other Expenses 401 K Plan $ 8,000.00 Bank/Credit Card Charges $ 80,000.00 Computer Cons $ 2,160.00 Drug screen/criminal $ 1,200.00 EDP &Accounting $ 27,190.00 Employee Relations $ 2,000.00 Forms & Printing $ 400.00 Gasoline Purchases $ 890.00 Hiring $ 1,000.00 Insurance - General Liability $ 16,542.00 Janitorial Services $ 86,200.00 Landscaping Services $ 5,748.00 Licenses & Permits $ 600.00 Materials & Supplies $ 14,400.00 Miscellaneous $ 2,520.00 Network Access Fee $ 1,380.00 Office Supplies $ 3,000.00 Postage $ 80.00 Repairs & Maintenance $ 23,200.00 Security Services $ 212,700.00 Signs TBD Telephone $ 20,600.00 Travel & Transportation $ 1,000.00 Uniforms/Laundry $ 3,900.00 Utilities $ 77,760.00 Sub- Total - Other Expenses $ 592,470.00 Management Fee* $ 18,000.00 i Incentive Fee $ Start-up Budget (3) - One-time Cost $ 1,000.00 Total Operating Expense Budget $ 1,059,540.37 Cost/Space $ 576.46 Notes: *First 3 months Mangement fee waived in year 1 Street legal golf cart: $510 per month (Lease) Optional - Spaces automation program for 3rd & Broadway garage $0.50 per monthly parker Power washing added to janitorial services, 2x per month, each garage 1 level power washed and all stairwells City Council 14 — 40 12/7/2021 Form A Operating Expense Budget AMMI :INS Form A - Year One Operating Expenses (Proposed) 1 - Garage A Spaces: 430 ABM Parking Services Salaries and Wages (1) Year One Sub- Total - Staffing Form C 1 $ 84,552.00 Sub -Total - Salaries and Waees I S 84.552.00 Payroll Tax & Fringe Benefits Payroll Taxes 12.0% $ 10,146.24 Health/Welfare/Benefits 60.3% $ 51,000.00 Workers' Compensation 10.0% $ 8,455.20 Sub -Total - Payroll Tax & Fringe Benefits 1 $ 69,601.44 Total - Salaries, Tax, Fringe & Worker's Compensation 1 $ 154,153.44 Other Expenses 401K Plan $ 3,500.00 Bank/Credit Card Charges $ 19,500.00 Computer Cons $ 540.00 Drug screen/criminal $ 300.00 EDP & Accounting $ 7,062.00 , Employee Relations $ 500.00 Forms & Printing $ 100.00 Gasoline Purchases $ 225.00 Hiring $ 250.00 Insurance - Automobile Liability $ - Insurance - Commercial General Liability $ - Insurance - Crime $ - Insurance - Employer's Liability $ - Insurance - General Liability $ 3,870.00 Janitorial Services $ 20,550.00 Landscaping Services $ 1,241.00 Licenses & Permits $ 150.00 Materials & Supplies $ 3,600,00 Miscellaneous $ 630.00 Network Access Fee $ 345.00 Office Supplies $ 750.00 Postage $ 20.00 Repairs & Maintenance $ 5,800.00 Security Services $ 256,290.00 Signs TBD Telephone $ 5,150.00 Travel & Transportation $ 250.00 Uniforms/Laundry $ 975.00 Utilities S' 19,440.00 Sub- Total - Other Expenses 1 $ 351,038.00 Management Fee 18,000.00 Incentive Fee $ - Start-up Budget s - One-time Cost $ 250.00 City ftWrQoHrating Expense Budget 14 — 41 1 $ 5P2Md2021 Cost/Space Form A 1 $ 1,224.630perating Expense Budget AMMI :INS Form A - Year One Operating Expenses (Proposed) 2 - Garage B T Spaces: 648 ABM Parking Services Salaries and Wages (1) Year One Sub- Total - Staffing Form C N/A Sub -Total - Salaries and Wages N/A Payroll Tax & Fringe Benefits Payroll Taxes N/A Health/Welfare/Benefits N/A Workers' Compensation N/A N/A N/A N/A Sub -Total - Payroll Tax & Fringe Benefits N/A Total - Salaries, Tax, Fringe & Worker's Compensation N/A Other Expenses 401K Plan $ Bank/Credit Card Charges $ 19,500.00 Computer Cons $ 540.00 Drug screen/criminal $ 300.00 EDP & Accounting $ 6,850.00 Employee Relations $ 500.00 Forms & Printing $ 100.00 Gasoline Purchases S 225.00 Hiring Insurance - Automobile Liability Insurance - Commercial General Liability Insurance - Crime Insurance - Employer's Liability Insurance - General Liability Janitorial Services Landscaping Services Licenses & Permits Materials & Supplies Miscellaneous Network Access Fee Office Supplies Postage Repairs & Maintenance Security Services Signs Telephone Travel & Transportation Uniforms/Laundry Utilities Sub- Total - Other Expenses $ 92,998.00 Management Fee N/A Incentive Fee N/A Start-up Budget s - One-time Cost $ 250.00 City CDoWQHerating Expense Budget 14 - 42 1 $ 9VAW0021 Cost/Space Form A $ 148.53 Operating Expense Budget AMMI :INS Form A - Year One Operating Expenses (Proposed) 3 - Garage C Spaces: 396 ABM Parking Services Salaries and Wages (1) Year One Sub- Total - Staffing Form C N/A Sub -Total - Salaries and Wages N/A Payroll Tax & Fringe Benefits Payroll Taxes Health/Welfare/Benefits Workers' Compensation N/A N/A N/A N/A N/A N/A Sub -Total - Payroll Tax & Fringe Benefits I N/A Total - Salaries, Tax, Fringe & Worker's Compensation N/A Other Expenses 401K Plan $ Bank/Credit Card Charges $ 19,500.00 Computer Cons $ 540.00 Drug screen/criminal $ 300.00 EDP & Accounting $ 6,150.00 Employee Relations $ 500.00' Forms & Printing $ 100.00 Gasoline Purchases S 220.00 Hiring Insurance - Automobile Liability Insurance - Commercial General Liability Insurance - Crime Insurance - Employer's Liability Insurance - General Liability Janitorial Services Landscaping Services Licenses & Permits Materials & Supplies Miscellaneous Network Access Fee Office Supplies Postage Repairs & Maintenance Security Services Signs Telephone Travel & Transportation Uniforms/Laundry Utilities Sub- Total - Other Expenses 1 $ 90,025.00 Management Fee N/A Incentive Fee I N/A Start-up Budget (3) - One-time Cost 1 $ 250.00 Ctb2(DQtff0Mk Expense Budget 14 - 43 1 $ 93,275.00?/7/2021 Cost/Space Form A 1 $ 235.54 Operating Expense Budget AMMI :INS Form A - Year One Operating Expenses (Proposed) 4 - Garage D Spaces: 364 ABM Parking Services Salaries and Wages (1) Year One Sub- Total - Staffing Form C $ 183,102.40 Sub -Total - Salaries and Payroll Tax & Fringe Benefits Payroll Taxes 12.0% $ 21,972.29 Health/Welfare/Benefits 24.6% $ 45,000.00 Workers' Compensation 10.0% $ 18,310.24 Sub -Total - Payroll Tax & Fringe Benefits 1 $ 85,282.53 Total - Salaries, Tax, Fringe & Worker's Compensation 1 $ 268,384.93 Other Expenses 401K Plan $ 4,500.00 Bank/Credit Card Charges $ 19,500.00 Computer Cons $ 540.00 Drug screen/criminal $ 300.00 EDP & Accounting $ 7,128.00 Employee Relations $ 500.00 Forms & Printing $ 100.00 Gasoline Purchases $ 220.00 Hiring $ 250.00 Insurance - Automobile Liability $ Insurance - Commercial General Liability $ Insurance - Crime $ Insurance - Employer's Liability $ Insurance - General Liability $ 3,276.00 Janitorial Services $ 20,550.00 Landscaping Services $ 1,241.00 Licenses & Permits $ 150.00 Materials & Supplies $ 3,600,00 Miscellaneous $ 630.00 Network Access Fee $ 345.00 Office Supplies $ 750.00 Postage $ 20.00' Repairs & Maintenance $ 5,800.00 i Security Services $ - Signs TBD Telephone $ 5,150.00 Travel & Transportation $ 250.00 Uniforms/Laundry $ 975.00 Utilities S 19,440.00 Sub- Total - Other Expenses 1 $ 95,215.00 Management Fee N/A Incentive Fee N/A Start-up Budget (3) - One-time Cost 1 $ 250.00 Total QRVt 0kM0jje Budget 14 - 44 $ 366,849.93 12/7/2021 Cost/Space Form A 1 $ 1,007.83 Operating Expense Budget EXHIBIT 1 Form A - Parking Facility - Budget Summary City Council C-2 14 — 45 12/7/2021 AMMI :INS Form A - Year One Operating Expenses (Proposed) 5 - Lot 1 Spaces: 54 ABM Parking Services Salaries and Wages (1) Year One Sub- Total - Staffing Form C N/A Sub -Total - Salaries and Wages N/A Payroll Tax & Fringe Benefits Payroll Taxes Health/Welfare/Benefits Workers' Compensation N/A N/A N/A N/A N/A N/A Sub -Total - Payroll Tax & Fringe Benefits I N/A Total - Salaries, Tax, Fringe & Worker's Compensation N/A Other Expenses 401K Plan Bank/Credit Card Charges Computer Cons Drug screen/criminal EDP & Accounting Employee Relations Forms & Printing Gasoline Purchases Hiring Insurance - Automobile Liability Insurance - Commercial General Liability Insurance - Crime Insurance - Employer's Liability Insurance - General Liability Janitorial Services Landscaping Services Licenses & Permits Materials & Supplies Miscellaneous Network Access Fee Office Supplies Postage Repairs & Maintenance Security Services Signs Telephone Travel & Transportation Uniforms/Laundry Utilities Sub- Total - Other Expenses 1 $ 1,241.00 Management Fee N/A Incentive Fee I N/A Start-up Budget (3) - One-time Cost $ Ctb2(DQtff0Mk Expense Budget 14 - 46 1 $ 1,241.00?/7/2021 Cost/Space Form A 1 $ 22.98 Operating Expense Budget EXHIBIT 1 Form B Management and Other Fees City Council 14 — 47 12/7/2021 Form 11- Management and Other Fees 2 - Garage B ABM Parking Services 648 Category Year One 1 Payroll Tax N/A Z Worker's Compensation Insurance N/A 3 General Liability, GKLL Insurance $ 5,832.00 4 Per Claim Deductible Charged to Owner $ i 1,500.00 5 Base Management Fee N/A 6 Incentive Fee N/A Bank/Credit Card Charges $ 19,500.00 Notes: 1 Maximum percentage of payroll with no cut off for SUTA Z Maximum percentage charged per payroll cost 3 Assume 394 spaces in this facility (annual cost) 4 Maximum deductible amount charged per claim to Owner (annual cost) 5 Proposed Base Management Fee (annual cost) 6 Proposed annual incentive fee (annual cost) Annual cost for any bank/credit card charges (annual cost) City Council Form B 14 — 48 12/7/2021 Management Other Fees AMMI :111116 Form 11- Management and Other Fees 3 - Garage C ABM Parking Services 396 Category Year One 1 Payroll Tax N/A 2 Worker's Compensation Insurance N/A 3 General Liability, GKLL Insurance $ 3,564.00 4 Per Claim Deductible Charged to Owner $ 1,50000' 5 Base Management Fee N/A 6 Incentive Fee N/A Bank/Credit Card Charges $ 19,500.00 Notes: 1 Maximum percentage of payroll with no cut off for SUTA Z Maximum percentage charged per payroll cost 3 Assume 330 spaces in this facility (annual cost) 4 Maximum deductible amount charged per claim to Owner (annual cost) 5 Proposed Base Management Fee (annual cost) 6 Proposed annual incentive fee (annual cost) Annual cost for any bank/credit card charges (annual cost) City Council Form B 14 — 49 12/7/2021 Management Other Fees AMMI :111116 Form 11- Management and Other Fees 4 - Garage D ABM Parking Services 364 Category Year One 1 Payroll Tax 12.0% 2 Worker's Compensation Insurance 10.0% 3 General Liability, GKLL Insurance $ 3,276.00 4 Per Claim Deductible Charged to Owner $ 1,50000' 5 Base Management Fee N/A 6 Incentive Fee N/A Bank/Credit Card Charges $ 19,500.00 Notes: 1 Maximum percentage of payroll with no cut off for SUTA Z Maximum percentage charged per payroll cost 3 Assume 304 spaces in this facility (annual cost) 4 Maximum deductible amount charged per claim to Owner (annual cost) 5 Proposed Base Management Fee (annual cost) 6 Proposed annual incentive fee (annual cost) Annual cost for any bank/credit card charges (annual cost) City Council Form B 14 — 50 12/7/2021 Management Other Fees Form 11- Management and Other Fees 5-Lot 1 ABM Parking Services 54 Category Year One 1 Payroll Tax N/A 2 Worker's Compensation Insurance N/A 3 General Liability, GKLL Insurance $ 4 Per Claim Deductible Charged to Owner $ j 1,500.00' 5 Base Management Fee N/A 6 Incentive Fee N/A Bank/Credit Card Charges $ - Notes: 1 Maximum percentage of payroll with no cut off for SUTA Z Maximum percentage charged per payroll cost 3 Assume 28 spaces in this facility (annual cost) 4 Maximum deductible amount charged per claim to Owner (annual cost) 5 Proposed Base Management Fee (annual cost) 6 Proposed annual incentive fee (annual cost) Annual cost for any bank/credit card charges (annual cost) City Council Form B 14 — 51 12/7/2021 Management Other Fees AMMI :111116 Form 11- Management and Other Fees 1 - Garage A ABM Parking Services 430 Category Year One 1 Payroll Tax 12.0% Z Worker's Compensation Insurance 10.0% 3 General Liability, GKLL Insurance $ 3,870.00 4 Per Claim Deductible Charged to Owner $ 1,500.00' 5 Base Management Fee $ 18,000.00 6Incentive Fee $ Bank/Credit Card Charges $ 19,500.00 Notes: 1 Maximum percentage of payroll with no cut off for SUTA Z Maximum percentage charged per payroll cost 3 Assume 763 spaces in this facility (annual cost) 4 Maximum deductible amount charged per claim to Owner (annual cost) 5 Proposed Base Management Fee (annual cost) 6 Proposed annual incentive fee (annual cost) Annual cost for any bank/credit card charges (annual cost) Cells shaded grey contain formulas, do not append. Input proposed costs in the cells shaded in blue. City Council Form B 14 — 52 12/7/2021 Management Other Fees EXHIBIT 1 Form C Proposed Staffing City Council 14 — 53 12/7/2021 Q Q Q o w N N O O N N 1!1 N C N M 00 Q lA lA lA lA lA lA lA N O Q o N o x N K N o O IO v� W O O O O Oo ry o c-I c-I N 1!1 x N N m w o o o o o Q x `m a > Y � cO cO d 3 � c 0 x >, L u N A m C � 0 T 6 0 0 d o a 0 a` o ca ca � E `o -o v w � � O N y o W U `w m c Y O g m o t t t Q O V V V o 2 f G O U CL CfS G'S Q� G� ui �a a _ E -'2 M 0 0.0 2 p O O o 0 o a o o a O N O .-I O O m �O O N O Q lA lA lA lA lA lA N N 9 a 6 W. uo1 N,. aj�6 O O N p x N K w i!T i/T i/T. i!T i!T VT N w N w w w ! o m o 0 0 0 .+ x O 0 0 0 w x a ti a a a 0 T w 0 wi a Y � I d 3 T x° v v s o T n o w w w w m N C l7 � N v > t0 d O O T -p t ~ a` O T v T Nw H w w O N T O w w w N N N m C •> O_ C V� Ul U1 X "O \ p G C � Z N o 0 co LL � V'1 V�1 V) �i ct U cn � � N U cn N c EXHIBIT 1 Form D Proposed Start-up Budget City Council 14 — 56 12/7/2021 Form IV - Proposed Start -Up Budget 1 - Garage A ABM Parking Services Item Cost 5ignage $ - Computeri $ 200.00 Locksmith $ 50.00' Name Badges $ - PPE $ EV Blower $ Total $ 250.00 Cells shaded grey contain formulas, no not append. Input proposed costs in the cells shaded in blue. Note. Individual start-up budget must be completed by location using the template provided. Note: Include only itemized one-time expenses associated with start-up. City Council 14 — 57 12/7/2021 Form D Start -UP Budget AMMI :111116 Form IV - Proposed Start -Up Budget 2 - Garage B ABM Parking Services Item Cost 5ignage $ - Computer $ 200.00 Locksmith $ 50.00' Name Badges $ - PPE $ EV Blower $ Total $ 250.00 City Council 14 — 58 12/7/2021 Form D Start -UP Budget Form IV - Proposed Start -Up Budget 3 - Garage C ABM Parking Services Item Cost 5ignage $ - Computer $ 200.00 Locksmith $ 50.00' Name Badges $ - PPE $ - EV Blower $ - Total $ 250.00 City Council 14 — 59 12/7/2021 Form D Start -UP Budget Form IV - Proposed Start -Up Budget 4 - Garage D ABM Parking Services Item Cost 5ignange $ - Computer $ 200.00 Locksmith $ 50.00' Name Badges $ - PPE $ - EV Blower $ - $ Total $ 250.00 City Council 14 — 60 12/7/2021 Form D Start -UP Budget AMMI :111116 Form IV - Proposed Start -UP Budget 5-Lot 1 ABM Parking Services Item Cost 5ignage $ Total $ City Council 14 — 61 12/7/2021 Form D Start -UP Budget EXHIBIT 1 Exhibit D Facility Fact Sheets City Council 14 — 62 12/7/2021 IN GARAGE C — 310 N BIRCH Street, Santa AnRXH9bT 1 AUTOMATED PARKING FACILITY —OPERATIONAL 24/7 DAILY RATES: 2-H0URGRACE PERIOD, AND THEREAFTER $35(FOR ]OMINUTES) $1.5OPER HOUR $1O.00DAILY MAXIMUM RATES:MONTHLY $5O.0O(Unreuerved)and $6OOO(Reuerved) GARAGE B — 300 East 5 lh Street, Santa Ana, CA 92701 AUTOMATED PARKING FACILITY —OPERATIONAL 24/7 DAILY RATES: 2-H0URGRACE PERIOD, AND THEREAFTER $35(FOR ]OMINUTES) $1.5OPER HOUR $1O.00DAILY MAXIMUM MONTHLY RATES: $5O.0O(Unreuerved)and $6OOO(Reuerved) GARAGE A-201WEST 3 lh Street. Santa Ana. CA92701 DAILY RATES: 2-H0URGRACE PERIOD, AND THEREAFTER $35(FOR ]OMINUTES) $1.5OPER HOUR $1O.00DAILY MAXIMUM MONTHLY RATES: $5O.0O(Unreuerved)and $6OOO(Reuerved) HOURS OF OPERATION Monday & Tuesday 8:OOAM-8:OOPM Wednesday, Thursday, Friday, & Saturday 8:OOAM-12:OOAM Sunday 1O:O0AM-6:]OPM GARAGE Q — 420 N MAIN Street, Santa Ana, CA 92701 AUTOMATED PARKING FACILITY —OPERATIONAL 24/7 DAILY RATES: 2-H0URGRACE PERIOD, AND THEREAFTER $35(FOR ]OMINUTES) $1.5OPER HOUR $1O.00DAILY MAXIMUM RATES:MONTHLY $5O.0O(Unreuerved)and $6OOO(Reuerved) 12/7/2021 EXHIBIT 1 EXHIBIT E SAMPLE OPERATION AND MAINTENANCE PLAN 11ai,1e'Jir7rg !it i,v'k':e Annual test/ X X X X inspection Eirniei,geir)�r':y Maintenance contract Maintenance S(Nisoirs X X X X contract Maintenance X X contract IVA(firi Dai,I,dr�lg Maintenance X X ()ffice contract Eirniei,geir)r�':y Maintenance X X X !iysl° eirni contract ir Maintenance X X X X 141 a i i t i a iru, c e contract L a ir)r d s r': a :� i ir)r g/ Maintenance X X X X g a 1ir)� contract Contract X X X X EV (,.'I,'mi,g�ir)' As necessary X X X X Visitor Maintenance X X X X Systt."'Arn (.'Ieair)� Ueva�:oi,' Daily X X X X ( III aii Daily X X X X o "') "')r y II e a ir)Y 3 times per )ffk':e week X X X X Strip and Dai,I,diig Office wax X X X quarterly Clean monthly X X X X I1ecej�,,iitades Empty daily X X X X X 1'i,as[')r Wir)� !iei,vk':e Contract X X X X Re -charge, X X X X replace r Gale Repair as X X X X necessary City Council 14-64 12/7/2021 EXHIBIT 1 !iei,v,k,:e A B D 1, SliiweflHaiice Maintenance Systt."Arn (orilce x x x x contract firistaHt.,1111',i) Monitoring �!!I,e NMill ,i,r)i !iysl�ei,r)i x x x x service Arifl-gi,af"fiti Change x x x x Wfi,v,Ik,mm Trn annually Monthly/ essui,e \AVas[,di,,)�g* x x x x quarterly Weekly x x x x Re-sl�iIl:�w !i1�46ls As necessary x x x x x Dairit Stafi,s Annually x x x x 110 ` Quarterly x x x x Chance acflftyII ig�,ifliig bulbs/service x x x x as necessary Revei,,)aw Maintenance x x x x E q i, i i :a Irr)i e contract Orflirile VaH(,,,,IIatJoii Maintenance x x x x Systt."Arn !iei,vk,:e x x x x ar11 ,,,,IH1li,11,es x x x x During !i&,:ui1l!iei,v'k,:e operating x x x x hours figl,i Aii,(,a Annually x x x x !iei,vk,:es Daily x x x x Annually x x x x S,iaft Wfirv:icmms Daily x x x x x 5�,,�i,i,y ( oat ot Every 2 years x Repair as Gales �& �!!'ei,,)Y i,:es x x x x necessary Sigilis As necessary x x x x x As necessary x x x x x 12/7/2021 j III diTYIr, 3 N'u"nZil Uld btf Ptf I ful I I Itfd bi-di II IUCIIIY 14-65 Community Development Agency santa-ana.org/cd Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana AGENDA TITLE: Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana RECOMMENDED ACTION 1. Authorize the City Manager to execute a Fourth Amendment to the Downtown Clean & Safe Program agreement with Downtown Inc.that provides daily cleaning, maintenance of downtown and will augment services to include special event preparation, street closures, and parklet maintenance services in the amount of $500,000 for the term of January 1, 2022 through December 31, 2022, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the amendment to Section 2.04 to update the language `Bi-Annual Financial Statement and Audit' and replace it with `Quarterly financial statements and expense reports must be submitted at the end of each quarter'. DISCUSSION On January 31, 2013, the City executed a Settlement and Release Agreement with Downtown Inc. to fund the downtown's Clean and Safe program for three years in an amount of $500,000 per year. The terms of the Agreement automatically renewed each year. On January 10, 2018, the City terminated the Settlement and Release Agreement and executed a new agreement for Clean and Safe Program Services with Downtown Inc. in the amount of $500,000 for the calendar year. The Downtown Clean and Safe Program is a crucial element in keeping the Downtown area clean and safe. The Clean and Safe team also act as positive stewards of the Downtown who provide direction and information to visitors, mitigate issues promptly, provide a safe presence and deterrence, and regularly communicate with Downtown police and City staff on matters that require immediate attention. City Council 15 — 1 12/7/2021 Approve a Fourth Amendment to Agreement with Downtown Inc. in the amount of $500,000 to provide Clean and Safe Program for Downtown Santa Ana December 7, 2021 Page 2 The Clean and Safe team are available 7 days per week from early morning to late nights to provide a safe and clean area for all daytime and nighttime activities. The Clean and Safe team provides daily litter maintenance, empties trash containers multiple times per day to avoid overflow, power washes sidewalks and alleyways, and oversees security services to the downtown. During the COVID-19 pandemic, the Clean and Safe team took it upon themselves to sanitize areas and clean high -traffic areas, including call buttons at intersections and meter heads. Furthermore, the scope of services has expanded to include cleaning, maintenance and repair of the City's eleven parklets, and the set- up/break-down of traffic control plans (street closures) for City co -sponsored events. This fourth amendment will include augmented services to include parklet cleaning and maintenance, special event preparation such as street closure assistance, cleaning after events, and contracting security guards on urgent or as -needed basis. Furthermore, the amendment will update Section 2.04 to update the language "Bi-Annual Financial Statement and Audit" and replace it with "Quarterly financial statements and expense reports must be submitted at the end of each quarter". These crucial maintenance services beautify the downtown district and enhance the image of the commercial core (Exhibit 1). The activity is designed to enhance customer experience, increase commerce, and help to attract and retain new businesses within the district. Funds for these services are made available through increased revenue from patrons that park in the downtown (parking structures and meters). Staff recommends that the City Council approve the fourth amendment to the Downtown Clean and Safe Program Agreement with Downtown Inc. to maintain a clean and safe downtown area for residents, businesses and visitors. The Clean & Safe Program has the ability to address maintenance issues, mitigate homelessness impacts, and provide a welcoming downtown area for the City. FISCAL IMPACT Funds in the amount of $250,000 are available in the Downtown Enhancement and Parking Modernization Plan account (no. 02718133-62300) for expenditure in FY 2021- 2022 for the first six months and the remaining $250,000 will be budgeted in the FY 2022- 2023 budget. EXHIBIT(S) 1. Fourth Amendment: Clean & Safe Program Downtown Inc Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 15 — 2 12/7/2021 EXHIBIT 1 FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT THIS FOURTH AMENDMENT TO THE DOWNTOWN CLEAN AND SAFE PROGRAM SERVICES AGREEMENT is entered into this 7t` day of December, 2021, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Downtown Incorporated, .Inc., a California non- profit corporation ("DTI"). RECITALS A. On January 10, 2018, the City entered into the Downtown Clean and Safe Program Services Agreement #A-2017-325 with DTI to fund the downtown's Clean and Safe Program, which includes a security team, a litter team, and a power washing team ("said Agreement"). The intent of said Agreement is for DTI to receive a set amount of funding for downtown Clean and Safe Program services each calendar year that such funding is approved by City Council. B. On December 18, 2018, the City entered into a First Amendment to said Agreement (#A- 2018-303) with DTI in order to extend the term and add funding for 2019. C. On December 3, 2019, the City entered into a Second Amendment to said Agreement (#A- 2019-231) with DTI in order to extend the term and add funding for 2020. D. On December 15, 2020, the City entered into a Third Amendment to said Agreement (#A- 2020-254) with DTI in order to extend the term and add a reduced funding amount of $400,000 for 2021 due to revenue shortfalls contributed by the pandemic. E. The City hereby approves an additional $500,000 for downtown Clean and Safe Program services for use by DTI in 2022 pursuant to the terms and conditions of said Agreement, as amended. F. In accordance with the terms and conditions of said Agreement, the parties desire to amend said Agreement to revise the financial reporting requirements, extend the term of said Agreement, add an additional $500,000 for downtown Clean and Safe Program services for the extended term of said Agreement, and amend said. Agreement to update the services to be provided. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terins and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Pursuant to the terms of said Agreement, the City Council approved an additional $500,000 for downtown Clean and Safe Program services for the 2022 calendar year to be utilized by DTI pursuant to the terms of said Agreement. City Council 15 — 3 12/7/2021 MOMIUM 2. Section 1.03, Term of Services Agreement, shall be amended to read as follows: "This Services Agreement shall commence on the date first written above and terminate on December 31, 2022, unless terminated earlier in accordance with sections 4.02 or 4.05 below." 3. Section 2.01., Clean and Safe Program Services, shall be amended to include cleaning, maintenance, and repair of the City's eleven (11) Parklets, and the set-up/break-down of traffic control plans (street closures) for City Co -sponsored events, as provided in Exhibit A to this Fourth Amendment to the Agreement. 4. Section 2.04, Bi-Annual Financial Statement and Audit, shall be amended and replaced in its entirety as follow: §2.04 Quarterly Financial Statements Every three (3) months (March 31, June 30, September 30, and December 31), DTI shall submit to the City Manager a financial statement and expense report of DTI's Clean and Safe Program expenditures. 5. Except as hereinabove modified, the terms and conditions of said Agreement, as amended, remain unchanged and in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this Approval and Arnendment to said Agreement the date and year first above written. 11.110=9 DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: Sonia R Ca"i-4,alho City CITY OF SANTA ANA KRISTINE RIDGE City Manager Ryan O. J�Joldge Ryan Chase Assistant ,.)Ity Att6rney President Tax ID# 26-4051161 RECOMMENDED FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency City Council 15-4 12/7/2021 Exhibit A - Scope of Services Downtown Clean & Safe Program 2022 January 1, 2022 -- December 31, 2022 I. BUDGET EXHIBIT 1 Proposed Clean and Safe Budget Activity Cost Litter Maintenance $ 318,749 Special Event hitter Clean -Up or On-Call/Urgent Security Guard Services $ 6,000 Power Washing $ 116,796 Street Closures or On-Call/Urgent Security Guard Services $ 12,000 Parklets Maintenance $ 46,455 Total $ 500,000 II. LITTER MAINTENANCE A. PICK UP LITTER AND WASTE "Litter" is defined as, but is not limited to, boxes, cans, papers, containers marked "trash" (or are obviously trash), unwanted or useless materials, or rejected matter. "Waste" includes, but is not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquid or dried matter, oily or sticky substances, and graffiti, etc. Remove litter from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, and store entries. All litter from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. Waste shall be removed from all outside surfaces including, but not limited to, sidewalks, curbs, planters, tree grates, store entries, and trash receptacles. All waste from such surfaces shall be removed from the area and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming soiled by such waste. Waste removal shall be accomplished by the complete and thorough removal of said substances from the area — not by moving it from one surface to another or covering said substances with sand or similar materials. City Council 15 — 5 12/7/2021 EXHIBIT 1 B. SPECIAL EVENT LITTER CLEAN-UPIMAINTENANCE Clean & Safe team will provide litter clean-up/maintenance services for designated special events that are approved by the City of Santa Ana Provide litter -clean-up for on -call situations after special events that do not provide adequate clean-up, must be approved by the City of Santa Ana. C. CLEAN AND EMPTY TRASH CANS All trash containers within the BID shall be emptied and cleaned. Trash including, but not limited to, boxes, cans, papers, and other containers marked "trash" (or are obviously trash) shall be removed, along with the liner. All trash from such trash receptacles shall be removed from the BID and emptied into a designated trash dumpster or receptacle in such a manner as to prevent the adjacent area from becoming littered by such trash. All trash containers shall be emptied three times per day on a routing basis (morning, early afternoon and evening). Additionally, any trash containers that may become filled prior to the scheduled routing cleaning, particularity between the hours of 11:00 a.m. and 4:00 p.m. daily, shall be emptied as needed. Trash containers should never have accumulated trash or waste above the level of the container. Whether full or not, container shall be emptied and cleaned if it is omitting a foul, rancid, or putrid odor or showing signs of insect or rodent infestation. Insert new liners into trash containers, securing said liners in such a manner as to present a neat uniform appearance and replacing container lids in their correct position. Using a clean cloth or rag, and germicide detergent solution, remove all waste including, but not limited to, gum, food remains, sewage, excrement, grease, dust, dirt, decals, liquids, dried matter, oily or sticky substances, and graffiti, etc. from the surface of trash containers. Cleaning shall be accomplished by the complete and thorough removal of said substances from the area —not by moving it from one surface to another or covering said substances with sand or similar materials. This includes, but is not limited to, the cleaning of the immediate area surrounding the trash containers. D. CLEAN OUTDOOR BENCHES, BOLLARDS AND LIGHT POLES All benches, bollards and light poles within the area shall be cleaned on a regular basis using clean cloths and a detergent solution. Remove all waste including, but not limited to, gum, food remains, excrement, grease, dust, dirt, litter, liquids, dried matter, decals, sticky substances, graffiti, etc. leaving object in working condition. The immediate area surrounding the object shall be cleaned in the same manner. E. CLEAN ALLEYS Alleys shall be clear of trash, waste, shopping carts, pallets, leaves, and excrement. Shopping City Council 15 — 6 12/7/2021 EXHIBIT 1 carts shall be picked up and taken to shopping center parking lot. Boxes shall be flattened and placed securely in trash container in such a manner as to not protrude excessively. Excrement shall be picked up and disposed of properly, and area washed down with proper germicidal solution. The following are alley locations within the Downtown: s 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) 0 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) i 400 West Fourth Street (south alley) F. CLEAN BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will complement the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops. The following are bus stop locations within the Downtown: 400 North Main west side of street • 400 North Main east side of street • 200 West 5t' street south side of street • 200 East 5"' street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street III. STREET CLOSURE Will provide street closure services with approved Traffic Control Plans as approved by Public Works Agency for special events approved or cosponsored by the City of Santa Ana. Set-up water -filled k-rails, barricades, traffic cones, traffic signs, A -frames, and ensure safe street closures. Dedicate the Removal of street closure equipment, track inventory, and properly store equipment in storage areas. IV. POWER WASH City Council 15 — 7 12/7/2021 EXHIBIT 1 A. POWER WASH PROCESS "Power wash" is defined as the simultaneous mechanical removal of materials or pollutants from the surface for the pavement, through application of water under pressure with elevated temperatures used in the cleaning process and collection of waste and water. Process used shall leave the area clean and free from stains and of all loose, embedded materials including chewing gum. The cleaning process must not damage the concrete surfaces or the brick paver surface. All gum must be removed from the paver, concrete and other sidewalk surfaces. B. POWER WASH SIDEWALKS All gum, dirt, grime, oil, stains and other fluids shall be removed from the sidewalls by using power washing equipment. C. POWER WASH BUS STOPS Bus stop areas are cleaned by the City of Santa Ana's contractor, however, the Clean & Safe Team will compliment the cleaning of the bus stops by cleaning all debris, bum, dirt, grime, oil, stains and other fluids. Clean & Safe Team will not be responsible for emptying the locked trash container at the bus stops, The following are bus stop locations within the Downtown: • 400 North Main west side of street • 300 North Main east side of street • 200 West 5a' street south side of street • 200 East 5 h street south side of street • 100 West Santa Ana Boulevard north side of street • 200 East Santa Ana Boulevard north side of street D. POWER WASH ALLEYS Alleys are to be cleaned of a debris, bum, dirt, grime, oil, stains and other fluids. The following are alley locations within the Downtown: a 100 East Fourth Street (south alley) • 200 East Fourth Street (south alley) • 300 East Fourth Street (north and south alley) • 100 West Fourth Street (south alley) • 200 West Fourth Street (south alley) • 300 West Fourth Street (south alley) • 400 West Fourth Street (south alley) City Council 15 — 8 12/7/2021 IN! M A. Litter Team of 7 Workers: Monday - Sunday 7:00 AM to 9:00 PM B. Power Washing Team of 3 Workers: Monday - Sunday 4:00 AM to 10:00 AM . . . ........ 1N11 A"A RM ^fir`''` ❑ � �...� �� ,[!n_� � ��. Nro S� .3 111110 a7 '�HONO ti'T I F Santa An Business Improvement District I c=111.11,wr,d ON alike] R I Will assist in coordinating, securing, and compensating additional or on -call security guards for special events or emergencies or as needed with approval by the City of Santa Ana. City Council 15-9 12/7/2021 Community Development Agency https://www.santa-ana.org/cd Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Affordable Housing Project at 801, 807, 809 and 809'/2 E. Santa Ana Blvd AGENDA TITLE: Approve an Appropriation Adjustment, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd (Non -General Fund) (Contingent upon approval of Housing Authority Item #3). RECOMMENDED ACTION 1. Authorize the City Manager to execute a Density Bonus Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for a 55-year term, for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., to defer approximately $510,000 of their development impact fees for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy. 3. Approve an appropriation adjustment to recognize $587,000 in prior -year fund balance from the Low and Moderate Income Housing Asset Fund and appropriate the same amount to the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. (Requires five affirmative votes) EXECUTIVE SUMMARY On January 15, 2019, the Housing Authority approved an award of $1,069,947 in funding and agreed to enter into a 99-year Ground Lease for the development of the Frances Xavier Residence affordable housing project by Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. After nearly three years of predevelopment in which City Council 16 — 1 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 2 Frances Xavier Residence (renamed to "FX Residences") worked with staff to secure all of their remaining sources of financing in their capital stack as a condition of the Housing Authority's award of funds and Ground Lease, staff is now returning to the Housing Authority / City Council for approval of their Loan Agreement and Ground Lease. Due to additional construction costs associated with the project since approval of the award on January 15, 2019, staff is also recommending to amend their award of funds for an additional $587,000. In addition, staff is also recommending approval of a Density Bonus Agreement required for HomeAid's entitlements to develop FX Residences and a Development Impact Fee Deferral Agreement to offset their costs of construction. A future Subordination Agreement may be necessary at a later date and is included as a Recommended Action. DISCUSSION On January 15, 2019, City Council approved a pre -loan commitment with HomeAid Orange County ("HomeAid") with Mercy House Living Centers ("Mercy House") as the service provider for $1,069,947 in Low and Moderate Income Housing Asset Funds and a 99-year Ground Lease of 801, 807, 809 and 809 '/2 E. Santa Ana Blvd for the development of the Frances Xavier Residence affordable housing project. The $1,069,947 are former redevelopment agency funds held by the Housing Authority acting as the Housing Successor Agency. The funds are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e. loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. The Housing Authority owns the land at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd after it was transferred by the former Redevelopment Agency. The project was renamed from Frances Xavier Residences to FX Residences after City Council approved the pre -loan commitment. The Staff Report from January 15, 2019 is attached as Exhibit 1 and the pre -loan commitment letter is attached as Exhibit 2. After City Council approves a pre -loan commitment of funding for an affordable housing project, it typically takes a substantial amount of time for a developer to secure their remaining sources of financing in their capital stack. The majority of large multi -family affordable housing projects require Low -Income Housing Tax Credits which are very competitive for the higher value 9% Tax Credits with only two application deadlines a year and more difficult to finance with the lower value 4% Tax Credits. In this case, HomeAid did not apply for Low -Income Housing Tax Credits, but applied for various other sources of financing through the County of Orange, Orange County Housing Finance Trust and Wells Fargo, among other grantees and lenders. After almost three years since HomeAid received a commitment of funding and land from the Housing Authority, HomeAid is prepared to close on their financing and begin construction of the project. In order for HomeAid to develop FX Residences and in accordinace with the pre -loan commitment letter approved by the Housing Authority on January 15, 2019, staff is City Council 16 — 2 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 3 recommending approval of $587,000 in additional funds, a $1,656,947 Loan Agreement, a 99-year Ground Lease, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with HomeAid for the development of the FX Residences affordable housing project ("Project") located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. $587,000 Award of Additional Funds Due to unanticipated and additional construction costs associated with the Project since approval of the pre -loan commitment on January 15, 2019, staff is recommending to amend the Housing Authority's original award for $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund. With approval by City Council, the total award of funds would increase from $1,069,947 to $1,656,947. After receiving the Housing Authority's award of financial assistance, HomeAid revised their proposed project to add five additional units instead of the 12 units previously proposed. In addition, HomeAid received updated construction cost estimates, which increased the development budget for the Project. The increase in costs is primarily due to the COVID- 19 pandemic and the increase in labor and materials since January 15, 2019. As such, HomeAid is requesting the Housing Authority to provide an additional $587,000 in additional financial assistance to the Project. To address this gap, most recently HomeAid attempted to apply for these funds from Wells Fargo and from the Affordable Housing Program General Fund through the Federal Home Loan Bank of San Francisco. Although Wells Fargo provided a $25,000 grant, the application to the Federal Home Loan Bank was not successful. Keyser Marston Associates, Inc. prepared a financial gap analysis attached as Exhibit 3 and confirmed this remaining financial gap amount. Staff recommends approval of the award of $587,000 in order to move the Project forward and not continue to wait for HomeAid to secure their remaining sources of financing. If not approved by City Council, the Project will likely be delayed by another year before being recommended to City Council for approval again. Loan Agreement The Housing Successor Agency Loan Agreement is attached as Exhibit 4. The following loan terms are incorporated into the Loan Agreement: Borrower: Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. • Loan Amount: $1,656,947 principal amount from the Low and Moderate Income Housing Asset Fund (Housing Successor Agency) • Interest Rate: 3% simple interest compounded annually City Council 16 — 3 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 4 • Term: fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project. • Terms of Repayment: Repaid from fifty percent (50%) of residual receipts (pro- rata with payments due in connection with other financing provided) calculated by taking the Annual Project Revenues from the Property for each year, less deductions for Annual Operating Expenses. • Disbursement Schedule: 90 percent of the funds will be disbursed upfront for the construction, with a 10 percent contingency. • Selection of Tenants: HomeAid shall give preference in leasing units to chronically homeless individuals that live and/or work in the City of Santa Ana. Staff in the Community Development Agency will monitor implementation of the preference. The Loan Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. 99-Year Ground Lease The 99-year Ground Lease is attached as Exhibit 5. The 99-year Ground Lease is between the Housing Authority ("Agency" and "Lessor") and HomeAid as the "Tenant". In its simplest form, the Ground Lease binds the Housing Authority into a 99-year Ground Lease with HomeAid to develop, manage and maintain the FX Residences Project on the Housing Authority's land at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. The purpose of the Ground Lease is to lease the parcels owned by the Housing Authority to HomeAid for no more than 99 years from the date they receive their Certificate of Occupancy. The following terms are incorporated into the 99-year Ground Lease: • Term: ninety-nine (99) years, commencing on the Effective Date of the lease, and shall expire at 12.00 midnight Pacific Standard Time on the 99t" anniversary of the Commencement Date. The Effective Date is the date when the Tenant takes possession of the property and is entitled to start construction. The Commencement Date is the date when the Tenant receives their Certificate of Occupancy. • Tenant accepts the parcel "as -is". • Tenant shall pay to Housing Authority a base rent in the amount of one dollar ($1.00) per year. • Tenant shall pay directly to the taxing authorities all taxes required and utility costs. • Tenant shall construct and during the entire Term operate, maintain, replace and repair the improvements upon the property for only the following required uses: City Council 16 — 4 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 5 o multifamily affordable housing, and appurtenant improvements, including, without limitation, parking; o permanent supportive housing units and related services; and o related commercial and community -serving uses, as approved by the Lessor. • The Housing Authority may enter the premises upon two (2) business days' prior written notice to Tenant in order to determine whether Tenant is complying with Tenant's obligations or to enforce any rights given to the Housing Authority under the Lease. • On a monthly basis, the Tenant shall maintain a reserve fund to pay for the costs of major replacements, renovations or significant upgrades of or to the Project. The Tenant shall contribute to a Capital Improvement Fund one percent (1 %) of the total rent collected by Tenant from sub -tenants from the previous month. • Throughout the Term of the Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the premises and all Improvements now or hereafter constructed and installed on the premises in good order, condition and repair. • In the event the whole or any part of the improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully covered by insurance required to be carried by Tenant pursuant to the Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant's sole cost and expense, repair, restore and rebuild the improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage. • Tenant will purchase all required insurance at Tenant's expense and provide active certificates of insurance, including all endorsements required by the Housing Authority. • Other terms and conditions binding the Tenant in regards to Condemnation, Subletting, Default and Remedies under the lease, Holding Over the lease term, Leasehold Mortgages, and Best Management Practices. The 99-year Ground Lease has been signed by HomeAid to acknowledge their acceptance of the terms. The approval of the 99-year Ground Lease is contingent on approval of the award of additional funds and the Loan Agreement. Density Bonus Agreement The Density Bonus Agreement was approved unanimously by the Planning Commission on March 22, 2021. The Agreement is attached as Exhibit 6. As proposed, the Project will utilize waivers from development standards and/or development concessions through the Density Bonus Agreement as permitted pursuant to California Government Code sections 65915 through 65918 as implemented by the Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff is recommending approval of the Density Bonus Agreement as the Project satisfies the purpose and intent of the Transit Zoning Code (TZC) City Council 16 — 5 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 6 to promote a pedestrian -oriented environment with a mix of land uses and will provide additional affordable housing stock to an underserved segment of the City's population. The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus in units. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Due to the project's 100-percent affordability rate, HomeAid can seek up to three density bonus concessions and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. The bill requires that housing development in which 100 percent of all units (exclusive of manager units) are for lower -income households receive a maximum density bonus of eighty percent (80%). Pursuant to Section 65915 et al. of the California Government Code, HomeAid is requesting a 70- percent (70%) state density bonus. As outlined by Table 1 below, the maximum unit yield for the 0.344-acre site using the TZC standards and the State density bonus is 18 units and the applicant is proposing to develop 17 units on the site. Table 1: Density Bonus Calculation City Council 16 — 6 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 7 The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement. The conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 2 outlines the incentives/concessions and waivers requested by HomeAid. Table 2: Requested Incentives/Concessions Lot Depth — 150'-0" Sec. 41-2020 — Lot Lot Depth — 130'-0" — 250'-0" Lot Width — 100'-0" — Requires Width and Depth Lot Width — 125-0" — 200'-0" Concession for lot width at 25 feet less than the minimum (1 of 3), Cal. Gov't Code Sec. 65915 (d)(1) Sec. 41-2003 of the TZC allows for 10 Tandem parking spaces proposed Sec. 41-2003 — tandem parking not to exceed 30% of out of 12 spaces provided (83% of Tandem Parking the required parking per residential parking) - Requires Concession to unit. exceed the minimum by 53% (2 of 3), Cal. Gov't Code Sec. 65915 (d)(1) Common open space is required to be Common open space is provided as a Sec. 41-2024 — designed as a courtyard and be equal 1,877-square-foot interior courtyard. — Open Space to 15 percent of the lot area. The Requires Concession provide 12.5 Standards required open space would be percent of the lot area (3 of 3), Cal. approximately 2,247 square feet. Gov't Code Sec. 65915 (d)(1) A Stacked Dwelling Building Type is Sec. 41-2020 — The UN-2 land use designation does proposed at this location which is not Permitted not permit the Stacked Dwelling permitted, pursuant to the TZC — Building Type Building Type Requires Waiver to allow Stacked Building Type, Cal. Gov't Code Sec. 65915 (e)(1) No trees are proposed or can be accommodated along Garfield Street. In addition, less than one tree per 25 Sec. 41-2024 — Trees are required to be planted at the lineal feet can be accommodated Landscape rate of one 24-inch box tree per 25 along Santa Ana Boulevard — Standards lineal feet of front yard. Requires Waiver to allow no tree along the Garfield frontage and 1 tree per 37.5 lineal feet along Santa Ana Boulevard, Cal. Gov't Code Sec. 65915 (e)(1) In addition, the site is parked in compliance with California Government Code Section 65915(p)(3)(A) and provides 0.71 spaces per unit, inclusive of handicapped and guest parking. The California Density Bonus Law allows 0.5 spaces per unit for rental projects that are 100-percent affordable to lower income households, and within one-half mile of an accessible major transit stop. The site provides 12 total parking spaces or 0.71 spaces per unit, which includes ten tandem -parking stalls and two van accessible parking stalls. City Council 16 — 7 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 8 The Density Bonus Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. Development Impact Fee Deferral Agreement The Development Impact Fee Deferral Agreement will defer the collection of the Project's development impact fees until prior to issuance of the certificate of occupancy instead of requiring payment of the fees at the time of building permit issuance. The Agreement is attached as Exhibit 7. HomeAid's reason for the request is that they are entitled by State law to deferred payment of fees intended for public facilities or improvements and the deferral of such development impact fees will help facilitate the financing, development and construction of the project. Specifically, California Government Code Section 66007 states that "any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." The specific development impact fees that are part of this deferral request include the following: Development Impact Fee Amount Park Acquisitions and Development $377,400 Fire Facilities $81,600 Transportation System Improvement Authority (Combined Non -Residential and Residential -Multifamily) $51,000 TOTAL $510,000 As an affordable housing project, the project qualifies for this request for deferral of their development impact fees. The Development Impact Fee Deferral Agreement will defer approximately $510,000 of the development impact fees for the development of the Project. The following terms are incorporated into the Agreement: • Fee Deferral and Amount: The deferred collection of the development impact fees in the estimated amount of approximately five hundred, ten thousand dollars ($510,000). City Council 16 — 8 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 9 • Deferral Period: The development impact fees will be deferred until the final inspection or issuance of a certificate of occupancy for the Project, whichever comes first. • Extension: An extension of the Agreement may only be granted by the City Council. • Payment Security: Payment of fee is a personal obligation of the owner, or any successor secured by the property, and if left unpaid, shall be collected as a special lien against the property. • Recordation of Agreement and Lien against Property: The Agreement will be recorded in the Official Records of the County of Orange and the Agreement shall contractually bind the owner to pay the development impact fees and shall constitute a lien against the property. The intended goal of the collection of development impact fees at the time of building permit issuance is to ensure that the payment of the fees is completed prior to the vesting of development rights by a project developer. Development impact fees for development projects include customary fees to defray costs for the City to provide development services under the permit, outside agency fees as applicable, and established development impact fees. While deferral of collection of development impact fees is not a routine practice, HomeAid submitted their request under California Government Code Section 66007 and the City is required to consider their request. The collection of the development impact fees for a new residential development is to generally fund planned acquisition and development of parks and open space within the City to mitigate the impacts that new developments will have on the demand for parks and open space within the City. While the request will defer the collection of the development impact fees to a later time in the development process, it will not waive or prevent the City from collecting the fee through protections and securities provided to the City under the agreement. Furthermore, the fees will be paid prior to the actual impact, as no residents will be allowed to occupy the Project until payment is received by the City. The Development Impact Fee Deferral Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. Subordination Agreement As a public lender for an affordable housing project such as this, the private market senior lender typically requests a subordination agreement for the Housing Authority's loan agreement in order to ensure the senior lender will be paid back before the Housing Authority's loan. In this case, staff is uncertain if a subordination agreement is going to be requested by the private market senior lender or another lender. If necessary, the City Council 16 — 9 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 10 subordination agreement will be drafted and finalized at the conversion from the construction loan to the permanent loan. Project Description The Project includes the construction of a new affordable rental residential development consisting of 17 units, 1,120 square feet of group space (e.g., lobby, lounge/loft, and laundry areas), and a 389-square foot community room. The development will consist of a two-story building with flats/apartment units, trash enclosure, ten covered parking stalls, and one van accessible surface -parking stall. It will feature onsite amenities such as communal laundry facilities on the first and second floor, onsite bicycle storage, 400 square feet of on -site storage, and 608 square feet of office space. One unit will be set aside for the onsite manager while 16 units are proposed as affordable to chronically homeless households earning less than thirty percent (30%) and twenty-five (25%) of the area median income (AMI). Each of the seventeen units will be one -bedroom and will contain a full kitchen, a single bedroom, a full bathroom, and open/common (living) areas. Open space will be provided through a private interior courtyard approximately 1,877 square feet in size. The design and layout of the proposed courtyard creates a unique outdoor area within the development that functions as a passive outdoor space. The courtyard will feature an exterior art wall/mural and a robust landscape palette with a variety of hardscaping materials, trees, and shrubs. Trees and shrubs include, but are not limited to, queen palms, camphor and crape myrtle trees, Indian Hawthorne, red kangaroo paw, and blue ice yellow - wood. Landscaping and a block wall will provide buffering/screening for the adjacent single- family residences to the north. The block wall will feature a varied wall height to allow for proper egress and fire access to building on the adjacent property, which is too close the existing property line. The Project features a Mission Revival architectural style common of many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. The residential structure is designed to fully screen all mechanical equipment within the structure and parapet walls. The Mission Revival style respects and complements the surrounding neighborhood, including the Triada at the Station District located on the corner of Santa Ana Boulevard and Lacy Street across the street from the Project, which was completed in 2013. The Project will be constructed by the same general contractor as the Triada. Overall, the project will include a design and solid construction materials that will ensure that the Project ages well for the duration of the building's lifetime. The Project is proposed to be entirely affordable with 16 units of permanent supportive housing for individuals experiencing chronic homelessness. Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the AMI; and one (1) of the units is reserved for an on -site City Council 16 — 10 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 11 manager. There will be a local preference for chronically homeless residents of Santa Ana who live or work in the City. The unit mix and rent restrictions are as follows: Unit Size No. Units AMI 1-Bedroom 9 30% 7 25% 1 Manager's Unit FISCAL IMPACT Approval of the appropriation adjustment will allocate $528,300 (90% of the additional award amount) to the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for expenditure in the current fiscal year. The remaining $58,700 (10%) will be budgeted and included in the FY 2022-23 annual budget. The total estimated development impact fees to be deferred for the project is estimated to be $510,000 as follows: Accounting Unit Fund Description Accounting Unit, Amount — Account # Account Description 31213002-53300 Residential District Park A & D $377,400 Development District 2 Fees 12015002-53700 Fire Facilities Fund Improvement Fee $81,600 99117002-50301 Transportation System TSIA from City of Santa $51,000 Improvement Authority Ana TOTAL $510,000 The final fee amount to be deferred will be calculated at the time of the final inspection or issuance of a certificate of occupancy for the project, whichever comes first. There is no negative fiscal impact as the deferred amount will be paid back to the City. However, it should be noted that the FY 21-22 deferred amount may be received in FY 22-23. Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency EXHIBITS 1. Staff Report from January 15, 2019 2. Pre -Loan Commitment Letter 3. Keyser Marston Associates, Inc. Financial Gap Analysis 4. Housing Successor Agency Loan Agreement 5. 99-Year Ground Lease 6. Density Bonus Agreement City Council 16 — 11 12/7/2021 Appropriation Adjustment, Density Bonus and Development Impact Fee Deferral Agreement for FX Residences December 7, 2021 Page 12 7. Development Impact Fee Deferral Agreement Submitted By: Steven A. Mendoza, Assistant City Manager City Council 16 — 12 12/7/2021 1 *13*441 N Q 11 APPROVE A PRE -LOAN COMMITMENT OF $1,069,947 OF AFFORDABLE HOUSING FUNDS, A 99-YEAR GROUND -LEASE, AND THREE PROJECT -BASED VOUCHERS TO HOMEAID ORANGE COUNTY AND MERCY HOUSE LIVING CENTERS FOR THE DEVELOPMENT OF THE FRANCES XAVIER RESIDENCE PROJECT (STRATEGIC PLAN NO. 5,3C) . ..... . ... . ....... . ................ . . . EXECUTIVE, DIRECTOR RECOMMENDED ACTION El As Recommended El As Amended Authorize the, Executive Director of the Housing Authority and the Recording Secretary to execute a pre -loan commitment letter with HomeAid Orange County ("HomeAid") with Mercy House Living Centers ("Mercy House") as the service provider for $1,069,947 in Low and Moderate Income Housing Asset Funds and a 99-year ground -lease of 801, 809 & 809 1/2 E. Santa Ana Blvd (APN: 398-303-04 / 3918-303-05 / 398-303-06 / 398-303-07) for the development of the Frances Xavier Residence affordable housing project, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 2. Approve an award of three (3) project -based vouchers and authorize the Executive Director of the Housing Authority and the Recording Secretary to execute an Agreement to Enter into a Project -Based Vouchers Housing Assistance Payments Contract with HomeAid for the development of the Frances Xavier Residence affordable housing project, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION At its special meeting on December 19, 2018, the Community Redevelopment and Housing Commission (CRHC) by a vote of 5:0 (Ramos and Urzua abstained): 1) Recommended that the Housing Authority authorize the Executive Director of the Housing Authority to execute a pre -loan commitment letter with HomeAid with Mercy House as the service provider for $1,069,947 in Low and Moderate Income Housing Asset Funds and a 9 !_ieabu a r SO 1, 009 ;& 009 72 E777 Ana S171 (AP11: 3PR� 398- 3-1 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 2 303-05 1 398-303-06 1 398-303-07) for the development of the Frances Xavier Residence affordable housing project). 2) Recommended that the Housing Authority approve an award of three (3) project -based vouchers and authorize the Executive Director of the Housing Authority to execute an Agreement to Enter into a Project -Based Vouchers Housing Assistance Payments Contract with HomeAid for the development of the Frances Xavier Residence affordable housing project. DISCUSSION On June 19, 2018, the City Council authorized the Community Development Agency (CDA) to release a Fiscal Year 2018 -- 2019 Request for Proposals (RFP) to develop affordable rental and ownership project(s) in the City of Santa Ana with available funds from the HOME Investment Partnerships Program (HOME), Community Development Block Grant Program (CDBG), Project Based Voucher Program (PBV), Inclusionary Housing Fund, and Housing Successor Agency Fund. The RFP also included land assets currently owned by the Housing Authority of the City of Santa Ana. The RFP was drafted in compliance with the City's Affordable Housing Funds Policies and Procedures adopted by City Council on March 20, 2018. On July 2, 2018, CDA issued RFP # 18-056 for Affordable Housing Development. The RFP was published on both the City and Housing Authority's websites; a public notice was published in the OC Register on July 2, 2018; an e-mail was sent out by Orange County's largest affordable housing membership associations including the Kennedy Commission, 2-1-1 Orange County, and Southern California Association of Nonprofit Housing; and an electronic letter was e-mailed to interested developers and nonprofit organizations who had previously requested to be informed of development opportunities on CDA's RFP Process Database. The first annual deadline for the City's RFP # 18-056 for Affordable Housing Development closed on Wednesday, August 15, 2018 at 5:00 p.m. The City received thirteen (13) proposals prior to the deadline. The affordable housing developers that submitted a proposal are: Affordable Housing Developer Cesar Chavez Foundation Chelsea Investment Corporation Community Development Partners — 2 Proposals Community HousingWorks Habitat for Humanity of Orange County HomeAid Orange County Jamboree Housing -- 2 Proposals National Community Renaissance & Mercy House Living Centers Orange Housing Development Corporation & C&C Development, LLC Related California 1 iv — i1t 3-2 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 3 After the deadline, staff conducted a minimum threshold review of each proposal to ensure the proposal compiled with all of the minimum requirements in the RFP. Following the minimum threshold review, staff formed a Review Panel that consisted of the Executive Director of the City's Public Works Agency with his designee, the Executive Director of the Planning and Building Agency with his designee, the Executive Director of the Community Development Agency, and the Housing Division Manager. The Veterans Affairs Medical Center of Long Beach, the County of Orange, Keyser Marston Associates, and MDG Associates served as advisors to the Review Panel. In compliance with the City's Affordable Housing Funds Policies and Procedures, the Review Panel used the proposal Scoring and Selection Criteria from the RFP to conduct their review and analysis of each proposal. In addition to the Scoring and Selection Criteria from the RFP, the Review Panel also reviewed the proposed project design for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. On October 30, 2018, the Review Panel met and interviewed all of the developers who submitted a proposal. LINC Housing requested to be removed from consideration prior to their scheduled interview and therefore their proposal was removed from consideration. On November 14, 2018, the Review Panel met a second time to discuss and deliberate upon the scoring and selection of the proposals. Following this deliberative selection process, the Review Panel agreed upon the final scores below based on an average of the Individual Reviewer Scores: City Council 16 — 15 12/7/2021 3-3 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 4 Housing Authority Land Asset Requested I HUD-VASH Vouchers I Non -Housing Authority Land Asset Developer Name Project Name FINAL SCORE (Average of Individual Reviewer Scores) Orange Housing Development Corporation and CAC Development, LLC 1126-1146 E. Washington Site 92 Related California The Crossroads at Washington 91 Jamboree Housing REVO Apartments 87 1126 & 1146 E. Washington Avenue Cesar Chavez Foundation Santa Ana Place 84 Community HousingWorks Transformar 80 Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 Chelsea Investment Corporation Cielo 76 826 N. Lacy1830 N. Lacy Habitat for Humanity of Orange County Lacy Street Project 82 Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 801, 809 & 809 112 E. Santa Ana Blvd. HomeAid Orange County Frances Xavier Residence 9D Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 Jamboree Housing Budget hn Site 66 HUD-VASH Vouchers (As the Primary Source of Financing) Community Development Partners Westview House 81 Non -Housing Authority Land Asset I National Community Renaissance and Mercy L:.nt. An. United Mftd,,, Church Side House Living Centers 93 City Council 16-16 12/7/2021 3-4 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 5 Based on the scores above and the relative scoring of proposals competing for the same land asset(s) or source of affordable housing funds (e.g. HUD-VASH PBVs), the Review Panel recommends the following award for this project: Developer: HomeAid Orange County and Mercy House Project Name: Frances Xavier Residence Developer Request: • $1,051,629 • 8 HUD-VASH PBVs Award Recommendation: • Lease Agreement for 801 E. Santa Ana Blvd. o Appraised Value as of Oct 25, 2018: $788,000.00 Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund): $1,069,947 • Project -Based Voucher Program (PBV): Three (3) HUD-VASH PBVs Staff notified HomeAid and Mercy House in writing of the award recommendation by the Review Panel, contingent on final approval by the Community Redevelopment and Housing Commission (CRHC) and Housing Authority (Exhibit 1). The pre -loan commitment letter with HomeAid with Mercy House as the service provider for $1,069,947 in Low and Moderate Income Housing Asset Funds and a 99-year ground -lease of 801, 809 & 809 '/a E. Santa Ana Blvd (APN: 398-303-04 / 398-303-05 / 398-303-06 / 398-303-07) for the development of the Frances Xavier Residence affordable housing project provides the official award from the Housing Authority (Exhibit 2). In compliance the City's Affordable Housing Funds Policies and Procedures, the City's real estate advisor, Keyser Marston Associates (KMA), has confirmed the underwriting for the Project, the financial gap, and other programmatic requirements related to the funding sources. KMA has reviewed the developer's estimates and projections of rents, expenses, reserves and development costs in accordance with industry -standard underwriting guidelines and recommends the full amount of the award based on their underwriting and subsidy layering analysis (Exhibit 3). Project Description HomeAid Orange County, in partnership with Mercy House and with C & C Development acting as an advisor, is proposing to develop Frances Xavier Residence. The Proposed Project will be 100% affordable to households earning less than 80 percent of the Area Median Income (AMI). All units will be set -aside for Permanent Supportive Housing (PSH). However, the project may remove one PSH units to include an on -site property manager's unit of the 12 units which is not listed below. The proposed unit mix and rent restrictions are as follows: PSH - 30%- 80% AM] Total 2-bedroom 5 City Council 12/7/2021 3-5 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 6 3- bedroom 2 2 Total 12 The proposed Francis Xavier Residence supports a 12-unit two story building that will provide permanent supportive housing for homeless individuals and families. The surrounding neighborhood has a mixture of recently developed mixed use residential buildings and long standing apartment buildings in support of the multi -unit residential nature for the Francis Xavier Residence. While the 12-unit building fits with surrounding residential typologies, the proposed affordable housing opportunity allows for a density bonus to achieve the proposed 12 affordable units on this site under the existing UN-2 zoning which accommodates 30 dwelling units per acre. The current site, on the corner of Santa Ana Boulevard and Garfield, boasts a pedestrian forward location with its proximity to the train station and other public transportation resources — ideal for the proposed tenants of the Francis Xavier Residence. The proposed Francis Xavier Residence is designed specifically to accommodate 2 key populations: homeless veterans and homeless families or individuals. The building will also include 2 and 3 bedroom units to promote a family oriented community environment for the residents. The adjacency to the elementary school provides an unmatched resource opportunity for future kids and their parents that may utilize this proposed facility. HomeAid is seeking to serve single homeless and some larger families which requires a reduction in parking through either a standard variance or an affordable housing incentive. A one to one parking ratio is reasonable for these populations since it is common for emergency shelters and housing developed by HomeAid for low-income and homeless families over the past 3 decades to have more no more than 1 car per household. HomeAid will also incorporate green building measures such as dual pane windows, planning of window orientation, drought tolerant landscaping, inclusion of some energy star appliances (where the items are not cost prohibitive), sections of pervious pavement, and potentially measures such as rainwater collection. Many of these measures are standard for developments completed by HomeAid in partnership with Mercy House. The current design shows a 15,800 sq. ft. building divided between a 6,425 sq. ft. main floor; 7,540 sq. ft. second floor; and covered garage parking. Site parking, including covered garage parking supports (12) spaces, including (4) tandem stalls, that have direct access into the building. A central main entry lobby controls access to the main level, including the large community room and 2,400 sq. ft. open to sky interior courtyard with small play structure and resident gathering spaces. The design, which may be amended includes: units with private entry locations off of common hall ways comprised of (2) three bedroom with two bath units around 1,100 sq. ft., (5) two bedroom with one bath units around 830 sq, ft.; and (5) one bedroom with one bath units between 550-790 sq. ft. All of the units share a common laundry facility that supports multiple laundry machines for resident use. Based on the needs of populations served, a second floor storage space is being proposed to provide area for the residents to store belongings that are not necessarily needed on a regular basis, or do not fit inside their designated living unit. While the units are arranged to provide privacy for the residents at the unit, their + ing is clesigned Tor a sensetEp_ arecl community ark :Nsidents 3-6 Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 7 themselves promoting a safe environment for all the individuals that become a part of the Francis Xavier community. Due to the fact that all units will be -dedicated for permanent supportive housing, the bedroom counts above and project design are conceptual in nature. It may be necessary to modify the bedroom count of units throughout the project to accommodate family size of potential residents that match program criteria. This also means that the building footprint and square footage may be adjusted, both to ensure that the project is viable based on available funding, and to address the above listed concerns. All architecture presented at this time is based on original design documents from 2010, and is conceptual. HomeAid will increase or decrease the bed count as necessary to achieve a functional project and to guarantee the financial feasibility of the project. Development Summary: • Site Control - Current Zoning: The proposed project does not require rezoning the site. Lots must be combined as a part of the approval process to accommodate the proposed building. • Anticipated Development Costs: $3,764,713 • Authority Loan Terms: The Low and Moderation Income Housing Asset Funds would be turned into a residual receipts loan at a 3% interest repayable out of 50% of the actual cash flow. • Developer Access to Additional Funds: HomeAid does have access to additional funds, and will consider pursuit of funding through the County of Orange Mental Health Services Act program and/or the forthcoming No Place Like Home program. HomeAid has previously fundraised $4,000,000 in donations I pledges for the development and ongoing maintenance of the recently opened HomeAid Family CareCenter and HomeAid has significant experience in pursuing numerous grants for projects. • The property is currently owned by the Housing Authority of the City of Santa Ana. For the development of this project by HomeAid Orange County with Mercy House Living Centers, the Review Panel is recommending an award of $1,069,947 in Low and Moderate Income Housing Asset Funds and a 99-year ground -lease of 801, 809 & 809 '/2 E. Santa Ana Blvd (APN: 398-303-04 1 398-303-05 1 398-303-06 1 398-303-07). The Review Panel is also recommending an award of three (3) HUD-VASH PBVs following a competitive selection process through RFP # 18-056 in compliance with the City's Affordable Housing Funds Policies and Procedures. After HomeAid secures all of their remaining financing for the development of the project, staff will return to the Housing Authority with the loan agreement and 99-year ground - lease agreement. On January 8, 2019, the County of Orange Board of Supervisors authorized County staff to submit a joint project application to the State of California Housing and Community Development Department for the first round of competitive No Place Like Home (NPLH) funding. The NPLH program will provide funding to support the development of supportive housing for adults with serious mental illness in the City of Santa Ana. The deadline for their NPLH application is January 30, 2019. NPLH funding in the amount of $3,382,389 is being requested from HCD to support I ment of up to 9 of the 12 units/ &-�_tlf g project. The City's1 pWWMitment 3-7 AN09RUN Commitment of Affordable Housing Funds, a Lease and PBVs to HomeAid January 15, 2019 Page 8 letter will enhance and support the Developer's application for this additional source of financing to make the project feasible. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health, Livability, Engagement & Sustainabi'lity, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), and Strategy C (Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT Upon approval of the loan agreement, funds in the amount of $1,069,947 within the Low and Moderate Income Housing Asset Fund will be made availalble for distribution (account number 60718830-69,152). Any payment associated with the lease agreement will be addressed at the time the agreement is presented to the Housing Authority Board for approval. Each project based voucher is estimated to be valued at $10,550 annually, based on HUD's initial award of the vouchers from April 2018, The actual annual expenditure for the three vouchers may be different based on when the development of the project is completed and the units are leased. Funds will be budgeted in future fiscal years in the Housing Choice Voucher Program, Housing Assistance Payment account (no. 13618760-,69158). Judsdin'Brown ' Housing Division Manager Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Award Announcement to HomeAid and Mercy House 2. Pre -Loan Commitment Letter with HomeAid and Mercy House 3. Underwriting and Subsidy Layering Analysis by Keyser Marston Associates City Council 16-20 12/7/2021 We MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villegas December 4, 2018 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org Scott Larson, Executive Director of HomeAid Larry Haynes, Executive Director of Mercy House HomeAid Orange County / Mercy House Living Centers 24 Executive Park, Suite 100 Irvine, CA 92614 CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Sent via E-mail Subject: Award Recommendations by Review Panel for RFP # 18-056 Dear Mr. Larson and Mr. Haynes, Thank you very much for your proposal submitted in response to our RFP for Affordable Housing Development (RFP # 18-056). The City of Santa Ana received a total of thirteen (13) proposals requesting over $52 million and 304 Project -Based Vouchers. We thank you for your proposal and your commitment to develop affordable housing for the residents of the City of Santa Ana. In compliance with the City's Affordable Housing Funds Policies and Procedures adopted by City Council on March 20, 2018, staff formed a Review Panel that consisted of the Executive Director of the City's Public Works Agency with his designee, the Executive Director of the Planning and Building Agency with his designee, the Executive Director of the Community Development Agency, and the Housing Division Manager. The VAMC of Long Beach, the County of Orange, Keyser Marston Associates, and MDG Associates served as advisors to the Review Panel. The Review Panel used the proposal Scoring and Selection Criteria from the RFP to conduct their review. In addition to the Scoring and Selection Criteria from the RFP, the Review Panel also reviewed the proposed project design for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. On October 30, 2018, the Review Panel met and interviewed all of the developers who submitted a proposal. LINC Housing requested to be removed from consideration prior to their scheduled interview and therefore their proposal was removed from consideration. On November 14, 2018, the Review Panel met a second time to discuss and deliberate SANTA ANA CITY COUNCIL Miguel A. Pulido (' ('/�' In�'I `amity QPY�It�'M qAZ Vicente Sarmiento Jose Solori016 — 21 P. David Benavides JuanM}F�g�aS 2021 Sal Tinajero Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward B mpulidoft_santa-ana.orq mimartinez(a�santa-ana.org vsarmiento(a_santa-ana.org isolori sa-ana.orq dbenavidesft_santa-ana.org ivillegasQsanta-ana.org stinaiero(a_santa-ana.orq upon the final scoring and selection of the proposals. Following this process, the Review Panel agreed upon the final scores below based on an average of the scores from each member of the Panel - Housing Authority Land Asset Requested / HUD-VASH Vouchers/Non-Housing Authority Land Asset Developer Name Project Name FINAL SCORE (Average of Individual Reviewer Scores) 1126 & 1146 E. Washington Avenue Orange Housing Development Corporation and C&C Development, LLC 1126-1146 E. Washington Site 92 Related California The Crossroads at Washington 91 Jamboree Housing REVOApartments 87 CesarChavez Foundation Santa Ana Place 84 Community Housing Works Transformar 80 Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 Chelsea Investment Corporation Cielo 76 826 N. Lacy/830 N. Lacy Habitat for Humanity of Orange County Lacy Street Project 82 Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 801, 809 & 809 1/2 E. Santa Ana Blvd. HomeAid Orange County Frances Xavier Residence 90 Community Development Partners Washington Plaza, GRFLD, Lacy Walk 77 HUD-VASH Vouchers (As the Primary Source of Financing) Jamboree Housing Budget Inn Site 86 Community Development Partners Westview House 81 Non -Housing Authority Land Asset National Community Renaissance and Mercy House Living Centers Santa Ana United Methodist Church Site 93 *Supporting documentation for the scores above may be provided upon request. City Council 3-10 16 — 22 12/7/2021 Based on the scores above and the relative scoring of proposals competing for the same land asset or source of affordable housing funds, the Review Panel is recommending the following award for your organization to our Community Redevelopment and Housing Commission and to the City Council / Housing Authority for final approval: Developer: HomeAid Orange County and Mercy House Project Name: Frances Xavier Residence Developer Request: • $1,051,629.00 • 8 HUD-VASH PBVs Award Recommendation: • Lease Agreement for 801 E. Santa Ana Blvd. o Appraised Value as of Oct 25, 2018: $788,000 • Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund): $1,069,947.00 • Project -Based Voucher Program (PBV): Three (3) HUD-VASH PBVs This recommendation is continaent upon final aaaroval by the Communi Redevelopment and Housing Commission (CRHC) and City Council / Housing Authority. This letter should not be confused with a final pre -loan commitment letter from the Citv or Housina Authoritv. This is only a recommendation by our Review Panel. For the next steps: 1) Please acknowledge your willingness to accept this award recommendation and develop your project (by responding to this e-mail) including the additional requirements listed below that will be incorporated into your final commitment from the City / Housing Authority among various other terms: a. Efforts must be made to incorporate ground -level retail in the project design to incorporate the site into the forthcoming OC Streetcar. b. 100% of the units must be permanent supportive housing for individuals and families referred from the Coordinated Entry System who are residing in the City of Santa Ana based upon: i. Proof of strong ties to the community, to include current residency of an immediate family member — mother, father, sibling, or grandparent in the City of Santa Ana; ii. Proof that the individual attended a K-12 school in Santa Ana; iii. Proof that the individual resided on property zoned for residential use in Santa Ana and the individual was on the lease and/or paid utilities necessary for legal use of the property for residential purposes; or iv. Knowledge — either first-hand or recorded — by the Santa Ana Police Department that the individual has been a member of the Santa Ana homeless community. City Council 3-11 16 — 23 12/7/2021 2) Please acknowledge (by responding to this e-mail) your willingness to reimburse the City for the cost of an underwriting and subsidy layering review to be conducted by Keyser Marston Associates (KMA). 3) Staff will coordinate with you a first look of your project in coordination with the City's Planning and Building Agency to verify that the project design complies with the City's requirements. 4) Staff will complete a National Environmental Policy Act review in compliance with your award of federal funds. 5) Please draft a presentation that you will provide with staff to the Community Redevelopment and Housing Commission (CRHC) on December 19t" at 4.30PM in the City Council Chambers. This presentation must be provided to staff before COB on Tuesday, December 11t". Staff will also coordinate with you on the Staff Report that will be presented to the Commission and then to City Council / Housing Authority. 6) Staff will be recommending your award to the CRHC on December 19, 2018 and to City Council and the Housing Authority in January or February 2019. You must be present and ready to present your project at both meetings as well as respond to any questions or concerns. From all of us here at the City, thank you again for your proposal and congratulations on your award recommendation. We look forward to working with you to develop affordable housing for the residents of the City of Santa Ana. Sincerely, 100 Judson Brown Housing Division Manager Community Development Agency Housing and Neighborhood Development Division 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 T: (714) 667-2241 F: (714) 647-6549 www.santa-ana.org/cda City Council 3-12 16 — 24 12/7/2021 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Roman Reyna Vicente Sarmiento Jose Solorio CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza • P.O. Box 22030 Santa Ana, California 92702 (714) 667-2200 www.santa-ana.org January 15, 2019 Scott Larson Executive Director HomeAid Orange County 24 Executive Park, Suite 100 Irvine, CA 92614 Larry Haynes Executive Director Mercy House Living Centers Re: Francis Xavier Residence CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar 801, 809, and 809'/2 East Santa Ana Boulevard, Santa Ana, CA 92701 Pre -Commitment Letter for: LMIHAF Loan, Project Based Vouchers, and Lease Agreement Dear Messrs. Larson and Haynes: HomeAid Orange County and Mercy Housing Living Centers ("Developer") requested financial assistance in connection with the proposed development of a twelve (12) unit affordable housing complex to be located at 801, 809, and 809'/2 East Santa Ana Boulevard, Santa Ana, CA 92701 ("Project"). The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana ("Housing Authority") have reviewed the Developer's request for assistance, and at the City Council/Housing Authority meeting on January 15, 2019, the Housing Authority Board authorized and approved issuance of this pre -commitment letter evidencing the preliminary award of (collectively, the "Agency Assistance") - A loan in the maximum amount of $1,069,947.00 from the Low and Moderate Income Housing Asset Fund ("LMIHAF") held by the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency ("Agency") for the Project ("Agency Loan"); (' ('/�' In SANTA ANA CITY COUNCIL / Miguel A. Pulido `amity "�[4pi4as Vicente Sarmiento David Penal6�-d — 25 Jose Solorio RoIN/2021 Cecilia Iglesias Mayor Mayor Pro Tern, Ward 5 Ward 1 Ward 2 Ward 3 Ward 4 Ward 6 mpulido(a�santa-ana.org Nillegas(7a,santa-ana.orq vsarmientoft_santa-ana.orq d e :. Dza ta-ana.org 1solono(C�i,santa-ana.org rrevna(a)santa-ana.ora ciglesiasft_santa-ana.org gc 12 - A 99-year ground lease for the property located at 801, 809, and 809'/2 East Santa Ana Boulevard (APNs: 398-303-04, 398-303-05, 398-303-06, and 398-303-07, with a combined appraised value of $788,000.00 as of October 25, 2018); to be used for development of affordable housing at 801, 809, and 809'/2 East Santa Ana Boulevard, Santa Ana, CA 92701 ("Ground Lease"); and, - Three (3) U.S. Department of Housing and Urban Development -Veterans Affairs Supportive Housing ("HUD-VASH") Project -Based Vouchers ("PBV") for Permanent Supportive Housing for the Project. This letter shall evidence the Agency's pre -commitment of the Agency Assistance to the Developer for the Project subject to the conditions described below. Agency Loan: The amount of the proposed Agency Loan has been determined based upon the Agency's review of the Developer's request for the receipt of the Agency Assistance and the development proforma and projected cash flows for the Project submitted by the Developer to the Agency ("Proforma"). The Housing Authority Executive Director has authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the Agency Assistance is not increased or extended. The Agency Loan shall include the following terms: $1,069,947.00 maximum principal amount, or as much thereof as is disbursed for hard and soft costs in constructing the Project, provided from Santa Ana Housing Successor Agency Low and Moderate Income Housing Asset Funds. • 3% simple interest per annum. Repayment from 50% of Residual Receipts (pro-rata with payments due in connection with other financing provided by other public agencies) (after payment of operating expenses, debt service, any deferred developer fee, and partnership fees to be described in the Agreement) with the remaining 50% to be disbursed to the Developer. Remaining principal and accrued interest due upon the 55th anniversary of the issuance of Certificate of Occupancy and/orfinal building permits or earlier upon sale, refinancing or default. On that date, the City/Agency agrees to review the performance of the property and consider in good faith any reasonable request by Developer to modify the terms or extend the term of the Agency Promissory Notes. Additionally, the Agency will receive a pro rata share of 50% of the net proceeds received from any sale or refinancing of the Project, after payment of outstanding debt and payment in full of any deferred developer fee and establishment of any reserves and transaction costs. City Council 3-14 16 — 26 12/7/2021 gc 13 Cost savings from the Project, if any, will be applied first to pay down the Agency Loan, subject to compliance with the Tax Credit Allocation Committee ("TCAC") Regulations and California Health and Safety Code. Ground Lease: The Project will be located at 801, 809, and 809'/2 East Santa Ana Boulevard (APNs: 398- 303-04, 398-303-05, 398-303-06, and 398-303-07) ("Property"). The Housing Authority currently owns the Property. Accordingly, the Housing Authority Board authorized the lease of the Property to the Developer for the Project. After Developer secures all of its remaining financing for the development of the Project, staff will return to the Housing Authority for consideration of a 99-year Ground Lease Agreement. HUD-VASH PBV's: The Project consists of twelve (12) permanent supportive housing units for homeless individuals and families, including three (3) units to be made available at affordable rents to HUD-VASH eligible homeless veterans for a term of fifty-five (55) years. All individuals and families shall be referred from the Orange County Coordinated Entry System, and are residing or working in the City of Santa Ana as defined under the City's criteria. Efforts shall be made to incorporate ground -level retail as an interface for the forthcoming Orange County Streetcar. The HUD-VASH PBV's shall include the following terms: • Voucher Source: The three (3) HUD-VASH PBVs will be funded exclusively out of the tenant -based voucher program annual budget authority received by the Housing Authority from the U.S. Department of Housing and Urban Development (HUD). • Rents: The PBV Housing Assistance Payments ("HAP") Contract rents below are preliminary and contingent upon a reasonable rent determination to be conducted at the time of execution of the HAP Contract- * 1 Bedroom - $1,599 0 2 Bedroom - $1,996 In accordance with HUD regulations and the Housing Authority's Housing Choice Voucher Program Administrative Plan, these rents are subject to review prior to the execution of a HAP Contract. Rents and income requirements for the remaining affordable units shall be based on the requirements of the federal Low Income Housing Tax Credit Program as administered by TCAC. • Annual Amount: The Project will receive PBVs for three (3) units: City Council 3-15 16-27 12/7/2021 gc 14 Unit Size Income No. Units Proposed Rent Total Annual Target Revenue 1-Br 30% AM 1 $1,599 $19,188 2-Br 30% AM 2 $1,996 $47,904 The estimated maximum annual amount received under this award is $67,092. These estimates assume 100% occupancy of the assisted units over the twelve- month period. • Term: The HAP Contract will have a term of twenty (20) years. Any time before the expiration of the HAP Contract, the Developer may request an additional twenty (20) years, subject to a determination by the Housing Authority that it is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities and HUD funding. Subsequent extensions are subject to the same requirements. • Units Receiving PBV Assistance: The maximum number of units receiving PBV assistance will be three (3). General Provisions: The Agency's obligation to provide the Agency Assistance to the Project is subject to each of the following conditions: • Developer must provide proof that it has secured all of its remaining financing for the development of the Project before staff will return to the City Council and/or Housing Authority for consideration of the Loan Agreement and Ground Lease Agreement. • All provided funding and project requirements shall conform to the City's adopted Affordable Housing Funds Policies and Procedures, unless alternative requirements are expressly provided in the executed Loan Agreement, Ground Lease Agreement, or any other documents related to the development of the Project. • Approval of all required entitlements and discretionary actions, to allow the construction of a 12-unit affordable housing complex to be located at 801, 809, and 809'/2 East Santa Ana Boulevard, Santa Ana, CA 92701. • The Agency's obligation to provide the Loan is and shall remain subject to all covenants, conditions, and restrictions set forth in the Loan Agreement, and in particular Agency's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. City Council 16 — 28 12/7/2021 3-16 gc 15 • Review and approval of the documents evidencing the Agency Loan by the City Council and/or Housing Authority, as applicable. • Review and approval of the documents evidencing the Ground Lease by the Housing Authority. • Execution of HAP Contracts and all necessary documents for the PBV's. • Project funding and PBV awards are predicated on the successful execution of a 99-year Ground Lease Agreement by the Developer with the Housing Authority. • Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. Developer, at its sole cost and expense, will be responsible for securing any and all permits and discretionary approvals that may be required for the Project by the City, Housing Authority, or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Notably, this pre -commitment letter shall not obligate the City or any department thereof to approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the construction, rehabilitation, installation or operation of the Project. This pre -commitment letter for the Project will expire on January 15, 2021. If you have any questions or require any additional information regarding this award letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667- 2241 or by e-mail at (brown asanta-ana.or�. Sincerely, Steven Mendoza Housing Authority Executive Director Attest: Maria D. Huizar Recording Secretary City Council 3-17 16 — 29 12/7/2021 ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM AL)vosoizs IIS,' Real Estate To: Judson Brown, Housing Division Manager Affordable Housing Economic Development City of Santa Ana ]BusuzKusLE A. Jerry Keyser From: Tim Bretz Timothy C. Kelly Debbie M. Kern David Doezema Date: January 9, 2019 Kevin Feeney Los Arun u LES Kathleen H. Head Subject: Francis Xavier Residence: Preliminary Financial Gap Analysis James A. Rabe Gregory D. Soo-Hoo Kevin E. Engstrom Julie L. Romey Tim R. Bretz At your request, Keyser Marston Associates, Inc. (KMA) prepared a preliminary financial SANDoa;GO gap analysis for the project proposed to be developed at 801— 809 %z East Santa Ana Paul C. Marra Boulevard (Site) by HomeAid Orange County (HomeAid) and Mercy House (Mercy House), collectively referred to as "Developer." The Site is currently owned by the City of Santa Ana Housing Authority (Authority). As proposed, the project will include 12 units that will be restricted to extremely -low income households (Project). The Developer is requesting the following financial assistance: 1. $1.07 million in Low and Moderate Income Housing Asset Funds (LMIHAF) from the Authority; 2. Veterans Affairs Supportive Housing (VASH) Vouchers allocated to the Authority by the United States Department of Housing and Urban Development (HUD); and To enter into a long-term ground lease with the Authority for the Site. The purpose of the KMA analysis is to evaluate the Developer's financial assistance request. 500 SOUTH City Council 16 — 30 IOW7202& WWW.KEYSERMARSTON.COM 19090.017.010 3-18 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 2 EXECUTIVE SUMMARY Estimated Financial Gap The results of the KMA financial gap analysis are compared to the Developer's financial proposal in the following table: KMA Developer Difference Total Construction Costs $4,195,000 $4,234,000 ($39,000) Outside Funding Sources 3,164,000 3,164,000 -0- Financial Gap $1,031,000 $1,070,000 ($39,000) As shown in the preceding table, KMA estimates the Project's financial gap at $1.03 million. Comparatively, the Developer is requesting $1.07 million in financial assistance from the Authority. This represents an approximately 1% differential which can be considered inconsequential. However, it is important to note that the KMA and Developer estimates differ on a line item by line item basis. Proposed Funding Sources The following summarizes the proposed funding sources for the Project: 1. The Project's stabilized net operating income (NOI) supports a $449,000 conventional permanent loan. The NOI includes the rental subsidy generated by the following: a. Three (3) VASH Vouchers awarded to the Project by the Authority; and b. A Capitalized Operating Subsidy Reserve (COSR) for nine units awarded by the California Department of Housing and Community Development (HCD) through the No Place Like Home Program (NPLH). 2. The Developer is proposing to apply for a $2.35 million loan of NPLH funds awarded by HCD. City Council 16 — 31 19217d202& 19090.017.010 3-19 EXHIBIT 1 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 3 3. The Developer is proposing to defer $365,000 of the Developer Fee that is included in the Project's development costs. The deferred amount will be repaid from the cash flow generated by the Project over time. PROJECT DESCRIPTION The proposed scope of development can be described as follows: 1. The Site area totals 0.34 acres, or approximately 15,000 square feet of land area. 2. The 12-unit Project represents a density of 35 units per acre. 3. The Project's unit mix is as follows: Number of Units Unit Size (SF) One -Bedroom Units 10 600 Two -Bedroom Units 2 800 Total / Weighted Average 12 633 4. The Project's gross building area (GBA) is estimated at approximately 14,800 square feet. 5. The Project will include 12 garage parking spaces, which equates to one space per unit. 6. Each of the 12 units in the Project will be restricted to households earning the lesser of: a. Extremely Low Income per the definitions set forth in California Health and Safety Code (H&SC); and b. 25% of the NPLH Area Median Income (AMI). 7. The Project will not include an on -site manager's unit. City Council 16 — 32 19217d2QU 19090.017.010 3-20 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 4 8. The Project's units are targeted towards homeless veterans and homeless individuals. FINANCIAL GAP ANALYSIS KMA prepared a pro forma analysis to estimate the Project's financial gap. The analysis is located at the end of this memorandum, and is organized as follows: Table 1: Estimated Construction Costs Table 2: Stabilized Net Operating Income Table 3: Financial Gap Calculation Estimated Construction Costs (Table 1) KMA reviewed the Developer's January 9, 2019 pro forma and then independently prepared a pro forma analysis of the Project. The resulting construction costs are as follows: Direct Costs The direct costs assume that the Project will not be subject to State of California and/or Federal Davis Bacon prevailing wage requirements. The direct costs applied in this analysis can be summarized as follows: 1. The on -site improvement costs are estimated at $15 per square foot of land area, or $225,000. 2. The residential building costs are estimated at $130 per square foot of GBA, which equates to $1.92 million. 3. A $50,000 allowance for furnishings, fixtures and equipment is provided. 4. The contractor costs are estimated as follows: a. A 12% allowance for contractors' fees and general requirements is provided. City Council 3-21 16 — 33 19217d202RIB 19090.017.010 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 5 b. An allowance for construction bonds / general liability insurance at 2% of construction costs is provided. 5. KMA included a $125,000 direct cost contingency allowance, which is equal to 5% of other direct costs. KMA estimates the total direct costs at $2.62 million. This equates to $177 per square foot of GBA. Indirect Costs KMA utilized the following assumptions in estimating the indirect costs: 1. The architecture, engineering and consulting costs are estimated at 7% of direct costs. 2. The Developer estimated the public permits and fees costs at $375,000, or approximately $31,300 per unit. City of Santa Ana (City) staff should verify the accuracy of this estimate. 3. The taxes, legal and accounting costs are estimated at 6% of direct costs. 4. The insurance costs are estimated at $27,000, or $2,250 per unit. 5. An approximately $1,700 per unit allowance for marketing and leasing costs is provided, which equates to $20,000. 6. The Developer set the Developer Fee at $498,000, which is equal to 13% of the net construction costs.' 7. An indirect cost contingency allowance equal to 7% of other indirect costs is provided. KMA estimates the total indirect costs at $1.35 million. 1 Net construction costs equate to the total construction costs less the developer fee amount. City Council 16 — 34 IQLV20243 19090.017.010 3-22 Judson Brown, City of Santa Ana Francis Xavier Residence: Preliminary Financial Gap Analysis Financing Costs The financing costs for the Project are estimated as follows: January 9, 2019 Page 6 1. The construction period and absorption period interest costs are estimated at $13,000. These costs are based on the following assumptions: a. The construction period interest costs are based on a 5.30% interest rate, a 14-month construction period, and a 60% average outstanding balance. b. The absorption period interest costs are based on a four -month absorption period with a 100% average outstanding balance. 2. The Developer estimates the financing fees as follows: a. The financing fees for the construction loan are estimated at $18,000, which equates to 7.75 points; and b. The financing fees for the permanent loan are estimated at $12,000, which equates to 2.75 points. 3. The following capitalized reserves will be provided: a. A $67,000 capitalized operating reserve is provided, which equates to six months of operating expenses and debt service payments; and b. The Developer included a $112,000 transition reserve to satisfy the NPLH Program. KMA estimates the total financing costs at $222,000. Total Construction Costs As shown in Table 1, KMA estimates the total construction costs at $4.20 million, which equates to approximately $349,600 per unit. In comparison, the Developer estimates the total construction costs at $4.23 million. This equates to an approximately 1% differential, which can be considered an insignificant difference. City Council 3-23 16-35 121'V202RIB 19090.017.010 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 7 Stabilized Net Operating Income (Table 2) The Project's funding sources include NPLH funds and LMIHAF funds. The Project's income and affordability standards must comport with the most stringent of the following: 1. Income Restrictions: The tenants' household incomes cannot exceed the stricter of: a. H&SC Section 50106 for extremely low income households; and b. The applicable income limits published by HCD for the NPLH Program. 2. Affordability Restrictions: Rents applied to all of the units must reflect the more stringent of: a. H&SC extremely low income rents based on the calculation defined in Section 50053; and b. The applicable rents published by HCD for the NPLH Program. Tenant -Paid Rents The rents used in this analysis are based on 2018 income and rent information published by HCD. Additionally, for the purposes of underwriting the project, the maximum tenant -paid rents are also limited by 30% of the monthly Supplemental Security Income allowance. The maximum allowable rents, net of the appropriate utility allowances, are estimated as follows:2 Rent Restriction 1-Bedroom 2-Bedrooms H&SC ELI / NPLH @ 25% Median 30% Supplemental Security Income $250 $429 H&SC Extremely Low Income $527 $586 NPLH @ 25% NPLH Median $586 $698 Applicable Rents $250 $429 z The utility allowances are estimated at: $29 for one -bedroom units and $40 for two -bedroom units. City Council 16 — 36 192M202RIB 19090.017.010 3-24 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 8 The Authority will provide VASH Vouchers for three of the income -restricted units. The VASH payments are based on the difference between the rent paid by the tenant and the fair market rent (FMR) approved by HUD. The 2019 FMRs are as follows: 1. $1,599 per unit per month for the one -bedroom units; and 2. $1,996 per unit per month for the two -bedroom units. In addition, the NPLH Program will provide a COSR for nine one -bedroom units in the Project. The Developer estimates the FMR for the COSR units at $845 per unit per month. Estimated Effective Gross Income KMA estimates the Project's effective gross income (EGI) at $142,600 based on the following: 1. The gross tenant -paid rents are estimated to total $40,300. 2. The gross VASH and COSR subsidies are estimated to total $118,100. 3. A 10% vacancy and collection allowance is applied to the gross income. Estimated Operating Expenses The operating expenses are estimated at $88,300 based on the following: 1. The general operating expenses are estimated at $5,700 per unit per year. 2. KMA assumes that the Developer will apply for the property tax abatement that is accorded to non-profit housing organizations that own and operate apartment units restricted to households earning less than 80% of the area median income. The property tax assessment overrides are estimated at $4,200. 3. The Project's operating budget does not include any social service expenses. Per the Developer, under the NPLH Program the social services will be provided by the County of Orange or their designated service provider to provide social services to the Project's residents. City Council 3-25 16-37 1217d202RIB 19090.017.010 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 9 4. The NPLH Loan has a mandatory debt service payment equal to 0.42% of the NPLH Loan amount, which equals $9,900 per year. 5. The replacement reserve deposits are set at $500 per unit per year, which is required by the NPLH Program. Estimated Stabilized Net Operating Income The Project's EGI is estimated at $142,600, and the operating expenses are estimated at $88,300. This results in estimated stabilized net operating income of $54,300. Financial Gap Calculation The financial gap is estimated by deducting the available outside funding sources from the Project's total construction costs. The outside funding sources anticipated to be received by the Project are described in the following sections of this memorandum. Available Outside Funding Sources Permanent Loan To estimate the maximum permanent loan that can be supported by the Project's NOI, KMA assumed that the loan would be underwritten based on the following requirements: 1. A 118% debt service coverage ratio; 2. A 6.15% interest rate; and 3. A 15-year amortization period. KMA estimates that the Project's stabilized NOI can support a $449,000 conventional loan. NPLH Loan The Developer anticipates receiving a $2.35 million NPLH Loan. City Council 3-26 16 — 38 19217d202RIB 19090.017.010 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 10 Deferred Developer Fee The Developer is proposing to defer $365,000, or 73% of the Developer Fee that is included in the Project's construction costs. The deferred amount will be repaid from the cash flow generated by the Project over time. Total Available Outside Funding Sources As shown in Table 3, the outside funding sources available to the Project are estimated at $3.16 million. Financial Gap Calculation Based on the preceding analysis, KMA estimates the Project's financial gap as follows: Total Construction Costs $4,195,000 (Less) Total Available Funding Sources (3,164,000) Financial Gap $1,031,000 Per Unit $85,900 As shown in the preceding analysis, KMA estimates that the Project exhibits a $1.03 million financial gap. In contrast, the Developer is requesting $1.07 million in financial assistance from the Authority. This represents a $39,000 differential, which is an approximately 1% difference. It is the KMA opinion that a difference of this magnitude can be considered insignificant. CONCLUSIONS / ISSUES FOR CONSIDERATION The following summarizes the conclusions of the KMA analysis: 1. Based on the currently available information, it is KMA's conclusion that the Project exhibits a $1.03 million financial gap, which is approximately equal to the Developer's $1.07 million financial assistance request. As such, KMA concludes that the Developer's request is warranted by the Project's economics. City Council 16 — 39 192M202RIB 19090.017.010 3-27 Judson Brown, City of Santa Ana January 9, 2019 Francis Xavier Residence: Preliminary Financial Gap Analysis Page 11 2. It should be noted that the Developer and City staff are discussing the possibility of adding ground floor retail space to the Project. The addition of retail space to the Project may require this financial analysis to be updated. Furthermore, it is important to note that the LMIHAF funds cannot be used to pay for any retail costs. 3. While the construction costs appear reasonable, KMA recommends that the City require the Developer to obtain three general contractor bids prior to selecting a general contractor. The three bids should be provided to the City for review and approval. 4. KMA recommends the following ground lease terms: a. A 55-year ground lease. b. A capitalized ground rent payment equal to the appraised fair market value of the Site and secured by a promissory note with the following terms: i. A 3% simple interest rate; and ii. Repayment of the capitalized ground rent promissory note equal to the pro rata share of 50% of residual receipts with other soft lenders. City Council 3-28 16 — 40 1921V202RIB 19090.017.010 TABLE 1 ESTIMATED CONSTRUCTION COSTS FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Direct Costs 1 Site Improvements 15,000 Sf Land $1S /Sf Land $225,000 Residential Building Costs 14,792 Sf GBA $130 /Sf GBA 1,923,000 Furnishings, Fixtures & Equipment 50,000 Contractor Fees / General Requirements 12% Construction Costs 258,000 General Liability Insurance / Contt Bonds 2% Construction Costs 43,000 Contingency Allowance S% Other Direct Costs 125,000 Total Direct Costs 14,792 Sf GBA $177 /Sf GBA $2,624,000 II. Indirect Costs Architecture, Engineering & Consulting 7.0% Direct Costs $184,000 Permits & Fees 2 12 Units $31,250 /Unit 375,000 Taxes, Legal & Accounting 6.0% Direct Costs 157,000 Insurance 12 Units $2,250 /Unit 27,000 Marketing & Leasing 12 Units $1,667 /Unit 20,000 Developer Fee 3 13% Net Construction Costs 498,000 Contingency Allowance 7.0% Other Indirects 88,000 Total Indirect Costs $1,349,000 III. Financing Costs Interest During Construction 4 $238,000 Loan Amount 5.30% Interest $13,000 Financing Fees 5 Construction Loan $238,000 Loan Amount 7.75 Points 18,000 Permanent Loan $449,000 Loan Amount 2.75 Points 12,000 Capitalized Reserves Operating Reserve 5 6 Months Operate Expenses & Debt Svc Pmts 67,000 NPLH Transition Reserve 5 112,000 Total Financing Costs $222,000 IV. JTotal Construction Costs 12 Units $349,600 /Unit $4,195,000 1 Estimates assume prevailing wage requirements will not be imposed on the Project. 2 Based on Developer estimate. The estimate should be verified by City staff. 3 Net construction costs equate to the total construction costs less the developer fee. 4 Based on a 14-month construction period with a 60% average outstanding balance; and a 4-month absorption period with a 100% average outstanding 5 Based on Developer estimates. Prepared by: QN6PM49PRssociates, Inc. 3_Z9 16 - 41 12/7/2021 Filename: Francis Xavier Residence PF_1 9 19; Pro Forma; trb TABLE 2 STABILIZED NET OPERATING INCOME FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Gross Residential Income Manager's Unit ELI H&SC/NPLH @ 25% Median/VASH 1-Bedroom Units @ (600-Sf) 2-Bedroom Units @ (800-Sf) ELI H&SC/NPLH @ 25% Median/COSR 1-Bedroom Units @ (600-Sf) VASH/COSR Subsidy ELI H&SC/NPLH @ 25% Median/VASH 1-Bedroom Units @ (600-Sf) 2-Bedroom Units @ (800-Sf) ELI H&SC/NPLH @ 25% Median/COSR 1-Bedroom Units @ (600-Sf) Gross Rental Income (Less) Vacancy & Collection Allowance Effective Gross Income E Unit $0 /Unit/Month $0 1 Units $250 /Unit/Month 3,000 2 Units $429 /Unit/Month 10,300 9 Units $250 /Unit/Month 27,000 1 Units $1,349 /Unit/Month 16,200 2 Units $1567 /Unit/Month 37,600 9 Units $595 /Unit/Month 64,300 12 Units $158,400 10.0% Gross Income (15,800) $142,600 II. Operating Expenses General Operating Expenses 12 Units $5,680 /Unit $68,200 Property Taxes 2 12 Units $350 /Unit 4,200 HCD Mandatory Interest Payment a $2,350,000 NPLH Loan 0.42% NPLH Loan 9,900 Replacement Reserve a 12 Units $500 /Unit 6,000 Total Operating Expenses 12 Units $7,358 /Unit $88,300 III. INet Operating Income $54,300 1 Based on Orange County 2018 Incomes distributed by HUD/HCD. As pertinent, the rents are based on rents published in 2018 by HCD, CA H&SC Section 50053, and 30% of SSI. Utility Allowances per the Developer: $29 for 1-Bdrm units; and $40 for 2-Bdrm units. 2 Based on the assumption that the Developer will receive the property tax abatement accorded to non-profit housing organizations that own and operate apartment units restricted to households earning less than 80% of the area median income. a Based on the requirements of the No Place Like Home (NPLH) Program. Prepared by: QN6PM49PRssociates, Inc. 3_30 16 - 42 12/7/2021 Filename: Francis Xavier Residence PF_1 9 19; Pro Forma; trb TABLE 3 FINANCIAL GAP CALCULATION FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Available Funding Sources Permanent Loan Net Operating Income Income Available for Mortgage Interest Rate Permanent Loan No Place Like Home (NPLH) Loan Deferred Developer Fee Total Available Funding Sources II. Financial Gap Calculation Total Available Funding Sources (Less) Total Construction Costs E $54,300 NOI (See Table 2) 1.18 DCR $45,929 Debt Service 6.15% Interest Rate 10.22% Mortgage Constant e 2 73% Total Developer Fee $449,000 $2,350,000 $365,000 $3,164,000 $3,164,000 (4,195,000) III. I Financial Surplus / (Financial Gap) 12 Units ($85,900) /Unit ($1,031,000) 1 Assumes a 1S-year amortization term. 2 Based on Developer estimate. Prepared by: QN6PM49PRssociates, Inc. 3_3,� 16 — 43 12/7/2021 Filename: Francis Xavier Residence PF_1 9 19; Pro Forma; trb o It v �ON N0 m��am�M� N01 I o W N N C N COI O m 0 m m M Vf Vf H H � Vf Vf � Vf Vf N n C N COI 0 N N Vf N N M N N � Vf Vf NO n N C rQ o H m N Vf N Vf Vf Vf Vf � Vf Vf O m N O^ N C o. 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O l7 ` x w H Z _. z ti �. ti a[ a[ a[ x z EXHIBIT 1 w O � s = v - - �'a U � w T O LL N (6 d o j U w + " T Q N N N C N w ¢ 6 " x w m o v v N a m w O N U w W N _ m m c O o v E City Council a 16 – 44 12/7/2021 I� m O M w w OI N N OI N N OI N M N w M w [O Vl O V ... OIII O M M M M Yf w ry O C M M O N N Ili N N11 M eel w Of o �O O w M w w w w N M w m N M N N w w w w N M V� N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a w O C m OI M w O O w OI O O . N M N Vl O O a m O O w M M M w O Vl m w I� N w O w m m m m w M m N �O M Vl M Vl �O N w 1� Y1 Y1 Y1 Y1 N � N V� N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a w ri N N m M OI w w O w w OI w O w N N O N O M O w M M M M m w p C [O M m rl ri O O N w w w w m N 00 N C [O V1 1� w N w N Yf Yf Yf Yf N � N V� N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a a w w m m o m M of M M of M w ao Vl m O [O m. 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N W w O sm £ £ £ G y W v -M T > T u '" Nw v v w O Mm a v o m a m a m m m V W m 0 V o o o o K x - a `y 0 a p? p? p Q v a ti c v x" v m w Q " c w c w c w c z w¢ o U O c 0~ a E v E 3 Q> z¢> > - v O a o o o 0 o o m o m o m o "= j' m w o �- r � rZ aZaZaZ a In Q o o Q J W v u v o w w w LL u ¢ l7 l7 > _. O l7 x w H Z _. z x z EXHIBIT 1 N O � s = v - - �'a U � N T O 1 N 2 , N U N Q N N N C Q 6 " N v v m ru O N U w N — m 'a c O oo v E City Council a 16 – 45 12/7/2021 N O o n m m co o� a of a a of a ao a N m co N m n o o O O O O m - m O o n n o N o co o .y m m m m N a m w M N M Yf w w w w N M V� N M N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a m w n. w O m N OI N N OI N m w o w 0 w O M N N N N N M M [O N m I� O 11 O a a a a N N M [O o C . n N w 00 Yf Yf Yf Yf N N [O w M O N O w w w w N M V� N M N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a ul w M M O O OI M O OI O O OI O 1� M O C o O N w w O O w w w w N O M ry w m O Yf I� n o w 00 o o o w M m M w M C N m I� N w O w w w w N N [O ul M O m N O w w w w N M V� N M N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a N M 00 M [O , of m OI m m OI m N ao M M N N N N O [O O O O O O O Yf ul I� N O O M C I� M O1 I� n w N tp tp tp tp N � M V� N N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a o n a o m co o w ao of m m of m m o m n ro .� m in in c O M N N N N m o m a n m c ro o N a a a a o a N M N N [O C M m [O N N w w w w N M V� N N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a m w w m w N o o l OI N, OI �"� M O w ul [O N m C OI O N n N N O M M m c n w w �o m m o m w w w w m a m N o vi ,� a co I� v w Iri to to to to c M [O M M V� N N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a w o l N M m M of O N OI N N OI N N m w m m m N m w w O m m m m m a m m c c w w w O o o n n n n m m N w o O N N n ul w w w w w N M V� N N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a N ul IN O w O. w OI w w OI w w 00 M w N N OIwN U a m wOO Ncom n w N O w w w w N M V� N N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a rl W N M I w O O N OI N N OI N N w in w m m m o w m m m m w M w I, m M N ro M o a o o o o m a a N c co m ri to to to to ro � M I� N V� N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a N rl N1 M ul ul OI M N OI N N OI N W Yf O m ul Yf N ul O O W w w w w M V 00 oc �o w ao n n w o O n n n n m O m ry N M [O 1� ul � N w tp tp tp tp N � M V� N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a I� M OI O OI m Yf O O ul w I N C O N a a a a m N N m u� a w O o m w w w w o a m N w n I o . w a to to to to I� O N M N w w w w N M V� N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a m w w m M N o 0 N O I N N OI N O N Im n n N w m O O w w w w w M m M M M N O M C O m O a a O 00 M N N N M I� Y1 ul w 00 tp tp tp tp N M w O N a N N w w w w N M V� N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a w o > O > W N o a_ G a « O w x w 3 w £ Ja w N O w W W T Z Q Q y E ! z LL d -o -o aoo £ w V O-M N= O. N m W w O s £ £ £ G y W v > E> > z Q rr a u '" Nv v v w O Mo a w-o m a m m m " y m 0 V a a o o o o U, o w m °' `o .. - ao N Q > v — w— w— w— Q v a ti c v x •• w m w Q " c w c w c w c z w¢ w m O c 0~ a E v E 3 3 E °C E °` E °` E Q> z Q O> > - m t v O a o O o 0 0 o m o m o m o Z 00= j' m w o �- r � rZ aZaZaZ a In Q o o Q J W v u v o w J w J LL u ¢ l7 l7 > _. O l7 x w H Z _. z ti x z 3;34 > EXHIBIT 1 N O � s = v - - �'a U � N T O 1L N (6 d N U N " m Q N N N C U N Q 6 " N v v N N 0° O u! o N.Y m N U N W N — m m c O oo v E City Council a 16 – 46 12/7/2021 w w dm m m o m w of w w of w w . an mo m . om Yf m n O nNvioM O n nN [O M o o w w M m m m m Nn m w co m o m M of m m of m m m N c N c in m as o n a a a a a n N M c o m M oc O m o m w w w n o ao a m o w r7 m o c w o ao vi ul C N O C n Yf Yf m m Vf N m I I co o� n w of w w of w m N o M N ro o c m o n m M m M m n w w y Vl C [O N M [O C O w m m m m M M n O w ti V1 � m m M w 00 M M M M � 00 t0 L rl M H O N � M Vf Vf Vf Vf Vf N H W V� Vf V� Vf a w o n m c . . o ao of ao ao of ao ao w a co co in a co ao a m M w w N w m o 00 N N N N m w w O M C N N N w tp Yf Yf Yf Yf N W n W V� Vf V� Vf a mC n 0 N m m o 0 O OI O O OI O O Yf M m Yf n ul w O O Yf Yf Yf Yf M m N ry m O N M C C ul O Yf 00 00 00 00 m 00 O O o ul M N N N o w Yf tp w tp w 00 00 N C m n C M Yf Yf Yf Yf Vf N rl M M N M Vf Vf Vf Vf Vf Vf W V� Vf V� Vf a [O w e ei N a n O N m OI m m OI m w m O O M 00 N n m O m 00 00 00 00 N N o n O N o 0 N N N N O N N O m m w O W W W W O Of Of O IC 00 n M N Yf Yf Yf Yf N Vf N M M N M Vf Vf Vf Vf Vf Vf W V� Vf V� Vf a m N w O N O O M OI M N Yf w n m m m n o Yf m m m m n N m o in M c O c co o o M M M M a M n O . N M o N n w N m m m m O m m O O C n w M Yf Yf Yf Yf N Vf N M M N M Vf Vf Vf Vf Vf Vf W V� Vf V� Vf a c w c w .. O N O O I a a OI O w w N m N [O M w m O n w w w w n O . m m O a M o m o o un n n M N I o a N . . w I M O O O O O m O O O C w ul M O w w w w N Vf M M M N M Vf Vf Vf Vf Vf Vf W V� Vf V� Vf a N C n 0 C m M O w O I OI n O n [O w m Yf C M. O M M n O pp C C C O ul n M O w o o o o N w m M o C m Yf M.. w M m O O m M Yf C M m w w w w N Vf M N M N N Vf Vf Vf Vf Vf Vf W V� Vf V� Vf a mN M O w w w O M n O I n n OI n n N M co M. o w. o� m a a a a M n n n O N ul M ul O O n n n n Yf 00 M M [O n [O tp ul [O C w O N N N N O1 ei m [O M O M M 00 w w w w N Vf M V� N M N N Vf Vf Vf Vf Vf Vf W Vf V� Vf a O w N O M OI M m OI m m OI m O Yf Yf C n m N o O O olll N w w w w O O . w w N ul M M C O O n m m m m o m n M ul O n 00 I� W M w O M M M M ei Of m [O M M N M n w w w w N Vf M V� N M N N Vf Vf Vf Vf Vf Vf W Vf V� Vf a n o n w 0 m in n O a w of w w of w w n m o a n n w m. O� ao . . . ao . M ti m M C w 0 w N 01 O n N Ili NN O O M M M w 0 m [O m n M M M w w w w w N M V� N M N N Vf Vf Vf Vf Vf Vf Vf W Vf V� Vf a w o jO > W N a_ G a « 8 O w x w 3 w £ Ja w N O w T Z Q EO Q y E ! z LL d -o -o ao+ £ w OwNf V O-M N= O. N m W w O s £ £ £ G y W v > E> > z Q a u '" Nv v v w O Mo a w-o m a m m m " y m 0 V a a o o o o U, o w m °' `o .. - ao N Q > v — w— w— w— Q v a ti c v x •• w m w Q " c w c w c w c z w¢ w m O c 0~ a E v E 3 3 E °C E °` E °` E Q> z Q O> > - m t v O a o O o 0 0 o m o m o m o Z 00= j' m w o �- r � rZ aZaZaZ a in Q o o Q J W v u v o w J w J LL V Q l7 l7 > �- O l7 = w H Z _. Z V x z EXHIBIT 1 N O � s = v - - �'a U � N T O N LL N (6 d N U N " m Q N N N C U N Q 6 " N v v N N 0° O u! o N.Y m N U N W N m — m c O oo v E City Council a 16 – 47 12/7/2021 in m. m N n n of w m of m m of m O w w m w m M co m e o w m m m m m M a m ro o o m O N c o n o 0 0 o M a o Yf N cO O O I� N M w N N N N N n M ei �c w e M rl w N N N N Vf Vf C Yf C Yf Vf Vf Vf Vf Vf w N N V� Vf a w C M n N n N 0 0 n OI n n OI n w 00 M w M w O m O O O w w w w Yf n M O w w M m M O w O O O O m O O �M ul N N rl w O N N N N Vf Vf C Yf C Yf Vf Vf Vf Vf Vf W V� Vf V� Vf a cO N m n rl N OI rl w OI w w OI w M O M N n 0 m N w N O M w m M ul C N n O n N 0 0 n n n n N w o m vi N n co r-i m w vi ai ai ai ai ti a � N ul O rl N W N N N N Vf a co co m w o 0 of n m n I� o O N M N of 00 w of 0 w w N o m ry N O cO N N ul N O_II Of N N N N O N w N w ul N C r-I n w CO M M M M ei Yf m 11 N in of n a oI a a oI N c m m o m 0 U m c m co M N o a uI M uI M Y1 W ul C m o I o w M w w w w Yf m o N a n N m o N m o� w of m m of m m m N N O cO N O N N N N n w p O O O O C O Yf Yf Yf Yf Yf Yf n Yf ul �O M 00 cO r-I M w 00 O1 O1 O1 O1 'M' tp cM M n w o n a of a a of a m n w N m w w O� a m m m m N w m ro m co m vi co �o o o m m m m M w O w o o Iw a r7 N N N 'O' w o m F1 w m m m of M of of O N M in O a. w o w a a a a m n m w m o O in w co o 0 m m m m O a O cO �p O Yf m o m w O O O O O N N .Ni m u' cO w w 00 ul C M O N w OI w w OI w O w w cO C N O N C W O Yf Yf Yf Yf Yf n O n n C n M C1 a C O Yf M M M M N It w O ul I� m m m o cO w w N n N n N N M w o jO > W w a_ G a « O w x o w 3 w £ aZ w � T Q � Q y ! z LL d -o -o ao OwNf V O-M Uw= O. N w w w w O s £ £ £ u '" Nw w v w O mw a a�i o m a m a m a m " y m 0 V o o o o K U, o w m °' `o .. - ao N Q > v - w- w- w- Q v a ti c w x" w m w Q m e w c w c w c z w¢ o m O c 0~ a E v E 3 3 E °C E °` E °` E Q> V z¢ Ou >> - m r w 0 a D o 0 0 0 o m o m o m o "= j' v � ao o �- r � rZ aZaZaZ a in Q o o Q J W w u v o w w w " J LL u ¢ l7 l7 > _. O l7 x w H Z _. z ti _. ti a[ a[ a[ x z 3;31 > EXHIBIT 1 v o E - > w s = v - - �'a U � w T O 1L N (6 !L o U w " m Q N N N C U w Q 6 " N v v m w 0° O u! o N.Y _ m wX N U w W N - m m c O o v E City Council a 16 – 48 12/7/2021 EXHIBIT 2 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Roman Reyna Vicente Sarmiento Jose Solorio CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 20 Civic Center Plaza . P.O. Box 22030 Santa Ana, California 92702 (714)667-2200 www.santa-ana.orq January 15, 2019 Scott Larson Executive Director HomeAid Orange County 24 Executive Park, Suite 100 Irvine, CA 92614 Larry Haynes Executive Director Mercy House Living Centers Re: Francis Xavier Residence 801, 809, and 809'/2 East Santa Ana Pre -Commitment Letter for: LMIHAF Agreement Dear Messrs. Larson and Haynes: CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Boulevard, Santa Ana, CA 92701 Loan, Project Based Vouchers, and Lease HomeAid Orange County and Mercy Housing Living Centers ("Developer") requested financial assistance in connection with the proposed development of a twelve (12) unit affordable housing complex to be located at 801, 809, and 809'/2 East Santa Ana Boulevard, Santa Ana, CA 92701 ("Project"). The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana ("Housing Authority") have reviewed the Developer's request for assistance, and at the City Council/Housing Authority meeting on January 15, 2019, the Housing Authority Board authorized and approved issuance of this pre -commitment letter evidencing the preliminary award of (collectively, the "Agency Assistance"): A loan in the maximum amount of $1,069,947.00 from the Low and Moderate Income Housing Asset Fund ("LMIHAF") held by the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency ("Agency") for the Project ("Agency Loan"); SANTAANA CITY COUNCIL Miguel A. Pulido/� //�� Ju�an,,V,,,il�� as Vicente Sarmiento David Penal z Jose Solorio RomaP� Cecilia I lesias 9 Mayor City �6il�wrouan9 Ward 5 Ward 9 Ward 2 — 49 Ward 3 W3/2021 Ward 6 moulid o@santa-ana.ora ivillegas&santa-ana.org vsarmiento(a7santa-ana.org Jpenaloza@saota-ana,= isoloriapsanta-ana.orq rr na Santa-ana.org ciglesias{n�santa-ana.org ,.�.X.,—.��.......... EXHIBIT 2 Page 12 - A 99-year ground lease for the property located at 801, 809, and 809%2 East Santa Ana Boulevard (APNs: 398-303-04, 398-303-05, 398-303-06, and 398-303-07, with a combined appraised value of $788,000.00 as of October 25, 2018); to be used for development of affordable housing at 801, 809, and 809%2 East Santa Ana Boulevard, Santa Ana, CA 92701 ("Ground Lease"); and, - Three (3) U.S. Department of Housing and Urban Development -Veterans Affairs Supportive Housing ("HUD-VASH") Project -Based Vouchers ("PBV") for Permanent Supportive Housing for the Project. This letter shall evidence the Agency's pre -commitment of the Agency Assistance to the Developer for the Project subject to the conditions described below. Agency Loan: The amount of the proposed Agency Loan has been determined based upon the Agency's review of the Developer's request for the receipt of the Agency Assistance and the development proforma and projected cash flows for the Project submitted by the Developer to the Agency ("Proforma"). The Housing Authority Executive Director has authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the Agency Assistance is not increased or extended. The Agency Loan shall include the following terms: • $1,069,947.00 maximum principal amount, or as much thereof as is disbursed for hard and soft costs in constructing the Project, provided from Santa Ana Housing Successor Agency Low and Moderate Income Housing Asset Funds. • 3% simple interest per annum. • Repayment from 50% of Residual Receipts (pro-rata with payments due in connection with other financing provided by other public agencies) (after payment of operating expenses, debt service, any deferred developer fee, and partnership fees to be described in the Agreement) with the remaining 50% to be disbursed to the Developer. • Remaining principal and accrued interest due upon the 55th anniversary of the issuance of Certificate of Occupancy and/or final building permits or earlier upon sale, refinancing or default. On that date, the City/Agency agrees to review the performance of the property and consider in good faith any reasonable request by Developer to modify the terms or extend the term of the Agency Promissory Notes. Additionally, the Agency will receive a pro rata share of 50% of the net proceeds received from any sale or refinancing of the Project, after payment of outstanding debt and payment in full of any deferred developer fee and establishment of any reserves and transaction costs. City Council 16 — 50 12/7/2021 EXHIBIT 2 Page 13 Cost savings from the Project, if any, will be applied first to pay down the Agency Loan, subject to compliance with the Tax Credit Allocation Committee ("TCAC") Regulations and California Health and Safety Code. Ground Lease: The Project will be located at 801, 809, and 809'/2 East Santa Ana Boulevard (APNs: 398- 303-04, 398-303-05, 398-303-06, and 398-303-07) ("Property"). The Housing Authority currently owns the Property. Accordingly, the Housing Authority Board authorized the lease of the Property to the Developer for the Project. After Developer secures all of its remaining financing for the development of the Project, staff will return to the Housing Authority for consideration of a 99-year Ground Lease Agreement. HUD-VASH PBV's: The Project consists of twelve (12) permanent supportive housing units for homeless individuals and families, including three (3) units to be made available at affordable rents to HUD-VASH eligible homeless veterans for a term of fifty-five (55) years. All individuals and families shall be referred from the Orange County Coordinated Entry System, and are residing or working in the City of Santa Ana as defined under the City's criteria. Efforts shall be made to incorporate ground -level retail as an interface for the forthcoming Orange County Streetcar. The HUD-VASH PBV's shall include the following terms: Voucher Source: The three (3) HUD-VASH PBVs will be funded exclusively out of the tenant -based voucher program annual budget authority received by the Housing Authority from the U.S. Department of Housing and Urban Development (HUD). • Rents: The PBV Housing Assistance Payments ("HAP") Contract rents below are preliminary and contingent upon a reasonable rent determination to be conducted at the time of execution of the HAP Contract: 0 1 Bedroom - $1,599 0 2 Bedroom - $1,996 In accordance with HUD regulations and the Housing Authority's Housing Choice Voucher Program Administrative Plan, these rents are subject to review prior to the execution of a HAP Contract. Rents and income requirements for the remaining affordable units shall be based on the requirements of the federal Low Income Housing Tax Credit Program as administered by TCAC. City Council 16 — 51 12/7/2021 EXHIBIT 2 Page 14 • Annual Amount: The Project will receive PBVs for three (3) units: Unit Size Income No. Units Proposed Rent Total Annual Target Revenue 1-Br 30% AMI 1 $1,599 $19,188 2-Br 300% AMI 2 $1,996 $47,904 The estimated maximum annual amount received under this award is $67,092. These estimates assume 100% occupancy of the assisted units over the twelve- month period. Term: The HAP Contract will have a term of twenty (20) years. Any time before the expiration of the HAP Contract, the Developer may request an additional twenty (20) years, subject to a determination by the Housing Authority that it is appropriate to continue providing affordable housing for low-income families or to expand housing opportunities and HUD funding. Subsequent extensions are subject to the same requirements. Units Receiving PBV Assistance: The maximum number of units receiving PBV assistance will be three (3). General Provisions: The Agency's obligation to provide the Agency Assistance to the Project is subject to each of the following conditions: • Developer must provide proof that it has secured all of its remaining financing for the development of the Project before staff will return to the City Council and/or Housing Authority for consideration of the Loan Agreement and Ground Lease Agreement. • All provided funding and project requirements shall conform to the City's adopted Affordable Housing Funds Policies and Procedures, unless alternative requirements are expressly provided in the executed Loan Agreement, Ground Lease Agreement, or any other documents related to the development of the Project. • Approval of all required entitlements and discretionary actions, to allow the construction of a 12-unit affordable housing complex to be located at 801, 809, and 809%2 East Santa Ana Boulevard, Santa Ana, CA 92701. • The Agency's obligation to provide the Loan is and shall remain subject to all covenants, conditions, and restrictions set forth in the Loan Agreement, and in particular Agency's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. City Council 16 — 52 12/7/2021 EXHIBIT 2 Page 15 • Review and approval of the documents evidencing the Agency Loan by the City Council and/or Housing Authority, as applicable. • Review and approval of the documents evidencing the Ground Lease by the Housing Authority. • Execution of HAP Contracts and all necessary documents for the PBV's. • Project funding and PBV awards are predicated on the successful execution of a 99-year Ground Lease Agreement by the Developer with the Housing Authority. • Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. Developer, at its sole cost and expense, will be responsible for securing any and all permits and discretionary approvals that may be required for the Project by the City, Housing Authority, or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Notably, this pre -commitment letter shall not obligate the City or any department thereof to approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the construction, rehabilitation, installation or operation of the Project. This pre -commitment letter for the Project will expire on January 15, 2021. If you have any questions or require any additional information regarding this award letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667- 2241 or by e-mail at ibrown(a�santa-ana.org. Sincerely, Steven A. Mendoza Housing Authority Executive Director Attest: Maria D. Huizar Recording Secretary City Council 16 — 53 12/7/2021 EXHIBIT 3 ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM Au)vosoizs IIS,' Real Estate To: Judson Brown, Housing Division Manager Affordable Housing Economic Development City of Santa Ana ]BusuzKusLE A. Jerry Keyser From: Tim Bretz Timothy C. Kelly Debbie M. Kern David Doezema Date: October 6, 2021 Kevin Feeney Los Arun u LES Kathleen H. Head Subject: Francis Xavier Residence: Financial Gap Analysis James A. Rabe Gregory D. Soo-Hoo Kevin E. Engstrom Julie L. Romey Tim R. Bretz At your request, Keyser Marston Associates, Inc. (KMA) prepared a financial gap analysis SfkNDIEGO for the project proposed to be developed at 801— 809 % East Santa Ana Boulevard (Site) Paul C. Marra by HomeAid Orange County (HomeAid) and Mercy House (Mercy House), collectively referred to as "Developer." The Site is currently owned by the City of Santa Ana Housing Authority (Authority). As proposed, the project will include 17 units that will be restricted to extremely -low income households (Project). EXECUTIVE SUMMARY Background In 2018, the Developer responded to a request for proposals (RFP) issued by the City of Santa Ana (City) / Authority to provide financial assistance to affordable housing projects. The Developer proposed to construct a 12-unit permanent supportive housing (PSH) apartment project located on the Site. The City/Authority approved the Developer's proposal and agreed to provide the following financial assistance: 1. A $1.07 million loan of Low and Moderate Income Housing Asset Funds (LMIHAF); 500 SOUTH City Council 16 WWW.KEYSERMARSTON.COM 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 2 2. Three (3) Section 8 Project -Based Vouchers (PBVs) allocated to the Authority by the United States Department of Housing and Urban Development (HUD); and 3. To enter into a long-term ground lease with the Developer for the Site. Subsequent to the Authority's award, the Developer secured the following additional funding sources: 1. The Project was awarded a $1.56 million loan of No Place Like Home (NPLH) funds from the California Department of Housing and Community Development (HCD); 2. The Project was awarded a $2.05 million loan of Special Needs Housing Program (SNHP) funds from the County of Orange (County); 3. The Project was awarded an $832,000 loan from the Orange County Housing Trust Fund (OCHTF); 4. A $1.44 million Capitalized Operating Subsidy Reserve (COSR) for 8 units was awarded by HCD through the NPLH Program; and 5. A $630,000 COSR for four units was awarded by the County through the SNHP Program. Additional Financial Assistance Request After receiving the Authority's award of financial assistance, the Developer revised the proposed project to include 17 one -bedroom units instead of the 12 units previously proposed. In addition, the Developer received updated construction cost estimates, which increased the development budget for the Project. As such, per the information submitted by the Developer, the Project currently exhibits an additional unfunded financial gap. The Developer is requesting that the Authority provide $588,000 in additional financial assistance to the Project. Estimated Additional Financial Gap The purpose of this KMA analysis is to evaluate the Developer's request for an additional $588,000 in financial assistance. City Council 16 — 55 1j2LF12D2RIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 3 The results of the KMA financial gap analysis are compared to the Developer's financial proposal in the following table: KMA Developer Difference Total Construction Costs $6,898,000 $6,899,000 ($1,000) Outside Funding Sources 6,311,000 6,311,000 -0- Financial Gap $587,000 $588,000 ($1,000) As shown in the preceding table, KMA estimates the Project's additional financial gap at $587,000, which is approximately equal to the Developer's request for $588,000 in additional financial assistance from the Authority. However, it is important to note that the KMA and Developer estimates differ on a line item by line item basis. PROJECT DESCRIPTION The proposed scope of development can be described as follows: 1. The Site area totals 0.34 acres, or approximately 15,000 square feet of land area. 2. The Project includes 17 one -bedroom units, which equates to a density of 49 units per acre. 3. The Project's gross building area (GBA) is estimated at approximately 14,300 square feet. 4. The Project will include 12 garage parking spaces, which equates to 0.71 spaces per unit. 5. The Project's affordability mix is summarized as follows:1 1 H&SC = California Health and Safety Code income and rent definitions City Council 16 — 56 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana Francis Xavier Residence: Financial Gap Analysis October 6, 2021 Page 4 Extremely Low Income (ELI) H&SC 3 ELI H&SC / NPLH/SNHP @ 25% Median 8 ELI H&SC / SNHP @ 25% Median 1 ELI H&SC / SNHP @ 30% Median 4 Total Affordable Units 16 6. The Project will include one on -site manager's unit. 7. The Project's units are targeted towards homeless individuals. FINANCIAL GAP ANALYSIS KMA prepared a pro forma analysis to estimate the Project's additional financial gap. The analysis is located at the end of this memorandum, and is organized as follows: Table 1: Estimated Construction Costs Table 2: Stabilized Net Operating Income Table 3: Financial Gap Calculation Estimated Construction Costs (Table 1) KMA reviewed the Developer's August 27, 2021, pro forma and then independently prepared a pro forma analysis of the Project. The resulting construction costs are estimated as follows: Direct Costs The direct costs assume that the Project will not be subject to State of California and/or Federal Davis Bacon prevailing wage requirements. The direct costs applied in this analysis can be summarized as follows: 1. The on -site improvement costs are estimated at $25 per square foot of land area, or $375,000. City Council 16 — 57 126F12WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 5 2. The residential building costs are estimated at $220 per square foot of GBA, which equates to $3.15 million. 3. A $50,000 allowance for furnishings, fixtures and equipment is provided. 4. The contractor costs are estimated as follows: a. A 12% allowance for contractors' fees and general requirements is provided. b. An allowance for construction bonds / general liability insurance at 2% of construction costs is provided. 5. The Developer included an $814,000 direct cost contingency allowance, which equates to approximately 20% of other direct costs. While this contingency allowance is higher than typical, the current construction cost environment is extremely volatile. Recent projects have experienced exponential cost increases over the past year. In addition, the small size of the Project may limit the ability of the Developer to achieve economies of scale in terms of construction pricing. As such, KMA included a 20% direct cost contingency allowance in this analysis. KMA estimates the total direct costs at $4.88 million. This equates to $341 per square foot of GBA. Indirect Costs KMA utilized the following assumptions in estimating the indirect costs: 1. The architecture, engineering and consulting costs are estimated at 7% of direct costs. 2. The Developer estimated the public permits and fees costs at $533,000, or approximately $31,300 per unit. City staff should verify the accuracy of this estimate. 3. The taxes, insurance, legal and accounting costs are estimated at 3% of direct costs. City Council 16 — 58 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 6 4. An approximately $900 per unit allowance for marketing and leasing costs is provided, which equates to $15,000. 5. The Developer set the Developer Fee at $442,000, which is equal to 7% of the net construction costs.2 6. An indirect cost contingency allowance equal to 10% of other indirect costs is provided. KMA estimates the total indirect costs at $1.63 million. Financing Costs The financing costs for the Project are estimated as follows: 1. The construction period and absorption period interest costs are estimated at $235,000. These costs are based on the following assumptions: a. The construction period interest costs are based on a 5.05% interest rate, a 20-month construction period, and a 60% average outstanding balance. b. The absorption period interest costs are based on a four -month absorption period with a 100% average outstanding balance. 2. The financing fees for the construction loan are estimated at $35,000, which equates to 1.0 point. 3. The following capitalized reserves will be provided: a. A $60,000 capitalized operating reserve is provided, which equates to four months of operating expenses; and b. The Developer included a $57,000 transition reserve to satisfy the NPLH Program. KMA estimates the total financing costs at $387,000. z Net construction costs equate to the total construction costs less the developer fee amount. City Council 16 — 59 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 7 Total Construction Costs As shown in Table 1, KMA estimates the total construction costs at $6.90 million, which equates to approximately $405,800 per unit. The KMA estimate is approximately equal to the Developer's estimate. Stabilized Net Operating Income (Table 2) The Project's funding sources include NPLH funds, SNHP funds, OCHTF funds and LMIHAF funds. The Project's income and affordability standards must comport with the most stringent of the following: 1. Income Restrictions: The tenants' household incomes cannot exceed the stricter of: a. H&SC Section 50106 for extremely low income households; and b. The applicable income limits published by HCD for the NPLH and SNHP Program. 2. Affordability Restrictions: Rents applied to all of the units must reflect the more stringent of: a. H&SC extremely low income rents based on the calculation defined in Section 50053; and b. The applicable rents published by HCD for the NPLH and SNHP Program. Tenant -Paid Rents The rents used in this analysis are based on 2021 income and rent information published by HCD. Additionally, for the purposes of underwriting the project, the maximum tenant -paid rents are also limited to 30% of the monthly Supplemental Security Income allowance. The maximum allowable rents, net of the appropriate utility allowances, are estimated as follows:3 s The utility allowances are estimated at $31 for one -bedroom units. City Council 16 — 60 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana Francis Xavier Residence: Financial Gap Analysis October 6, 2021 Page 8 Rent Restriction 1-Bedroom H&SC ELI 30% Supplemental Security Income $249 H&SC Extremely Low Income $609 Applicable Rents $249 H&SC ELI / NPLH/SNHP @ 25% Median 30% Supplemental Security Income $249 H&SC Extremely Low Income $609 NPLH/SNHP @ 25% NPLH Median $599 Applicable Rents $249 H&SC ELI / SNHP @ 25% Median 30% Supplemental Security Income $249 H&SC Extremely Low Income $609 NPLH @ 25% NPLH Median $599 Applicable Rents $249 H&SC ELI / SNHP @ 30% Median 30% Supplemental Security Income $249 H&SC Extremely Low Income $609 SNHP @ 30% NPLH Median $725 Applicable Rents $249 The Authority will provide PBVs for three of the income -restricted units. The PBV payments are based on the difference between the rent paid by the tenant and the fair market rent (FMR) approved by HUD and published by the Authority. The 2021 payment standard is set at $1,718 per unit per month for a one -bedroom unit. City Council 16 — 61 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 9 In addition, the NPLH Program will provide a COSR for eight units in the Project, and the SNHP Program will provide a COSR for four units in the Project. Estimated Effective Gross Income KMA estimates the Project's effective gross income (EGI) at $196,200 based on the following: 1. The gross tenant -paid rents are estimated to total $53,200, which includes laundry and miscellaneous income estimated at $26 per unit per month. 2. The gross PBV and COSR subsidies are estimated to total $150,000. 3. A 7% vacancy and collection allowance is applied to the gross tenant -paid income and the PBV subsidy income. Estimated Operating Expenses The operating expenses are estimated at $180,800 based on the following: 1. The general operating expenses are estimated at approximately $5,700 per unit per year. 2. KMA assumes that the Developer will apply for the property tax abatement that is accorded to non-profit housing organizations that own and operate apartment units restricted to households earning less than 80% of the area median income. The property tax assessment overrides are estimated at $5,400. 3. The Developer estimates the social services expenses at $56,600, or $3,500 per affordable unit per year. 4. The NPLH Loan has a mandatory debt service payment equal to 0.42% of the NPLH Loan amount, which equals $6,600 per year. 5. The SNHP Loan has an annual fee of $7,500. 6. The replacement reserve deposits are set at $500 per unit per year, which is required by the NPLH Program. City Council 16 — 62 1j2LF12 d;2RIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 10 Estimated Stabilized Net Operating Income The Project's EGI is estimated at $196,200, and the operating expenses are estimated at $180,800. This results in estimated stabilized net operating income of $15,400. However, it is important to note, that once the COSR funds are fully disbursed, the Project's NOI will become negative. This will likely occur between Years 15 — 20. At that time, the Project's affordability requirements may need to be re-evaluated to ensure operational feasibility. Financial Gap Calculation The financial gap is estimated by deducting the available outside funding sources from the Project's total construction costs. The outside funding sources anticipated to be received by the Project are described in the following sections of this memorandum. Available Outside Funding Sources Permanent Loan The Project's NOI could potentially support a $138,000 permanent loan. However, the NOI consists primarily of COSR subsidy, and it is unclear if permanent lenders would be willing to underwrite a permanent loan using this revenue source. In addition, due to the added restrictions imposed by permanent lenders, KMA generally does not recommend taking out a permanent loan less than $500,000. As such, a permanent loan is not included in the Project. NPLH Loan The Developer was awarded a $1.56 million NPLH Loan for capital costs. 401.12111119:7i' The Developer was awarded a $2.05 million SNHP Loan for capital costs. OCHTF Loan The Developer was awarded an $832,000 OCHTF Loan. City Council 16 — 63 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 11 Wells Fargo Contribution The Developer anticipates receiving a $25,000 contribution from Wells Fargo. Deferred Developer Fee The Developer is proposing to defer $70,000, or 16% of the total Developer Fee that is included in the Project's construction costs. The deferred amount will be repaid from the Developer's share of residual receipts generated by the Project over time. Developer Fundraising / In -Kind Contributions The Developer anticipates obtaining $704,000 in fundraising dollars and/or in -kind contributions. Previously Committed Authority Funds The Authority previously awarded a $1.07 million loan to the Project. Total Available Outside Funding Sources As shown in Table 3, the outside funding sources available to the Project are estimated at $6.31 million. Financial Gap Calculation Based on the preceding analysis, KMA estimates the Project's additional financial gap as follows: Total Construction Costs $6,898,000 (Less) Total Available Funding Sources (6,311,000) Financial Gap $587,000 Per Unit $34,500 As shown in the preceding analysis, KMA estimates that the Project exhibits a $587,000 additional financial gap, which is approximately equal to the Developer's $588,000 request for additional financial assistance from the Authority. City Council 16 — 64 1202WRIB 19090.017.010 Judson Brown, City of Santa Ana October 6, 2021 Francis Xavier Residence: Financial Gap Analysis Page 12 It is important to note that the additional financial gap can be primarily attributed to a higher than typical direct cost contingency allowance. However, given the extreme volatility in construction costs and the small size of the Project, KMA concurs that the Developer's contingency allowance is reasonable under the current conditions. CONCLUSIONS / ISSUES FOR CONSIDERATION The following summarizes the conclusions of the KMA analysis: 1. Based on the currently available information, it is KMA's conclusion that the Developer's request for $588,000 in additional financial assistance is warranted by the Project's economics. 2. The construction industry is currently experiencing substantial volatility with regards to material and labor prices. While the construction costs appear reasonable, it is uncertain how construction costs will change over the next year. As such, KMA recommends that the City require the Developer to obtain three general contractor bids prior to selecting a general contractor. The three bids should be provided to the City for review and approval. It is important to note that once the COSR funds are fully disbursed, the Project's NOI will become negative. This will likely occur between Years 15 — 20. At that time, the Project's affordability requirements may need to be re-evaluated to ensure operational feasibility. City Council 16 — 65 1202WRIB 19090.017.010 TABLE 1 ESTIMATED CONSTRUCTION COSTS FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Direct Costs Site Improvements Residential Building Costs Furnishings, Fixtures & Equipment Contractor Fees / General Requirements General Liability Insurance / Contt Bonds Contingency Allowance Total Direct Costs II. Indirect Costs Architecture, Engineering & Consulting Permits & Fees Taxes, Ins., Legal & Accounting Marketing & Leasing Developer Fee Contingency Allowance Total Indirect Costs III. Financing Costs Interest During Construction Financing Fees Construction Loan Capitalized Reserves Operating Reserve NPLH Transition Reserve Total Financing Costs 1 IN 15,000 Sf Land 14,321 Sf GBA 12.0% Construction Costs 2.0% Construction Costs 20.0% Other Direct Costs 14,321 Sf GBA $2S /Sf Land $375,000 $220 /Sf GBA 3,151,000 50,000 423,000 71,000 814,000 $341 /Sf GBA $4,884,000 7.0% Direct Costs 17 Units $31,353 /Unit 3.0% Direct Costs 17 Units $882 /Unit 3 7% Net Construction Costs 10.0% Other Indirects 4 s $3,493,000 Loan Amount $3,493,000 Loan Amount S.OS% Interest 1.00 Point 4 Months Operating Expenses & Debt Svc Pmts $342,000 533,000 147,000 15,000 442,000 148,000 $1,627,000 $235,000 35,000 60,000 57,000 $387,000 IV. JTotal Development Costs 17 Units $405,800 /Unit $6,898,000 1 Estimates assume prevailing wage requirements will not be imposed on the Project. 2 Based on Developer estimate. The estimate should be verified by City staff. 3 Per Developer. Net construction costs equate to the total construction costs less the developer fee. 4 Based on a 20-month construction period with a 60% average outstanding balance; and a 4-month absorption period with a 100% average outstanding balance. 5 Based on Developer estimate. Prepared by: Ke rGftyAGOURdtiates, Inc. 16 - 66 12/7/2021 Filename: Francis Xavier Residence PF_8 27 21.x1sm; Pro Formaw 3 PBV; trb 1 of 12 TABLE 2 STABILIZED NET OPERATING INCOME FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Gross Residential Income 1 Manager's Unit ELI H&SC/PBV 1-Bedroom Units @ (S00-Sf) ELI H&SC/NPLH @ 2S% Median/SNHP/NPLH COSR 1-Bedroom Units @ (S00-Sf) ELI H&SC/SNHP @ 2S% Median 1-Bedroom Units @ (S00-Sf) ELI H&SC/SNHP @ 30% Median/SNHP COSR 1-Bedroom Units @ (S00-Sf) PBV/COSR Subsidies ELI H&SC/PBV 1-Bedroom Units @ (S00-Sf) NPLH COSR 2 SNHP COSR 2 Gross Income Laundry/Miscellaneous Income (Less) Vacancy Allowance Effective Gross Income 1 Unit $0 /Unit/Month $0 3 Units $249 /Unit/Month 9,000 8 Units $249 /Unit/Month 23,900 1 Unit $249 /Unit/Month 3,000 4 Units $249 /Unit/Month 12,000 3 Units $1,469 /Unit/Month 8 Units 4 Units 17 Units 17 Units $26 /Unit/Month 7.0% Tenant -Paid Income + PBV Subsidy S2,900 6S,000 $198,300 S,300 (7,400) $196,200 II. Operating Expenses General Operating Expenses 17 Units $S,6S6 /Unit $96,200 Property Taxes 3 17 Units $318 /Unit S,400 Supportive Services 16 Units $3,S40 /Affordable Unit S6,600 NLPH Annual Fee 4 $1,S63,000 NPLH Loan 0.42% NPLH Loan 6,600 SNHP Annual Fee 5 7,S00 Replacement Reserve 17 Units $S00 /Unit 8,S00 Total Operating Expenses 17 Units $10,63S /Unit $180,800 III. INet Operating Income $15,400 1 Based on Orange County 2021 Incomes distributed by HUD/HCD. As pertinent, the rents are based on rents published in 2021 by HCD, CA H&SC Section SOOS3, and 30% of SSI. Utility Allowances per the Developer: $31 for 1-Bdrm units. 2 Per KMA COSR analysis. See TABLE S. The final amounts will be determined by HCD and CaIHFA. 3 Based on the assumption that the Developer will receive the property tax abatement accorded to non-profit housing organizations that own and operate apartment units restricted to households earning less than 80% of the area median income. 4 Based on the requirements of the No Place Like Home (NPLH) Program. 5 Based on the requirements of the Special Needs Housing Program (SNHP). Prepared by: Ke rGftyAGOURdtiates, Inc. 16 - 67 12/7/2021 Filename: Francis Xavier Residence PF_8 27 21.x1sm; Pro Formaw 3 PBV; trb 2 of 12 TABLE 3 FINANCIAL GAP CALCULATION FRANCIS XAVIER RESIDENCE SANTA ANA, CALIFORNIA I. Available Funding Sources 1 NPLH 2 SNHP 2 OCHTF 2 Wells Fargo Contribution 3 Deferred Developer Fee 3 Developer Fundraising / In -Kind Contributions 3 Previously Committed Housing Authority Funds 4 Total Available Funding Sources II. Financial Gap Calculation Total Available Funding Sources (Less) Total Construction Costs 8 NPLH Units $19S,37S /NPLH Unit $1,563,000 13 SNHP Units $1S7,462 /SNHP Unit $2,047,000 $832,000 $25,000 16% Total Developer Fee $70,000 $704,000 $1,070,000 $6,311,000 (6,898,000) $6,311,000 III. lAdditional Financial Surplus / (Financial Gap) 17 Units ($34,500) /Unit ($587,000) 1 The maximum permanent loan supported by the Project's NOI is estimated at $138,000. This assumes a fully amortized 1S-year term. However, given the added restrictions imposed by permanent lenders, KMA recommends that projects avoid taking out permanent loans less than $S00,000. 2 Based on award documentation 3 Based on Developer estimate. 4 Per City award letter. 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U +N+ m C U N OJ ZQ W VI +N+ +N+ +N+ ` �E •� UU f0 Vf i LL LL CC C OJ -o' OJ T IAA QQ f0 O VI C Q z= w 0- = C LLI Q f0 N 7 7 N L r- m E m m m tD Q� "' Q D_ a x Y tD °\ m ar c O .> c c a O bc° m O E m v v O T > Y Y O ° o¢¢ ar a V V a Q� Q a a' Z vz C w in U m u ar Q Q x D_ m � 2 Z £ L L O v c 7 N N O O O_ D_ 2 O_ Y Y •bA C OJ -O = •bD C OJ -O Z 3 O O 0] f0 N N 7 J Z OJ O 1 N C C Z w C C W V Q Z w w U� c-I J W O (D D_ to Z to CC Z Z m¢ W Vf m¢ W x Z H m a Q Z H Z N ti AAV MII:1kWJ LOAN AGREEMENT by and between the HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSOR AGENCY and Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. (801, 807, 809 and 809 1/z E. Santa Ana Blvd., Santa Ana, California) Dated: , 2021 City Council 16 — 78 12/7/2021 LOAN AGREEMENT by and between the HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSORAGENCY and Shelter Providers of Orange County, Inc. DBA IlomeAid Orange County, Inc. (801, 807, 809 and 809 '/z 'E. Santa Ana Blvd., Santa Ana, California) Dated: , 2021 �XHI T 4 1495245.3 City Council 16 – 79 12/7/2021 AAV MII:1kWJ LOAN AGREEMENT HOUSING SUCCESSOR AGENCY FUNDS THIS LOAN AGREEMENT ("Agreement") dated, for identification purposes only, as of , 2021, is made and entered into by and between the Housing Authority of the City of Santa Ana (CA093), acting as the Housing Successor Agency, a public body, corporate and politic ("Agency"), and Shelter Providers of Orange County, Inc., DBA HomeAid Orange County ("Developer") with reference to the following: RECITALS: A. The Agency is authorized by the Community Redevelopment Law of the State of California (Health and Safety Code section 33000, et seq.) ("CRL") to expend funds to increase the supply of very low and low income housing available at affordable housing costs. In part to further this goal, the Agency has created the Merged Project Areas, within the City (the "Project Area"), and adopted a Redevelopment Plan for the redevelopment of the Project Area. In accordance with Section 33334.2, et seq., of the CRL, the Agency sets aside a portion of the tax increment revenues it receives from the Merged Project Area in a separate low and moderate housing asset fund, which the Agency uses for the construction, preservation, and rehabilitation of affordable housing for low income households. B. Developer requested financial assistance in connection with the proposed ground lease, development, construction, ownership, occupancy, and operation of a seventeen (17) unit affordable housing complex ("Project") to be located at 801, 807, 809 and 809 1/z E. Santa Ana Blvd., Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein ("Property"). Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; Seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the Area Median Income; and one (1) of the units is reserved for an on -site manager. Office space within the development will be provided for use as space for the case managers that will provide mental health services. On -site amenities will include a courtyard, community room and a lounge area. Mercy House Living Centers ("Mercy House") will manage the onsite manager. C. The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana ("Housing Authority") reviewed Developer's request for assistance and at the City Council/Housing Authority meeting on January 15, 2019, the Housing Authority Board authorized and approved issuance of a conditional, pre -commitment letter evidencing the preliminary award of $1,069,947 of funds to the Project ("Agency Loan"), to be funded exclusively from the Low and Moderate Income Housing Asset Fund (the "LMIHAF") held by the Agency. D. The amount of the Agency Loan was determined based upon the City and Agency's review of the Developer's request for the receipt of the Agency Loan and the development proforma and projected cash flows for the Project submitted by the Developer to the City/Agency as of January, 2019 ("Proforma"). The Housing Authority's Executive City Council 16 — 80 12/7/2021 AAV MII:1k0J Director has authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the Agency Loan is not materially increased or extended. E. Developer requested an additional $587,000 from the Agency in order to offset a portion of the additional construction costs associated with the Project due to the increased costs of labor and materials since January 15, 2019. F. The Agency desires to increase the pre -commitment letter to Developer in order to make possible the development and construction of the Project, thereby expanding the supply of decent, safe, sanitary and affordable housing within the City. G. In furtherance of the CRL and the Redevelopment Plan, Developer has applied to the Agency fora loan with which to: (1) Lease, develop and construct the Project, and (2) thereafter to maintain, operate and professionally manage the Project as decent, safe, sanitary and affordable rental housing. H. The Agency, on certain terms and conditions, desires to make such Agency Loan to Developer in order to make possible the lease, development, construction, ownership, maintenance and operation of the Project, thereby expanding the supply of decent, safe, sanitary and affordable housing within the City. L If there is any inconsistency between State, and local guidelines with regard to any of the terms and conditions contained herein, the more stringent shall apply. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Agency and Developer agree as follows: 1. DEFINITIONS AND INTERPRETATION 1.1 Defined Terms. All capitalized terms used herein, including, without limitation, in the Recitals above and in all other Project Documents, unless otherwise expressly defined, are defined where first used in this Agreement and/or as set forth in this Article 1. "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). "Affordability Restrictions on Transfer of Property" means that certain document affecting real property benefiting the Agency, attached hereto and incorporated herein as Exhibit B. "Affordable Housing" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code and the U.S. Department of Housing and Urban Development (HUD): City Council 16 — 81 12/7/2021 Very Low -Income Households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Median Income for the Area adjusted for family size appropriate for the unit. Extremely -Low Income Households. Thirty (30) percent of the income of a household earning no more than thirty (30) percent of the Median Income for the Area for rental units, adjusted for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code and HUD, the fractions specified by HUD shall control. "Affordable Rent" means the Health and Safety Code extremely low income rents based on the calculation defined in Section 50053 and income limits published by the Department of Housing and Community Development. "Agency" means the Housing Authority of the City of Santa Ana, acting as the Housing Successor Agency, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the CRL. The principal office of the Agency is located at 20 Civic Center Plaza, Santa Ana, California 92702. "Agency" shall also refer to the City where the context dictates, to the effect that City shall have all rights granted to the Agency hereunder. "Agency Deed of Trust" means the deed of trust encumbering the Property, in the form attached hereto as Exhibit C, to be executed by Developer pursuant to Section 4.1(e)(iii) in order to secure the Agency Loan Note. "Agency Loan" means a loan in the original principal amount of up to One Million Six Hundred Fifty -Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00) to be made to Developer by the Agency to be funded exclusively from the Low and Moderate Income Housing Asset Fund held by the Agency. "Agency Promissory Note" means that certain promissory note for Agency Loan funds in the original principal amount of $1,656,947.00 in the form attached hereto as Exhibit D, and to be executed by Developer in favor of Agency to evidence the obligation of Developer to repay the Agency Loan through residual receipts as further described in the Agency Promissory Note. "Building Permit" means the building permit(s) issued by City and required for the construction. "Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday on which Santa Ana City Hall is open to the public for the conduct of City affairs. "Calendar Year" means each consecutive twelve (12) month period from January 1 to December 31. "Certificate of Completion" has the meaning set forth in Article 13. City Council 16 — 82 12/7/2021 AAV MII:1kWJ "City" means the City of Santa Ana, California, a charter city and municipal corporation. "City" shall also refer to the Agency where the context dictates, to the effect that the Agency shall have all the rights granted to the City hereunder. "City Project Manager" shall mean the City's Housing Manager and/or his/her designee. "Close of Escrow" shall mean the date upon which the Agency Loan Agreement and Agency Deed of Trust is recorded in the Official Records of the County. "County" means the County of Orange, California. "Developer" means Shelter Providers of Orange County, Inc. DBA HomeAid Orange County. "Developer's Representative" shall mean a representative of the designated from time to time by the Executive Director of Developer or his/her designee. Agency Loan. "Escrow" is the escrow opened for the closing of the Senior Loan and "Escrow Holder" is Commonwealth Land Title Company. "Event of Default" has the meaning set forth in Section 6.1. "Excluded Transfer" shall have the meaning set forth in the Ground Lease. "Extremely Low Income" means an adjusted income which does not exceed thirty percent (30%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development and in accordance with Sections 50052.5 and 50053 of the Health & Safety Code. "Force Majeure Event" shall have the meaning given such term in Section 2.3 below. "Governmental Authority" means any governmental or quasi - governmental agency, board, bureau, commission, department, court, administrative tribunal or other instrumentality or authority, and any public utility. "Ground Lease" means that certain Ground Lease dated 2021 by and between Agency and Developer. "Hazardous Materials" means flammable materials, explosives, radioactive materials, hazardous wastes, toxic substances and similar substances and materials, including all substances and materials defined as hazardous or toxic wastes, substances or materials under any applicable law, including without limitation the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., and the City Council 16 — 83 12/7/2021 AAV MII:1kWJ Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended. Hazardous Material shall not include (i) construction products, household cleaners and office materials of the type and quantity ordinarily used in the normal construction, operation, ownership, occupancy and maintenance of properties similar to the Project or (ii) small amounts of household mold to the extent promptly remediated upon discovery. "Housing Authority" means the Housing Authority of the City of Santa Ana (CA093), a public body, corporate and politic. "HUD" means the United States (U.S.) Department of Housing and Urban Development, and any successors or assigns thereof. "Improvements" means all improvements and fixtures now and hereafter comprising any portion of the Property, including, without limitation, landscaping, trees and plant materials; and offsite improvements, as required through the City of Santa Ana Planning and Building Agency entitlement process. "Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Authority. "Legal Challenge" means any challenge (legal, administrative, court or governmental order, or otherwise) by any Person(s) to the legality or validity of all or any portion of the Agency's approval of the Lease, the Improvements or the Project, or to the use of the Property for the Project, or to attack, set aside, void or annul any approval of the City concerning the Agency Loan, the Improvements or the Project. "Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance of any kind, including any conditional sale or other title retention agreement, any lease in the nature thereof, and any agreement to give any lien or security interest. "Loan Documents" or "Agency Loan Documents" means, collectively, this Agreement, the Agency Promissory Note, the Agency Deed of Trust, and the Affordability Restrictions on Transfer of Property, and any other agreement, document, or instrument that the Agency reasonably requires in connection with the execution of this Agreement or from time to time to effectuate the purposes of this Agreement. "Low Income" means an adjusted income which does not exceed eighty percent (80%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD) and in accordance with Sections 50052.5 and 50053 of the Health & Safety Code. "Median Income for the Area" means the median income for the Orange County, California PMSA as most recently determined by HUD. Also may be referred to interchangeably in the Agency Loan Documents as "Area Median Income" or "AMP'. City Council 16 — 84 12/7/2021 AAV MII:1kWJ "NPLH" means the No Place Like Home Program administered by the State of California Department of Housing and Community Development. "NPLH Lender" means "NPLH Loan" means a loan from NPLH Lender to be made subsequent to the issuance of a Certificate of Completion for payment to, among other things, refinance the PWB Construction Loan, and shall include any subsequent loan that permanently refinances the NPLH Loan. "NPLH Loan Deed of Trust" means the deed(s) of trust securing the NPLH Loan by encumbering the Property. "NPLH Loan Documents" means, collectively, the loan agreement governing the NPLH Loan, the NPLH Loan Note, the NPLH Loan Deed of Trust, and any other agreement, document or instrument that NPLH requires in connection with the NPLH Loan. "NPLH Loan Note" means the promissory note evidencing the NPLH Loan from NPLH. "OCHFT" means the Orange County Housing Finance Trust. "OCHFT Loan" means a loan from the OCHFT concurrent to the Agency Loan for payment of a portion of the acquisition and construction costs, and shall include any subsequent loan that permanently refinances the OCHFT Loan. "OCHFT Loan Deed of Trust" means the deed(s) of trust securing the OCHFT Loan by encumbering the Property. "OCHFT Loan Documents" means, collectively, the loan agreement governing the OCHFT Loan, the OCHFT Loan Note, the OCHFT Loan Deed of Trust, and any other agreement, document or instrument that OCHFT requires in connection with the OCHFT Loan. "OCHFT Loan Note" means the promissory note evidencing the OCHFT Loan from OCHFT. "Project" means the construction of the Improvements upon the Property by Developer pursuant to this Agreement. "Project Budget" means the line -item budget for the Project attached hereto as Exhibit E, as modified from time to time in accordance with this Agreement. "Project Costs" means all costs of any nature incurred in connection with the Project in accordance with generally accepted accounting principles. City Council 16 — 85 12/7/2021 AAV MII:1k0J "Property" means the Developer's leasehold interest in the property that is located at 801, 807, 809 and 809 1/z E. Santa Ana Blvd. in the City of Santa Ana, and as more fully described in the "Legal Description" of the Property attached hereto as Exhibit A and incorporated herein by reference. "PWB" means Pacific Western Bank. "PWB Loan" means a loan from PWB concurrent to the Agency Loan for payment of a portion of the acquisition and construction costs, and shall include any subsequent loan that permanently refinances the PWB Loan. "PWB Loan Deed of Trust" means the first deed(s) of trust securing the PWB Loan by encumbering the Property. "PWB Loan Documents" means, collectively, the loan agreement governing the PWB Loan, the PWB Loan Note, the PWB Loan Deed of Trust, and any other agreement, document or instrument that PWB requires in connection with the PWB Loan. "PWB Loan Note" means the promissory note evidencing the PWB Loan from PWB. "Scope of Work/Schedule of Performance" means the detailed statement of the work to be performed by Developer on and to the Property pursuant to this Agreement, along with the Schedule of Performance setting forth timeframes for certain tasks, which document is attached hereto as Exhibit F. Trust. Documents. "Senior Construction Loan Lender" means PWB. "Senior Construction Loan" means the PWB Loan. "Senior Construction Loan Deed of Trust" means the PWB Deed of "Senior Construction Loan Documents" means the PWB Loan "Senior Construction Loan Notes" means the PWB Note. "Senior Lenders" means the Senior Construction Loan Lender. "Senior Loan Deed of Trust" means the Senior Construction Loan Deed of Trust and the Senior Permanent Loan Deed of Trust. "Senior Loan" means the Senior Construction Loan. "Senior Loan Documents" means collectively the Senior Construction Loan Documents and the Senior Permanent Loan Documents. City Council 16 — 86 12/7/2021 "Senior Notes" means collectively the Senior Construction Loan Notes and the Senior Permanent Loan Notes. "SNHP" means the Special Needs Housing Program. "SNHP Lender" means "SNHP Loan" means a loan from SNHP to be made subsequent to the issuance of a Certificate of Completion for payment to, among other things, refinance the PWB Construction Loan, and shall include any subsequent loan that permanently refinances the SNHP Loan. "SNHP Loan Deed of Trust" means the deed(s) of trust securing the SNHP Loan by encumbering the Property. "SNHP Loan Documents" means, collectively, the loan agreement governing the SNHP Loan, the SNHP Loan Note, the SNHP Loan Deed of Trust, and any other agreement, document or instrument that SNHP requires in connection with the SNHP Loan. "SNHP Loan Note" means the promissory note evidencing the SNHP Loan from SNHP. "Term of Affordability" means the terms and conditions contained herein shall remain in effect for fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. "Very Low Income" means an adjusted income which does not exceed fifty percent (50%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development and in accordance with Sections 50052.5 and 50053 of the Health & Safety Code. 1.2 Singular and Plural Terms. Any defined term used in the plural in this Agreement shall refer to all members of the relevant class and any defined term used in the singular shall refer to any number of the members of the relevant class. 1.3 References and Other Terms. Any reference to this Agreement shall include such document both as originally executed and as it may from time to time be modified. References herein to Articles, Sections and Exhibits shall be construed as references to this Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears. The term "document" is used in its broadest sense and encompasses agreements, certificates, opinions, consents, instruments and other written material of every kind. The terms "including" and "include" mean "including (include) without limitation." 1.4 Exhibits Incorporated. All attachments and exhibits to this Agreement, as now existing and as the same may from time to time be modified, are incorporated herein City Council 16 — 87 12/7/2021 AAV MII:1k0J by this reference. 2. SCOPE OF WORK/PROJECT BUDGET 2.1 Scope of Work/Schedule of Performance. A "Scope of Work" and "Schedule of Performance" for the Property is attached hereto as Exhibit F. Except as otherwise permitted by this Agreement, any material change to the Scope of Work/Schedule of Performance requested by the Developer shall be subject to the prior written approval of the City Project Manager except as a result of a Force Majeure Event. The Scope of Work/Schedule sets forth the construction work that shall be performed on the Property and timeframes for approvals of such work, as such may be extended due to Force Majeure Events. 2.2 Project Budget. A line -item budget for the Project, including a summary of statement of sources and uses of funds, is incorporated into Exhibit E ("Project Budget"). Except as otherwise permitted by this Agreement, any material change to the Project Budget requested by Developer shall be subject to the prior written approval of the City Project Manager. 2.3 Force Majeure Events. Notwithstanding specific provisions of this Agreement, performance hereunder shall not be deemed to be in default where delays or defaults are due to: war; terrorism; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; a Legal Challenge; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other parry; acts or failure to act of the Agency or any other Governmental Authority or entity (except that any act or failure to act of Agency shall not excuse performance by Agency); or any other causes beyond the reasonable control, or without the fault of the parry claiming an extension of time to perform (each a "Force Majeure Event"). An extension of time for any Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time the party claiming such extension gives notice to the other party, provided notice by the party claiming such extension is given within thirty (30) days after the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the Agency and the Developer. 3. AGENCY LOAN: 3.1 A2ency Loan Documents. The Agency Loan shall be evidenced by the Agency Promissory Note in the form attached hereto as Exhibit D. The Agency Loan shall be secured by the Agency Deed of Trust in the form attached hereto as Exhibit C. The terms and conditions of the Agency Loan are as set forth in the Agency Promissory Note. The Term of Affordability for the Project is fifty-five (55) years from the date of issuance of Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. 3.2 A2ency Funds. Subject to the terms and conditions of this Agreement, Agency agrees to make a loan to Developer from the Low and Moderate Income Housing City Council 16 — 88 12/7/2021 AAV MII:1kWJ Asset Fund ("LMIHAF") in the principal amount of up to One Million Six Hundred Fifty - Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00) for the lease, construction, ownership, operation, rehabilitation and other costs of the Project. 4. CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS 4.1 Conditions Precedent. Agency's obligation to disburse the loan is subject to the satisfaction of the following conditions precedent: (a) Housing Authority. Review and approval of the documents evidencing the Agency Loan by the Board of the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency. (b) Code Compliance. Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. (c) Environmental Review. Compliance with and completion of environmental review of the Project pursuant to the California Environmental Quality Act ("CEQA") and approval thereof. (d) Affordability Restrictions. The funding of $1,656,947.00 is from the Low and Moderate Income Housing Asset Fund, which requires legal restrictions that the Agency cannot amend or repeal. Sixteen (16) of the "Housing Units" at the Project shall and will be restricted to affordable rents referenced in the Affordability Restrictions on Transfer of Property containing conditions, covenants and restrictions executed by Developer and Agency for a period not less than fifty-five (55) years recorded against the Project in the Official Records, County of Orange, California. Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; Seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the Area Median Income; and one (1) of the units is reserved for an on -site manager. (e) Loan Documents. Developer shall have delivered to the Escrow Holder, signed by the authorized officer or officers of Developer, with such signature(s) acknowledged where necessary, each of the following documents: (i) this Agency Loan Agreement; (ii) the Agency Promissory Note ($1,656,947.00); (iii) the Agency Deed of Trust; and, (iv) the Affordability Restrictions on Transfer of Property. (f) Title Insurance. Agency shall have received an American Land Title Association (ALTA) Extended Loan Policy (6-17-06), or evidence of a commitment therefore satisfactory to Agency, issued by Commonwealth Land Title Company and in form and substance satisfactory to Agency, together with all endorsements and binders City Council 16 — 89 12/7/2021 AAV MII:1kWJ required, naming Agency as the insured, in a policy amount of not less than the total Agency Loan Amount, showing Developer as the fee owner of the Property and insuring the Agency Deed of Trust to be a valid priority lien on the Property. Notwithstanding the foregoing, this Agreement, the Agency Promissory Note, and the Agency Deed of Trust shall all be subordinate to the Senior Loan Documents. (g) Affordability Restrictions on Transfer of PropeM. Developer shall have delivered to the Escrow Holder, in the form attached hereto as Exhibit B, the Affordability Restrictions on Transfer of Property pursuant to which, among other things, Developer agrees that the Property shall be used only for decent, safe, sanitary and Affordable Housing pursuant to the affordability requirements of California Health and Safety Code ("H&S") sections 50052.5 and 33334.3, as applicable. The Agency's Affordability Restrictions on Transfer of Property shall remain in superior position to the Senior Loan Documents and shall not be subordinated. (h) Documents Recorded. The Agency Deed of Trust and the Affordability Restrictions on Transfer of Property shall have been recorded in the Official Records of the County. (i) Request for Notice. For the benefit of Agency, Escrow Holder shall have recorded a request for notice of default of the Senior Construction Loan Lender (the "Request for Notice of Default"). 0) Insurance. Agency shall have received evidence satisfactory to the City Attorney that all of the policies of insurance required by the Ground Lease are in full force and effect. (k) Representations and Warranties. The representations and warranties of Developer contained in this Agreement and the other Loan Documents shall be correct in all material respects as of the Close of Escrow as though made on and as of that date, and if requested by the City Project Manager, Agency shall have received a certificate to that effect signed by Developer's Representative. (1) No Default. No Event of Default by Developer shall have occurred, and no event shall have occurred which, with the giving of notice or the passage of time or both, would constitute an Event of Default by Developer under this Agreement, and if requested by the City Project Manager, Agency shall have received a certificate to that effect signed by Developer's Representative. (m) The Agency's obligation to provide the Agency Loan is and shall remain subject to all covenants, conditions, and restrictions set forth in this Loan Agreement, and in particular Agency's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. 4.2 Disbursement Procedures for Loan. The Agency Loan proceeds shall be disbursed through Escrow to finance the lease, development, construction, operation and management of the Protect (as evidenced in the Protect Budget, attached as Exhibit E). The City Council 16 — 90 12/7/2021 Agency Loan proceeds shall not be used for any purpose other than for the purposes stated above, including Developer fee and soft costs related to the lease, development construction, ownership, occupancy and operation of the Project (as set forth in the Project Budget or otherwise subject to Agency's prior review). 4.3 First Disbursement. Agency's obligation to make the first disbursement of the Loan is subject to satisfaction of the following conditions precedent: (a) All grading permits shall have been issued or the City shall have issued a letter stating that Building Permits are ready to issue, subject only to payment of fees and the completion of grading of the Project site. (b) Developer shall have secured all necessary financing and funding for the construction and operation of the Project. Such financing and funding shall be sufficient to pay all Project development costs, through lease -up, as set forth in the final budget consistent with the approved Proforma (or as otherwise approved by the Agency). (c) Developer shall have provided evidence to the Agency that the Developer has obtained insurance policies and certificates or endorsements acceptable to the Agency, as described in this Agreement. (d) Developer shall have provided construction security in favor of the Agency, which may include a completion guarantee from Developer and/or a letter of credit and/or performance and payment bonds from the general contractor for the Project (or some combination of these), in an amount sufficient to ensure the Project will be completed and placed in service within the time set forth in the Project schedule approved by the Agency. (e) Developer shall submit and obtain the City Project Manager's approval of the construction contract, the identity and qualifications of the General Contractor and management, marketing and tenant selection plans for the Project. 4.4 Termination for Failure of Condition. If (a) any of the conditions set forth herein are not timely satisfied pursuant to the Schedule of Performance (subject to extension for Force Majeure Events and the expiration of applicable notice and cure rights), and (b) Agency is not in default under this Agreement, Agency may terminate this Agreement without any further liability on its part by giving written notice of termination to Developer. Upon the giving of such notice, all principal, interest and other amounts owing under the Agreement shall be due and payable. 4.5 Any Disbursement. Agency's obligation to make any disbursement of the Loan, including the first and final disbursements, is subject to the satisfaction of the following conditions precedent: (a) Satisfactory Progress- The City Project Manager shall be satisfied that, based on his/her own inspections or other reliable information, the construction is progressing satisfactorily in conformance with all applicable laws. City Council 16 — 91 12/7/2021 AAV MII:1k0J (b) Condition of Title. Either (i) the City Project Manager reasonably believes that no event has occurred since the Close of Escrow that would give rise to a colorable claim against the Property (e.g., a mechanic's lien) superior to the claim of Agency against the Property with respect to the subject disbursement, or if such claim is made, then City Project Manager shall receive satisfactory evidence that such claim has been bonded over until its resolution; or (ii) Agency must have received, at Developer's expense but payable out of the Loan proceeds from the title insurer who issued City's ALTA Loan Policy (2006 Form), all endorsements thereto then reasonably required by Agency (including, without limitation, priority of advance endorsements). (c) Representations and Warranties. The representations and warranties of Developer contained in this Agreement and the other Agency Loan Documents shall be correct in all material respects as of the date of the disbursement as though made on and as of that date. (d) No Default. No Event of Default by Developer shall remain uncured (unless, to the extent permitted under this Agreement, Developer is diligently taking action to cure such default). 4.6 Final Disbursement. Agency's obligation to disburse that portion of the Loan funds retained pursuant to Section 4.12 is subject to the satisfaction of the following additional conditions precedent: (a) Construction complete. The construction of the Project shall be substantially complete. (b) Certificate of Occupancy Issued. Any portion of the construction work requiring inspection or certification by any Governmental Authority shall have been inspected and certified as complete. Developer shall request that the City of Santa Ana Planning and Building Agency issue a Certificate of Occupancy, a copy of which shall be delivered to the City Project Manager, in order for final disbursement to occur. (c) Lien Free. At least one of the following shall have occurred: (i) Thirty-five (35) days shall have passed since the recording of a valid notice of completion for the construction, and no mechanic's or materialman's lien shall be outstanding; or (ii) Ninety-five (95) days shall have passed since actual completion of the construction, and no mechanic's or materialman's lien shall be outstanding, or Developer shall have bonded over any such lien to Agency's reasonable satisfaction. 4.7 Waiver of Conditions. The conditions set forth pertaining to Agency's obligation to make disbursements of the Loan proceeds are for Agency's benefit only and the City Project Manager may waive all or any part of such rights by written notice to Developer. 4.8 Disbursement Requests. The Loan proceeds shall be disbursed on a line - City Council 16 — 92 12/7/2021 AAV MII:1kWJ item by line -item basis in accordance with the Project Budget and subject to the conditions in this section. In no event shall Agency have any obligation to disburse any amount for any item in excess of the amount allocated to such item in the Project Budget. Disbursements shall be made only upon Developer's written request in the form of a Disbursement Request showing all costs which Developer intends to fund with such disbursement, itemized in such detail as Agency may reasonably require, accompanied in each case by (a) invoices and lien releases satisfactory to Agency, including in any event partial lien releases executed by each contractor and subcontractor who has received any payment for work performed, and (b) all other documents and information reasonably required by Agency. Disbursement Requests shall be submitted no less than ten (10) Business Days prior to the date of the requested disbursement, and shall not be submitted more often than monthly. Prior to each disbursement by Agency of proceeds of the loan, Developer shall deliver to Agency a draw request ("Draw Request"), and all required supporting information as required by the Agreement. Agency shall notify the Developer of approval or disapproval of each Draw Request within five (5) Business Days after receipt of the Draw Request, using the Agency's "Disbursement/Change Order Approval Notice". Agency shall have the right, but not the obligation, to discontinue processing Draw Requests unless and until receipt of notification from the other lenders of approval or disapproval of each outstanding Draw Request. 4.9 Manner of Disbursement. Agency may make any disbursement by check payable to Developer; or on a voucher basis; or by check payable jointly to Developer and any contractor, subcontractor or other claimant; or directly to any such claimant; or by any other means reasonably selected by Agency. 4.10 Cost Overruns. In the event that, at any time and for any reason, (a) the actual cost reasonably estimated by Developer to be required to complete all matters included in any line item in the Project Budget exceeds the amount allocated to that line item in the Project Budget, (b) Project Costs for any matters not covered by a specific line item have been or will be incurred, or (c) the undisbursed portion of the Loan proceeds and all other approved financing sources are or may be insufficient to pay all construction of the Project that may be payable under the Agency Loan Documents or otherwise in connection with the construction, Developer shall, within twenty (20) days after it receives written notice thereof from Agency of any of the foregoing matters, do one or more of the following: (a) provide satisfactory evidence to Agency that Developer has previously paid such excess or otherwise will provide for such insufficiency (collectively, the "Excess Cost") with funds or in -kind services, materials or other donations from a source other than the Agency Loan; or (b) reallocate sufficient funds to pay the Excess Cost from funds allocated to "Contingency" in the Project Budget. City Council 16 — 93 12/7/2021 Agency shall have no obligation to make further disbursements until Developer has paid or otherwise provided for the overrun as required above. 4.11 Cost Savings. Upon completion of and disbursement for all matters covered by any line items in the Project Budget, any remaining undisbursed amounts allocated to that line item shall be reallocated to "Contingency" and thereafter be available for disbursement in accordance with the terms of this Agreement. 4.12 Retaina2e. Agency will withhold a Retainage of 10% from each Disbursement for each of the Hard Cost line items of the Project Cost Breakdown (and other line items thereof designated for withholding of retainage) until all conditions to the final Disbursement of Hard Costs have been satisfied; provided that Agency shall disburse Retainage for a particular line -item of the Project Budget earlier if such work is complete, and such subcontractor performing such work has delivered unconditional, final and complete lien waivers. In lieu of Agency's withholding Retainage, Developer can by written notice to Agency elect not to draw any overhead or profit as would otherwise be permitted under the Construction Contract until such time as Retainage would otherwise have been released. 4.13 Waiver of Disbursement Conditions. Unless Agency otherwise agrees in writing, the making by Agency of any disbursement with knowledge that any condition to such disbursement is not fulfilled shall constitute a waiver of such condition only with respect to the particular disbursement made, and such condition shall be conditioned to all further disbursements until fulfilled. 4.14 Modification of Disbursement Conditions and Procedures. The City Project Manager shall have the authority to modify the disbursement conditions and procedures set forth herein in order to conform them to the payment provisions of the contract for construction. 4.15 Closing Costs and Fees. Developer shall pay (a) all escrow fees and charges, (b) all recording fees and charges on any document recorded pursuant to this Agreement, and (c) the premium for the title insurance required hereunder. 4.16 Other Terms and Conditions of Loan. (a) The Note shall become immediately due and payable, in the event of any of the following: 1) Failure to complete the Project within three (3) years of the date on which the Agency Deed of Trust is recorded, unless extended due to Force Majeure delays; 2) Violation of any of the use covenants and restrictions contained in this Agreement after the expiration of any applicable notice and cure periods; or, 3) An Event of Default by Developer which is not timely cured after expiration of any applicable notice and cure periods pursuant to the terms of this Agreement. City Council 16 — 94 12/7/2021 AAV MII:1kWJ 5. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF THE PROJECT 5.1 Affordability Requirements. Developer shall comply with the terms and provisions of the Affordability Restrictions on Transfer of Property in all material respects. 5.2 Maintenance of the Property. Developer shall maintain the Property in accordance with the Ground Lease. 5.3 Obligation to Refrain from Discrimination. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, disability, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer itself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The foregoing covenants shall run with the land and shall remain in effect for the term of the Agreement. 6. DEFAULTS AND REMEDIES 6.1 Event of Default. Failure or delay by either party to perform any term or provision of this Agreement within the time periods provided herein for such performance constitutes a default under the Agreement. If any party defaults in performance of its obligations, covenants or agreements hereunder, the defaulting party shall be entitled to cure the default in accordance with this section. The injured party shall give written notice of default to the party in default, specifying the default complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. The defaulting party must, within thirty (30) days following service of said written notice, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence. The occurrence of any of the following shall be deemed to be an event of default by Developer which is not cured within the applicable time period described therein ("Event of Default") hereunder: (a) failure by Developer to make any payments provided for herein, and if such default is not made good within ten (10) Business Days after Developer's receipt of written notice that such payment was not received when due; (b) failure by Developer to perform any nonmonetary covenant or agreement under this Agreement within thirty (30) days after written demand therefor by Agency (or, in the event that more than thirty (30) days is reasonably required to cure such default, should Developer fail to promptly any "Event of Default" by Developer under the Ground Lease, the Agency Deed of Trust, the Agency Note, or the Affordability Covenants and Restrictions commence such cure, and diligently and continuously prosecute same to completion); or (d) a default under any Senior Loan Deed of Trust that remains uncured after any applicable notice has been provided and the expiration of any applicable cure period therefore, if any, provided therein. 6.2 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default to recover City Council 16 — 95 12/7/2021 AAV MII:1k0J economic damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. 6.3 Ri2hts and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either parry of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other parry. 6.4 Damages. In the event that the Agency is liable for damages to Developer, such liability shall not exceed costs incurred by the Developer in the performance of this Agreement and shall not extend to compensation for loss of future income, profits or assets. 6.5 Nonrecourse Liability. Neither Developer, nor any member, partner, officer, director, employee, agent or representative of Developer, shall have any personal liability under this Agreement, or the attached Note and Deed of Trust, and any judgment, decree or order for the payment of money obtained in any action to enforce the obligation of Developer to repay the loan evidenced by such documents shall be enforceable against Developer only to the extent of Developer's interest in the Property. 7. GENERAL PROVISIONS AND WARRANTIES As a material inducement to Agency to enter into this Agreement, Developer represents and warrants as follows, which representations and warranties are made solely by Developer and not by or on behalf of any partner of Developer: 7.1 Formation, Oualification and Compliance. Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. is in compliance with all laws applicable to its business and has obtained all approvals, licenses, exemptions and other authorizations from, and has accomplished all filings, registrations and qualifications with, any Governmental Authority that are necessary for the transaction of its business. 7.2 Execution and Performance of Agency Loan Documents. 7.2.1 Developer has all requisite authority to execute and perform its obligations under the Agency Loan Documents. 7.2.2 The execution and delivery by Developer of, and the performance by Developer of its obligations under, each Loan Document that has been authorized by all necessary action and does not and will not: (a) require any consent or approval not heretofore obtained of any person having any interest in Developer; (b) violate any provision of, or require any consent or approval not heretofore obtained under, any articles of incorporation, by-laws or other governing document applicable to Developer; City Council 16 — 96 12/7/2021 AAV MII:1kWJ (c) result in or require the creation of any lien, claim, charge or other right of others of any kind (other than under the Agency Loan Documents) on or with respect to any property now or hereafter owned or leased by Developer; (d) to the best of its knowledge, violate any provision of any law presently in effect; or (e) constitute a breach or default under, or permit the acceleration of obligations owed under, any contract, loan agreement, lease or other agreement or document to which Developer is a party or by which Developer or any of its property is bound. 7.2.3 Developer is not in default, in any respect that is materially adverse to the interests of Agency under the Agency Loan Documents or that would have any material adverse effect on the financial condition of Developer or the conduct of its business, under any law, contract, lease or other agreement or document described in sub- paragraph (d) or (e) of the previous subsection. 7.2.4 No approval, license, exemption or other authorization from, or filing, registration or qualification with, any Governmental Authority is required which has not been previously obtained in connection with: (a) the execution by Developer of, and the performance by Developer of its obligations under, the Agency Loan Documents; and (b) the creation of the liens described in the Agency Loan Documents. 7.3 Financial and Other Information. To the best of Developer's knowledge, all financial information furnished to Agency by the Developer or any affiliate thereof with respect to Developer in connection with the Loan (a) is complete and correct in all material respects as of the date of preparation thereof, (b) accurately presents the financial condition of Developer, and (c) has been prepared in accordance with generally accepted accounting principles consistently applied or in accordance with such other principles or methods as are reasonably acceptable to Agency. To the best of Developer's knowledge, all other documents and information furnished to Agency by the Developer or any affiliate thereof with respect to Developer, in connection with the Loan, are correct and complete insofar as completeness is necessary to give the Agency accurate knowledge of the subject matter. To the best of Developer's knowledge Developer has no material liability or contingent liability not disclosed to Agency in writing and there is no material lien, claim, charge or other right of others of any kinds (including liens or retained security titles of conditional vendors) on any property of Developer not disclosed in such financial statements or otherwise disclosed to Agency in writing. 7.4 No Material Adverse Change. There has been no material adverse change in the condition, financial or otherwise, of Developer since the dates of the latest financial statements furnished to Agency. City Council 16 — 97 12/7/2021 AAV MII:1kWJ 7.5 Tax Liability. Developer has filed all required federal, state and local tax returns and has paid all taxes (including interest and penalties, but subject to lawful extensions disclosed to Agency in writing) other than taxes being promptly and actively contested in good faith and by appropriate proceedings. Developer is maintaining adequate reserves for tax liabilities (including contested liabilities) in accordance with generally accepted accounting principles or in accordance with such other principles or methods as are reasonably acceptable to Agency. 7.6 Governmental Requirements. To best of its knowledge, Developer is in compliance with all laws relating to the Property and all Governmental Authority approvals, including zoning, land use, planning requirements, and requirements arising from or relating to the adoption or amendment of, any applicable general plan, subdivision and parcel map requirement; environmental requirements, including the requirements of the California Environmental Quality Act and the National Environmental Policy Act, and the preparation and approval of all required environmental impact statements and reports; use, occupancy and building permit requirements; and public utilities requirements. 7.7 Ri2hts of Others. Developer is in compliance with all covenants, conditions, restrictions, easements, rights of way and other rights of third parties relating to the Property. 7.8 Litigation. There are no material actions or proceedings pending or, to the best of the Developer's knowledge, threatened against or affecting Developer or any property of Developer before any Governmental Authority, except as disclosed to Agency in writing prior to the execution of this Agreement. 7.9 Bankruptcy. To the best of Developer's knowledge, no attachments, execution proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings are pending or threatened against Developer, nor are any of such proceedings contemplated by Developer. 7.10 Information Accurate. To the best of Developer's knowledge, all information, regardless of its form, conveyed by Developer to Agency, by whatever means, is accurate, and correct in all material respects and is sufficiently complete to give Agency true and accurate knowledge of its subject matter, and does not contain any material misrepresentation or omission. 7.11 Conflicts of Interest. No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his/her personal interests or the interests of any corporation, partnership or association in which he/she has a direct or indirect financial interest. The Developer warrants that it neither has paid nor given, nor will pay or give, any third party any money or other consideration for obtaining this Agreement. 7.12 Nonliability of Agency Officials and Employees. No member, official or employee of the Agency shall be personally liable to the Developer in the event of any default or breach by the Agency or for any amount which may become due to Developer or on any City Council 16 — 98 12/7/2021 AAV MII:1kWJ obligations under the terms of this Agreement. 7.13 No Assignment. Developer expressly acknowledges and agrees that the Agency has only agreed to assist the Developer as a means by which to induce the construction/development of the Project. Accordingly, Developer further expressly acknowledges and agrees that this Agreement is a personal right of Developer that is neither negotiable, transferable, nor assignable except as set forth herein. Developer may assign some or all of its rights under the Agreement only with the prior written consent of the City Project Manager, except for any Excluded Transfers. 7.14 Applicable Law. This Agreement shall be interpreted, governed and enforced under federal and California state law with venue in Orange County, California. 7.15 Third Parties. This Agreement is made for the sole benefit of Developer and the Agency and their successors and assigns, and no other person or persons shall have any rights or remedies under or by reason of this Agreement or any right to the exercise of any right or power of the Agency hereunder or arising from any default by Developer, nor shall the Agency owe any duty whatsoever to any claimant for labor performed or materials furnished in connection with the construction of the Property. 7.16 Control of Property. The parties acknowledge that the Agency has not at any time participated in any manner in the management or operation of the Property, and will not so participate at any time hereafter. 8. CONDITIONS FOR CONSTRUCTION 8.1 Permits and Approvals. Developer shall diligently obtain all permits, including all Building Permits, licenses, approvals, exemptions and other authorizations of Governmental Authority required in connection with the construction and conversion of the Property. 8.2 Commencement and Completion of Construction. The construction of the Project shall be considered complete for purposes of this Agreement only when (a) all work described has been completed and fully paid for, and (b) all work requiring inspection or certification by Governmental Authority has been completed and all requisite certificates, approvals and other necessary authorizations (including required final certificates of occupancy) have been obtained. 8.3 Change Orders. The contract for construction shall not be modified except pursuant to change orders. All change orders in excess of $10,000: (a) Shall be in writing, numbered in sequence, signed by Developer and submitted to Agency prior to the proposed effectiveness thereof and accompanied by any working drawings and a written narrative of the proposed change; and, (b) Shall be subject to the City Project Manager's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing to the extent that any Change Order will be funded with City Council 16 — 99 12/7/2021 AAV MII:1kWJ funds or in -kind services, materials or other donations from a source other than the Agency Loan, Agency's consent shall not be required. 8.4 Entry and Inspection. At all times prior to completion of the construction, upon reasonable prior written notice and subject to reasonable job site safety rules, Agency and its agents shall have (a) the right of free access to the Property and all sites away from the Property where materials for the construction are stored, (b) the right to inspect all labor performed and materials furnished for the construction, and (c) the right to inspect and copy all documents pertaining to the construction. 8.5 Construction Information. From time to time during the course of the construction, within ten (10) Business Days following Agency's written demand therefore, Developer shall furnish requested reports of Project Costs, progress schedules and contractors' costs breakdowns for the construction, itemized as to trade description and item, showing the name of the contractor(s) and/or subcontractor(s), and including such indirect costs as real estate taxes, legal and accounting fees, insurance, architects' and engineers' fees, loan fees, interest during construction and contractors' overhead. 8.6 Protection Against Liens: Developer shall diligently file a valid Notice of Completion upon completion of the construction, diligently file a notice of cessation in the event of a cessation of labor on the construction for a period of thirty (30) days or more, and take all actions reasonably required to prevent the assertion of claims of lien against the Property. In the event that any claim of lien is asserted against the property or any stop notice or claim is asserted against the Agency by any person furnishing labor or materials to the Property, Developer shall immediately give written notice of the same to Agency and shall, promptly and in any event within ten (10) Business Days after written demand therefor, (a) pay and discharge the same, (b) effect the release thereof by delivering to Agency a surety bond complying with the requirement of applicable laws for such release, or (c) take such other action as Agency may require to release Agency from any obligation or liability with respect to such stop notice or claim. 9. PROJECT COVENANTS 9.1 Affordable Rent Schedule. The rents shall be determined in accordance with the Affordability Restrictions on Transfer of Property. 9.2 Oualification as Affordable Housing. As more particularly provided in the Affordability Restrictions on Transfer of Property, Developer shall use, manage and operate the Property in accordance with the requirements of California Health and Safety Code section 50052.5 so as to qualify the housing on the Property as Affordable Housing with Affordable Rents. 9.3 Local Preference. The Project consists of sixteen (16) permanent supportive housing units for chronically homeless individuals and families. All individuals and families must be chronically homeless and preference should be given to residents of the City of Santa Ana. Local preference for Santa Ana residents and workers in tenant selection shall be a requirement of the Project. Subject to the prohibition of discrimination and the granting of preferences in housing occupancy imposed by federal laws and City Council 16 — 100 12/7/2021 regulations, the State of California, and by the City of Santa Ana Affordable Housing Funds Policies and Procedures, the Developer shall use its best efforts to lease units in the following order of priority: 9.3.1 First priority shall be given to persons who have been permanently displaced or face permanent displacement from housing in Santa Ana as a result of any of the following: 9.3.1.1 A redevelopment project undertaken pursuant to California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) -- applicable only to projects funded by the Low and Moderate Income Housing Asset Fund. by property owner; or 9.3.1.2 Ellis Act, owner -occupancy, or removal permit eviction; 9.3.1.3 Earthquake, fire, flood, or other natural disaster; 9.3.1.4 Cancellation of a Housing Choice Voucher HAP Contract 9.3.1.5 Governmental Action, such as Code Enforcement. 9.3.2 Second priority shall be given to persons who are either: 9.3.2.1 Residents of Santa Ana and/or 9.3.2.2 Working in Santa Ana at least 32 hours per week for at least the last 6 months. 9.4 Application and Financial Preparedness. Developer shall submit for review and approval by the Agency a booklet to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the affordable units. Developer shall also work with the Agency to hold a minimum of two (2) workshops to be coordinated by the Developer at least twelve (12) months prior to the initial leasing of the affordable units. 9.5 Handicapped Accessibility. Developer shall comply with: (a) Section 504 of the Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C; and (b) the Americans with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to make the Project readily accessible to and usable by individuals with disabilities. 9.6 Onsite Supportive Services, Programs and Amenities. Developer shall provide residents of the Project access to information regarding discounted or no -cost onsite supportive services, programming, and amenities that promote child development, youth development, and economic mobility, and include, but are not limited to health and wellness services, transportation services, social activities, and physical or recreational amenities as expressly set forth in and required by the Affordability Restrictions on City Council 16 — 101 12/7/2021 Transfer of Property. 9.7 Lead -Based Paint. Developer shall comply with the requirements, as applicable of the Lead -Based Paint Poisoning Prevention Act. 9.8 Equal Opportunity and Fair Housing. Developer shall carry out the construction and perform its obligations under this Agreement in compliance with all of the state and federal laws and regulations regarding equal opportunity and fair housing. Developer must also follow the requirements of California Health and Safety Code section 33435. 9.9 Property Standards. Developer shall cause the Property to meet all applicable local, state and federal codes and ordinances, including zoning ordinances. Developer shall also cause the Property to meet the current edition of the Model Energy Code published by the Council of American Building Officials. 9.10 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. In recognition of the Agency's desire to optimize the energy efficiency of the Project, Developer agrees to consult with the Project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low- rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by the HUD minimum construction standards. 9.11 Maintenance. At all times during the term of this Agreement, Developer shall cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair and in accordance with the terms of the Ground Lease. Developer shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. Agency, and any of its employees, agents, contractors or designees, shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. 9.12 Management Plan. Prior to issuance of a Certificate of Occupancy, Developer shall submit for the reasonable approval of the Agency a "Management Plan" that sets forth in detail Developer's property management duties, a tenant selection process in accordance with this Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide onsite property management services at the Property, and other matters relevant to the management of the Property. 9.13 Crime Free Housing. Developer shall work with Agency staff to develop a crime free housing policy, procedure, and design plan. 9.14 Onsite Parking Management Plan. Developer shall provide onsite City Council 16 — 102 12/7/2021 parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of a Certificate of Occupancy, Developer shall submit a Parking Management Plan which will include but not be limited to: 1) a list of requirements for any tenants who park their vehicles on -site; 2) pre -conditions and ongoing conditions associated with all on -site parking; and 3) towing policies and practices of management. Developer shall obtain approval from the Agency for said plan. 9.15 Conflict of Interest. Developer shall comply with and be bound by the conflict of interest provisions set forth in all applicable state regulations pertaining to conflict of interest. 9.16 Monitoring. Developer shall allow the Agency to conduct periodic inspections of each of the assisted units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the Agency while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the sole discretion of the Agency. 9.17 Recertification of Tenant Income. (a) Developer shall take all necessary steps to review the income of all tenants prior to renting to them, as well as reviewing current tenants on an annual basis. At a minimum, every fifth (5th) year, Developer shall require new original income documents to be submitted by tenants. (b) Developer shall allow the Agency to conduct periodic reviews of tenant files and files relating to affirmative marketing and outreach to ensure the Project's compliance with this Agreement. (c) Agency assisted units continue to qualify as affordable housing despite a temporary non-compliance caused by increases in the incomes of existing tenants if actions satisfactory by the Developer are being taken to ensure that all vacancies are filled in accordance with this section until the non-compliance is corrected. 9.18 Controlling Covenants. If there is a discrepancy between local, state and federal law with regard to any of the aforementioned covenants, the more stringent shall apply. 10. NONDISCRIMINATION COVENANTS 10.1 Obligation to Refrain from Discrimination. Developer covenants and agrees that: (a) In Use of Property. There shall be no discrimination against or segregation of any person, or group of persons, on account of race, color, creed, disability, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming under or through it, establish or permit any such practice or practices of City Council 16 — 103 12/7/2021 discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendors of the Property. (b) In Affordable Housing Restrictions. The foregoing covenant shall: (a) be included in the Affordability Restrictions on Transfer of Property; (b) run with the land; and, (c) remain effective for the term of the Agreement (for 55 years). (c) In Employment. In construction on the Property, Developer shall not discriminate against any employee or applicant because of race, color, creed, religion, sex, marital status, disability, national origin, or ancestry. Developer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, disability, creed, religion, sex, marital status, disability, national origin, or ancestry. (d) In all Contracts. Developer shall cause the foregoing covenants to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon each contractor for the benefit of Agency, provided that the foregoing covenant shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 11. OTHER AFFIRMATIVE COVENANTS While any obligation of Developer under the Agency Promissory Note or Agency Deed of Trust remain outstanding, the following provisions shall apply, except to the extent that City Project Manager otherwise consents in writing: 11.1 Protection of Lien. Developer shall maintain the lien of the Agency Deed of Trust as a deed of trust on the Property in the same priority as at the commencement of construction and take all actions to execute and deliver to Agency all documents, reasonably required by Agency from time to time in connection therewith. 11.2 Notice of Certain Matters. Developer shall give notice to Agency, within ten (10) days of Developer's learning thereof, of each of the following: (a) any filed litigation or claim affecting or relating to the Property and involving an amount in excess of $50,000; and any litigation or claim that might subject Developer to liability in excess of $50,000, that is not covered by insurance; (b) any dispute between Developer and a Governmental Authority relating to the Property, the adverse determination of which might materially affect the Property; (c) any change in Developer's principal place of business; (d) any aspect of the Improvements that is not in substantial conformity with the plans or code; City Council 16 — 104 12/7/2021 (e) any event which after the giving of all required notices and the expiration of all applicable cure periods, would constitute an Event of Default; (f) any material default by Developer or any other parry under any Senior Loan Document, or the receipt by Developer of any notice of default under any Senior Loan Document; (g) the creation or imposition of any mechanics' or materialmans' lien or other lien against the Property which might materially affect the Property, which is not bonded over or released; and/or (h) any material adverse change in the financial condition of Developer. 11.3 Further Assurances. Developer shall execute and acknowledge (or cause to be executed and acknowledged) and deliver to Agency all documents, and take all actions, reasonably required by Agency from time to time to confirm the rights created or now or hereafter intended to be created under the Agency Loan Documents; to protect and further the validity, priority and enforceability of the Agency Deed of Trust; to subject to the Deed of Trust any property intended by the terms of any Loan Document(s) to be covered by the Agency Deed of Trust or otherwise to carry out the purposes of the Agency Loan Documents and the transactions contemplated thereunder. 12. OTHER COVENANTS While any obligation of Developer under the Agency Note or Agency Deed of Trust remain outstanding, the following provisions shall apply, except to the extent that City Project Manager otherwise consents in writing: 12.1 Default on Senior Loan. Developer shall not default on any of the Senior Loan Documents, provided however, that Developer shall have such period as is provided in the Senior Loan Documents during which to effectuate a cure. 12.2 Transfer or Lease of Property. Unless and until Developer has received a Certificate of Completion for the construction from Agency, except for any Excluded Transfers or any other transfer permitted pursuant to the Ground Lease, Developer shall not lease (other than to tenants meeting the requirements set forth in this Agreement), sublease or otherwise transfer all or any part of the Property or any interest therein without the prior written consent of the City Project Manager, which consent may be withheld in the City Project Manager's reasonable discretion. In connection with the foregoing consent requirements, Developer acknowledges that Agency relied upon Developer's particular expertise in entering into this Agreement and continues to rely on such expertise to ensure the satisfactory completion of the construction. 13. CERTIFICATE OF COMPLETION Upon satisfactory completion of the construction and upon the request of Developer, or at its own election, the Agency shall issue a Certificate of Completion. Such City Council 16 — 105 12/7/2021 AAV MII:1kWJ Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction. If Agency declines to furnish a Certificate of Completion after written request from Developer, the City Project Manager shall, within thirty (30) days after receipt of the request, provide Developer with a written statement of the reasons therefore. The statement shall contain a description of the action Developer must take to obtain a Certificate of Completion. If the reason therefore is that the Developer has not completed a minor portion of the construction, Agency may, in its sole and absolute discretion, issue the Certificate of Completion upon the posting with Agency of a bond or other form of security acceptable to the City Project Manager in the amount of the fair value of the uncompleted work. A Certificate of Completion is not evidence of compliance with or satisfaction of the Agency Loan Documents or any obligation of Developer to any other party whatsoever, including any holder of a mortgage or deed of trust. A Certificate of Completion is not "notice of completion" referred to in Section 3093 of the California Civil Code. 14. INDEMNIFICATION 14.1 Nonliability of Agency. Developer acknowledges and agrees that: (a) The relationship between Developer and the Agency is and shall remain solely that of Developer and lender. Agency neither undertakes nor assumes any responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform Developer of any matter in connection with the construction, including matters relating to: (i) the performance of the construction work; (ii) architects, contractors, subcontractors and materialmen, or the workmanship of or materials used by any of them; or, (iii) the progress of the construction; and Developer shall rely entirely on its own judgment with respect to such matters and acknowledges that any review, inspection, supervision, approval or information supplied to Developer by Agency in connection with such matters is solely for the protection of Agency, and that neither Developer nor any third party is entitled to rely on it; (b) Notwithstanding any other provision of any Loan Document: (i) the Agency is not a partner, joint venture, alter -ego, manager, controlling person or other business associate or participant of any kind of Developer, and Agency does not intend to ever assume any such status; (ii) Agency's activities in connection with the Loan shall not be "outside the scope of the activities of a lender of money" within the meaning of California Civil Code Section 3434, as modified or recodified from time to time, and Agency does not intend to ever assume any responsibility to any person for the quality or safety of the Property; and, (iii) Agency shall not be deemed responsible for or a participant in any acts, omissions or decisions of Developer; (c) Agency shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of, the Property, whether arising from: (i) any defect in any building, grading, landscaping or other onsite or offsite improvement; (ii) any act or omission of Developer or any of Developer's agents, employees, independent contractors, licensees or City Council 16 — 106 12/7/2021 AAV MII:1kWJ invitees; or (iii) any accident on the Property or any fire or other casualty or hazard thereon; and, (d) By accepting or approving anything required to be performed or given to Agency under the Loan Documents, including any certificate, financial statement, survey, appraisal or insurance policy, Agency shall not be deemed to have warranted or represented the sufficiency or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by Agency to anyone. 14.2 Indemnity. Developer shall defend (by counsel reasonably satisfactory to Agency), indemnify and save and hold harmless the Indemnitees from and against all claims, damages, demands, actions, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising from or relating to: (i) this Agreement; (ii) the making of the Loan(s); (iii) a claim, demand or cause of action that any person has or asserts against Developer; (iv) any act or omission of Developer, any contractor, subcontractor or material supplier, engineer, architect or other person with respect to the Property; or, (vi) the ownership, occupancy or use of the Property. Notwithstanding the foregoing, Developer shall not be obligated to indemnify Agency with respect to the consequences of any act of gross negligence or willful misconduct of Agency. Developer's obligations under this Section shall survive the cancellation of the Agency Promissory Note, release and reconveyance of the Agency Deed of Trust, issuance of the Certificate of Completion, and termination of this Agreement. Notwithstanding the foregoing, neither Developer, nor any of its partners, shall be personally liable for any indemnification obligation hereunder that would result as the repayment of principal and/or interest under the Loan. 14.3 Reib„u„rSeent,,,,,,,,,,,,,,,,,,,o„f A enc„y,, Developer shall reimburse Agency immediately upon written demand for all costs reasonably incurred by Agency (including the reasonable fees and expenses of attorneys, accountants, appraisers and other consultants, whether the same are independent contractors or employees of Agency) in connection with the enforcement of the Loan Documents and all related matters, including all claims, demands, causes of action, liabilities, losses, commissions and other costs against which Agency is indemnified under the Loan Documents. Such reimbursement obligations shall bear interest from the date occurring twenty (20) days after Agency gives written demand to Developer and shall be secured by the Agency Deed of Trust. Such reimbursement obligations shall survive the cancellation of the Loan Note, release and reconveyance of the Agency Deed of Trust, issuance of a Certificate of Completion, and termination of this Agreement 15. DEFAULTS AND REMEDIES 15.1 Events of Default. The occurrence of any of the following, whatever the reason therefore which is not cured, shall constitute an Event of Default by Developer: (a) Developer fails to make any payment of principal or interest under the Agency Promissory Note when due, and such failure is not cured within ten (10) Business Days after Developer's receipt of written notice that such payment was not received when due; (b) Developer fails to perform any other obligation for the payment of money under any Loan Document, and such failure is not cured within ten (10) Business City Council 16 — 107 12/7/2021 AAV MII:1k0J Days after Developer's receipt of written notice that such obligation was not performed when due; (c) Developer fails to perform any obligation (other than the obligations described in subparagraphs (a) and (b) above) under any Loan Document, and such failure is not cured within thirty (30) days after Developer's receipt of written notice that such obligation was not performed; provided that, if cure cannot reasonably be effected within such thirty (30)-day period, such failure shall not be an Event of Default so long as Developer (in any event, within ten (10) Business Days after receipt of such notice) commences to cure, and thereafter diligently (in any event within ninety (90) days after receipt of such notice) prosecutes such cure to completion; (d) Any representation or warranty in any Loan Document proves to have been incorrect in any material respect when made; (e) The Property is materially damaged or destroyed by fire or other casualty unless Developer fulfills the Restoration Conditions set forth in the insurance provisions of this Agreement within one hundred eighty (180) days (unless extended pursuant to Section 19.5) and thereafter diligently restores the Property in accordance with this Agreement; (f) Work on the construction ceases for thirty (30) consecutive days for any reason (other than governmental orders, decrees or regulations, acts of God or any other deity, strikes or other causes beyond Developer's reasonable control); (g) Developer is enjoined or otherwise prohibited by any Governmental Authority from constructing and/or occupying the Improvements and such injunction or prohibition continues unstayed for sixty (60) days or more for any reason; (h) Developer is dissolved, liquidated or terminated, or all or substantially all of the assets of Developer are sold or otherwise transferred without the City Project Manager's prior written consent; (i) Developer is the subject of an order for relief by a bankruptcy court, or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Developer applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer for it or any part of its property; or any receiver, trustee, custodian, conservator, liquidator, rehabilitator or similar officer is appointed without the application or consent of Developer and the appointment continues undischarged or unstayed for ninety (90) days; or Developer institutes or consents to any bankruptcy, insolvency, reorganization, arrangement, readjustment of debt, dissolution, custodianship, conservatorship, liquidation, construction or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Developer and continues undismissed or unstayed for ninety (90) days; or any judgment, writ, warrant of attachment or execution, or similar process is issued or levied against any property of Developer and is not released, vacated or fully bonded within ninety (90) days after its issue or levy; or 0) (i) any of the Senior Loan Documents is revoked or terminated, in whole or in part and for any reason (except due to repayment of such loans), without the City Project Manager's prior written consent, or (ii) Developer defaults or otherwise fails to perform any of its duties or obligations under or in connection with any of the Senior Loan Documents, subject to all applicable notice and cure periods, or (iii) any of the Senior Loan Documents is amended, supplemented or otherwise modified without Agency's prior written consent, which consent shall not be unreasonably withheld. City Council 16 — 108 12/7/2021 AAV MII:1kWJ Notwithstanding anything to the contrary contained herein, Agency hereby agrees that any cure of any default made or tendered under this Agreement or under the other Agency Loan Documents by Developer's Limited Partner shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basis as if made or tendered by Developer. 15.2 Remedies U„n„on Default. Upon the occurrence of any Event of Default, Agency may, at its option and in its absolute discretion, do any or all of the following: (a) By written notice to Developer, declare the principal of all amounts owing under the Loan Documents, together with all accrued interest and other amounts owing in connection therewith, to be immediately due and payable, regardless of any other specified due date; provided that any Event of Default described in Section 20.1 (e) shall automatically, without notice or other action on Agency's part, cause all such amounts to be immediately due and payable; (b) In its own right or by a court -appointed receiver, take possession of the Property, enter into contracts for and otherwise proceed with the completion of the construction by expenditure of its own funds; (c) Exercise any of its rights under the Loan Documents and any rights provided by law, including, without limitation, the right to seek specific performance and the right to foreclose on any security and exercise any other rights with respect to any security, all in such order and manner as Agency elects in its sole and absolute discretion; and, (d) Suspend or terminate the award of Agency funds if Developer fails to comply with any term of such award. 153 Cumulative Remedies• No Waiver.,, Agency's rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by law. The exercise by Agency of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the Agency in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Agency to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. Agency's consent to or approval of any act by Developer requiring further consent or approval shall not be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act. The Agency's acceptance of the late performance of any obligation shall not constitute a waiver by Agency of the right to require prompt performance of all further obligations; Agency's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of either party's right to proceed with the exercise of its remedies for any unfulfilled obligations; and Agency's acceptance of any partial performance shall not constitute a waiver by Agency of any rights. 16. MISCELLANEOUS City Council 16 — 109 12/7/2021 AAV MII:1k0J 16.1 Obligations Unconditional and Independent. Notwithstanding the existence at any time of any obligation or liability of Agency to Developer, or any other claim by developer against Agency, in connection with the Loan or otherwise, Developer hereby waives any right it might otherwise have: (a) to offset any such obligation, liability or claim against Developer's obligations under the Loan Documents; or, (b) to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Developer of any of its obligations under the Loan Documents. 15.2 Notices. All notices, demands, approvals and other communications provided for in the Loan Documents shall be in writing and be delivered to the appropriate parry by personal service or U.S. mail at its address as follows: If to Developer: Shelter Providers of Orange County, Inc. DBA HomeAid Orange County 17821 17th Street, Suite 120 Tustin, CA 92780 Attention: Gina R. Scott With a copy to: Jackson Tidus 2030 Main Street, 12th Floor Irvine, CA 92614 Attn: Sonia A. Lister, Esq. If to Agency: Housing Authority of the City of Santa Ana Executive Director 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 Addresses for notice may be changed as required by written notice to all other parties. All notices personally served shall be effective when actually received. All notices mailed shall be effective three (3) days after deposit in the U.S. Mail, postage prepaid. The foregoing notwithstanding, the non -receipt of any notice as the result of a change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such notice. 15.3 Survival of Representations and Warranties. All representations and warranties in the Loan Documents shall survive the making of the Loan(s) described herein and have been or will be relied on by Agency notwithstanding any investigation made by either parry. City Council 16 — 110 12/7/2021 AAV MII:1kWJ 15.4 No Third Parties Benefited. This Agreement is made for the purpose of setting forth rights and obligations of Developer and the Agency, and no other person shall have any rights hereunder or by reason hereof. 15.5 Binding Effect; Assignment of Obligations. This Agreement shall bind, and shall inure to the benefit of, Developer and Agency and their respective successors and assigns. Other than as expressly provided to the contrary in this Agreement, Developer shall not assign any of its rights or obligations under any Loan Document without the prior written consent of Agency, which consent may be withheld in Agency's sole and absolute discretion. Any such assignment without such consent shall, at Agency's option, be void. 15.6 Prior Agreements; Amendments; Consents. This Agreement (together with all other Loan Documents) contains the entire agreement between the Agency and Developer with respect to the Loan and the Property, and all prior negotiations, understandings and agreements are superseded by this Agreement and such other Loan Documents. No modification of any Loan Document (including waivers of rights and conditions) shall be effective unless in writing and signed by the party against whom enforcement of such modification is sought, and then only in the specific instance and for the specific purpose given. 15.7 Governing Law. All of the Loan Documents shall be governed by, and construed and enforced in accordance with, the laws of the State of California and Federal law, whichever is more stringent. Developer irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Orange or the United States District Court of the Central District of California, as Agency may deem appropriate, in connection with any legal action or proceeding arising out of or relating to this Agreement or the Loan Documents. Assuming proper service of process, Developer also waives any objection regarding personal or in rem jurisdiction or venue. 15.8 Severability of Provisions. No provision of any Loan Document that is held to be unenforceable or invalid shall affect the remaining provisions, and to this end all provisions of the Loan Documents are hereby declared to be severable. 15.9 Headings. Article and section headings are included in the Loan Documents for convenience of reference only and shall not be used in construing the Loan Documents. 15.10 Conflicts. In the event of any conflict between the provisions of this Agreement and those of any other Loan Document, this Agreement, unless otherwise expressly provided, shall prevail; provided however that, with respect to any matter addressed in both such documents, the fact that one document provides for greater, lesser or different rights or obligations than the other shall not be deemed a conflict unless the applicable provisions are inconsistent and could not be simultaneously enforced or performed. 15.11 Time of the Essence. Time is of the essence under this Agreement and in the performance of every term, covenant, and obligation contained herein. City Council 16 — 111 12/7/2021 AAV MII:1k0J 15.12 Conflict of Interest. No member, official or employee of the Agency shall have any direct or indirect interest in this Agreement, nor participate in any decision relating to the Agreement which is prohibited by law. 15.13 Warranty Against Payment of Consideration. Developer warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. 15.14 Plans and Data.,, Where Developer does not proceed with the work and construction of the Proj e c t and when this Agreement is terminated with respect thereto for any reason, Developer shall deliver to Agency any and all plans and data concerning the Property, and Agency or any person or entity designated by Agency shall have the right to use such plans and data without compensation to Developer. Such right of Agency shall be subject to any right of the preparer of the plans to their use. 15.15 Authority to Enter Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify the Agency fully, including reasonable costs and attorney's fees, for any injuries or damages to Agency in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. [signatures on next page] City Council 16 — 112 12/7/2021 IN WITNESS WHEREOF, the parties hereto have caused this Loan Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSOR AGENCY Daisy Gomez Steven A. Mendoza Recording Secretary Executive Director APPROVED AS TO FORM Sonia R. Carvalho Authority General Counsel � jd By: Ry�n) O. odge Assistant -City Attorney RECOMMENDED FOR APPROVAL Steven A. Mendoza Executive Director Community Development Agency {Signatures continue on following page) City Council 16 — 113 12/7/2021 DEVELOPER: Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. LOIN Gina R. Scott Its: Executive Director City Council 16 — 114 12/7/2021 AAV MII:1kwJ EXHIBITS A. Legal Description B. Affordability Restrictions on Transfer of Property C. Agency Deed of Trust D. Agency Promissory Note E. Project Budget F. Scope of Work / Schedule of Performance G. Form of Residual Receipts Report City Council 16 — 115 12/7/2021 AAV MII:1kWJ Exhibit A: Legal Description City Council 16 — 116 12/7/2021 AAV MII:11110J EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 398-303-04) THE SOUTHWESTERLY 50.00 FEET OF LOTS 13, 14, 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 398-303-05) THE NORTHEASTERLY 50.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF LOTS 13, 14, 15 AND 16 1 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: (APN: 398-303-06) THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL I N BLOCK 66 OF "SANTA ANA EAST", Cl TY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALI FORNI A, AS PER MAP THEREOF RECORDED I N BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. PARCEL 4: (APN: 398-303-07) THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. City Council 16 — 117 12/7/2021 AAV MII:1kWJ Exhibit B: Affordability Restrictions on Transfer of Property City Council 16 — 118 12/7/2021 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY {Address: 801, 807, 809 and 809 1/2 East Santa Ana Boulevard, Santa Ana, California} THESE AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY (the "Restrictions") are entered into by and between Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid Orange County ("Developer") and the Housing Authority of the City of Santa Ana, acting as the Housing Successor Agency, a public body, corporate and politic ("Agency"). RECITALS: A. The Agency is authorized by the Community Redevelopment Law of the State of California (Health and Safety Code section 33000, et seq.) ("CRL") to expend funds to increase the supply of very low and low income housing available at affordable housing costs. In part to further this goal, the Agency has created the Merged Project Areas, within the City (the "Project Area"), and adopted a Redevelopment Plan for the redevelopment of the Project Area. In accordance with Section 33334.2, et seq., of the CRL, the Agency sets aside a portion of the tax increment revenues it receives from the Merged Project Area in a separate low and moderate housing asset fund, which the Agency uses for the construction, preservation, and rehabilitation of affordable housing for low-income households. B. Developer requested financial assistance in connection with the ground lease, development, construction, ownership, occupancy, and operation of a seventeen (17) unit affordable housing complex ("Project") to be located at 801, 807, 809 and 809 '/z E. Santa Ana Blvd., Santa Ana, California, legally described within Exhibit A of the Agency Loan Agreement hereto and incorporated herein ("Property"). Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; Seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the Area Median Income; and one (1) of the units is reserved for an on -site manager. Office space within the development will be provided for use as space for the case managers that will provide mental health services On -site amenities will include a courtyard, City Council 16 — 119 12/7/2021 AAV MII:1k0J community room and a lounge area. Mercy House Living Centers ("Mercy House") will manage the onsite manager. C. The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana ("Housing Authority") reviewed Developer's request for assistance and at the City Council/Housing Authority meeting on January 15, 2019, the Housing Authority Board authorized and approved issuance of a conditional, pre -commitment letter evidencing the preliminary award of $1,069,947 of funds to the Project ("Agency Loan"), , to be funded exclusively from the Low and Moderate Income Housing Asset Fund (the "LMIHAF") held by the Agency. D. The amount of the Agency Loan was determined based upon the City and Agency's review of the Developer's request for the receipt of the Agency Loan and the development proforma and projected cash flows for the Project submitted by the Developer to the City/Agency as of January, 2019 ("Proforma"). The Housing Authority's Executive Director has authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the Agency Loan is not materially increased or extended. E. Developer requested an additional $587,000 from the Agency in order to offset a portion of the additional construction costs associated with the Project due to the increased costs of labor and materials since January 15, 2019. The Agency desires to increase the pre - commitment letter to Developer in order to make possible the development and construction of the Project, thereby expanding the supply of decent, safe, sanitary and affordable housing within the City. F. In furtherance of the CRL and the Redevelopment Plan, Developer has applied to the Agency for a loan with which to: (1) Lease, develop and construct the Project, and (2) thereafter to maintain, operate and professionally manage the Project as decent, safe, sanitary and affordable rental housing. G. The Agency, on certain terms and conditions, desires to make such Agency Loan to Developer in order to make possible the lease, development, construction, ownership, maintenance and operation of the Project, thereby expanding the supply of decent, safe, sanitary and affordable housing within the City. H. If there is any inconsistency between State, and local guidelines with regard to any of the terms and conditions contained herein, the more stringent shall apply. L The Agency Loan Agreement, Agency Deed of Trust, Agency Promissory Note and these Restrictions, dated concurrently herewith (collectively the "Agency Loan Documents") are entered into for the purpose of providing for affordable residential rental units in the City of Santa Ana pursuant to the Agency funds regulations and guidance. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Agency and Developer agree as follows: City Council 16 — 120 12/7/2021 1. Definitions: "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). "Affordable Housing" means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows, in accordance with Sections 50052.5 and 50053 of the Health & Safety Code and the U.S. Department of Housing and Urban Development (HUD): Very Low -Income Households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit. Extremely -Low Income Households. Thirty (30) percent of the income of a household earning no more than thirty (30) percent of the Median Income for the Area for rental units, adjusted for family size appropriate for the unit. In the event of a conflict between the fractions specified in this definition and those found in Sections 50052.5 and 50053 of the Health & Safety Code and HUD, the fractions specified by HUD shall control. "Affordable Rent" means the Health and Safety Code extremely low income rents based on the calculation defined in Section 50053 and income limits published by the Department of Housing and Community Development. "Agency" means the Housing Authority of the City of Santa Ana, acting as the Housing Successor Agency, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the CRL. The principal office of the Agency is located at 20 Civic Center Plaza, Santa Ana, California 92702. "Agency" shall also refer to the City where the context dictates, to the effect that City shall have all rights granted to the Agency hereunder. "Agency Deed of Trust" means the deed of trust encumbering the Property, in the form attached as Exhibit C to the Agreement, to be executed by Developer pursuant to the Agreement in order to secure the Agency Loan Note. "Agency Loan" means a loan in the original principal amount of up to One Million Six Hundred Fifty -Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00) to be made to Developer by the Agency to be funded exclusively from the Low and Moderate Income Housing Asset Fund held by the Agency. "Agency Promissory Note" means that certain promissory note for Agency Loan funds in the original principal amount of $1,656,947.00 in the form attached as Exhibit D to the Agreement, and to be executed by Developer in favor of Agency to evidence the obligation of Developer to repay the Agency Loan as further described in the Agency Promissory Note. City Council 16 — 121 12/7/2021 AAV MII:1k0J "Agreement" means the Loan Agreement by and between the Agency and Developer. "Applicable Law" shall mean those federal, state and local laws, ordinances, regulations, policies and procedures applicable to the Project. "Building Permit" means the building permit(s) issued by the City of Santa Ana and required for the construction. "Business Day" means any Monday, Tuesday, Wednesday, Thursday or Friday on which Santa Ana City Hall is open to the public for the conduct of City affairs. "Calendar Year" means each consecutive twelve (12) month period from January 1 to December 31. "Certificate of Completion" has the meaning set forth in the Agreement. "City" means the City of Santa Ana, California, a charter city and municipal corporation. "City" shall also refer to the Agency where the context dictates, to the effect that the Agency shall have all the rights granted to the City hereunder. "City Project Manager" shall mean the City's Housing Manager and/or his/her designee. "County" means the County of Orange, California. "Developer" means Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid Orange County. "Event of Default" has the meaning set forth in the Agreement. "Extremely Low Income" means an adjusted income which does not exceed thirty percent (30%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development. "Governmental Authority" means any governmental or quasi -governmental agency, board, bureau, commission, department, court, administrative tribunal or other instrumentality or authority, and any public utility. "Housing Authority" means the Housing Authority of the City of Santa Ana (CA093), a public body, corporate and politic. "HUD" means the United States (U.S.) Department of Housing and Urban Development, and any successors or assigns thereof. City Council 16 — 122 12/7/2021 AAV MII:1kWJ "Improvements" means all improvements and fixtures now and hereafter comprising any portion of the Property, including, without limitation, landscaping, trees and plant materials; and offsite improvements, as required through the City of Santa Ana Planning and Building Agency entitlement process. "Laws" means all statutes, laws, ordinances, regulations, orders, writs, judgments, injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Authority. "Lien" means any lien, mortgage, pledge, security interest, charge or encumbrance of any kind, including any conditional sale or other title retention agreement, any lease in the nature thereof, and any agreement to give any lien or security interest. "Loan Documents" or "Agency Loan Documents" means, collectively, the Agreement, the Agency Promissory Note, the Agency Deed of Trust, and these Restrictions, and any other agreement, document, or instrument that the Agency reasonably requires in connection with the execution of these Restrictions or from time to time to effectuate the purposes of these Restrictions. "Low Income" means an adjusted income which does not exceed eighty percent (80%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development (HUD). "Median Income for the Area" means the median income for Orange County, California PMSA as most recently determined by HUD. Also may be referred to interchangeably in the Agency Loan Documents as "Area Median Income" or "AMP'. "Project" means the construction of the Improvements upon the Property by Developer pursuant to the Agreement. "Property" means the Developer's leasehold interest in the property that is located at 801, 807, 809 and 809 1/z E. Santa Ana Blvd. in the City of Santa Ana, and as more fully described in the "Legal Description" of the Property attached as Exhibit A to the Agreement. "Restricted Units" means sixteen (16) permanent supportive housing units at the Project shall and will be restricted to Affordable Rents for chronically homeless Extremely -Low Income households for a period of no less than fifty-five (55) years. One (1) additional unit will be rented to an on -site property manager; the manager's unit will not be rent restricted. "Term of Affordability" or "Affordability Period" means the terms and conditions contained herein shall remain in effect for fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. City Council 16 — 123 12/7/2021 "Very Low Income" means an adjusted income which does not exceed fifty percent (50%) of the Median Income for the Area, adjusted for household size, as published by the U.S. Department of Housing and Urban Development. 2. Use of the Property. Developer covenants and agrees, for itself, its successors, its assigns, and every successor in interest to the Property of any part thereof, that Developer, such successors, and assigns shall use the Property to provide Affordable Housing, for low-, very -low, and extremely -low-income households, as provided in the Agency Loan Agreement and these Restrictions. Developer agrees that the Property shall be used only for decent, safe, sanitary and Affordable Housing pursuant to the affordability requirements of California Health and Safety Code ("H&S") sections 50053 and 33334.3, as applicable. 3. Affordability Requirements, Use and Maintenance of the Property. 3.1 Use Covenants and Restrictions: A. Developer agrees and covenants, which covenants shall run with the land and bind Developer, its successors, its assign and every successor in interest to the Property that Developer will make all rental units on the Property except for the manager's unit available to extremely -low, very low and low income households at rents affordable to such households pursuant to these Restrictions for fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. B. These Restrictions shall be recorded in the Official Records of the County, and shall remain in first position on title and shall not be subordinated. 3.2 Affordability Levels/Unit Mix: A. The Project shall consist of a seventeen (17) unit affordable housing complex. Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; Seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the Area Median Income; and one (1) of the units is reserved for an on -site manager. B. Utility allowances must be deducted from the maximum gross monthly Affordable Rent. The Housing Authority of the City of Santa Ana publishes a Utility Allowance Schedule on an annual basis. 3.3 Calculation of Rent: A. The affordable rents charged at the Project are the extremely low income rents based on the calculation defined in Section 50053 and income limits published by the Department of Housing and Community Development and must comply with the standards set forth by these Restrictions, the Density Bonus Agreement and any other standards, regulatory agreements or requirements for the Project's public funding sources including but not limited to City Council 16 — 124 12/7/2021 AAV MII:1kWJ No Place Like Home ("NPLH"), Housing and Urban Development and Special Needs Housing Program ("SNHP"), as applicable. B. Utility allowances must be deducted from the maximum gross monthly Affordable Rent. The Housing Authority publishes a Utility Allowance Schedule on an annual basis. C. On an annual basis, the Agency shall provide the Developer with the maximum allowable schedule of incomes and rents (less utility allowance appropriate for the Restricted Units for the Property), which shall correspond to the maximum rent increase allowed by these Restrictions, the Density Bonus Agreement and any other standards, regulatory agreements or requirements for the Project's public funding sources including but not limited to NPLH, HUD and SNHP, as applicable. In no event can Developer charge any tenant more than such amount. F. Utility allowances must be deducted from the maximum gross monthly Affordable Rent. Utility allowances are deducted from rents using the amounts set annually by the Housing Authority. G. Recertification of Tenant Income: (1) Developer shall take all necessary steps to review the income of all tenants prior to renting to them, as well as reviewing current tenants on an annual basis. Developer shall be entitled to rely on a tenant income verification form certifying that the tenant is an eligible household and otherwise meet(s) the eligibility requirements established for the affordable unit and supporting documentation provided by tenant(s) unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.. At a minimum, every fifth (5th) year, Developer shall require new original income documents to be submitted by tenants. (2) Developer shall allow the Agency to conduct periodic reviews of tenant files and files relating to affirmative marketing and outreach to ensure the Project's compliance with applicable regulations and guidelines. City Council 16 — 125 12/7/2021 (3) Agency assisted units continue to qualify as Affordable Housing despite a temporary non-compliance caused by increases in the incomes of existing tenants if actions satisfactory to the Agency are being taken to ensure that all vacancies are filled in accordance with this section until the non- compliance is corrected. 3.4 Construction and Maintenance of the Property: A. Maintenance. Developer shall maintain the Property in accordance with the Ground Lease. B. Handicapped Accessibility. Developer shall comply with: (a) Section 504 of the Rehabilitation Act of 1973, and implementing regulations at 24 CFR 8C; and (b) the Americans with Disabilities Act of 1990, and implementing regulations at 28 CFR 35-36 in order to make the Project readily accessible to and usable by individuals with disabilities. D. Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally to the extent that it is cost effective and does not delay the overall Project development schedule. Prior to issuance of any Building Permit, Developer shall develop and submit to the Agency a local sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. E. Lead -Based Paint. Developer shall comply with the requirements, as applicable of the Lead -Based Paint Poisoning Prevention Act. F. Equal Opportunity and Fair Housing. Developer shall carry out the construction and perform its obligations under this Agreement in compliance with all of the state and federal laws and regulations regarding equal opportunity and fair housing. Developer must also follow the requirements of California Health and Safety Code section 33435. G. Property Standards. Developer shall cause the Property to meet all applicable local, state and federal codes and ordinances, including zoning ordinances. Developer shall also cause the Property to meet the current edition of the Model Energy Code published by the Council of American Building Officials. H. Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. In recognition of the Agency's desire to optimize the energy efficiency of the Project, Developer agrees to consult with the Project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by HUD minimum construction standards. City Council 16 — 126 12/7/2021 I. Property Maintenance Agreement. Developer shall maintain the Property in accordance with the Ground Lease. J. Monitoring. Developer shall allow the Agency to conduct periodic inspections of each of the assisted units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the Agency while conducting such inspections within ten (10) business days of written notice thereof, or such longer period as is reasonable within the sole discretion of the Agency. 3.5 Management Plan: A. Management Plan. Prior to issuance of a Certificate of Occupancy, Developer shall submit for the reasonable approval of the Agency a "Management Plan" that sets forth in detail Developer's property management duties, a tenant selection process in accordance with this Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide onsite property management services at the Property, and other matters relevant to the management of the Property, including, but not limited to, the following: (1) Management Agent. Developer shall submit the name and qualifications of the proposed Management Agent. The City Project Manager shall approve or disapprove the proposed Management Agent in writing based on the experience and qualifications of the Management Agent. (2) Management Agreement. Developer shall submit a copy of the proposed management agreement specifying the amount of the management fee, and the relationship and division of responsibilities between Developer and Management Agent. (4) Tenant Selection Policies. Developer shall adopt and include as part of its Management Plan, written tenant selection policies and criteria for the Restricted Units that meet the following requirements: (a) Are consistent with the purpose of providing housing for Extremely -Low, Very -Low and Low Income households; (b) Are reasonably related to program eligibility and the applicants' ability to perform the obligations of the lease; (c) Provide for: City Council 16 — 127 12/7/2021 (i) the selection of tenants from a written waiting list in the chronological order of their application, insofar as is practicable; and, (ii) the prompt written notification to any rejected applicant of the grounds for any rejection; (d) Carry out the Affirmative Marketing procedures of the City of Santa Ana, which are designed to provide information and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area to the Restricted Units. Developer shall cooperate to effectuate this provision prior to the initial renting, or upon occurrence of a vacancy, and the re -renting of any Restricted Units; (5) Local Preference. The Project consists of sixteen (16) permanent supportive housing units for chronically homeless individuals and families. All individuals and families must be chronically homeless and preference should be given to residents of the City of Santa Ana. Local preference for Santa Ana residents and workers in tenant selection shall be a requirement of the Project. Subject to the prohibition of discrimination and the granting of preferences in housing occupancy imposed by federal laws and regulations, the State of California, and by the City of Santa Ana Affordable Housing Funds Policies and Procedures, the Developer shall use its best efforts to lease units in the following order of priority: 1. First priority shall be given to persons who have been permanently displaced or face permanent displacement from housing in Santa Ana as a result of any of the following: a. A redevelopment project undertaken pursuant to California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.) -- applicable only to projects funded by the Low and Moderate Income Housing Asset Fund. b. Ellis Act, owner -occupancy, or removal permit eviction; c. Earthquake, fire, flood, or other natural disaster; d. Cancellation of a Housing Choice Voucher HAP Contract by property owner; or e. Governmental Action, such as Code Enforcement. City Council 16 — 128 12/7/2021 AAV MII:1k0J 2. Second priority shall be given to persons who are either: a. Residents of Santa Ana and/or b. Working in Santa Ana at least 32 hours per week for at least the last 6 months. (6) Affirmative Marketing. Prior to the issuance of a Certificate of Occupancy, Developer shall prepare and obtain Agency's approval of an affirmative marketing program for leasing the affordable units at the Project. (7) Crime Free Housing. Developer shall work with Agency staff to develop a crime free housing policy, procedure, and design plan. (8) Onsite Parkin _g ManagManagement Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Developer has submitted a Parking Management Plan (the "PMP") dated March 10, 2020, outlining appropriate measures to manage and mitigate the use of offsite parking spaces and/or right of way. Prior to issuance of a Certificate of Occupancy, Developer shall obtain approval from the Agency for said plan. Notwithstanding the foregoing, in no event may the plan or the requirements of this subsection supersede the parking allowed under the Density Bonus Agreement or be interpreted in a manner requiring parking in excess of twelve (12) onsite parking spaces, ten (10) of which shall be tandem parking spaces. C. Cure Period. If at any time the Agency determines that the Restricted Units are not being managed or maintained in accordance with the approved Management Plan, Agency shall provide Developer with written notice thereof which notice shall include a reasonable cure period not less than thirty (30) days. If the deficiencies are not cured within the cure period provided in the Agency notice, Developer shall change the management agent or the practices complained of, upon receipt of written notice from the City Project Manager. The City Project Manager may require Developer to change management practices or to terminate the management contract and designate and retain a different management agent. The management agreement shall provide that it is subject to termination by Developer without penalty, upon thirty (30) days prior written notice, at the direction of the City Project Manager. Within ten (10) days following a direction of the City Project Manager to replace the management agentthe Developer shall select another management agent or make other arrangements satisfactory to the City Project Manager or designee for continuing management of the Restricted Units. City Council 16 — 129 12/7/2021 3.6 Supportive Services: A. Onsite Services. The Developer shall provide on -site services that are available to the residents and shall report to the Agency annually the services provided. B. Application and Financial Preparedness. Developer shall submit for review and approval by the Agency a booklet to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the affordable units. Developer shall also work with the Agency to hold a minimum of two (2) workshops to be coordinated by the Developer at least twelve (12) months prior to the initial leasing of the affordable units. C. Programs and Amenities. Developer shall provide residents of the Project access to information regarding discounted or no -cost onsite supportive services, programming, and amenities that promote child development, youth development, and economic mobility, and include, but are not limited to health and wellness services, transportation services, social activities, and physical or recreational amenities. D. WORK Center. The Developer and the Property Manager shall coordinate with the City's WORK Center to provide services and outreach to tenants, as well as provide information on employment during the construction of the Project. 3.7 Obligation to Refrain from Discrimination: A. In Use of Property. Developer covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, disability, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property nor shall Developer itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, as required by the Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C. 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975, and all implementing regulations. B. In Affordable Housing Restrictions. Developer, its successors and assigns, shall not refuse to lease a unit to a holder of a rental voucher under 24 CFR part 887 (Housing Choice Voucher Program) or to a holder of a comparable document evidencing participation in a federally funded tenant -based assistance program because of the status of the prospective tenant as a holder of such certificate of family participation, rental voucher, or comparable tenant -based assistance document. C. In Employment. Developer shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, disability, creed, religion, sex, marital status, disability, national origin, or ancestry. City Council 16 — 130 12/7/2021 D. In all Contracts. Developer shall cause the foregoing covenants to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon each contractor for the benefit of Agency, provided that the foregoing covenant shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 4. Miscellaneous Provisions: A. The lease of any Restricted Units may not contain any of the following provisions (in which references to "Developer" shall mean the Developer, its successors or assigns): (1) Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of the Developer in a lawsuit brought in connection with the lease; (2) Agreement by the tenant that the Developer may take, hold, or sell personal property of household members without notice to the tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the Restricted Unit after the tenant has moved out of the Restricted Unit. The Developer may dispose of this personal property in accordance with state law; (3) Agreement by the tenant not to hold the Developer or the Developer's agent legally responsible for any action or failure to act, whether intentional or negligent; (4) Agreement of the tenant that the Developer may institute a lawsuit without notice to the tenant; (5) Agreement by the tenant that the Developer may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (6) Agreement by the tenant to waive any right to a trial by jury; (7) Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and, (8) Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the Developer against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses. City Council 16 — 131 12/7/2021 B. Developer, its successors or assigns, must adhere to state law requirements with regard to termination of tenancy. C. Developer shall comply with and be bound by the conflict of interest provisions set forth in all applicable state regulations pertaining to conflict of interest. D. The covenants established in these Restrictions, and any amendments hereto approved by the Agency, shall be binding for the benefit of and in favor of the Agency and its respective successors and assigns, without regard to technical classification and designation. These Restrictions shall remain in effect for fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. In its discretion, the Agency may defer repayment of the Loan or the parties may agree to such reasonable modifications to the requirements of these Restrictions, as the parties may determine are necessary for the continued maintenance and operation of the Restricted Units. The covenants against discrimination shall remain in effect for the period of these Restrictions. E. Records and Audits. (1) Owner shall maintain the following general program records, and make them available for inspection by the Agency, the State or HUD: (a) Records which demonstrate compliance with the Equal Opportunity and Fair Housing requirements outlined in these Restrictions, including: (i) data on the extent to which each racial and ethnic group and single head of household (by gender of head of household) have applied for, participated in, or benefited from, any program or activity funded in whole or in; (ii) documentation of actions undertaken to meet the equal opportunity requirements of 24 CFR 92.350, which implements Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701u); and, (iii) documentation and data on the steps taken to implement Owner's outreach programs to minority -owned and women - owned businesses to meet the minority outreach requirements of 24 CFR 92.350; (b) If applicable, records which demonstrate compliance with the requirements relating to relocation of displaced persons, as described in 24 CFR 92.353. At a minimum, these shall include project occupancy lists identifying the name and address of all persons occupying the Project Property up until the date on which Developer obtained ownership of the Property; and, City Council 16 — 132 12/7/2021 AAV MII:1kWJ (c) Any other reports issued by other monitoring agencies. (2) All records pertaining to each Calendar Year must be retained for the most recent five year period; records of individual tenant income verifications, Project rents and Project inspections must be retained for the most recent five year period, until five years after the Affordability Period terminates. The Agency, the State, and/or their representatives shall have unrestricted reasonable access to all locations, books, and records for the purpose of monitoring, auditing, or otherwise examining said locations, books, and records with or without prior notice. (3) If so directed by the Agency upon termination of the Loan Agreement, Developer shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the Agency, as depository. (4) All records, accounts, documentation and other materials relevant to the Project shall be accessible at any time to the authorized representatives of the agency on reasonable prior notice, for the purpose of examination or audit. (5) The Agency shall perform an annual audit at the close of each Calendar Year in which these Restrictions are in effect. Developer shall reasonably cooperate with Agency in performing such audit. (6) Developer shall permit the Agency to perform an Annual Physical Inspection of the Property with at least ten (10) Business Days notice. Developer shall cooperate with this Inspection and shall take all steps necessary to quickly correct any code deficiencies identified during the Inspection.. F. If there is a discrepancy between local, state and federal law with regard to any of the aforementioned covenants, the more stringent shall apply. G. The Agency is the beneficiary of the terms and provisions of these Restrictions and the covenants herein, both for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these Restrictions and the covenants running with the land have been provided. Notwithstanding the foregoing, no person or entity, other than Agency, City and Developer shall have any right of action based upon any provision of these Restrictions. The Agency shall have the right if the covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which they are entitled. City Council 16 — 133 12/7/2021 AAV MII:1kWJ H. The covenants and agreements contained herein shall run with the land and shall remain in effect for the term of the Agreement. Upon the sale, conveyance or other transfer of the Property (a "Transfer") and the assumption of the obligations hereunder by a transferee, Developer's liability for performance shall be terminated as to any obligation to be performed hereunder after the date of such Transfer. L Upon a Transfer of the Property, the transferee will be obligated to meet with the City prior to closing of the Transfer to review the terms of these Restrictions and requirements of the transferee therein. Any failure of transferee to meet with the City or Agency as required would constitute a default under these Restrictions. J. The Agreement and all of its attachments shall be enforceable by the Agency in accordance with the terms thereof. Each of the Loan Documents provide a means of enforcement by the Agency if Developer is in breach of its obligations hereunder and thereunder, including liens on the Property, deed restrictions and covenants running with the land. K. Force Majeure Events. Notwithstanding specific provisions of these Restrictions, performance hereunder shall not be deemed to be in default where delays or defaults are due to: war; terrorism; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; a legal challenge; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other parry; acts or failure to act of the Agency or any other governmental Authority or entity (except that any act or failure to act of Agency shall not excuse performance by Agency); or any other causes beyond the reasonable control, or without the fault of the party claiming an extension of time to perform (each a "Force Majeure Event"). An extension of time for any Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time the parry claiming such extension gives notice to the other parry, provided notice by the parry claiming such extension is given within thirty (30) days after the commencement of the cause. Times of performance under these Restrictions may also be extended in writing by the Agency and the Developer. City Council 16 — 134 12/7/2021 IN WITNESS WHEREOF, the parties hereto have caused these Affordability Restrictions on Transfer of Property to be executed on the date set forth at the beginning of these Restrictions. ATTEST: HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSOR AGENCY Norma Mitre Steven A. Mendoza Recording Secretary Executive Director APPROVED AS TO FORM Sonia R. Carvalho Authority General Counsel I, By: RyEn� O.Iodge Assistani'City Attorney RECOMMENDED FOR APPROVAL Steven A. Mendoza Executive Director Community Development Agency {Signatures continue on following page) City Council 16 — 135 12/7/2021 DEVELOPER: Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. Gina R. Scott Its: Executive Director City Council 16 — 136 12/7/2021 AAV MII:1kWJ Exhibit C: Agency Deed of Trust City Council 16 — 137 12/7/2021 FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 6103 & 27383 When Recorded Mail to: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council AGENCY DEED OF TRUST AND ASSIGNMENT OF RENTS (801 E. Santa Ana Blvd., Santa Ana, California) THIS AGENCY DEED OF TRUST AND ASSIGNMENT OF RENTS (the "Deed of Trust") made this day of , 2021, by and between Shelter Providers of Orange County, Inc. DBA HomeAid Orange County (the "Trustor"), Commonwealth Land Title Company, a California corporation (the "Trustee"), and the Housing Authority of the City of Santa Ana (CA093), acting as the Housing Successor Agency, a public body, corporate and politic (the "Beneficiary"). Capitalized terms not defined in this Deed of Trust shall have the meanings given such terms in the Agreement (defined in Section 1 below and in the Agency Promissory Note). Trustor, in consideration of the promises herein recited and the trust herein created, irrevocably grants, transfers, conveys and assigns to Trustee, in trust, with power of sale, all of Trustor's leasehold interest in the real property located in the City of Santa Ana, County of Orange, State of California, described in the attached Exhibit A and more commonly known as 801 E. Santa Ana Blvd., Santa Ana, California (the "Property"); TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights, appurtenances and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Agency Deed of Trust; provided that so long as Trustor is not in default hereunder and no Event of Default has occurred or is continuing, it shall be permitted to control the Property in accordance with the requirements of that certain Agency Loan Agreement entered into between the Trustor and the Beneficiary, dated concurrently herewith, which Agreement is on file with the Beneficiary as a public record; TOGETHER with the right, power and authority during the continuance of this Trust, to collect the rents, issues, and profits of the Property, reserving unto the Trustor the right, prior to any default by Trustor in payment of the indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, and so long as no Event of Default has City Council 16 — 138 12/7/2021 occurred or is continuing, to collect and retain these rents, issues and profits as they become due and payable; and, TOGETHER with all articles of personal property or fixtures now or hereafter attached to or used in and about the building or buildings now erected, or hereafter to be erected, on the Property which are necessary to the complete and comfortable use and occupancy of such building or buildings for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating a building, or the activities conducted therein, similar to the one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to said building or buildings in any manner; and all of the foregoing, together with the Property, is herein referred to as the "Security"; To have and to hold the Security together with acquittances to the Trustee, its successors and assigns forever; and, TO SECURE to the Beneficiary: (a) the repayment of the sums evidenced by a Promissory Note to the Beneficiary executed by Trustor of even date herewith in the principal amount of One Million Six Hundred Fifty -Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00) (the "Agency Promissory Note"); (b) the performance of the covenants and agreements of Borrower contained in a certain Agreement as hereinafter defined; and, (c) the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Trustor contained herein. TRUSTOR AND THE BENEFICIARY COVENANT AND AGREE AS FOLLOWS: 1. The Agreement. This Deed of Trust is executed and delivered, along with the Agency Promissory Note, the Agency Loan Agreement, and Affordability Restrictions on Transfer of Property to benefit the Property. A copy of said Agency Loan Agreement is on file as a public record with the Beneficiary and is incorporated herein by reference (the "Agreement"). Trustor acknowledges that but for the execution of this Deed of Trust, the Beneficiary would not enter into the Agreement or Agency Promissory Note secured by this Deed of Trust. 2. Trustor's Estate. Trustor is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Security; that other than this Deed of Trust, the Security is not encumbered except for obligations secured by deeds of trust, or any other security agreement, to secure financing or refinancing for the purchase and rehabilitation of the Property. 3. Repayment of the Loan. Trustor will promptly repay, when due, the principal loan amount, as required by the Agency Promissory Note secured by this Deed of Trust. 4. Subordination. This obligation secured by this Deed of Trust shall be subordinated to the Senior Loan and the Senior Loan Documents, but the Agency's Affordability Restrictions on Transfer of Property shall remain in a senior position to the Senior Loan and the Senior Loan Documents. City Council 16 — 139 12/7/2021 AAV MII:1kWJ 5. Prior Mortgages and Deeds of Trust; Charges; Liens. Trustor shall perform all of Trustor's obligations under any mortgage, deed of trust or other security agreement with a lien that has priority over this Instrument, including Trustor's covenants to make payments when due (subject to all applicable notice and cure provisions). Trustor will pay all taxes, assessments and other charges, fines and impositions attributable to the Security that may attain a priority over this Deed of Trust, by Trustor making any payment, when due, directly to the payee thereof. Trustor will promptly furnish to the Beneficiary all notices of amounts due under this paragraph, and in the event Trustor makes payment directly, Trustor will promptly discharge any lien that has priority over this Deed of Trust; provided that Trustor will not be required to discharge the lien of the Deed of Trust securing any Senior Lender or any other lien described in this paragraph so long as Trustor will agree in writing to the payment of the obligation secured by such lien in a manner acceptable to the Beneficiary, or will, in good faith, contest such lien by, or defend enforcement of such lien in, legal proceedings, which operate to prevent the enforcement of the lien or forfeiture of the Security, or any part thereof. 6. Hazard Insurance. Trustor will keep the Security insured by such insurance policies in such amounts and for such periods as called for in the Agreement. 7. Preservation and Maintenance of Security. Trustor will keep the Security in good repair and will not commit waste or permit impairment or deterioration of the Security. 8. Protection of the Beneficiary's Security. If Trustor fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced that materially affects the Beneficiary's interest in the Security, including, but not limited to, an Event of Default under the Deed of Trust securing any Senior Lender, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankruptcy or decedent, then the Beneficiary, at the Beneficiary's option, upon notice to Trustor, may make such appearances, disburse such sums and take such action as it determines necessary to protect the Beneficiary's interest, including, but not limited to, disbursement of reasonable attorneys' fees and entry upon the Security to make repairs. Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest thereon, will become an indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and the Beneficiary agree to other terms of payment, such amount will be payable upon notice from the Beneficiary to Trustor requesting payment thereof, and will bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Agency Promissory Note, unless payment of interest at such rate would be contrary to applicable law, in which event such amounts will bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph will require the Beneficiary to insure any expense or take any action hereunder. 9. Inspection. The Beneficiary may make, or cause to be made, reasonable entries upon and inspections of the Security upon reasonable prior notice during normal business hours; provided that, the Beneficiary will give Trustor reasonable notice of inspection. 10. Forbearance by the Beneficiary Not a Waiver. Any forbearance by the Beneficiary in exercising any right or remedy will not be a waiver of the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by the Beneficiary City Council 16 — 140 12/7/2021 AAV MII:1kWJ will not be a waiver of the Beneficiary's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 11. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust, or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. 12. Successors and Assigns Bound. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the Beneficiary and Trustor subject to the provisions of this Deed of Trust. 13. Joint and Several Liability. All covenants and agreements of Trustor shall be joint and several. 14. Notice. Except for any notice required under applicable law to be given in another manner: (a) any notice to Trustor provided for in this Agency Deed of Trust will be given by certified mail, return receipt requested, addressed to Trustor at Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, 17821 17'h Street, Suite 120, Tustin, California 92780, Attention: Gina R. Scott/Executive Director; (b) any notice to the Beneficiary will be given by certified mail, return receipt requested, to the Beneficiary at 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California 92702, Attention: Housing Division Manager, or at such other address as the Beneficiary may designate by notice to Trustor as provided above; and, (c) to Trustee at 888 S. Figueroa Street, Suite 2100, Los Angeles, CA 90017. Notice shall be effective as of the date received as shown on the return receipt. 15. Governing Law. This Deed of Trust shall be governed by the laws of the State of California with venue in Orange County. 16. Severabitity. In the event that any provision or clause of this Deed of Trust or the Agency Promissory Note conflicts with applicable law, such conflict will not affect other provisions of this Deed of Trust or the Agency Promissory Note that can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Agency Promissory Note are declared to be severable. 17. Captions. The captions and headings in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 18. Default in Foreclosure, Remedies. Upon Trustor's breach of any covenant or agreement of Trustor in this Deed of Trust or secured by this Deed of Trust, including, but not limited to, the covenants to pay, when due, any sums secured by this Deed of Trust, or the occurrence of any "Event of Default" (as defined in the Agency Promissory Note), the Beneficiary may declare all sums secured by this Deed of Trust immediately due and payable by delivering to Trustor notice thereof, specifying: (1) the breach; (2) the action required to cure such breach; (3) a date not less than thirty (30) days from the date the notice is received by Trustor, as shown on the return receipt, by which such breach is to be cured, provided, however, that if such Event of Default is not reasonably susceptible to being cured within thirty (30) days, Trustor shall have a reasonable period to cure the defect, so long as Trustor is diligently prosecuting the cure to completion; and, (4) that failure to cure such breach on or before the date specified in the notice may result in City Council 16 — 141 12/7/2021 AAV MII:1kWJ acceleration of the sums secured by this Deed of Trust and sale of the Security. The notice will also inform Trustor of Trustor's right to reinstate after acceleration and the right to bring a court action to assert the non-existence of default, or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, or such longer period as provided above or in the Agency Promissory Note or the Agreement, the Beneficiary, at the Beneficiary's option, may: (a) declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by California law; (b) either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Security and take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the Beneficiary shall be entitled to exercise every right provided for in this Deed of Trust, or by law upon occurrence of any uncured breach, including the right to exercise the power of sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof, (d) deliver to the Trustee a written declaration of default and demand for sale, pursuant to the provisions for notice of sale found at California Civil Code sections 2924, et seq., as amended from time to time; or, (e) exercise all other rights and remedies provided herein, in the instruments by which Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby, or provided by law. The Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including, but not limited to, reasonable attorneys' fees. 19. Trustor's Right to Reinstate. Notwithstanding the Beneficiary's acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by the Beneficiary to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Security pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Trustor pays the Beneficiary all sums that would be then due under this Deed of Trust (prior to any acceleration under the Agency Promissory Note has occurred); (b) Trustor cures all breaches of any other covenants or agreements of Trustor contained in this Deed of Trust; (c) Trustor pays all reasonable expenses incurred by the Beneficiary and the Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust and in enforcing the Beneficiary's and the Trustee's remedies, including, but not limited to, reasonable attorneys' fees; and, (d) Trustor takes such action as the Beneficiary may reasonably require to assure that the lien of this Deed of Trust, the Beneficiary's interest in the Security and Trustor's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired subject to the lien of any Senior Deed of Trust. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred. City Council 16 — 142 12/7/2021 AAV MII:1kWJ 20. Acceptance by Trustee. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any parry to this Deed of Trust of pending sale under any other deed of trust or any action or proceeding in which Trustor, Beneficiary, or Trustee shall be a parry, unless brought by Trustee. 21. Reconveyance. Upon payment of all sums secured by this Deed of Trust, the Beneficiary will request the Trustee to reconvey the Security and will surrender this Deed of Trust and the Agency Promissory Note to the Trustee. The Trustee will reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons will pay all costs of recordation, if any. 22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from time to time remove the Trustee and appoint a successor trustee to any Trustee appointed hereunder. The successor trustee will succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 23. Request for Notice. Trustor requests that copies of the notice of default and notice of sale be sent to Trustee at the address set forth in Section 14 above. 24. Nonrecourse Liability. Neither Trustor nor any partner, employee, director, officer affiliate, agent or representative of Trustor nor any other person or entity shall have any personal liability under the Agreement, Agency Promissory Note, or this Deed of Trust, and any judgment, decree or order for payment of money obtained in any action to enforce the obligation of Trustor to repay the loan evidenced by such documents shall be enforceable against Trustor only to the extent of Trustor's interest in the Property. (Signatures on Following Page) City Council 16 — 143 12/7/2021 AAV MII:1k0J IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above. Shelter Providers of Orange County, Inc. DBA HomeAid Orange County Gina R. Scott Its: Executive Director City Council 16 — 144 12/7/2021 AAV MII:1kWJ Exhibit D: Agency Promissory Note City Council 16 — 145 12/7/2021 LOW AND MODERATE INCOME HOUSING ASSET FUNDS PROMISSORY NOTE SECURED BY SUBORDINATED DEED OF TRUST TO THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA (801 E. Santa Ana Blvd., Santa Ana, California) $1,656,947.00 1. Principal Amount of Loan , 2021 Santa Ana, California FOR VALUE RECEIVED, Shelter Providers of Orange County, Inc. DBA HomeAid Orange County ("Borrower"), hereby promises to pay to the Housing Authority of the City of Santa Ana (CA093), acting as the Housing Successor Agency, a public body, corporate and politic ("Agency"), or order, a principal amount not to exceed ONE MILLION SIX HUNDRED FIFTY- SIX THOUSAND NINE HUNDRED FORTY-SEVEN AND NO/100 DOLLARS ($1,656,947.00), or so much thereof as may be advanced by the Agency to the Borrower, due and payable with 3% simple Interest from the date of issuance of the Certificate of Occupancy/Completion by residual receipts over the fifty-five (55) year term, pursuant to the Agency Loan Agreement (said "Agreement") between Borrower and the Agency dated concurrently herewith, which is incorporated herein by this reference. This loan is funded exclusively from the Low and Moderate Income Housing Asset Fund held by the Agency (the "Agency Funds"). Any capitalized term not otherwise defined in this Promissory Note ("Note") shall have the meaning ascribed to such term in the Agreement. The obligation of Borrower to Agency hereunder is subject to the terms of said Agreement, the Affordability Restrictions on Transfer of Property, Agency Deed of Trust and this Note. Said documents are public records on file in the offices of the Agency, and the provisions of said documents are incorporated herein by this reference. This Note, said Agreement, the Affordability Restrictions on Transfer of Property, and the Deed of Trust are sometimes collectively referred to herein as the "Loan Documents". The rights and responsibilities provided for in the Loan Documents shall inure to the benefit of the Agency. Any capitalized term that is not otherwise defined herein shall have the meaning ascribed to such term in the Agreement. This Note evidences the obligation of Borrower to the Agency for repayment of the Agency Loan of Agency Funds attributable to the acquisition, development, and construction of the Property, and related soft costs. This Note is payable at the principal office of the City of Santa Ana — Community Development Agency, 20 Civic Center Drive, Santa Ana, California 92702, Attn: Housing Division, or at such other place as the holder hereof may inform Borrower in writing, in lawful money of the United States. City Council 16 — 146 12/7/2021 AAV MII:1kWJ 2. Definitions. For the purpose of calculating the payments to be made by Borrower to Agency pursuant to this Note, the following terms shall have the following respective meanings: "Agency Assisted Units" shall mean those affordable rental units constructed on the Property, which are subject to the 55-year Term of Affordability. "Agency Funds" shall mean the money provided by the Housing Successor Agency from the Low and Moderate Income Housing Asset Fund for the construction of the Agency Assisted Units hereunder. "Agency Loan" means a loan in the original principal amount of up to One Million Six Hundred Fifty -Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00) to be made to Borrower by the Agency to be funded exclusively from the Low and Moderate Income Housing Asset Fund held by the Agency. "Agency's Percentage" with reference to the Residual Receipts, shall mean the Agency's pro rata share of fifty percent (50%) of the total Residual Receipts from the Property as further described in section 4 hereof, allocated to the Loan, NPLH Loan and SNHP Loan based on the original principal amount of such loans. "Agreement" means the Agency Loan Agreement between the Agency and the Borrower, and any attachments or amendments thereto. "Applicable Law" shall mean those federal, state and local laws, ordinances, regulations, policies and procedures applicable to the Agency Housing Program, and the Agency Funds. "Area Median Income" means the median income for the Orange County, California PMSA as most recently determined by the U.S. Department of Housing and Urban Development ("HUD"). Also may be referred to interchangeably in the Agency Loan Documents as "Median Income for the Area" or "AMP'. "Annual Operating Expenses" means the sum of the following: (i) payments of principal and interest and all other charges relating to the Senior Loan(s); (ii) property management fee not to exceed 5% of gross rents; (iii) owner administration fee not to exceed 5% of gross rents; (iv) deposits into required reserves; (v) all other actual, reasonable cash operating costs and expenses, calculated on an annual basis, that are directly attributable to managing and operating the Property, including, without limiting the generality of the foregoing, the following: costs and expenses for real and personal property taxes, special assessments or similar charges; water, fuel, electricity and other utilities; heating, ventilation and air conditioning expenses; labor; supplies; tools; City Council 16 — 147 12/7/2021 AAV MII:1kWJ equipment; insurance; advertising and marketing; accounting and legal fees; brokerage commissions and other leasing expenses; reasonable reserves for all anticipated expenses as approved by the Agency; and other such items constituting operation, maintenance and repair costs actually paid by the Borrower, subject to the following conditions: (a) Depreciation and amortization expenses shall not be considered Operating Expenses, except as otherwise provided herein; and, (b) Any expenses, compensation or fees paid to any affiliate of Borrower, excluding those payable under (iii), shall only be included as Operating Expenses to the extent they are not in excess of the reasonable expenses, compensation or fees that would be payable to unrelated third parties in arms -length transactions for similar services in the Orange County, California area; "Annual Project Revenue" means all annual revenue generated by the Proj ect from any source, including, but not limited to, rent payments, governmental assistance housing payments, laundry and other vending machine and pay telephone income. Notwithstanding the foregoing, Annual Project Revenue shall not include the following items: (a) security deposits from subtenants (except when applied by Borrower to rent or other amounts owing by subtenants); (b) capital contributions to Borrower by its members, partners or shareholders (including capital contributions required to pay deferred developer fee); (c) condemnation or insurance proceeds; (d) there shall be no line item, expense, or revenue shown allocable to vacant unit(s) at the Project; or (e) receipt by an Affiliate of management fees or other bona fide arms -length payments for reasonable and necessary Operating Expenses associated with the Project. For purposes of this Lease, "Annual Project Revenue" shall expressly exclude any and all cash or in -kind donations and contributions made to the Borrower. "Borrower" means Shelter Providers of Orange County, Inc. DBA HomeAid Orange County. "Calendar Year" means each consecutive twelve (12) month period from January 1 to December 31. "Closing Costs" shall mean: (i) In the case of a Transfer, reasonable brokerage commissions payable to a broker as a result of the Transfer, which shall not in any event exceed the customary amount charged for similar transactions in the immediate market place, costs of title insurance premiums, escrow fees, recording charges, loan repayment charges and other costs reasonably incurred with respect to the Property, in each case actually paid by Borrower as a condition of the Transfer. City Council 16 — 148 12/7/2021 AAV MII:1kWJ (ii) In the case of a Refinancing, the reasonable and necessary costs of consummating such Refinancing, including, without limitation, loan fees, loan repayment charges, costs of title insurance premiums, escrow fees, recording fees and attorneys' fees. "Deed of Trust" shall mean the deed of trust encumbering the Property, in the form attached to the Agreement as Exhibit C, which is incorporated herein by this reference, to be executed by Borrower pursuant to section 6.1(e) of the Agreement in order to secure the Agency Promissory Note. ,,Extremely Low Income" means an adjusted income which does not exceed thirty percent (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HUD. "Ground Lease" shall mean that certain Ground Lease dated 2021, between Agency and Borrower. "Interest" shall mean that the Note shall bear simple interest from the date of issuance of the Certificate of Occupancy/Completion at a rate equal to Three percent (3%) per annum. "Low Income" means an adjusted income which does not exceed eighty percent (80%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HUD. "Property" shall have the meaning set forth in the Agreement. "Residual Receipts" shall mean the Annual Project Revenue from the Property for each year, less deductions for Annual Operating Expenses from the same Property, applicable to each such year to the extent not previously deducted as an Annual Operating Expense. "Senior Loan" shall have the meaning set forth in the Agreement. "Term of Affordability" or "Term" means the terms and conditions contained herein shall remain in effect for fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project, or repayment of the Agency Loan, whichever is longer. "Transfer" shall mean any transfer, assignment, conveyance or lease of the Property, or any portion thereof, or any interest therein by the Borrower. Transfer includes a sale in condemnation or under threat thereof. Notwithstanding anything to the contrary contained herein, a "Transfer" shall not include any Excluded Transfer or any other Transfer permitted under the Ground Lease or the Agreement. "Very Low Income" means an adjusted income which does not exceed fifty percent (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HUD. City Council 16 — 149 12/7/2021 AAV MII:1k0J 3. Loan Repayment. Borrower shall make payments to the Agency as provided in sections 4 (Residual Receipts), 5 (Refinancing Proceeds), 6 (Transfer Proceeds) and 7 (Accelerated Loan Repayment) of this Note. 4. Annual Loan Repayment/ Residual Receipts. a. Commencing on the date one hundred and fifty (150) days after the close of the initial Calendar Year following the issuance of the Certificate of Occupancy, and on or before the 1501h day of each Calendar Year thereafter, the Borrower shall thereafter make a loan payment, including any payment processing fee charged by the City's loan processor, as applicable, to the Agency annually, in the amount of the lesser of the outstanding balance due under this Note or the Agency's Percentage of the Residual Receipts, as provided herein. b. Within one hundred and fifty (150) days after the close of the initial Calendar Year, following the Issuance of the Certificate of Occupancy, and on or before the 150th day of each Calendar Year thereafter, the Borrower shall submit to the Agency an audited financial statement of Annual Project Revenues and Annual Operating Expenses attributable to the Property for the applicable Calendar Year, along with a computation of the amount of the Residual Receipts applicable to such Calendar Year with which to make an Agency Loan payment then due. C. Except as otherwise provided, the Borrower shall pay to the Agency the Agency's Percentage of the Residual Receipts as payment of the Agency Loan pursuant to Section 4(d) below. At least fifty percent (50%) of the Residual Receipts shall remain with the Borrower, with all Residual Receipts remaining with Borrower, once the Agency Loan has been fully repaid. d. Borrower shall retain fifty percent (50%) of the Residual Receipts. The other fifty percent (50%), shall be applied to this Agency Loan. e. The Residual Receipts payment shall be made no later than one hundred and fifty (150) days after the close of the Calendar Year. Such payment shall be applied first to any late fees, then to reduce the principal balance of the loan. f. Agency's right to receive payments pursuant to this Section 4 shall be subject and subordinate to any Senior Lender's rights under the Senior Loan Documents. 5. Loan Repayment from Refinancing Proceeds. The Borrower shall make a loan payment to the Agency from every Refinancing that occurs during the term of this Note (other than refinancing of the Senior Loans), not to exceed the outstanding balance of principal on this Note, to the extent of the Agency's Percentage of the Refinancing Proceeds (if any), as follows: the cash proceeds from such Refinancing shall be applied first to pay Closing Costs; next, the amount necessary to pay in full the balance remaining on any Senior Loan; next, the amount necessary to pay any deferred developer fee in full; and next, City Council 16 — 150 12/7/2021 AAV MII:1kWJ the Borrower shall pay to the Agency the Agency's Percentage of the Refinancing Proceeds of which Agency Percentage shall be used to repay this Agency Loan, to the extent of the outstanding balance on this Note. All remaining Refinancing proceeds shall remain with the Borrower to the extent the outstanding balance (including interest) of the Note has been fully paid. Such payment shall be due on the date of such Refinancing, and shall be applied to reduce the principal balance of the Loan in accordance with this Section 5. The Agency shall not be required to reconvey the lien of the Deed of Trust if Refinancing Proceeds are insufficient to repay the Loan in full. 6. Loan Repayment from Transfer Proceeds. The Borrower shall make a loan payment, not to exceed the outstanding balance of principal on this Note, to the extent of the Agency's Percentage of the Transfer Proceeds, as follows: gross transfer proceeds are applied first to pay Closing Costs; next, to pay in full the balance remaining on the Senior Loan; next, the amount necessary to pay any deferred developer fee in full; and next, the Borrower shall pay to the Agency the Agency's Percentage of the Refinancing Proceeds of which Agency Percentage shall be used to repay the Agency Loan, not to exceed the outstanding amount of principal due on this Note. All remaining Transfer Proceeds shall remain with the Borrower. Such payment shall be due on the date of such Transfer, and shall be applied to reduce the principal balance of the Loan in accordance with this Section 6. The Agency shall not be required to reconvey the lien of the Deed of Trust if Transfer Proceeds are insufficient to repay the Loan in full. 7. Accelerated Loan Payment. The full principal amount outstanding shall be due and payable on the earlier to occur of the following: a. Transfer or Refinancing of the Property, unless: (i) in the case of a Transfer in which the Transfer Proceeds are insufficient to repay in full the Agency Loan, the Agency approves such sale and the purchaser assumes the balance of the Agency Loan in accordance with the terms of this Note; or (ii) in the case of a Refinancing in which the Refinancing Proceeds are insufficient to repay in full the Agency Loan, the Agency approves such Refinancing and the Borrower remains obligated pursuant to the terms of this Note; b. In the event of default (subject to any applicable notice and cure provisions) pursuant to any of the Loan Documents or the Senior Loan Documents; or c. The date that is fifty-five (55) years after the date of execution of this Note. To the extent the Loan is not repaid by that date, the Agency agrees to review the performance of the Property and consider in good faith any reasonable request by Borrower to modify the terms or extend the Term of this Note, if applicable. 8. Prepayment City Council 16 — 151 12/7/2021 AAV MII:1k0J Borrower may prepay the outstanding principal balance under this Note, in whole or in part, at any time without penalty. However, the Affordability Covenants and Restrictions will remain for the entire Affordability Period of fifty-five (55) years. 9. Lawful Money. Principal is payable in lawful money of the United States of America. 10. Application of Payments; Late Charges. a. Any payments received by the Agency pursuant to the terms hereof shall be applied first to sums, other than principal, due the Agency pursuant to this Note, and the balance, if any, to the payment of principal. b. If any payment is not received by the Agency within ten (10) Business Days after Borrower's receipt of written notice that such payment was not received when due; then in addition to the remedies conferred upon the Agency pursuant to this Note and the other Loan Documents: (i) a late charge of four percent (4%) of the amount due and unpaid will be added to the delinquent amount to compensate the Agency for the expense of handling the delinquency; and, (ii) the amount due and unpaid, excluding the late charge, shall bear interest at the highest annual rate which may lawfully be charged and collected under applicable law on the obligation, evidenced by this Note, computed from the date on which the amount was due and payable until paid. Without prejudice to the rights of the Agency hereunder, or under any of the other Loan Documents, Borrower shall indemnify the Agency against, and shall pay the Agency on demand, any expense or loss which it may sustain or incur as a result of the failure by Borrower to pay when due any installment of principal, fees, or other amounts payable to the Agency under this Note or any other Loan Document that exceeds the amount of the late charge described above, to the extent that any such expense or loss is not recovered pursuant to such foregoing provisions. A certificate of the Agency setting forth the basis for the determination of the amounts necessary to indemnify the Agency in respect of such expenses or direct loss, submitted to Borrower by the Agency, shall be conclusive and binding for all purposes except as immediately corrected by Borrower notice to Agency. 11. Security This Note is secured by the recorded Deed of Trust. 12. Event of Default. Subject to the provisions of Section 19, the occurrence of any of the following shall be deemed to be an event of default which is not cured within the applicable time period described therein ("Event of Default") hereunder: (a) failure by Borrower to make any payments provided for herein, and if such default is not made good within ten (10) Business Days after Borrower's receipt of written notice that such payment was not received when due; (b) failure by Borrower to City Council 16 — 152 12/7/2021 AAV MII:1kWJ perform any nonmonetary covenant or agreement under this Note within thirty (30) days after written demand therefor by Agency (or, in the event that more than thirty (30) days is reasonably required to cure such default, should Borrower fail to promptly commence such cure, and diligently and continuously prosecute same to completion; (c) any "Event of Default" under the Ground Lease, the Deed of Trust, the Agreement, or the Affordability Covenants and Restrictions, or (d) a default under any Senior Loan Deed of Trust that remains uncured after any applicable notice has been provided and the expiration of any applicable cure period therefore, if any, provided therein. 13. Remedies. Upon the occurrence of an Event of Default, after any applicable notice has been provided and the expiration of any applicable cure period therefore, Agency may declare all sums evidenced hereby immediately due and payable by delivery to the Trustee named in the Deed of Trust securing this Note, and to Borrower, written declaration of default and demand for sale, and written notice of default and of election to cause the Property to be sold, which notice Trustee shall cause to be duly filed for record and Agency may foreclose on the Deed of Trust. Agency shall also deposit with Trustee the Deed of Trust, this Note and all documents evidencing expenditures secured thereby and evidenced hereby. Upon the occurrence of an Event of Default (and so long as such Event of Default shall continue), the entire balance of principal shall bear interest at the rate of the Note plus four percent (4%). No delay or omission on the part of the Agency in exercising any right under this Note or under any of the other Loan Documents shall operate as a waiver of such right. 14. Attorney Fees. If this Agency Promissory Note is not paid when due or if any Event of Default occurs, Borrower promises to pay all costs of enforcement and collection, including, but not limited to, reasonable attorneys' fees, whether or not any action or proceeding is brought to enforce the provisions hereof. 15. Severability. Every provision of this Note is intended to be severable. In the event any term or provision hereof is declared by a court of competent jurisdiction, to be illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and provisions hereof, which terms and provisions shall remain binding and enforceable. 16. Number and Gender. In this Note the singular shall include the plural and the masculine shall include the feminine and neuter gender, and vice versa, if the context so requires. 17. Non -recourse. City Council 16 — 153 12/7/2021 AAV MII:1kWJ The Agency Loan is a nonrecourse obligation of the Borrower. Neither Borrower, nor any member, partner, officer, director, employee, agent or representative of Borrower, nor any other person or entity shall have any personal liability for repayment of the Agency Loan or for any other amounts under any of the documentation evidencing, securing or describing the Agency Loan. The sole recourse of Agency under this Note and the Deed of Trust for repayment of the Agency Loan and for such other amounts arising therefrom shall be the exercise of its rights against the Property and related security thereunder. 18. Subordination. It is hereby expressly agreed and acknowledged by Borrower and Agency that the Deed of Trust is a subordinate deed of trust, and that this Note is subject and subordinate to any Senior Loan Documents. 19. Notice of Default. a. Subject to the applicable cure periods set forth in section 12, and subject to the further provisions of this section 19, failure or delay by the Borrower to perform any term or provision of this Note constitutes a default under this Note. The Borrower must commence to cure, correct, or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence. b. The Agency shall give written notice of default to the Borrower and the Investor Limited Partner (as defined in the Agreement) specifying the default complained of by the Agency. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. c. Except in the case of a monetary event of default, the Borrower shall not be in default so long as it endeavors to complete such cure, correction or remedy with reasonable diligence, provided such cure, correction or remedy is completed within the applicable time period set forth herein after receipt of written notice (or such additional time as may be deemed by the Agency to be reasonably necessary to correct the default). d. Any failures or delays by the Agency in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies. Delays by the Agency in asserting any of its rights and remedies shall not deprive the Agency of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert, or enforce any such rights or remedies. e. If a monetary event of default occurs under the terms of this Note or the Deed of Trust, prior to exercising any remedies thereunder, Agency shall give Borrower written notice of such default. Borrower shall have a period of ten (10) Business Days after such notice is received within which to cure the default prior to exercise of remedies by Agency under this Note and the Deed of Trust. City Council 16 — 154 12/7/2021 AAV MII:1kWJ f. If a non -monetary event of default occurs under the terms of this Note or the Deed of Trust, prior to exercising any remedies thereunder, Agency shall give Borrower notice of such default. If the default is reasonably capable of being cured within thirty (30) days, Borrower shall have such period to effect a cure prior to exercise of remedies by the Agency under this Note and the Deed of Trust. If the default is such that it is not reasonably capable of being cured within thirty (30) days, and Borrower: (i) initiates corrective action within said period; and, (ii) diligently, continually, and in good faith works to effect a cure as soon as possible, then borrower shall have such additional time as is reasonably necessary to cure the default prior to exercise of any remedies by Agency. In no event shall Agency be precluded from exercising remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within one hundred and eighty (180) days after the first notice of default is given. 20. Force Majeure. Notwithstanding specific provisions of this Note, performance hereunder shall not be deemed to be in default where delays or defaults are due to: war; terrorism; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God or other deities; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor or supplier; acts of the other party; acts or failure to act of the Agency or any other public or governmental Agency or entity (except that any act or failure to act of Agency shall not excuse performance by Agency); or any other causes beyond the reasonable control, or without the fault of the parry claiming an extension of time to perform (each a "Force Majeure Event"). An extension of time for any Force Majeure Event shall be for the period of the enforced delay and shall commence to run from the time the parry claiming such extension gives notice to the other party, provided notice by the party claiming such extension is given within thirty (30) days after the commencement of the cause. Times of performance under this Note may also be extended in writing by the Agency and the Borrower. 21. Assignments. The Agency, and the assignee of the Agency, shall have the right to assign this Note and the Deed of Trust securing this Note, without any further act of Borrower. The assignee shall give notice to Borrower as soon as practicable after such assignment. City Council 16 — 155 12/7/2021 AAV MII:1k0J This Agency Promissory Note is hereby agreed to and executed on the date first set forth above. "BORROWER" Shelter Providers of Orange County, Inc. DBA HomeAid Orange County. Gina R. Scott Its: Executive Director City Council 16 — 156 12/7/2021 AAV MII:1kWJ Exhibit E: Project Budget City Council 16 — 157 12/7/2021 AAV MII:1k0J Summary Project Name FX Residences Summary NPLH/SNHP/PBV Scope Units 17 Residential SF 8,975 Circulation Common Space 5,346 Total SF 14,321 Site Gross Area- Acres 0.34 Gross Area- SF 15,000 Lot Coverage 56% Footprint 8,382 Parking Spaces 12 Parking- SF 2,623 Parkin Spaces/Unit 0.71 Zoning Zoning- current UN7 Zoning- proposed UN-2 Allowable Density Density Bonus Max. Density with Bonus Max. Units 0 Froposed Density 49.4 Financing assumes 8 units assisted with NPLH capital and COSR, 13 units assisted with SNHP capital and 4 units assisted with SNHP COSR, and 3 PBV units. Unit Mix Units Percentage Studio 0 0% 113D 17 100% 2BD 0% 3BD 0 0% Total 17 100% Affordability Units Percentage 25%AMI 9 44% 30%AMI 7 44% 50%AMI 0 0% 60%AMI 0 0% Total 16 100% Average Affordability 27.2% AMI Avera e Rent $ 249 Net Rent Range Low High Studio 113D $ 249 $ 249 2BD 3BD Summary of Costs Total Per Unit Per SF % of TDC Land Costs $ 788,000 $ 46,353 $ 55 10% Hard Costs $ 4,932,174 $ 290,128 $ 344 64% Soft Costs $ 1,524,621 $ 89,684 $ 106 20% Developer Fee $ 442,000 $ 26,000 $ 31 6% Total Development Costs $ 7,686,795 $ 452,164 $ 537 Development Costs Total Per Unit Per SF % of TDC Land & Acquisition $ 788,000 $ 46,353 $ 55 10% Construction $ 4,932,174 $ 290,128 $ 344 64% Local Fees $ 533,000 $ 31,353 $ 37 7% Financing Costs $ 328,997 $ 19,353 $ 23 4% Soft Costs $ 544,790 $ 32,046 $ 38 7% Developer Fee $ 442,000 $ 26,000 $ 31 6% Reserves $ 117,834 $ 6,931 $ 8 20/ , Total $ 7,686,795 $ 452,164 $ 537 100% Summary of Sources Total Per Unit Per SF % of TDC NPLH $ 1,562,631 $ 91,919 $ 109 20% SNHP $ 2,047,253 $ 120,427 $ 143 27% City of Santa Ana $ 1,656,947 $ 97,467 $ 116 22% City of Santa Ana Lease $ 788,000 Wells Fargo Grant $ 25,000 $ 1,471 $ 2 0% OCHFT $ 832,000 $ 48,941 $ 58 11% In -Kind $ 704,963 $ 41,468 $ 49 Developer Contribution $ 70,000 $ 4,118 $ 5 1% Total $ 7,686,794 $ 360,225 $ 428 80% Surplus/Deficit (0) City Council 16 - 158 12/7/2021 FX Proforma 11/23/2021 Sources Uses FX Residences Sources and Uses Development Sources Terms Amount Per Unit Per SF Predevelopment Construction Permanent Percent of Total Permanent Loan 5E%, 35 yrs - 0.00 - 0.00% N PLH Residual aeceiprs,aes:islluni� 1,562,631 91,919 109.11 1,562,631 20.33% SNHP Residual Receipts, t3 assisted unis 2,047,253 120,427 142.95 2,047,253 26.63% City of Santa Ana Rssiduel Receipts 1,656,947 97,467 115.70 1,656,947 21.56% City of Santa Ana Lease 788,000 46,353 55.02 788,000 10.25% Wells Fargo Grant 25,000 1,471 1.75 25,000 0.33% OCHFT 832,000 48,941 58.10 712,500 119,500 10.82% In -Kind 704,963 41,468 49.23 704,963 9.17% Developer Contribution 70,000 4,118 4.89 70,000 0.91% Lending Partner 5.05%,3-month term - - 0.00 - Construction Loan 5.05%,24, nthtens 3,601,268 211,839 251.47 3,601,268 (3,601,268) Total 1 7,686,794 1 452,164 1 536.75 1 1,500,500 6,177,678 8,616 1 100.00% Surplus/Deficit (0) (0.00) Project Predevelopment Construction Permanent Const/Rehab Development Costs Assumptions Total Per Unit Per SF Eligible Basis Acquisition Property Purchase 788,000 46,353 55.02 788,000 Legal/Broker Fees - 0.00 - Real Estate Taxes, Insurance - 0.00 - Title and Recording 0.00 Total Acquisition 788,000 46,353 55.021 788,000 Construction Structures & Site Work 3,518,281 206,958 245.67 3,518,281 3,518,281 General Requirements 4% 128,701 7,571 8.99 128,701 128,701 Contractor Overhead 4% 128,701 7,571 8.99 128,701 128,701 Prevailing Wage - - 0.00 - ContractorProfit 4% 167,891 9,876 11.72 167,891 167,891 Surety&Bonds 0% - 0.00 - - General Liability/Builders Risk Ins. 2% 60,000 3,529 4.19 60,000 60,000 Security 95,000 5,588 6.63 95,000 95,000 Construction Material Increase 12% 433,600 25,506 30.28 433,600 433,600 Hard Cost Contingency 8.83% 400,000 23,529 27.93 400,000 400,000 Total Construction 4,932,174 290,128 344.40 4,932,174 4,932,174 Permit & Impact Fees Planning Fees 108,000 6,353 7.54 108,000 108,000 Plan Check, Permit & Inspection Fees - 0.00 - - Impact Fees 425,000 25,000 29.68 425,000 425,000 Total Permit & Impact Fees 533,000 31,353 37.22 1 533,000 533,000 Financing Perm Title/Recording/Escrow 11,500 676 0.80 11,500 Perm Orig. Fees & Expenses 1.0% - 0.00 - Construction Loan Interest 5.05%et60% out 12 mos-3 mo. 100% 154,584 9,093 10.79 154,584 108,038 Origination Fee 1.0% 36,013 2,118 2.51 36,013 36,013 Taxes During Construction - 0.00 - - Legal 50,000 2,941 3.49 50,000 50,000 Title and Recording 20,000 1,176 1.40 20,000 20,000 Lender Fees (appraisal, etc.) 56,900 3,347 3.97 56,900 56,900 Predevelopment Loan Fee 1.0% - - 0.00 - PredevelopmentLoan Interest 5.05%at60%out3 mos. - - 0.00 - Total Financing 328,997 19,353 22.97 317,497 11,500 270,951 Soft Costs Architecture 50,000 2,941 3.49 35,000 15,000 50,000 Engineering 75,000 4,412 5.24 52,500 22,500 75,000 Appraisal 15,000 882 1.05 15,000 Environmental Studies 15,000 882 1.05 15,000 15,000 Legal- Organization & Loans - 0.00 - Marketing/Lease-up 15,000 882 1.05 15,000 Furnishings 50,000 2,941 3.49 50,000 50,000 Market Study 9,000 529 0.63 9,000 9,000 Audit/Cost Certification 22,000 1,294 1.54 22,000 22,000 Construction Inspection 15,000 882 1.05 15,000 15,000 Survey 8,000 471 0.56 8,000 8,000 Insurance 58,800 3,459 4.11 58,800 58,800 Financial Consultant 50,000 2,941 3.49 15,000 15,000 20,000 Security 30,000 1,765 2.09 30,000 Soft Cost Contingency 131,990 7,764 9.22 30,000 30,000 71,990 131,990 Total Soft Costs 544,790 32,046 38.04 179,500 251,300 113,990 434,790 Developer Fee 442,000 26,000 30.86 88,400 353,600 442,000 Reserves NPLH Required Transition Reserve 12-ths 57,216 3,366 4.00 57,216 Services Reserve - - 0.00 - OperatingReserves 4 months a top sxp.,rsse .s,dent 60,618 3,566 4.23 6Q618 Total Reserves 117,834 6,931 8.23 117,834 Total Development Costs 7,686,795 452,164 536.75 1,500,500 5,589,371 596,924 6,612,915 City Council 16 - 159 12/7/2021 FX Proforma 11/23/2021 AAV MII:1kwJ Exhibit F: Scope of Work/Schedule of Performance City Council 16 — 160 12/7/2021 AAV MII:11110J EXHIBIT F SCOPE OF WORK & SCHEDULE OF PERFORMANCE SCOPE OF WORK The project includes new construction of a 17-units of permanent supportive house for Chronically Homeless adult individuals, The residential community includes 2 story building with a courtyard feature. Includes attached tandem parking carport. The ground floor level will contain community space for services and activities, offices for services and the onsite management unit. Laundry facilities are located on both 1 st and 2nd floorfor tenant use only. Access to the courtyard and carport is through the ground floor. The structure has been designed in a Spanish style architecture to match the character of the existing neighborhood. The site improvements componentof the project also includes new landscape and hardscape. The proposed landscape palette includes drought -tolerant plants, and hardscape complement the Spanish architectural style of the building. City Council 16 — 161 12/7/2021 v E z V O 0 N K O V v ri lD I, 00 d lD I, r-I Ln r-I r-I r-I ri ri N N\ N\\ N N N N N \ N\ N \ \ 00 I� n N \ M N N'T N\\ N N� N� \ \ \ N N O N \ � \ \ r-I \ i�-I r-I \ Lr) \ �) \ 11 ri ri Ln —i Ln M \ M Lr) Lli `—^ OJ aJ Z3 OJ 4J 4J GJ `� N LT ccp G ccp LL G >o >o ri N N N N r'I r-I N N N N M N\ N M M M\ \ N\ N \ Lr) 11 t\ \ r, \ N N N ItT 01 \ Ol \ N N N Lr) O \ O \ \ \ N \ ItT \ ItT N \ \ \ N M N M \ r-I \ � r1 ri ri \ i" I r-I r-I Lli 00 r-I 00 r-I I \ � \ \ Ln Ln Ln \ Vl Ill aJ OJ aJ aJ aJ pp cc �--I OJ >N >N >N Z N M V) LL LL C LL G LL > > > � O_ c v) cn T cn cn T O of T of 0 of f0 of T T of �0 of ._, m � f0 T '0 T -O T "p T ro ro T -O T T M O -0 ro 'O N - ul O M O M M -0 M -0 N m 'O 'O l0 _0 lD 00 ro N ro ro -O lD -O -O 0) O �D rl O r-I O rl O n g O N r-I O + 4J E U aJ aJ 00 C aN+ N ++ ° -0 S? > aJ aJ E +'° ° ° u E � - E o LL C: 0 p. u mE U u° � O Q u ° r C N � a`J M u D_ ° O c ro O •+� ,o ° ° p u aU-' O N C O C OJ ° O U aJ t:Lop ++ t J , � r0 i U (0 E mC E U Y E U� N 00 O_ -6 — i U p p � N `,� U = 2 'p O L aJ � 'r U> O v) to D_ 00 Z O C rn LL L.L rail O aJ C (D U U w 0 3 U a) Li- u O v E o o 2 0 ° ° u u N r- N M l.rl to r- 00 m N M 11 l.rl lD W Ql x LL Q AAV MII:1kWJ Exhibit G: Form of Residual Receipts Report City Council 16 — 163 12/7/2021 f D►:1111:11 Keel FORM OF RESIDUAL RECEIPTS REPORT Community Development Agency of the City of Santa Ana Residual Receipts Report for the Year Ending, Date Prepared Please complete the following information and execute the certification at the bottom of this form. Annual Project Revenue Please report Annual Project Revenue for the year ending on the following lines: Rent Payments (including Section 8 tenant assistance payments, if any) (1) $ Interest Income (do not include interest income from replacement and operating reserves nor interest income on tenant security deposits) (2) $ Additional Income (for example, vending machine income, tenant forfeited deposits, laundry income not paid to the residents' association) Total Annual Project Revenue (Add lines 1, 2, and 3) Operating Expenses' Please report Operating Expenses incurred for the year ending on the following lines: Operating and Maintenance Expenses Utilities Property Management Expenses and On -Site Staff Payroll Administrative Expenses Property Taxes Insurance (4) $ (6) (7) m (8) $ (9) $ (10) $ City Council 16 — 164 12/7/2021 AAV MII:1111WJ Other Expenses (11) $ Please list these expenses: Total Annual Operating Expenses for the Housing Project (12) $ (Add lines 5, 6, 7, 8, 9, 10, and 11) Net Operating Income (Subtract Line 12 from Line 4) (13) $ Do not include expense unrelated to the operation ofthe Rental Portion of the Project, such as depreciation, amortization, accrued principal and interest expense on deferred payment debt, or capital expenditures. Additional Cash Flow Payments Obligated First Mortgage Debt Service Payments (as approved by the Agency and (14) $ other parties that may have such approval rights) and Obligated Secondary Subordinate Debt Service Payments (as approved by the Agency and other parties that may have such approval rights) Scheduled Deposits to Reserves (as approved by the Agency) (15) $ Additional Payment Obligations (such as partnership management fees, deferred (16) $ developer fees, or repayments on loans to partners, as approved by the Agency to have priority over Residual Receipt Payment to the Agency) Total Additional Cash Flow Payments (Add lines 14, 15, and 16) (17) $ Residual Receipts for Year Ending (18) $ (Subtract Line 17 from Line 13) Percentage of Residual Receipts to be Paid to the Agency (as shown in the (19) % Promissory Note by and between the Agency and Borrower dated Amount Payable to the Agency (Multiply Line 18 by Line 19) (20) $ The amount payable to the Agency listed on Line 20 is subject to payment according to the terms of the Promissory Note by and between the Agency and Borrower dated . If Line 20 is $0.00 or negative, you owe nothing to the Agency this year. If Line 20 is a positive number, remit check payable to and attach to this report. City Council 16 — 165 12/7/2021 EXHIBIT 5 GROUND LEASE THIS GROUND LEASE ("Lease") is made and effective as of the day of 2021 ("Effective Date") by and between the HOUSING AUTHORITY OF THE CITY OF SANTA ANA, a public body, corporate and politic (the "Agency" and "Lessor"), and SHELTER PROVIDERS OF ORANGE COUNTY, INC. DBA HOMEAID ORANGE COUNTY (hereinafter called "Tenant") (also referred to hereinafter each as "Party" or collectively as the "Parties"). RECITALS A. Lessor is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 801, 807, 809 and 809 '/z East Santa Ana Boulevard, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Lessor desires to enter into an agreement for a 99-year ground lease of the Property with Tenant and the Tenant desires to lease and develop the Property with the Project as defined herein, subject to the terms and provisions of this Lease. C. Tenant is proposing to develop an affordable rental residential community consisting of seventeen (17) units with sixteen (16) units of permanent supportive housing for chronically homeless individuals and 1,120 square feet of group space and a 389 square foot community room on the Property. D. Lessor and Tenant have jointly agreed to enter into this Lease as of the date set forth above. E. On January 15, 2019, the Agency authorized the Executive Director of the Housing Authority and the Recording Secretary to execute a pre -commitment letter with the Tenant for a 99- year ground lease of the land located at 801, 809, 809 '/z E. Santa Ana Blvd., for the development of the FX Residences Permanent Supportive housing project (APNs 398-303-04, 398-303-05, 398-303- 06, and 398-303-07). NOW, THEREFORE, in consideration of the above recitals, which are hereby incorporated into this Lease by reference, and mutual covenants and agreements hereinafter contained, Agency and Tenant mutually agree to the following: ARTICLE I DEFINITIONS 1.1 Definitions: The following defined terms used in this Lease shall have the meanings set forth below. Other terms are defined in other provisions of this Lease, and shall have the definitions given to such terms in such other provisions. 1.1.1. "Affiliate" shall mean, with respect to any person (which as used herein includes an individual, trust or entity), any other person which directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such person. City Council 16 — 166 12/7/20T�$e 11 9138-126780\1512539.3 GROUND LEASE 5 THIS GROUND LEASE ("Lease") is made and effective as of the day of , 2021 ("Effective Date") by and between the HOUSING AUTHORITY OF THE CITY OF SANTA ANA, a public body, corporate and politic (the "Agency" and "Lessor"), and SHELTER PROVIDERS OF ORANGE COUNTY, INC. DBA HOMEAID ORANGE COUNTY (hereinafter called "Tenant") (also referred to hereinafter each as "Party" or collectively as the "Parties"). RECITALS A. Lessor is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 801, 807, 809 and 809'/z East Santa Ana Boulevard, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Lessor desires to enter into an agreement for a 99-year ground lease of the Property with Tenant and the Tenant desires to lease and develop the Property with the Project as defined herein, subject to the terms and provisions of this Lease. C. 'Tenant is proposing to develop an affordable rental residential community consisting of seventeen (1.7) units with sixteen (16) units of permanent supportive housing for chronically homeless individuals and 1,120 square feet of group space and a 389 square foot community room on the Property. D. Lessor and Tenant have jointly agreed to enter into this Lease as of the date set forth above. E. On January 15, 2019, the Agency authorized the Executive Director of the Housing Authority and the Recording Secretary to execute a pre -commitment letter with the Tenant for a 99- year ground lease of the land located at 801, 809, 809'/z E. Santa Ana Blvd., for the development of the FX Residences Permanent Supportive housing project (APNs 398-303-04, 398-303-05, 398-303- 06, and 398-303-07). NOW, THEREFORE, in consideration of the above recitals, which are hereby incorporated into this Lease by reference, and mutual covenants and agreements hereinafter contained, Agency and Tenant mutually agree to the following: ARTICLE I DEFINITIONS 1.1 Definitions: The following defined terms used in this Lease shall have the meanings set forth below. Other terms are defined in other provisions of this Lease, and shall have the definitions given to such terms in such other provisions. 1.1.1. "Affiliate" shall mean, with respect to any person (which as used herein includes an individual, trust or entity), any other person which directly or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such person. Page 1 1 9138-126780\1512539.3 City Council 16 – 167 12/7/2021 EXHIBIT 5 1.1.2. "Agency" shall mean the Housing Authority of the City of Santa Ana, acting as the Housing Successor Agency, a public body, corporate and politic, exercising governmental functions and powers, and organized and existing under the California Redevelopment Law. The principal office of the Agency is located at 20 Civic Center Plaza, Santa Ana, California 92702. "Agency" shall also refer to the City of Santa Ana where the context dictates, to the effect that the City of Santa Ana shall have all rights granted to the Agency hereunder. 1.1.3. "Agency Loan" shall mean that certain loan made by Agency to Tenant pursuant to the Agency Loan Agreement in the principal amount of One Million Six Hundred Fifty - Six Thousand Nine Hundred Forty -Seven and No/100 Dollars ($1,656,947.00). 1.1.4. "Agency Loan Agreement" shall mean that certain Loan Agreement made by Agency to Tenant dated as of , which evidences the Agency Loan. 1.1.5. "Aggregate Transfer" shall refer to the total "Ownership Interest(s)" in Tenant transferred or assigned in one transaction or a series of related transactions (other than an Excluded Transfer) occurring since the latest of (a) the Effective Date, (b) the execution by Tenant of this Lease, or (c) the most recent Tenant Ownership Change; provided, however, that there shall be no double counting of successive transfers of the same interest in the case of a transaction or series of related transactions involving successive transfers of the same interest. Isolated and unrelated transfers shall not be treated as a series of related transactions for purposes of the definition of "Aggregate Transfer." 1.1.6. "Auditor -Controller" shall mean the Auditor -Controller, or designee, or upon written notice to Tenant, such other person as may be designated by the Agency. 1.1.7. "Base Rent" shall mean $1.00 per year, payable on the Commencement Date and on each anniversary thereof during the Term of this Lease. 1.1.8. "Certificate of Occupancy" shall mean a temporary or final certificate of occupancy (or other equivalent entitlement, however designated) which entitles Tenant to commence normal operation and occupancy of the Improvements. 1.1.9. "City" shall mean the City of Santa Ana, California, a charter city and municipal corporation. "City" shall also refer to the Agency where the context dictates, to the effect that the Agency shall have all the rights granted to the City hereunder. "City Council" shall mean the City Council of the City of Santa Ana. 1.1.10. "Claims" shall mean liens, claims, demands, suits, judgments, liabilities, damages, fines, losses, penalties, costs and expenses (including without limitation reasonable attorneys' fees and expert witness costs, and costs of suit), and sums reasonably paid in settlement of any of the foregoing. 1.1.11. "Commencement Date" shall mean the date on which a Certificate of Occupancy is issued for the Project, and on which the Term shall commence and Base Rent shall become due and payable. 1.1.12. "Contractor" shall mean Tenant's general contractor for the construction of the Improvements. City Council 16 — 168 12/7/20T�$e 12 9138-126780\1512539.3 EXHIBIT 5 1.1.13. "Effective Date" is defined in the introductory paragraph to this Lease, and shall be the date on which Tenant take possession of the Premises and is entitled to commence construction pursuant to Article V, below. 1.1.14. "Event of Default" is defined in Section 11.1. 1.1.15. "Excluded Transfer" shall mean any of the following: (a) A transfer by any direct or indirect partner, shareholder, or member of Tenant (or of a limited partnership, corporation, or limited liability company that is a direct or indirect owner in Tenant's ownership structure) as of the Effective Date or the date on which a Tenant Ownership Change occurred as to the interest transferred, to any other direct or indirect partner, shareholder, or member of Tenant (or of a limited partnership, corporation, or limited liability company that is a direct or indirect owner in Tenant's ownership structure) as of the Effective Date, including in each case to or from a trust for the benefit of the immediate family of any direct or indirect partner or member of Tenant who is an individual; (b) A transfer of an Ownership Interest in Tenant or in constituent entities of Tenant (1) to a member of the immediate family of the transferor (which for purposes of this Lease shall be limited to the transferor's spouse, children, parents, siblings, and grandchildren); (ii) to a trust for the benefit of a member of the immediate family of the transferor; (iii) from such a trust or any trust that is an owner in a constituent entity of Tenant as of the Effective Date, to the settlor or beneficiaries of such trust or to one or more other trusts created by or for the benefit of any of the foregoing persons, whether any such transfer described in this subsection is the result of gift, devise, intestate succession, or operation of law; or (iv) in connection with a pledge by any partners or members of a constituent entity of Tenant to an affiliate of such partner or member; (c) A transfer of a direct or indirect interest resulting from public trading in the stock or securities of an entity, when such entity is a corporation or other entity whose stock and/or securities is/are traded publicly on a national stock exchange or traded in the over-the-counter market and the price for which is regularly quoted in recognized national quotation services; (d) A mere change in the form, method, or status of ownership (including, without limitation, the creation of single -purpose entities) as long as the ultimate beneficial ownership remains the same as of the Effective Date, or is otherwise excluded in accordance with subsections (a) — (c) above; (e) A transfer to an Affiliated nonprofit public benefit corporation or for - profit corporation, or to a limited partnership whose general partner is a nonprofit corporation, for - profit corporation or limited liability company Affiliated with the Tenant or the Tenant's general partner, subject to the Agency's right to reasonably approve the agreement to effect such assignment or transfer; (f) The lease, assignment of lease or sublease of any individual residential unit in the Improvements; (g) A transfer of the Tenant's interest in the Premises by foreclosure or deed in lieu of foreclosure (1) to any bona fide third -party lender holding a lien encumbering the Premises (or its nominee), and (ii) by a Lender Foreclosure Transferee to a third -party made in City Council 16 — 169 12/7/20T�$e 13 9138-126780\1512539.3 EXHIBIT 5 accordance with Section 17.6.5; (h) Any assignment of the Lease by Tenant to an Affiliate of Tenant or to a Mortgagee as security in which there is no change to the direct and indirect beneficial ownership of the leasehold interest. 1.1.16. "Force Majeure Event" is defined in Article XIV. 1.1.17. "Hazardous Material(s)" is defined in Section 4.5. 1.1.18. "HCD" shall mean the California Department of Housing and Community Development. 1.1.19. "Improvement Costs" shall mean the final actual construction costs incurred by Tenant in connection with the construction of the Improvements and in accordance with the terms of this Lease, excluding ordinary repair and maintenance costs and any Permitted Capital Expenditures paid for out of the Replacement Reserve Fund. 1.1.20. "Improvements" shall mean and includes all buildings (including above- ground and below ground portions thereof, and all foundations and supports), building systems and equipment (such as HVAC, electrical and plumbing equipment), physical structures, fixtures, hardscape, paving, curbs, gutters, sidewalks, fences, landscaping and all other improvements of any type or nature whatsoever now or hereafter made or constructed on the Premises. The term Improvements shall mean the Initial Improvements and any replacement improvements constructed in accordance with the terms of this Lease. During the entire Term, the Improvements will be restricted to the following uses: (a) multifamily affordable housing, (b) permanent supportive housing units and related services, and (c) related commercial and community -serving uses as needed for the siting of the affordable housing and supportive housing units, as approved by the Lessor. 1.1.21. "Includes" shall mean "includes but is not limited to" and "including" shall mean "including but is not limited to." 1.1.22. "Initial Improvements" shall mean the improvements first constructed by Tenant on the Premises at its sole cost and expense as more particularly described in Exhibit B attached hereto and incorporated by reference herein. 1.1.23. "Interest Rate" shall mean the lower of: (a) the reference or prime rate of U.S. Bank National Association, in effect from time to time plus three percent (3%); or (b) the highest rate of interest permissible under the Laws not to exceed the rate of twelve percent (12%) per annum. 1.1.24. "Laws" shall mean all laws, codes, ordinances, statutes, orders and regulations now or hereafter made or issued by any federal, state, County, local or other governmental agency or entity that are binding on and applicable to the Premises and Improvements. 1.1.25. "Lease" shall mean this Ground Lease (including any and all addenda, City Council 16 — 170 12/7/20T�$e 14 9138-126780\1512539.3 EXHIBIT 5 amendments and exhibits hereto), as now or hereafter amended. 1.1.26. "Leasehold Estate" is defined in Section 17.1.1. 1.1.27. "Leasehold Foreclosure Transferee" is defined in Section 17.1.2. 1.1.28. "Leasehold Mortgage" is defined in Section 17.1.3. 1.1.29. "Leasehold Mortgagee" is defined in Section 17.1.4. 1.1.30. "Lender" shall mean: (a) a bank, savings bank, investment bank, savings and loan association, mortgage company, insurance company, trust company, commercial credit corporation, real estate investment trust, pension trust or real estate mortgage investment conduit; or (b) some other type of lender engaged in the business of making commercial loans, provided that such other type of lender has total assets of at least $2,000,000 and capital/statutory surplus or shareholder's equity of at least $500,000,000 (or a substantially similar financial capacity if the foregoing tests are not applicable to such type of lender); or (c) a local, state or federal governmental entity, including but not limited to HCD, which provides predevelopment, acquisition, construction and/or permanent financing for Tenant's acquisition and development of the Property. 1.1.31. "Lessor's Interest" shall mean all of Agency's interests in the real property, the Premises, this Lease and its existing, as well as the Improvements upon the expiration of the Term or earlier termination thereof. 1.1.32. "Lessor Parties" shall mean, collectively and individually, the Agency and their respective Affiliates, governing boards, agents, employees, members, officers, directors and attorneys. 1.1.33. "Net Refinancing Proceeds" is defined in Section 3.2. 1.1.34. "New Lease" is defined in Section 17.7.1. 1.1.35. "Operating Costs" is defined in Section 3.4.1. 1.1.36. "Ownership Interests" shall mean the share(s) of stock, partnership interests, membership interests, other equity interests or any other direct or indirect ownership interests in Tenant, regardless of the form of ownership and regardless of whether such interests are owned directly or through one or more layers of constituent partnerships, corporations, limited liability companies, or trusts. 1.1.37. "Person" shall include firms, associations, partnerships, joint ventures, trusts, corporations and other legal entities, including public or governmental bodies, agencies or instrumentalities, as well as natural persons. 1.1.38. "Premises" shall mean that certain real property containing approximately acres of undeveloped land in the City, together with all easements, rights and privileges appurtenant thereto, to be leased to Tenant pursuant to this Lease and on which Tenant intends to construct the Improvements. The legal description of the Premises is attached hereto as Exhibit A. 1.1.39. "Project" shall mean the Improvements, and all related appurtenances, City Council 16 — 171 12/7/20T�$e 15 9138-126780\1512539.3 EXHIBIT 5 constructed by Tenant on the Premises. 1.1.40. "Rent" shall mean and includes the Base Rent and Additional Rent payable by Tenant under this Lease. 1.1.41. "Risk Manager" shall mean the Risk Manager for the City of Santa Ana, or designee, or upon written notice to Tenant, such other person as may be designated by the City Council. 1.1.42. "Senior Loan" shall have the meaning set forth in the Loan Agreement. 1.1.43. "Taxes" is defined in Section 3.11.2. 1.1.44. "Tenant Group" shall mean Tenant and Tenant's Affiliates, agents, employees, members, officers, directors and attorneys. 1.1.45. "Tenant Ownership Change" shall mean (a) any transfer or assignment by Tenant of the Leasehold Estate or (b) any "Aggregate Transfer" of at least twenty five percent (25%) of the "Ownership Interest(s)" in Tenant, in each case that is not an "Excluded Transfer." 1.1.46. "Term" is defined in Section 2.2. 1.1.47. "Transfer" is defined in Section 10.1.1. 1.1.48. "Transfer Notice" is defined in Section 10.4. 1.1.49. "Utility Costs" is defined in Section 3.4.1. 1.1.50. "Work" shall mean both Tenant's construction activity with respect to the Improvements, including permitted future changes, alterations and renovations thereto and also including, without limiting the generality of the foregoing, site preparation, landscaping, installation of utilities, street construction or improvement and grading or filling in or on the Premises. ARTICLE II LEASE OF PROPERTY 2.1 Lease of Premises. 2.1.1. Lessor hereby leases the Premises to Tenant for the Term, and Tenant hereby leases the Premises from Lessor for the Term, subject to the terms, conditions, covenants, restrictions and reservations of this Lease. 2.1.2. Warranty of Peaceful Possession. Lessor covenants and warrants that, subject to the Tenant's payment of Rent and performance and observation of all of the covenants, obligations and agreements herein contained and provided to Tenant, Tenant shall and may peaceably and quietly have, hold, occupy, use and enjoy the Premises during the Term and may exercise all of its rights hereunder. Except as otherwise set forth herein, the Lessor covenants and agrees that they shall not grant any mortgage or lien on or in respect of its fee interest in the Premises unless the same is expressly subject and subordinate to this Lease or any New Lease. City Council 16 — 172 12/7/20T�$e 16 9138-126780\1512539.3 EXHIBIT 5 2.2 The "Term" of this Lease shall commence on the Effective Date of this Lease, and shall expire at 12:00 midnight Pacific Standard Time on the 991' anniversary of the Commencement Date, unless sooner terminated as a result of Tenant's non-compliance with any terms, conditions, covenants, restrictions or reservations of this Lease. Notwithstanding the foregoing, the Term shall not exceed ninety-nine (99) years from the Effective Date. 2.3 Termination at End of Term. This Lease shall terminate without need of further actions of any Party at 12:00 midnight Pacific Standard Time on the last day of the Term. 2.4 Condition of the Premises. TENANT HEREBY ACCEPTS THE PREMISES "AS IS", AND ACKNOWLEDGES THAT THE PREMISES IS IN SATISFACTORY CONDITION. AGENCY MAKES NO WARRANTY, IMPLIED OR OTHERWISE, AS TO THE SUITABILITY OF THE PREMISES FOR TENANT'S PROPOSED USES. THE AGENCY MAKE NO COVENANTS OR WARRANTIES, IMPLIED OR OTHERWISE, RESPECTING THE CONDITION OF THE SOIL, SUBSOIL, OR ANY OTHER CONDITIONS OF THE PREMISES OR THE PRESENCE OF HAZARDOUS MATERIALS, NOR DOES AGENCY COVENANT OR WARRANT, IMPLIED OR OTHERWISE, AS TO THE SUITABILITY OF THE PREMISES FOR THE PROPOSED DEVELOPMENT, CONSTRUCTION OR USE BY TENANT. THE AGENCY SHALL NOT BE RESPONSIBLE FOR ANY LAND SUBSIDENCE, SLIPPAGE, SOIL INSTABILITY OR DAMAGE RESULTING THEREFROM. THE AGENCY SHALL NOT BE REQUIRED OR OBLIGATED TO MAKE ANY CHANGES, ALTERATIONS, ADDITIONS, IMPROVEMENTS OR REPAIRS TO THE PREMISES. TENANT SHALL RELY ON ITS OWN INSPECTION AS TO THE SUITABILITY OF THE PREMISES FOR THE INTENDED USE. TENANT INITIALS: 2.5 Limitations of the Leasehold. This Lease and the rights and privileges granted Tenant in and to the Premises are subject to all covenants, conditions, restrictions, and exceptions of record as of the date hereof or otherwise disclosed to Tenant prior to the date hereof. Nothing contained in this Lease or in any document related hereto shall be construed to imply the conveyance to Tenant of rights in the Premises which exceed those owned by Lessor, or any representation or warranty, either express or implied, relating to the nature or condition of the Premises or 's or Agency's interest therein. 2.6 Tenant's Investigation. Tenant acknowledges that it is solely responsible for investigating the Premises to determine the suitability thereof for the uses contemplated by Tenant. Tenant further acknowledges by executing this Lease that it has completed its investigation and has made such determinations as Tenant believes may be required under the circumstances. ARTICLE III TOTAL RENT 3.1 Base Rent. Throughout the Term of this Lease, Tenant shall make annual payments to the Agency in the amount of one dollar ($1.00) per year ("Base Rent"), commencing on the Commencement Date and continuing on each anniversary thereof. City Council 16 — 173 12/7/20T�$e 17 9138-126780\1512539.3 EXHIBIT 5 3.2 Net Refinancing Proceeds. Any Net Refinancing Proceeds received by Tenant shall be used to pay the Agency Loan. Additionally, the Tenant's right and obligation to use such Net Refinancing Proceeds to pay the Agency Loan is subject and subordinate to the rights of holders of any Leasehold Mortgages to control the use of such proceeds pursuant to the terms of their respective loan documents and any subordination agreement. Without limiting application of those loan documents, in no case shall Tenant be permitted to retain Net Refinancing Proceeds without the prior written consent of the Lessor, until full satisfaction of the unpaid Agency Loan. Notwithstanding the foregoing, this Section 3.2 shall not apply to (1) any Excluded Transfer or (ii) any Senior Loan or any financing described in Section 17.2. "Net Refinancing Proceeds" shall be defined as the proceeds from the refinancing of any loan approved by Lessor hereunder, net of all of the following: the amount of the financing which is satisfied out of such proceeds, closing costs, costs to rehabilitate the Project, including the costs necessary to obtain refinancing proceeds (such as consultant, legal and other consultant costs), the soft costs related to the rehabilitation of the Project (such as architecture, engineering and other consultant costs, and all required relocation costs), and all hard costs of the rehabilitation, all of which have been reviewed and reasonably approved by the Lessor. 3.3 Triple Net Rent. It is the intent of the Parties that all Rent shall be absolutely net to Lessor and that, except as otherwise provided herein, Tenant will pay all costs, charges, insurance premiums, taxes, utilities, expenses and assessments of every kind and nature incurred for, against or in connection with the Premises which arise or become due during the Term as a result of Tenant's use and occupancy of the Premises. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the Parties, shall Agency be obligated or required to make any payment of any kind whatsoever or be under any other obligation or liability under this Lease except as expressly provided herein. 3.4 Insufficient Funds. If any payment of Rent or other fees made by check is returned due to insufficient funds or otherwise, the Agency shall have the right to require Tenant to make all subsequent Rent payments by cashier's check, certified check or automated clearing house debit system. All Rent or other fees shall be paid in lawful money of the United States of America, without offset or deduction or prior notice or demand. No payment by Tenant or receipt by the Agency of a lesser amount than the Rent or other fees due shall be deemed to be other than on account of the Rent or other fees due, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and the Agency shall accept such check or payment without prejudice to 's and Agency's right to recover the balance of the Rent or other fees or pursue any other remedy available to the Agency in this Lease. 3.5 Reserved. 3.6 Additional Rent. 3.6.1. Additional Rent. During the Term, the Base Rent shall be absolutely net to the Agency so that all costs (including but not limited to Operating Costs and Utility Costs, as defined below), fees, taxes (including but not limited to Real Estate Taxes and Equipment Taxes, as defined below), charges, expenses, impositions, reimbursements, and obligations of every kind relating to the Premises shall be paid or discharged by Tenant as additional rent ("Additional Rent"). As more particularly set forth in Sections 3.6.3 and 3.6.6, below, Tenant has the right to pay under protest the foregoing Additional Rent, as applicable, and defend against the same. Any City Council 16 — 174 12/7/20T�$e 18 9138-126780\1512539.3 EXHIBIT 5 imposition rebates shall belong to Tenant 3.6.2. Taxes. During the Term, Tenant shall pay directly to the taxing authorities all Taxes (as herein defined) at least ten (10) days prior to delinquency thereof. For purposes hereof, "Taxes" shall include any form of assessment, license fee, license tax, business license fee, commercial rental tax, levy, penalty, sewer use fee, real property tax, charge, possessory interest tax, tax or similar imposition (other than inheritance or estate taxes), imposed by any authority having the direct or indirect power to tax, including any city, county, state or federal government, or any school, agricultural, lighting, drainage, flood control, water pollution control, public transit or other special district thereof, as against any legal or equitable interest of Agency in the Premises or any payments in lieu of taxes required to be made by Agency, including, but not limited to, the following: (a) Any assessment, tax, fee, levy, improvement district tax, charge or similar imposition in substitution, partially or totally, of any assessment, tax, fee, levy, charge or similar imposition previously included within the definition of Taxes. It is the intention of Tenant and Lessor that all such new and increased assessments, taxes, fees, levies, charges and similar impositions be included within the definition of "Taxes" for the purpose of this Lease. (b) Any assessment, tax, fee, levy, charge or similar imposition allocable to or measured by the area of the Premises or the rent payable hereunder, including, without limitation, any gross income tax or excise tax levied by the city, county, state or federal government, or any political subdivision thereof, with respect to the receipt of such rent, or upon or with respect to the possession, leasing, operating, management, maintenance, alteration, repair, use or occupancy by Tenant of the Premises, or any portion thereof, (c) Any assessment, tax, fee, levy, charge or similar imposition upon this transaction or any document to which Tenant is a party, creating or transferring an interest or an estate in the Premises, including any possessory interest tax levied on the Tenant's interest under this Lease; (d) Any assessment, tax, fee, levy, charge or similar imposition by any governmental agency related to any transportation plan, fund or system instituted within the geographic area of which the Premises are a part. The definition of "Taxes," including any additional tax the nature of which was previously included within the definition of "Taxes," shall include any increases in such taxes, levies, charges or assessments occasioned by increases in tax rates or increases in assessed valuations, whether occurring as a result of a sale or otherwise. 3.6.3. Contest of Taxes. Tenant shall have the right to contest, oppose or object to the amount or validity of any Taxes or other charge levied on or assessed against the Premises and/or Improvements or any part thereof, provided, however, that the contest, opposition or objection must be filed before such time the Taxes or other charge at which it is directed becomes delinquent. Furthermore, no such contest, opposition or objection shall be continued or maintained after the date the tax, assessment or other charge at which it is directed becomes delinquent unless Tenant has either: (1) paid such tax, assessment or other charge under protest prior to its becoming delinquent; or (ii) obtained and maintained a stay of all proceedings for enforcement and collection of the tax, assessment or other charge by posting such bond or other matter required by law for such a stay; or (iii) delivered to Lessor a good and sufficient undertaking in an amount specified by Lessor and City Council 16 — 175 12/7/20T�$e 19 9138-126780\1512539.3 EXHIBIT 5 issued by a bonding corporation authorized to issue undertakings in California conditioned on the payment by Tenant of the tax, assessments or charge, together with any fines, interest, penalties, costs and expenses that may have accrued or been imposed thereon within thirty (30) days after final determination of Tenant's contest, opposition or objection to such tax, assessment or other charge. 3.6.4. Payment by Lessor. Should Tenant fail to pay any Taxes required by this Article III to be paid by Tenant within the time specified herein, subject to Tenant's right to contest such Taxes in accordance with Section 3.6.3, and if such amount is not paid by Tenant within fifteen (15) days after receipt of Lessor's written notice advising Tenant of such nonpayment, the Agency may, without further notice to or demand on Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant. In such event, Tenant shall promptly on written demand of Agency reimburse the Agency for the full amount paid by the Agency in paying, discharging or adjusting such tax, assessment or other charge, together with interest at the Interest Rate from the date advanced until the date repaid. 3.6.5. Operating Costs. Tenant shall pay all Operating Costs during the Term prior to delinquency. As used in this Lease, the term "Operating Costs" shall mean all charges, costs and expenses related to the Premises, including, but not limited to, management, operation, maintenance, overhaul, improvement, replacement or repair of the Improvements and/or the Premises. 3.6.6. Utility Costs. Tenant shall pay all Utility Costs during the Term prior to delinquency. As used in this Lease, the term "Utility Costs" shall include all charges, surcharges, taxes, connection fees, service fees and other costs of installing and using all utilities required for or utilized in connection with the Premises and/or the Improvements, including without limitation, costs of heating, ventilation and air conditioning for the Premises, costs of furnishing gas, electricity and other fuels or power sources to the Premises, and the costs of furnishing water and sewer services to the Premises. Tenant agrees to indemnify and hold harmless the Agency against any liability, claim, or demand for the late payment or non-payment of Utility Costs. ARTICLE IV USE OF PREMISES 4.1 Permitted Use of Premises. Tenant may use the Premises for the construction, development, entitlement, operation, maintenance, replacement and repair of the Improvements as follows: 4.1.1. Required Services and Uses. Lessor's primary purpose for entering into this Lease is to promote the development of the Improvements consistent with this Lease. In furtherance of that purpose, Tenant shall construct and during the entire Term operate, maintain, replace and repair the Improvements in a manner consistent with the Laws and for the following uses: (a) multifamily affordable housing, and appurtenant improvements, including, without limitation, parking, (b) permanent supportive housing units and related services, and (c) related commercial and community -serving uses, as contemplated by the project approvals or this Lease, or as otherwise approved by the Lessor. City Council 16 — 176 12/7/l 110 9138-126780\1512539.3 EXHIBIT 5 4.1.2. Ancillary Services and Uses. Subject to the prior written approval of Lessor, which approval may be granted or withheld in the sole discretion of the Lessor, conditioned or delayed, Tenant may provide those additional services and uses which are ancillary to and compatible with the required services and uses set forth in Section 4.1.1., above. 4.1.3. Additional Concessions or Services. Tenant may establish, maintain, and operate such other additional facilities, concessions, and services as Tenant and Lessor may jointly from time to time reasonably determine to be reasonably necessary for the use of the Premises and which are otherwise permitted by Law for the sole purpose to provide the services set forth in Section 4.1.1 above. 4.1.4. Restricted Use. The services and uses listed in this Section 4.1, both required and optional, shall be the only services and uses permitted. Tenant agrees not to use the Premises for any other purpose or engage in or permit any other activity within or from the Premises unless approved in writing by the Lessor, which approval may be granted or withheld in the sole discretion of the Lessor. 4.1.5. Continuous Use. During the Term, Tenant shall continuously conduct Tenant's business in the Premises in the manner provided under this Lease and shall not discontinue use of the Premises for any period of time except in the case of a Force Majeure Event or as permitted in advance and in writing by the Lessor. 4.1.6. Alcohol Restrictions. Tenant shall not permit the sale of alcoholic beverages on the Premises. 4.1.7. Permits and Licenses. Tenant shall be solely responsible to obtain, at its sole cost and expense, any and all permits, licenses or other approvals required for the uses permitted herein and shall maintain such permits, licenses or other approvals for the entire Term. 4.2 Nuisance; Waste. Tenant shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises and Improvements or any part thereof. Tenant shall not commit or allow to be committed any waste in or upon the Premises or Improvements and shall keep the Premises and the Improvements thereon in good condition, repair and appearance. 4.3 Compliance with Laws. Tenant shall not use or permit the Premises or the Improvements or any portion thereof to be used in any manner or for any purpose that violates any applicable Laws. Tenant shall have the right to contest, in good faith, any such Laws, and to delay compliance with such Laws during the pendency of such contest (so long as there is no material threat to life, health or safety that is not mitigated by Tenant to the satisfaction of the applicable authorities). Lessor may cooperate with Tenant in all reasonable respects in such contest, including joining with Tenant in any such contest if the Agency's joinder is required in order to maintain such contest; provided, however, that any such contest shall be without cost to Lessor, and Tenant shall indemnify, defend (with attorneys acceptable to Lessor), and hold harmless the Lessor from any and all claims, liabilities, losses, damages, or actions of any kind and nature, including reasonable attorneys' fees, arising or related to Tenant's failure to observe or comply with the contested Law during the pendency of the contest. City Council 16 — 177 12/7/l 111 9138-126780\1512539.3 EXHIBIT 5 4.4 Hazardous Materials. 4.4.1. Definition of Hazardous Materials. For purposes of this Lease, the term "Hazardous Material" or "Hazardous Materials" shall mean any hazardous or toxic substance, material, product, byproduct, or waste, which is or shall become regulated by any governmental entity, including, without limitation, the /or Agency acting in their governmental capacity, the State of California or the United States government. 4.4.2. Use of Hazardous Materials. Except for those Hazardous Materials which are customarily used in connection with the construction, operation, maintenance and repair of the Improvements or used in connection with any permitted use of the Premises and Improvements under this Lease (which Hazardous Materials shall be used in compliance with all applicable Laws), Tenant or Tenant's employees, agents, independent contractors, invitees or subtenants (collectively "Tenant Parties") shall not cause or permit any Hazardous Materials to be brought upon, stored, kept, used, generated, released into the environment or disposed of on, under, from or about the Premises (which for purposes of this Section shall include the subsurface soil and ground water). 4.4.3. Tenant Obligations. If the presence of any Hazardous Materials on, under or about the Premises caused or permitted by Tenant or Tenant Parties, and excluding Hazardous Materials existing on the Premises prior to the Effective Date (the "Existing Hazardous Materials"), results in (i) injury to any person, (ii) injury to or contamination of the Premises (or a portion thereof), or (iii) injury to or contamination or any real or personal property wherever situated, Tenant, at its sole cost and expense, shall promptly take all actions necessary or appropriate to return the Premises to the condition existing prior to the introduction of such Hazardous Materials to the Premises and to remedy or repair any such injury or contamination. Without limiting any other rights or remedies of Agency under this Lease, Tenant shall pay the cost of any cleanup or remedial work performed on, under, or about the Premises as required by this Lease or by applicable Laws in connection with the removal, disposal, neutralization or other treatment of such Hazardous Materials caused or permitted by Tenant or Tenant Parties, excluding the Existing Hazardous Materials. Notwithstanding the foregoing, Tenant shall not take any remedial action in response to the presence, discharge or release, of any Hazardous Materials on, under or about the Premises caused or permitted by Tenant or Tenant Parties, or enter into any settlement agreement, consent decree or other compromise with any governmental or quasi -governmental entity without first obtaining the prior written consent of the Lessor. All work performed or caused to be performed by Tenant as provided for above shall be done in good and workmanlike manner and in compliance with plans, specifications, permits and other requirements for such work approved by Lessor. 4.4.4. Indemnification for Hazardous Materials. (a) To the fullest extent permitted by law, Tenant hereby agrees to indemnify, hold harmless, protect and defend (with attorneys acceptable to Lessor) Lessor, its elected officials, officers, employees, agents, independent contractors, and the Premises, from and against any and all liabilities, losses, damages (including, but not limited, damages for the loss or restriction on use of rentable or usable space or any amenity of the Premises or damages arising from any adverse impact on marketing and diminution in the value of the Premises), judgments, fines, demands, claims, recoveries, deficiencies, costs and expenses (including, but not limited to, reasonable attorneys' fees, disbursements and court costs and all other professional or consultant's expenses), whether foreseeable or unforeseeable (collectively, "Liabilities"), arising out of the presence, use, generation, storage, treatment, on or off -site disposal or transportation of Hazardous City Council 16 — 178 12/7/l 112 9138-126780\1512539.3 EXHIBIT 5 Materials on, into, from, under or about the Premises by Tenant or Tenant Parties, and excluding all Existing Hazardous Materials. (b) The foregoing indemnity shall also specifically include the cost of any required or necessary repair, restoration, clean-up or detoxification of the Premises and the preparation of any closure or other required plans. (c) The foregoing indemnity and defense obligations of this Lease shall survive its expiration or termination; provided, however, that the obligations contained in Section 4.3.3 and the indemnity and defense contained in this Section 4.4.4 shall not apply to any Liabilities arising or occurring (a) prior to the Effective Date of this Ground Lease, (b) after the expiration or earlier termination of the Term of this Ground Lease, or (c) as a result of the negligent or wrongful acts or omissions of Lessor or any Lessor Parties. 4.5 Access by Lessor. Lessor reserves the right for Agency and its authorized representatives to enter the Premises upon two (2) business days' prior written notice to Tenant, during normal business hours and subject to the rights of subtenants, in order to determine whether Tenant is complying with Tenant's obligations hereunder, or to enforce any rights given to Agency under this Lease. Lessor and its representatives shall report to the Tenant's on -site office and must be accompanied by a representative of Tenant at all times while on the Property and obey Tenant's rules and regulations. Tenant acknowledges Lessor have the authority to enter the Premises and perform work on the Premises at any time as needed to provide immediate or necessary protection for the general public. Lessor will take all necessary measures not to unreasonably interfere with Tenant's business at the Premises in exercising its rights under this Section. Lessor shall indemnify and hold Tenant harmless from and against any loss, cost, damage or liability, including, without limitation, attorneys' fees, which results from the willful misconduct or gross negligence of any Lessor Parties, or any other party acting under Lessor's authority, of the rights granted by this Section 4.5. ARTICLE V CONSTRUCTION OF IMPROVEMENTS 5.1 Construction of Improvements. 5.1.1. Initial Improvements. Upon the fulfillment of the Preconditions set forth in Section 5.1.2, below, and payment for and issuance of all permits required under the Laws (whether from City in their governmental capacity, or otherwise), Tenant shall construct the Initial Improvements. 5.1.2. Preconditions. No work for development of the Initial Improvements shall be commenced, and no building or other materials shall be delivered to the Premises, until: (a) Tenant has obtained a permit through the City, submitted Project design, conceptual development, plans and special provisions for the construction of Improvements in accordance with the Lessor's criteria, standard and practices; (b) Tenant has given Lessor written notice of the proposed commencement of construction of the Premises or the delivery of construction materials in order to allow Lessor to take all necessary actions under California Civil Code section 3094, including City Council 16 — 179 12/7/l 113 9138-126780\1512539.3 EXHIBIT 5 posting of a notice of non -responsibility at the Premises; and (c) Tenant has provided to Lessor evidence that (1) Tenant has entered into a Construction Contract with a Contractor in accordance with Section 5.2 below, (ii) Tenant has secured the construction funding required under Section 5.1.4 below, and (iii) Tenant has provided Lessor with assurances sufficient to construct the Initial Improvements in accordance with Section 5.3 below. 5.1.3. Utilities. To the extent not already constructed, Tenant, at no cost to Lessor, shall construct or cause to be constructed all water, gas, heat, light, power, air conditioning, telephone, broadband internet, and other utilities and related services supplied to and/or used on the Premises at Tenant's sole cost and expense for the purposes of conducting Tenant's operations thereon. All such utilities shall be separately metered from any utilities which may be used by the Agency in conducting its operations, if any, on or about the Premises. Nothing contained in this Section is to be construed or implied to give Tenant the right or permission to install or to permit any utility poles or communication towers to be constructed or installed on the Premises. 5.1.4. Construction Funding. Prior to commencement of construction of the Initial Improvements, Tenant shall provide to Lessor evidence reasonably satisfactory to Lessor of funding available to Tenant that is sufficient to pay for Tenant's estimated total cost of constructing the Initial Improvements, which evidence may consist of (1) a written commitment to Tenant from one or more Lenders selected by Tenant to provide a construction loan to Tenant for the purpose of constructing the Initial Improvements (which may be secured by a Leasehold Mortgage encumbering Tenant's leasehold interest under this Lease), (ii) actual equity funds or in -kind donations then held by Tenant or irrevocably committed to be paid or donated to Tenant for the purpose of constructing the Initial Improvements, or (iii) any combination of the foregoing. Tenant may from time to time change any of the foregoing funding sources and the allocation thereof, so long as the aggregate available funding continues to be sufficient to pay for Tenant's estimated remaining cost of constructing the Initial Improvements, provided that Tenant shall promptly notify Lessor of any such change. 5.1.5. Compliance with Laws and Permits. Tenant shall cause all Improvements made by Tenant to be constructed in substantial compliance with all applicable Laws, including all applicable grading permits, building permits, and other permits and approvals issued by governmental agencies and bodies having jurisdiction over the construction thereof. No permit, approval, or consent given hereunder by the Agency, in their governmental capacity, shall affect or limit Tenant's obligations hereunder, nor shall any approvals or consents given by the Agency, as a Party to this Lease, be deemed approval as to compliance or conformance with applicable governmental codes, laws, rules, or regulations. 5.1.6. Reports. Not less than monthly from the commencement of construction of the Initial Improvements, Tenant shall provide Lessor with written construction status reports in the form of AIA No. G702 ("Application and Certification for Payment") or comparable form, augmented by oral reports if so requested by Agency. 5.1.7. Certificate of Occupancy. Tenant shall provide Lessor with a copy of the Certificate of Occupancy promptly following issuance thereof. The date of issuance of the Certificate of Occupancy shall be the Commencement Date hereunder. 5.1.8. Insurance. Tenant (or the Contractor, as applicable) shall deliver to Lessor City Council 16 — 180 12/7/l 114 9138-126780\1512539.3 EXHIBIT 5 both (1) certificates of insurance evidencing coverage for "builder's risk," as specified in Section 8.1, and (ii) evidence of worker's compensation insurance, which provide the requisite insurance levels in accordance with Article VIII, for all persons employed in connection with the construction of any Improvements upon the Premises and with respect to whom death or bodily injury claims could be asserted against the Agency or the Premises. Tenant shall (or shall cause Contractor to) maintain, keep in force and pay all premiums required to maintain and keep in said insurance herein at all times during which construction Work is in progress. 5.1.9. Mechanic's Liens. (a) Payment of Liens. Tenant shall pay or cause to be paid the total cost and expense of all "Work of Improvement," as that phrase is defined in the California Mechanics' Lien law in effect and as amended from time to time. Tenant shall not suffer or permit to be enforced against the Premises or Improvements or any portion thereof, any mechanics', materialmen's, contractors' or subcontractors' liens arising from any work of improvement, however it may arise. Tenant may, however, in good faith and at Tenant's sole cost and expense contest the validity of any such asserted lien, claim, or demand, provided Tenant (or any contractor or subcontractor, as applicable) has furnished the release bond (if required by Agency or any construction lender) required in California Civil Code section 8000 et seq. (or any comparable statute hereafter enacted for providing a bond freeing the Premises from the effect of such lien claim). In the event a lien or stop -notice is imposed upon the Premises as a result of such construction, repair, alteration, or installation, and provided the lien is not the result of actions of, or work performed by, the Lessor, Tenant shall either: (1) Record a valid Release of Lien, or (2) Procure and record a bond in accordance with Section 8424 of the Civil Code, which releases the Premises from the claim of the lien or stop -notice and from any action brought to foreclose the lien, or (3) Post such security as shall be required by Tenant's title insurer to insure over such lien or stop -notice, or (4) Should Tenant fail to accomplish either of the three optional actions above within 30 days after Tenant receives notice of the filing of such a lien or stop -notice, it shall constitute an Event of Default hereunder. (b) Indemnification. Tenant shall at all times indemnify, defend with counsel approved in writing by the Agency and hold the Agency harmless from all claims, losses, demands, damages, cost, expenses, or liability costs for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment, or facilities within the Premises, and from the cost of defending against such claims, including reasonable attorneys' fees and costs, but excluding any liability resulting from the gross negligence or willful misconduct of Lessor or any Lessor Parties, and excluding any liens resulting from the actions of, or work performed by, the Lessor. (c) Protection Against Liens. Lessor shall have the right to post and maintain on the Premises any notices of non -responsibility provided for under applicable California law. During the course of construction, Tenant shall obtain customary mechanics' lien waivers and City Council 16 — 181 12/7/l 115 9138-126780\1512539.3 EXHIBIT 5 releases. Upon completion of the construction of any Improvements, Tenant shall record a notice of completion in accordance with applicable law. Promptly after the Improvements have been completed, Tenant shall (or shall cause Contractor to) record a notice of completion as defined and provided for in California Civil Code section 8000 et seq. (d) Lessor's Rights. If Tenant (or any contractor or subcontractor, as applicable) does not cause to be recorded the bond described in California Civil Code section 8000 et seq. or otherwise protect the Premises and Improvements under any alternative or successor statute, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic's, materialman's, contractor's or subcontractor's lien claim, and if Tenant fails to stay the execution of judgment by lawful means or to pay the judgment, Lessor shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Upon any such payment by the Agency, Tenant shall immediately upon receipt of written request therefor by the Agency, reimburse the Agency for all sums paid by Agency under this paragraph together with all Agency's reasonable attorney's fees and costs, plus interest at the Interest Rate from the date of payment until the date of reimbursement. 5.1.10. No Responsibility. Any approvals by the Agency with respect to any Improvements shall not make the Agency responsible for the Improvement with respect to which approval is given or the construction thereof. Tenant shall indemnify, defend and hold Lessor harmless from and against all liability and all claims of liability (including, without limitation, reasonable attorneys' fees and costs) arising during the Term of this Lease for damage or injury to persons or property or for death of persons arising from or in connection with the Improvement or construction thereof, but excluding any liability resulting from the gross negligence or willful misconduct of Lessor or any Lessor Parties, and excluding any liens resulting from the actions of, or work performed by, the Lessor. 5.2 Construction Contracts. 5.2.1. Construction Contract. Tenant shall enter into a written contract with a general contractor ("Contractor") for construction of the Initial Improvements. All construction of the Initial Improvements shall be performed by contractors and subcontractors duly licensed as such under the laws of the State of California. Tenant shall give Lessor a true copy of the contract or contracts with the Contractor. 5.2.2. Assignment to Agency. Tenant shall obtain the written agreement of the Contractor that, at Agency's election and in the event that Tenant fails to perform its contract with the Contractor, such Contractor will recognize Agency as the assignee of the contract with the Contractor, and that Agency may, upon such election, assume such contract with credit for payments made prior thereto. Notwithstanding the foregoing, Agency's rights under this Section 5.2.2 are hereby made subject and subordinate to the lien of each Leasehold Mortgage. 5.3 Reserved. 5.4 Ownership of Improvements. 5.4.1. For purposes of this Section 5.4, "Term" shall have the meaning stated in Section 2.2.3. City Council 16 — 182 12/7/l 116 9138-126780\1512539.3 EXHIBIT 5 5.4.2. During Term. Title to all Improvements constructed or placed on the Premises by Tenant and paid for by Tenant are and shall be vested in Tenant during the Term of this Lease, until the expiration or earlier termination thereof. Any and all depreciation, amortization and tax credits for federal or state purposes relating to the Improvements located on the Premises and any and all additions thereto shall be deducted or credited exclusively by Tenant during the Term. The Parties agree for themselves and all persons claiming under them that the Improvements are real property. 5.4.3. Upon Expiration or Earlier Termination of Term. All Improvements on the Premises at the expiration or earlier termination of the Term of this Lease shall, without additional payment to Tenant, then become Lessor's property free and clear of all claims to or against them by Tenant and free and clear of all Leasehold Mortgages and any other liens and claims arising from Tenant's use and occupancy of the Premises, and with Taxes paid current as of the expiration or earlier termination date. Tenant shall upon the expiration or earlier termination of the Term deliver possession of the Premises and the Improvements to Lessor in good order, condition and repair consistent with the requirements of this Lease and in compliance with all applicable laws and regulations for the occupancy of the Project, taking into account reasonable wear and tear and the age of the Improvements. 5.5 "AS -BUILT" Plans. Within sixty (60) days following completion of any substantial improvement within the Premises, Tenant shall furnish the Lessor a complete set of reproducibles and two sets of prints of "As -Built" plans and a magnetic tape, disk or other storage device containing the "As -Built" plans in a form usable by Lessor, to Lessor's satisfaction, on Lessor's computer aided mapping and design ("CAD") equipment. CAD files are also to be converted to Acrobat Reader (pdf format), which shall be included on the disk or CD ROM. In addition, Tenant shall furnish Lessor copy of the final construction costs for the construction of such improvements. 5.6 Replacement Reserve Fund. 5.6.1. Tenant shall establish and maintain a reserve fund (the "Replacement Reserve Fund") during the Term of this Lease (as "Term" is defined in Section 2.2) in accordance with the provisions of this Section 5.6 designated to pay for Permitted Capital Expenditures (as defined below) for the Improvements during the Term of this Lease. 5.6.2. Tenant and Lessor agree and acknowledge that the purpose of the Replacement Reserve Fund shall be to provide sufficient funds to pay for the costs of major replacements, renovations or significant upgrades of or to the Improvements, including without limitation building facade or structure and major building systems (such as HVAC, mechanical, electrical, plumbing, vertical transportation, security, communications, structural or roof) that significantly affect the capacity, efficiency, useful life or economy of operation of the Improvements or their major systems, after the completion of the Initial Improvements ("Permitted Capital Expenditure(s)"). 5.6.3. The Replacement Reserve Fund shall not be used to fund any portion of the construction cost of the Initial Improvements. In addition, Permitted Capital Expenditures shall not include the cost of periodic, recurring or ordinary maintenance expenditures or maintenance, repairs or replacements that keep the Improvements in an ordinarily efficient operating condition, but that do not significantly add to their value or appreciably prolong their useful life. Permitted Capital Expenditures must constitute capital replacements, improvements or equipment under generally City Council 16 — 183 12/7/l 117 9138-126780\1512539.3 EXHIBIT 5 accepted accounting principles consistently applied or constitute qualifying aesthetic improvements. Permitted Capital Expenditures shall not include costs for any necessary repairs to remedy any broken or damaged Improvements, all of which costs shall be separately funded by Tenant. 5.6.4. All specific purposes and costs for which Tenant desires to utilize amounts from the Replacement Reserve Fund shall be at Tenant's reasonable discretion and subject to Lessor's written approval as provided for in Section 5.6.9, below. Tenant shall furnish to the Lessor applicable invoices, evidence of payment and other back-up materials concerning the use of amounts from the Replacement Reserve Fund. 5.6.5. The Replacement Reserve Fund shall be held in an account established with a Lender acceptable to the Lessor, into which deposits shall be made by Tenant pursuant to Section 5.6.8, below. 5.6.6. Tenant shall have the right to partly or fully satisfy the Replacement Reserve Fund obligations of this Section 5.6 with capital improvement reserves (or replacement reserves) required by Tenant's Leasehold Mortgagees, as long as such capital improvement reserves or replacement reserves are in all material respects administered and utilized in accordance, and otherwise comply, with the terms, provisions and requirements of this Section 5.6. 5.6.7. In the event of default by Tenant and the early termination of this Lease, the Lessor shall have full access to the Replacement Reserve Fund, provided the Tenant's Leasehold Mortgagee does not use it within a reasonable time for the purposes stated in this Section 5.6; provided, however, that Lessor's rights under this Section 5.6.7 are hereby made subject and subordinate to the lien of each Leasehold Mortgage. 5.6.8. From and after the issuance of the Certificate of Occupancy, Tenant shall make an annual deposit to the Replacement Reserve Fund in an amount no less than $500 per unit per year by no later than December 31 of each year. All interest and earnings on the Replacement Reserve Fund shall be added to the Replacement Reserve Fund, but shall not be treated as a credit against the Replacement Reserve Fund deposits required to be made by Tenant pursuant to this Section 5.6. 5.6.9. Disbursements shall be made from the Replacement Reserve Fund only for costs which satisfy the requirements of this Section 5.6. For the purpose of obtaining the Lessor's prior approval of any Replacement Reserve Fund disbursements, Tenant shall submit to the Lessor on an annual calendar year basis a capital expenditure plan for the upcoming year which details the amount and purpose of anticipated Replacement Reserve Fund expenditures ("Capital Improvement Plan"). Lessor shall approve or disapprove such Capital Improvement Plan within thirty (30) days of receipt, which approval shall not be unreasonably withheld, conditioned or delayed. Any expenditure set forth in the approved Capital Improvement Plan shall be considered pre -approved by Lessor (but only up to the amount of such expenditure set forth in the Capital Improvement Plan) for the duration of the upcoming year. Tenant shall have the right during the course of each year to submit to the Lessor for the Lessor's approval revisions to the then current Capital Improvement Plan, or individual expenditures not noted on the previously submitted Capital Improvement Plan. In the event of an unexpected emergency that necessitates a Permitted Capital Expenditure not contemplated by the Capital Improvement Plan, the Tenant may complete such work using the funds from the Replacement Reserve Fund with contemporaneous or prior (if possible) written notice to the Lessor and provide applicable documentation to the Lessor thereafter for City Council 16 — 184 12/7/l 118 9138-126780\1512539.3 EXHIBIT 5 approval. If the Lessor disapproves the emergency expenditure which was not previously approved by Lessor, Tenant shall refund the amount taken from the Replacement Reserve Fund within thirty (30) days of written notice from the Lessor of its decision. 5.6.10. Notwithstanding anything above to the contrary, if Tenant incurs expenditures that constitute Permitted Capital Expenditures but which are not funded out of the Replacement Reserve Fund because sufficient funds are not then available in such fund, then Tenant may credit the Permitted Capital Expenditures so funded by Tenant out of its own funds against future Replacement Reserve Fund contribution obligations of Tenant; provided, that such credit must be applied, if at all, within four (4) years after such Permitted Capital Expenditure is incurred by the Tenant. ARTICLE VI REPAIRS, MAINTENANCE, ADDITIONS AND RECONSTRUCTION 6.1 Maintenance by Tenant. Throughout the Term of this Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises and any and all Improvements now or hereafter constructed and installed on the Premises in good order, condition and repair (i.e., so that the Premises does not deteriorate more quickly than its age and reasonable wear and tear would otherwise dictate) and in a safe and sanitary condition and in compliance with all applicable Laws in all material respects. Tenant shall immediately notify the Lessor of any material damage relating to the Premises. 6.2 Interior Improvements, Additions and Reconstruction of Improvements. Following the completion of construction of the Initial Improvements, Tenant shall have the right from time to time to make any interior improvements and repairs to the Improvements that are consistent with the Lessor's approved use of the Premises as reflected in this Lease, without Lessor's prior written consent, but with prior written notice to the Lessor (except in the event of an emergency, in which case no prior written notice shall be required but Tenant shall notify Lessor of any emergency work done as soon as practicable). With prior written approval of Lessor, Tenant may restore and reconstruct the Improvements, and in that process make any modifications otherwise required by changes in Laws, following any damage or destruction thereto (whether or not required to do so under Article VII); and/or to make changes, revisions or improvements to the Improvements for uses consistent with the Lessor approved use of the Premises as reflected in this Lease. Tenant shall perform all work authorized by this Section at its sole cost and expense, including, without limitation, with insurance proceeds approved for such use in accordance with Article VII, if any, and in compliance with all applicable Laws in all material respects. 6.3 All Other Construction, Demolition, Alterations, Improvements and Reconstruction. Following the completion of construction of the Initial Improvements, and except as specified in Sections 6.1 and 6.2, any construction, alterations, additions, major repairs, demolition, improvements or reconstruction of any kind shall require the prior written consent of the Lessor, which consent shall not be unreasonably conditioned, delayed or withheld and may require their respective governing body's approval (e.g. City Council approval). Tenant shall perform all work authorized by this Section at its sole cost and expense, including, without limitation, with insurance proceeds approved for such use in accordance with Article VII, if any, and in compliance with all applicable Laws in all material respects. City Council 16 — 185 12/7/l 119 9138-126780\1512539.3 EXHIBIT 5 6.4 Requirements of Governmental Agencies. At all times during the Term of this Lease, Tenant, at Tenant's sole cost and expense, shall: (i) make all alterations, improvements, demolitions, additions or repairs to the Premises and/or the Improvements required to be made by any law, ordinance, statute, order or regulation now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity; (ii) observe and comply in all material respects with all Laws now or hereafter made or issued respecting the Premises and/or the Improvements (subject to Tenant's right to contest such Laws in accordance with Section 4.4); (iv) indemnify, defend and hold Agency, the Premises and the Improvements free and harmless from any and all liability, loss, damages, fines, penalties, claims and actions resulting from Tenant's failure to comply with and perform the requirements of this Article VI, except for liability arising out of the gross negligence or willful misconduct of Lessor or any Lessor Parties. 6.5 Lessor Obligations. Tenant specifically acknowledges and agrees that Agency and Lessor Parties do not and shall not have any obligations with respect to the maintenance, alteration, improvement, demolition, replacement, addition or repair of any Improvements. 6.6 Lessor Reservations. Without limiting Lessor's rights with respect to the Premises, Lessor reserves for themselves, their successors and assigns those rights necessary to assure proper maintenance and operation of the Premises and to permit any steps to be taken which the Lessor deems necessary or desirable to maintain, repair, improve, modify or reconstruct the Premises. The rights reserved to Lessor in this section or any other section of this Lease shall be exercised by the Lessor at their sole discretion, unless otherwise provided herein. ARTICLE VII DAMAGE AND RESTORATION 7.1 Damage and Restoration. In the event the whole or any part of the Improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully covered by insurance required to be carried by Tenant pursuant to this Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant's sole cost and expense, repair, restore and rebuild the Improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage, with any changes made by Tenant to comply with then applicable Laws and with any upgrades or improvements that Tenant may determine in its reasonable discretion. If Tenant desires to change the use of the Premises following such casualty, then Tenant may make appropriate changes to the Premises to accommodate such changed use after approval of such change of use by the Lessor pursuant to Article IV above. This Article shall not apply to cosmetic damage or alterations. In the event that Tenant shall determine, subject to the rights of the Leasehold Mortgagees by notice to the Lessor given by the later of ninety (90) days after the date of the damage or destruction or thirty (30) days after receipt by Tenant of any such insurance proceeds, that there are not adequate proceeds to restore the Improvements and/or the Premises to substantially the same condition in which they existed prior to the occurrence of such damage or destruction, then Tenant may terminate this Lease as of a date that is not less than thirty (30) days after the date of such notice. Notwithstanding Section 17.9, if Tenant terminates this Lease pursuant to this Section 7.1, Tenant shall surrender possession of the Premises to the Lessor immediately and assign to the Lessor (or, if same has already been received by Tenant, pay to the Lessor) all of its right, title and interest in and to the proceeds from Tenant's insurance upon the Premises. City Council 16 — 186 12/7/l 120 9138-126780\1512539.3 EXHIBIT 5 7.2 Restoration. In the event of any restoration or reconstruction pursuant to this Section, all such work performed by Tenant shall be constructed in a good and workmanlike manner according to and in conformance with the Laws, rules and regulations of all governmental bodies and agencies and the requirements of this Lease applicable to the construction of the Initial Improvements. 7.3 No Rental Abatement. Tenant shall not be entitled to any abatement, allowance, reduction, or suspension of Rent because part or all of the Improvements become untenantable as a result of the partial or total destruction of the Improvements, and Tenant's obligation to keep and perform all covenants and agreements on its part to be kept and performed hereunder, shall not be decreased or affected in any way by any destruction of or damage to the Improvements; except as otherwise provided herein. 7.4 Application of Insurance Proceeds. If following the occurrence of damage or destruction to the Premises or Improvements, Tenant is obligated to or determines that there are adequate proceeds to restore the Premises and Improvements pursuant to this Article VII, then all proceeds from the insurance required to be maintained by Tenant on the Premises and the Improvements shall be applied to fully restore the same, and, subject to the rights of the Leasehold Mortgagees, if applicable, any excess proceeds shall be paid to Tenant and any deficit in necessary funds plus the amount of any deductible shall be paid by Tenant. If Tenant after commencing or causing the commencement of the restoration of Premises and Improvements shall determine that the insurance proceeds are insufficient to pay all costs to fully restore the Improvements, Tenant shall pay the deficiency and shall nevertheless proceed to complete the restoration of Premises and the Improvements and pay the cost thereof. Upon lien free completion of the restoration, subject to the rights of the Leasehold Mortgagees, if applicable, any balance of the insurance proceeds remaining over and above the cost of such restoration shall be paid to Tenant. 7.5 Exclusive Remedies. Notwithstanding any destruction or damage to the Premises and/or the Improvements, Tenant shall not be released from any of its obligations under this Lease, except to the extent and upon the conditions expressly stated in this Article VIL Agency and Tenant hereby expressly waive the provisions of California Civil Code Sections 1932(2) and 1933(4) with respect to any damage or destruction of the Premises and/or the Improvements and agree that their rights shall be exclusively governed by the provisions of this Article VII. 7.6 Damage Near End of Term. If, during the last three (3) years of the Term, as applicable, the Improvements shall be damaged or destroyed for which the repair and/or replacement cost is fifty percent (50%) or more of then replacement cost of the Improvements, then Tenant shall have the option, to be exercised within ninety (90) days after such damage or destruction: 7.6.1. to notify the Lessor of its election to repair or restore the Improvements as provided in this Article VII; or 7.6.2. subject to the rights of Leasehold Mortgagees and such provisions of this Lease that survive termination, to terminate this Lease by notice to the Lessor, which termination shall be deemed to be effective as of the date of the damage or destruction. If Tenant terminates this Lease pursuant to this Section 7.6.2, Tenant shall surrender possession of the Leased Premises to the Lessor immediately and assign to the Lessor (or, if same has already been received by Tenant, pay to the Lessor) all of its right, title and interest in and to the proceeds from Tenant's insurance upon the Premises less (1) any costs, fees, or expenses incurred by Tenant in connection with the adjustment of City Council 16 — 187 12/7/l 121 9138-126780\1512539.3 EXHIBIT 5 the loss or collection of the proceeds, (ii) any reasonable costs incurred by Tenant in connection with the Premises after the damage or destruction, which costs are eligible for reimbursement from such insurance proceeds, and (iii) the proceeds of any rental loss or business interruption insurance applicable prior to the date of surrender of the Premises to the Lessor. ARTICLE VIII INSURANCE AND INDEMNITY 8.1 Tenant's Required Insurance. 8.1.1. Tenant agrees to purchase all required insurance at Tenant's expense and to deposit with Lessor certificates of insurance, including all endorsements required herein, necessary to satisfy Lessor that the insurance provisions of this Lease have been complied with and to keep such insurance coverage and the certificates and endorsements therefore on deposit with Lessor during the entire term of this Lease. 8.1.2. Tenant agrees that it shall not operate on the Premises at any time the required insurance is not in full force and effect as evidenced by a certificate of insurance and necessary endorsements or, in the interim, an official binder being in the possession of Lessor; rent however shall not be suspended. In no cases shall assurances by Tenant, its employees, agents, including any insurance agent, be construed as adequate evidence of insurance. Lessor will only accept valid certificates of insurance and endorsements, or in the interim, an insurance binder as adequate evidence of insurance. Tenant also agrees that upon cancellation, termination, or expiration of Tenant's insurance, Lessor may take whatever steps are necessary to interrupt any operation from or on the Premises until such time as the Lessor reinstates the Lease. 8.1.3. If Tenant fails to provide Lessor with a valid certificate of insurance and endorsements, or binder at any time during the term of the Lease. Whether or not a notice of default has or has not been sent to Tenant, said material breach shall permit Lessor to take whatever steps are necessary to interrupt any operation from or on the Premises, and to prevent any persons, including, but not limited to, members of the general public, and Tenant's employees and agents, from entering the Premises until such time as the Lessor is provided with adequate evidence of insurance required herein. Tenant further agrees to hold harmless for any damages resulting from such interruption of business and possession, including, but not limited to, damages resulting from any loss of income or business resulting from Lessor's action(s). 8.1.4. All contractors and subcontractors performing work on behalf of Tenant pursuant to this Lease shall obtain insurance subject to the same terms and conditions as set forth herein for Tenant and limits of insurance as described in Section 8.1.6 (e), Section 8.1.6 (f) and Section 8.1.6 (g). Tenant shall not allow contractors or subcontractors to work if contractors have less than the level of coverage required by under this Lease. It is the obligation of the Tenant to provide written notice of the insurance requirements to every contractor and to receive proof of insurance prior to allowing any contractor to begin work within the Premises. Such proof of insurance must be maintained by Tenant through the entirety of this Lease and be available for inspection by Lessor at any reasonable time. 8.1.5. All self -insured retentions (SIRS) shall be clearly stated on the Certificate of Insurance. Any self -insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall specifically be approved by the Risk Manager, or designee, upon review of Tenant's City Council 16 — 188 12/7/l 122 9138-126780\1512539.3 EXHIBIT 5 current audited financial report. If the Tenant fails to maintain insurance acceptable to the Agency for the full term of this Lease, the Agency may terminate this Lease. 8.1.6. All policies of insurance required under this Article VIII must be issued by an insurer with a minimum rating of A- (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property- Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer must be licensed to do business in the state of California. (a) If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the Lessor retains the right to approve or reject a carrier after a review of the carrier's performance and financial ratings. (b) If the insurance carrier is not an admitted carrier in the state of California and does not have an A.M. Best rating of A-/VIII, the Lessor retains the right to approve or reject a carrier after a review of the company's performance and financial ratings. (c.l) The policy or policies of insurance maintained by the TENANT DURING CONSTRUCTION shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Builder's Risk (during the Construction Period) naming retained General Contractor Project value and no coinsurance provision. Commercial General Liability $5,000,000 per occurrence $5,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Compensation Statutory Minimum Employers' Liability Insurance $1,000,000 per occurrence (c.2) The policy or policies of insurance maintained by the TENANT'S GENERAL CONTRACTOR DURING CONSTRUCTION shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Commercial General Liability $5,000,000 per occurrence City Council 16 — 189 12/7/l 123 9138-126780\1512539.3 EXHIBIT 5 $10,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $2,000,000 limit per occurrence Workers' Compensation Statutory Minimum Employers' Liability Insurance $1,000,000 per occurrence Contractor's Pollution Liability including NODS $5,000,000 per claims made or per occurrence (d) The policy or policies of insurance maintained by the TENANT'S SUBCONTRACTORS DURING CONSTRUCTION shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, $1,000,000 limit per occurrence non -owned and hired vehicles Workers' Compensation Statutory Minimum Employer's Liability Insurance (not required for $1,000,000 per occurrence self-employed subcontractors) Contractor's Pollution Liability including NODS $1,000,000 per claims made or per (Required only of those subcontractors involved in occurrence pollution remediation) (e) The policy or policies of insurance maintained by the ARCHITECT - ENGINEER shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Professional Liability (architect, structural, $2,000,000 per occurrence electrical engineer, mechanical/plumbing engineering, environmental engineer, civil engineer, $2,000,000 aggregate landscape architect, and geotechnical engineer) Commercial General Liability $1,000,000 per occurrence City Council 16 — 190 12/7/l 124 9138-126780\1512539.3 EXHIBIT 5 $2,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Compensation Statutory Minimum Employers' Liability Insurance $1,000,000 per occurrence (f) The policy or policies of insurance maintained by the TENANT AFTER CONSTRUCTION shall provide the minimum limits and coverage as set forth below: Coverages Minimum Limits Commercial General Liability $5,000,000 per occurrence Including Sexual Misconduct (defined as abuse, $5,000,000 aggregate molestation and assault and battery) Automobile Liability including coverage for owned, $1,000,000 limit per occurrence non -owned and hired vehicles Workers' Compensation Statutory Minimum Employers' Liability Insurance $1,000,000 per occurrence Commercial Property Insurance on an "All Risk" or 100% of the Replacement Cost Value "Special Causes of Loss" basis covering all and no coinsurance provision buildings, contents and any tenant improvements including Business Interruption/Loss of Rents with a 12 month limit Tenant shall provide a builder's risk policy, naming the Contractor, providing coverage for the full project value and no coinsurance provision. The policy shall provide coverage for all perils excluding earthquake, and flood. Tenant is responsible for any deductible amount. Housing Authority of the City of Santa Ana shall be named as Loss Payees as its financial interests may appear. This shall be evidenced by a Loss Payee endorsement which shall accompany the Certificate of Insurance. The Builder's Risk policy shall not be required to cover any tools, equipment, or supplies, unless such tools, equipment, or supplies are part of the Work being constructed. The Contractor shall be responsible for securing and maintaining appropriate insurance on any tools, equipment, or supplies that are not part of the work being constructed. The Contractor waives all rights against each other and the subcontractors, sub -subcontractors, officers, and employees of each other, and the Contractor waives all rights against 's separate City Council 16 — 191 12/7/l 125 9138-126780\1512539.3 EXHIBIT 5 contractors, if any, and their subcontractors, sub -subcontractors, officers and employees for damages caused by fire or other perils to the extent paid by the Builder's Risk insurance, except such rights as they may have to the proceeds of such insurance. The Contractor shall require of its subcontractors and sub -subcontractors by appropriate agreements, similar waivers, each in favor of all other parties enumerated in the preceding sentence. (g) The policy or policies of insurance maintained by the TENANT'S CONTRACTOR AFTER CONSTRUCTION shall provide the minimum limits and coverage as set forth below when performing maintenance and minor work after the building is in operation: Coverages Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Automobile Liability including coverage for owned, non -owned and hired vehicles $1,000,000 limit per occurrence Workers' Compensation Statutory Minimum Employers' Liability Insurance $1,000,000 per occurrence 8.1.7. Required Coverage Forms. (a) The Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01, or a substitute form providing liability coverage at least as broad. (b) The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing liability coverage as broad. 8.1.8. Required Endorsements. The Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of insurance: 1) An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as broad naming the City of Santa Ana, and their respective elected and appointed officials, officers, employees, agents as Additional Insureds. Blanket coverage may also be provided which will state, as required by Lease. 2) A Products and Completed Operations endorsement using ISO Form CG2037 (ed.04/13) or a form at least as broad, or an acceptable alternative is the ISO from CG2010 (ed. 11/85). (Pertains to contractors and subcontractors performing major construction). Contractors shall maintain Products and Completed Operations coverage for ten (10) years following completion of construction. The Contactors Pollution Liability and Pollution Liability policies shall contain the following endorsements, which shall accompany the Certificate of Insurance: City Council 16 — 192 12/7/l 126 9138-126780\1512539.3 EXHIBIT 5 1) An Additional Insured endorsement naming the City of Santa Ana, and their respective elected and appointed officials, officers, employees, and agents as Additional Insureds. (a) The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the City of Santa Ana, and their respective elected and appointed officials, officers, agents and employees. (b) All insurance policies required by this Lease shall waive all rights of subrogation against the City of Santa Ana, and their respective elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. (c) The Commercial Property Building policy shall include City of Santa Ana as both Named Insureds. A Certificate of Insurance shall be submitted as evidence of this requirement. The Builders' Risk policy shall be endorsed to include City of Santa Ana as Loss Payees. A Loss Payee endorsement shall be submitted with the Certificate of Insurance as evidence of this requirement. (d) Tenant shall notify City in writing within thirty (30) days of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to the City. Failure to provide written notice of cancellation may constitute a material breach of the Lease, after which the City may suspend or terminate this Lease. (e) The Commercial General Liability policy shall contain a severability of interests clause, also known as a "separation of insureds" clause (standard in the ISO CG 001 policy). (f) If Contractor's Pollution Liability and Pollution Liability are claims - made policies, Contractor shall agree to maintain coverage for five (5) years following completion of the construction. If Contractor's Professional Liability is a claims -made policy, Contractor shall agree to maintain coverage for ten (10) years following the completion of construction. Products and Completed Operations coverage shall be maintained for ten (10) years following the completion of construction. (g) Insurance certificates should be forwarded to City addresses provided in Section 18.19 below. Tenant has ten (10) business days to provide adequate evidence of insurance or it shall constitute an Event of Default. (h) City expressly retains the right to require Tenant to increase or decrease insurance of any of the above insurance types throughout the term of this Lease which shall be mutually agreed upon by City and Tenant. (1) Lessor shall notify Tenant in writing of changes in the insurance requirements consistent with subsection N above. If Tenant does not deposit copies of certificates of insurance and endorsements with Lessor incorporating such changes within thirty (30) days of receipt of such notice, it shall constitute an Event of Default. 0) The procuring of such required policy or policies of insurance shall not be construed to limit Tenant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease, nor in any way to reduce the policy coverage and limits available from City Council 16 — 193 12/7/l 127 9138-126780\1512539.3 EXHIBIT 5 the insurer. 8.2 Indemnification. Tenant agrees to assume all risks, financial or otherwise, associated with the Premises. Tenant hereby releases and waives all claims and recourse against Lessor, including the right of contribution for loss or damage of persons or property, arising from, growing out of or in any way connected with or related to this Lease, including any damage to or interruption of use of the Premises including, but not limited to, loss of business, damage to, destruction of, or relocation costs of Tenant's Improvements or impaired utility of the Premises caused by erosion, flood, or flood overflow, or caused by any action undertaken in the operation, maintenance, repair, reconstruction, replacement, enlargement or improvement of the Premises except claims arising from the gross negligence or willful misconduct of Lessor or any Lessor Parties. Tenant hereby agrees to indemnify, defend (with counsel approved in writing by Lessor), and hold harmless, Lessor and any Lessor Parties against any and all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property, arising out of the operation or maintenance of the Premises, and/or Tenant's exercise of the rights under this Lease, except for liability arising out of the gross negligence or willful misconduct of Lessor or any Lessor Parties, including the cost of defense of any lawsuit arising therefrom, and except for claims arising after the later to occur of the expiration or earlier termination of the Term, or the date Tenant vacates the Premises. If Lessor is named as co-defendant in a lawsuit in connection with this Lease, Tenant shall notify Lessor of such fact and shall represent the Lessor in such legal action unless Lessor undertakes to represent themselves as co-defendant in such legal action, in which event, Tenant shall pay to Lessor their litigation costs, expenses, and reasonable attorneys' fees. If judgment is entered against Lessor and Tenant by a court of competent jurisdiction because of the concurrent active negligence of Lessor and Tenant, Lessor and Tenant agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. A judgment or other judicial determination regarding Lessor's negligence shall not be a condition precedent to Tenant's obligations stated in this Section. Tenant acknowledges that it is familiar with the language and provisions of California Civil Code Section 1542 which provides as follows: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party. Tenant, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its provisions to the extent described in this paragraph. The foregoing indemnity and defense obligations of this Lease shall survive its expiration or termination. This Section 8.2 notwithstanding, indemnification with respect to Hazardous Materials shall be governed by Section 4.4.4. 8.3 Damage to Tenant's Premises. Lessor shall not be liable for injury or damage which may be sustained by the person, goods, wares, merchandise, or other property of Tenant, of Tenant's employees, invitees, customers, or of any other person in or about the Premises or the Improvements caused by or resulting from any peril which may affect the Premises or Improvements, including fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of the Premises or the Improvements, whether such damage or injury results from conditions arising upon the Premises or from other sources; provided, however, Lessor shall be liable for injury or City Council 16 — 194 12/7/l 128 9138-126780\1512539.3 EXHIBIT 5 damage under this Section 8.3 resulting from the gross negligence or willful misconduct of Lessor or any Lessor Party. ARTICLE IX CONDEMNATION 9.1 Definitions. 9.1.1. "Condemnation" means (i) the taking or damaging, including severance damage, by eminent domain or by inverse condemnation or for any public or quasi -public use under any statute, whether by legal proceedings or otherwise, by a Condemnor (hereinafter defined), and (ii) a voluntary sale or transfer to a Condemnor, either under threat of condemnation or while condemnation legal proceedings are pending. 9.1.2. "Date of Taking" means the later of (i) the date actual physical possession is taken by the Condemnor; or (ii) the date on which the right to compensation and damages accrues under the law applicable to the Premises. 9.1.3. "Award" means all compensation, sums or anything of value awarded, paid or received for a Total Taking, a Substantial Taking or a Partial Taking (hereinafter defined), whether pursuant to judgment or by agreement or otherwise. 9.1.4. "Condemnor" means any public or quasi -public authority or private corporation or individual having the power of condemnation. 9.1.5. "Total Taking" means the taking by Condemnation of all of the Premises and all of the Improvements. 9.1.6. "Substantial Taking" means the taking by Condemnation of so much of the Premises or Improvements or both that one or more of the following conditions results, as reasonably determined by Tenant: (1) The remainder of the Premises would not be economically and feasibly usable by Tenant; and/or (ii) A reasonable amount of reconstruction would not make the Premises and Improvements a practical improvement and reasonably suited for the uses and purposes for which the Premises were being used prior to the Condemnation; and/or (iii) The conduct of Tenant's business on the Premises would be materially and substantially prevented or impaired. 9.1.7. "Partial Taking" means any taking of the Premises or Improvements that is neither a Total Taking nor a Substantial Taking. 9.1.8. "Notice of Intended Condemnation" means any notice or notification on which a reasonably prudent person would rely and which he would interpret as expressing an existing intention of Condemnation as distinguished from a mere preliminary inquiry or proposal. It includes but is not limited to service of a Condemnation summons and complaint on a Party hereto. The notice is considered to have been received when a Party receives from the Condemnor a notice of intent to condemn, in writing, containing a description or map reasonably defining the extent of the Condemnation. 9.2 Notice and Representation. City Council 16 — 195 12/7/l 129 9138-126780\1512539.3 EXHIBIT 5 9.2.1. Notification. The Party receiving a notice of one or more of the kinds specified below shall promptly notify the other Party of the receipt, contents and dates of such notice: (1) a Notice of Intended Condemnation; (ii) service of any legal process relating to the Condemnation of the Premises or Improvements; (iii) any notice in connection with any proceedings or negotiations with respect to such a Condemnation; (iv) any notice of an intent or willingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. 9.2.2. Separate Representation. Agency and Tenant each have the right to represent its respective interest in each Condemnation proceeding or negotiation and to make full proof of his claims. No agreement, settlement, sale or transfer to or with the Condemnor shall be made without the consent of Agency and Tenant. Agency and Tenant shall each execute and deliver to the other any instruments that may be required to effectuate or facilitate the provisions of this Lease relating to Condemnation. 9.3 Total or Substantial Taking. 9.3.1. Total Taking. On a Total Taking, this Lease shall terminate on the Date of Taking 9.3.2. Substantial Taking. If a taking is a Substantial Taking, Tenant may, with the consent of each Leasehold Mortgagee to the extent required, by notice to Lessor given within ninety (90) days after Tenant receives a Notice of Intended Condemnation, elect to treat the taking as a Total Taking. If Tenant does not so notify Lessor, the taking shall be deemed a Partial Taking. 9.3.3. Early Delivery of Possession. Tenant may continue to occupy the Premises and Improvements until the Condemnor takes physical possession. At any time following Notice of Intended Condemnation, Tenant may in its sole discretion, with the consent of each Leasehold Mortgagee to the extent required, elect to relinquish possession of the Premises to Lessor before the actual Taking. The election shall be made by notice declaring the election and agreeing to pay all Rent required under this Lease to the Date of Taking. Tenant's right to apportionment of or compensation from the Award shall then accrue as of the date that the Tenant relinquishes possession. 9.3.4. Apportionment of Award. On a Total Taking all sums, including damages and interest, awarded for the fee or leasehold or both shall be distributed and disbursed as finally determined by the court with jurisdiction over the Condemnation proceedings in accordance with applicable law. Notwithstanding anything herein to the contrary, Tenant shall be entitled to receive compensation for the value of its leasehold estate under this Lease including its fee interest in all Improvements, personal property and trade fixtures located on the Premises, its relocation and removal expenses, its loss of business goodwill and any other items to which Tenant may be entitled under applicable law. 9.4 Partial Taking. 9.4.1. Effect on Rent. On a Partial Taking this Lease shall remain in full force and effect covering the remainder of the Premises and Improvements, and Tenant shall not be entitled to any refund of the Base Rent. 9.4.2. Restoration of Improvements. Promptly after a Partial Taking, Tenant shall repair, alter, modify or reconstruct the Improvements ("Restoring") so as to make them reasonably City Council 16 — 196 12/7/l 130 9138-126780\1512539.3 EXHIBIT 5 suitable for Tenant's continued occupancy for the uses and purposes for which the Premises are leased. 9.4.3. Apportionment of Award. On a Partial Taking, Lessor shall be entitled to receive the entire award for such Partial Taking, except that (1) the proceeds of such Partial Taking shall first be applied towards the cost of Restoring the Premises pursuant to Section 9.4.2 and (ii) Tenant shall be entitled to receive any portion of such award allocated to Tenant's interest in any of Tenant's Improvements, Personal property and trade fixtures taken, and any part of the award attributable to the low income housing tax credits. 9.5 Waiver of Termination Rights. Both Parties waive their rights under Section 1265.130 of the California Code of Civil Procedure (and any successor provision) and agree that the right to terminate this Lease in the event of Condemnation shall be governed by the provisions of this Article IX. ARTICLE X ASSIGNMENT, SUBLETTING AND ENCUMBERING 10.1 General. Except as provided in Sections 10.3 and 17.6.4, below, Tenant shall not mortgage, pledge, hypothecate, encumber, transfer, sublease Tenant's interest in this Lease or assign (including an assignment by operation of law) Tenant's interest in the Premises or Improvements or any part or portion thereof (hereinafter referred to collectively as "Transfer") without the written consent of the Lessor, which consent may not be unreasonably withheld, conditioned or delayed. Lessor's consent may be subject to approval by the City Council. Tenant's failure to obtain the Lessor's written consent to a Transfer shall render such Transfer void. Occupancy of the Premises by a prospective transferee, sublessee, or assignee prior to Lessor's written consent of a Transfer shall constitute an Event of Default, except as set forth in Section 10.3, below. 10.1.1. Except as provided in Section 10.3, below, if Tenant hereunder is a corporation, limited liability company, an unincorporated association or partnership, the sale or transfer of any stock or interest in said corporation, company, association and partnership in the aggregate exceeding 25% shall require the written consent of the Lessor, as set forth in Section 10.3, above, which consent may not be unreasonably withheld, conditioned or delayed. 10.1.2. Should Lessor consent to any Transfer, such consent and approval shall not constitute a waiver of any of the terms, conditions, covenants, restrictions or reservations of this Lease nor be construed as Lessor's consent to any further Transfer. Such terms conditions, covenants, restrictions and reservations shall apply to each and every Transfer hereunder and shall be severally binding upon each and every party thereto. Any document to regarding the Transfer of the Premises or any part thereof shall not be inconsistent with the provisions of this Lease and in the event of any such inconsistency, the provisions of this Lease shall control. 10.1.3. This Section shall not be interpreted to prohibit, disallow or require Lessor's consent to space leases (subleases of less than Tenant's entire Lease interest), including leases of individual residential units in the Improvements, which are consistent with the approved uses under this Lease. 10.2 Leasehold Mortgage. Under no circumstances may Tenant mortgage, encumber or hypothecate Lessor's Fee Interest. City Council 16 — 197 12/7/l 131 9138-126780\1512539.3 EXHIBIT 5 10.3 Excluded Transfers. Lessor's consent, asset forth in Section 10.1, above, shall not be required for any Excluded Transfer (each parry to whom an Excluded Transfer may be made is a "Permitted Transferee"), provided, however, that (1) Tenant shall notify Lessor of such Excluded Transfer at least twenty (20) days prior to the Excluded Transfer, and shall provide Lessor with information regarding the transferee evidencing that the Transfer falls within the scope of this Section 10.3 and the definition of Excluded Transfer, set forth in Section 1.1.21, above, and (2) if such Transfer involves an assignment of Tenant's rights under this Lease, Tenant or such transferee shall provide Lessor with a written assumption of Tenant's obligations and liabilities under this Lease executed by such transferee in a form approved by the Lessor, which approval shall not be unreasonably withheld, conditioned or delayed in the event that the assignment is consistent with the terms of this Lease; provided, however, that the provisions of this Section 10.3 shall not apply to any Transfer to a Foreclosure Transferee. 10.4 Transfer Procedure. The provisions of this Section 10.4 shall not be applicable to an Excluded Transfer, which shall be governed by Sections 1.1.21 and 10.3, above. If Tenant desires at any time to enter into a Transfer for which Lessor's consent is required hereunder, Tenant shall provide Lessor with written notice ("Transfer Notice") at least ninety (90) days prior to the proposed effective date of the Transfer. The Transfer Notice shall include (1) the name and address of the proposed transferee, (ii) the nature of the Transfer (e.g., whether an assignment, sublease, etc.), (iii) the proposed effective date of the Transfer, (iv) income statements and "fair market" balance sheets of the proposed transferee for the two (2) most recently completed fiscal or calendar years (provided however, if the proposed transferee is a newly formed entity and has not been in existence for such two (2) year period, the financial statements submitted shall be those of its principals), (v) a detailed description of the proposed transferees qualifications and experience that demonstrates the transferee meets the criteria for a Tenant as established by this Lease, and (vi) a bank or other credit reference. Thereafter, Tenant shall furnish such supplemental information as Lessor may reasonably request concerning the proposed transferee. Lessor shall, no later than ninety (90) days after Lessor's receipt of the information specified above, deliver written notice to Tenant which shall (i) indicate whether Lessor give or withhold consent to the proposed Transfer, and (ii) if Lessor withhold consent to the proposed Transfer, setting forth a detailed explanation of Lessor's grounds for doing so. If Lessor consents to a proposed Transfer, then Tenant may thereafter effectuate such Transfer to the proposed transferee based upon the specific terms of the Lessor's approval and after execution of a consent to assignment by Lessor in a form approved by the Lessor, which approval shall not be unreasonably withheld, conditioned or delayed in the event that the assignment is consistent with the terms of this Lease; provided, however, that the provisions of this Section 10.4 shall not apply to any Transfer to a Foreclosure Transferee. 10.5 Liability of Transferors/Transferees For Lease Obligations. In the case of an assignment, including an assignment pursuant to Section 17.6.5, each Permitted Transferee and any other assignees or transferees of this Lease shall assume in writing all of Tenant's obligations thereafter arising under this Lease. All assignees or transferees of any interest in this Lease or the Premises or Improvements (whether or not directly liable on this Lease) shall be subject to the terms, conditions, covenants, restrictions and reservations of this Lease. Except as otherwise provided in Section 17.6.5, the transferor may be released from all liability under this Lease only if the Permitted Transferee or other transferee agrees in writing to assume all of transferor's obligations and liabilities and provides to Lessor evidence of sufficient and adequate assets, including any required insurance policies, subject to approval by Lessor, which approval shall not be unreasonably withheld, that evidence said Permitted Transferee's or other transferees' financial and otherwise competence to assume transferor's obligations and liability (an "Approved Release"). Except as otherwise City Council 16 — 198 12/7/l 132 9138-126780\1512539.3 EXHIBIT 5 provided in Section 17.6.5 and except for an Approved Release, for all other Transfers, any transferor of any interest in this Lease or the Premises or Improvements shall remain primarily liable for all obligations hereunder and shall be subject to the terms, conditions, covenants, restrictions and reservations of this Lease. Except as otherwise provided in Section 17.6.5 and except for an Approved Release, the Lessor may proceed directly against the transferor in its sole and absolute discretion, with no obligation to exhaust its remedies against the transferee. 10.6 Conditions of Certain Lessor Consent. 10.6.1. Lessor may withhold consent to a Transfer (excluding Excluded Transfers which shall not require Lessor consent) at its and absolute sole discretion if any of the following conditions exist: (a) An Event of Default exists under this Lease. (b) The prospective transferee has not agreed in writing to keep, perform, and be bound by all the terms conditions, covenants, restrictions and reservations of this Lease. (c) In the case of an assignment, the prospective transferee has not agreed in writing to assume all of transferor's obligations and liabilities. (d) The construction of the Initial Improvements has not been completed. (e) Any construction required of Tenant as a condition of this Lease has not been completed. (f) All the material terms, covenants, and conditions of the Transfer that are relevant to the Lessor's approval of the Transfer have not been disclosed in writing to the Lessor. 10.7 Transfer of Mortgages of Lessor's Interest. Notwithstanding anything to the contrary set forth in this Ground Lease, unless required by statute, court order or operation of law, Lessor shall not transfer, assign, pledge or hypothecate its fee interest in the Premises (other than to entities under common control with Lessor or other governmental entities under applicable law) without the prior written consent of Tenant, Leasehold Mortgagee. Any and all mortgages or liens placed or suffered by the Lessor encumbering the Lessor's fee interest in the Premises shall be expressly subject and subordinate to this Lease, to all obligations of Lessor hereunder, to all of the rights, titles, interests, and estates of the Tenant created or arising hereunder, to each New Lease and to each Leasehold Mortgage. Furthermore, any Person succeeding to the Lessor's fee interest as a consequence of any conveyance, foreclosure or other transfer shall succeed to all of the obligations of the Lessor hereunder. ARTICLE XI DEFAULT AND REMEDIES 11.1 Event of Default. Each of the following events shall constitute an "Event of Default" by Tenant: 11.1.1. Failure to Pay. Tenant's failure or omission to pay Basic Rent or other sum payable hereunder on or before the date due where such failure shall continue for a period of twenty City Council 16 — 199 12/7/l 133 9138-126780\1512539.3 EXHIBIT 5 (20) days after written notice thereof from Lessor to Tenant; provided, however, that any such notice shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure § 1161 et seq. 11.1.2. Failure to Perform. The failure or inability by Tenant to observe or perform any of its obligations under this Lease (other than those specified in Sections 11.1.1, 11.1.3, 11.1.6, or 11.1.8 herein, which have their own notice and cure periods), where such failure shall continue for a period of thirty (30) days after written notice thereof from Lessor to Tenant or past any such longer period as reasonably agreed upon by the Tenant, Lessor in writing as may be necessary for completion of its cure; provided, however, that any such notice by Lessor shall be in lieu of, and not in addition to, any notice required under California Code of Civil Procedure Section 1161 et. seq.; provided, further, that if the nature of such failure is such that it can be cured by Tenant but that more than thirty (30) days are reasonably required for its cure (for any reason other than financial inability), then Tenant shall not be deemed to be in default if Tenant shall commence such cure within said thirty (30) days, and thereafter diligently pursues such cure to completion. 11.1.3. Abandonment. The abandonment (as defined in California Civil Code Section 1951.3) or vacation of the Premises by Tenant for a period of thirty (30) consecutive days or more. 11.1.4. Assignments. (a) The making by Tenant of any assignment of its leasehold estate under this Lease without Lessor's consent, to the extent required pursuant to Article X; (b) A case is commenced by or against Tenant under Chapters 7, 11 or 13 of the Bankruptcy Code, Title 11 of the United States Code as now in force or hereafter amended and if so commenced against Tenant, the same is not dismissed within ninety (90) days of such commencement; (c) the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets located at the Premises or of Tenant's interest in this Lease, where such seizure is not discharged within sixty (60) days; or (d) Tenant's convening of a meeting of its creditors or any class thereof for the purpose of effecting a moratorium upon or composition of its debts. In the event of any such default, neither this Lease nor any interests of Tenant in and to the Premises shall become an asset in any of such proceedings. 11.1.5. Failure to Reimburse Lessor. Tenant's failure to reimburse the Lessor pursuant to Section 3.6.4. 11.1.6. Termination of and Failure to Reinstate Insurance Coverage. Termination of Tenant's insurance coverage and lack of reinstatement within ten (10) business days after notice from Lessor of such termination. 11.1.7. Failure to Provide Evidence of Insurance. Tenant's failure to provide Lessor with a valid and adequate certificate of insurance and endorsements, or binder, at any time during the Term of the Lease, within the time period required under Section 8.1.3. City Council 16 — 200 12/7/l 134 9138-126780\1512539.3 EXHIBIT 5 11.1.8. Lessor's Consent and Approval of Transfer. Occupancy of the Premises by a prospective transferee, sublessee, or assignee which requires Lessor's consent or approval, before Lessor's written consent and approval of a Transfer is obtained to the extent required in Section 10.1. 11.1.9. Additional Rent. Tenant's failure to make Additional Rent payment(s) as set forth in Sections 11.3 and 11.10. 11.2 Lessor's Remedies. If an Event of Default occurs, Lessor shall have the following remedies in addition to all rights and remedies provided by law or equity to which Lessor may resort cumulatively or in the alternative: 11.2.1. Termination of Lease. Subject to Article 17, as applicable, Lessor shall have the right to terminate this Lease and all rights of Tenant hereunder including Tenant's right to possession of the Premises. In the event that Lessor shall elect to so terminate this Lease then Lessor may recover from Tenant: (a) The worth at the time of award of the unpaid Rent and other charges, which had been earned as of the date of the termination hereof, plus (b) The worth at the time of award of the amount by which the unpaid Rent and other charges which would have been earned after the date of the termination hereof until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; plus (c) The worth at the time of award of the amount by which the unpaid Rent and other charges for the balance of the Term hereof after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus (d) Any other amount necessary to compensate Lessor for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of things would be likely to result therefrom, including, but not limited to, the cost of recovering possession of the Premises, expenses of reletting, including necessary repair, renovation and alteration of the Premises, reasonable attorneys' fees, expert witness costs; plus (e) Subject to the rights of any Leasehold Mortgagees, the funds in the Replacement Reserve Fund; plus (f) Any other amount which Lessor may by law hereafter be permitted to recover from Tenant to compensate Lessor for the detriment caused by Tenant's default as permitted under applicable California law. 11.2.2. Continue Lease in Effect. Lessor may continue this Lease in effect without terminating Tenant's right to possession and to enforce all of Lessor's rights and remedies under this Lease, at law or in equity, including the right to recover the Rent as it becomes due under this Lease; provided, however, that Lessor may at any time thereafter elect to terminate this Lease for the underlying Event(s) of Default by notifying Tenant in writing that Tenant's right to possession of the Premises has been terminated. 11.2.3. Removal of Personal Property Following Termination of Lease. Lessor City Council 16 — 201 12/7/l 135 9138-126780\1512539.3 EXHIBIT 5 shall have the right, following a termination of this Lease and Tenant's rights of possession of the Premises under Section 11.2.1 above, to re-enter the Premises and, subject to applicable law, to remove Tenant's personal property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, or disposed of without such storage, in accordance with applicable California law. 11.3 Lessor's Right to Cure Tenant Defaults. If Tenant shall have failed to cure, after expiration of the applicable time for curing, a particular default under this Lease, Lessor may at their election, but are not obligated to, make any payment required of Tenant under this Lease or perform or comply with any term, agreement or condition imposed on Tenant hereunder, and the amount so paid plus the reasonable cost of any such performance or compliance plus interest on such sum at the Interest Rate from the date of payment, performance or compliance until reimbursed shall be deemed to be Additional Rent payable by Tenant on Lessor's demand. Tenant's failure to reimburse the Agency within 30 days of Lessor's demand shall constitute an Event of Default under this Lease. No such payment, performance or compliance shall constitute a waiver of default or of any remedy for default, or render Agency liable for any loss or damage resulting from the same except to the extent caused by the gross negligence or willful misconduct of Lessor or Lessor Party. 11.4 Lessor's Default. Lessor shall not be considered to be in default under this Lease unless Tenant has given Lessor written notice specifying the default, and either (1) as to monetary defaults, Lessor have failed to cure the same within ten (10) business days after written notice from Tenant, or (ii) as to nonmonetary defaults, Lessor have failed to cure the same within thirty (30) days after written notice from Tenant, or if the nature of Lessor's nonmonetary default is such that more than thirty (30) days are reasonably required for its cure, then such thirty (30) day period shall be extended automatically so long as Agency commences a cure within such thirty (30) day period and thereafter diligently pursues such cure to completion. Tenant shall have no right to offset or abate alleged amounts owing by Agency under this Lease against any amounts owing by Tenant under this Lease. Additionally, Tenant's sole remedy for any monetary default shall be towards the Lessor's interest in the property and not to any other assets. Any and all claims or actions accruing hereunder shall be absolutely barred unless such action is commenced within twelve (12) months of the event or action giving rise to the default. 11.5 Remedies Cumulative. All rights and remedies of Lessor contained in this Lease shall be construed and held to be cumulative, and no one of them shall be exclusive of the other, and Lessor shall have the right to pursue any one or all of such remedies or any other remedy or relief which may be provided by law, whether or not stated in this Lease. 11.6 Waiver by Lessor. No delay or omission of Lessor to exercise any right or remedy shall be construed as a waiver of such right or remedy or any default by Tenant hereunder. The acceptance by Lessor of Rent or any other sums hereunder shall not be (a) a waiver of any preceding breach or default by Tenant of any provision thereof, other than the failure of Tenant to pay the particular rent or sum accepted, regardless of Lessor's knowledge of such preceding breach or default at the time of acceptance of such rent or sum, or (b) waiver of Lessor's right to exercise any remedy available to Lessor by virtue of such breach or default. No act or thing done by Agency's agents during the term of this Lease shall be deemed an acceptance of a surrender of the Premises, and no agreement to accept a surrender shall be valid unless in writing and signed by Lessor. 11.7 Reserved. City Council 16 — 202 12/7/l 136 9138-126780\1512539.3 EXHIBIT 5 11.8 Conditions Deemed Reasonable. Tenant acknowledges that each of the conditions to a Transfer, and the rights of Lessor set forth in this Article X in the event of a Transfer is a reasonable restriction for the purposes of California Civil Code Section 1951.4. 11.9 Waiver by Tenant. Tenant's waiver of any breach by Lessor of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. 11.10 Tenant Covenants and Agreements. All covenants and agreements to be performed by Tenant under any of the terms of this Lease shall be performed by Tenant at Tenant's sole cost and expenses and without any abatement of Rent. If Tenant shall fail to pay any sum of money, other than Rent required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder, or to provide any insurance or evidence of insurance to be provided by Tenant within the time period required under this Lease, then in addition to any other remedies provided herein, Lessor may, but shall not be obligated to do so, and without waiving or releasing Tenant from any obligations of Tenant, make any such payment or perform any such act on Tenant's part to be made or performed as provided in this Lease or to provide such insurance. Any payment or performance of any act or the provision of any such insurance by Lessor on Tenant's behalf shall not give rise to any responsibility of Lessor to continue making the same or similar payments or performing the same or similar acts. All costs, expenses, and other sums incurred or paid by Lessor in connection therewith, together with interest at the Interest Rate from the date incurred or paid by Lessor, shall be deemed to be Additional Rent hereunder and shall be paid by Tenant within thirty (30) days of receipt of a demand and invoice from Lessor, and Tenant's failure to pay the Lessor, as stated herein, shall constitute an Event of Default under this Lease. ARTICLE XII HOLDING OVER If Tenant fails to surrender the Premises and the Improvements as stated herein, and Lessor shall take legal action to cause Tenant's eviction from the Premises and is successful in such action, Tenant shall be responsible for all costs and expenses, including reasonable attorney's fees and costs, incurred by Agency in connection with such eviction action; Tenant shall also indemnify and hold Lessor harmless from all loss or liability or reasonable attorney's fees and costs, including any claim made by any succeeding tenant, incurred by Agency founded on or resulting from such failure to surrender. ARTICLE XIII ESTOPPEL CERTIFICATES At any time and from time to time, within ten (10) business days after written request by either Agency or Tenant (the "requesting party"), the other Party (the "responding party") shall execute, acknowledge and deliver an estoppel certificate addressed to the requesting party, and/or to such other beneficiary (as described below) as the requesting party shall request, certifying (1) that this Lease is in full force and effect, (ii) that this Lease is unmodified, or, if there have been modifications, identifying the same, (iii) the dates to which Rent has been paid in advance, (iv) that, to the actual knowledge of the responding party, there are no then existing and uncured defaults under the Lease by either Agency or Tenant, or, if any such defaults are known, identifying the same, and (v) any other factual matters (which shall be limited to the actual knowledge of the responding party) as may be reasonably requested by the requesting party. Such certificate may designate as the City Council 16 — 203 12/7/l 137 9138-126780\1512539.3 EXHIBIT 5 beneficiary thereof the requesting party, and/or any third party having a reasonable need for such a certificate (such as, but not limited to, a prospective purchaser, transferee or lender) and any such certificate may be relied upon by the Parties. ARTICLE XIV FORCE MAJEURE Unless otherwise specifically provided herein, the period for performance of any nonmonetary obligation by either Parry shall be extended by the period of any delay in performance caused by Acts of God, strikes, boycotts, lock -outs, inability to procure materials not related to the price thereof, failure of electric power, riots, civil unrest, acts of terrorism, insurrection, war, pandemic, declaration of a local, state or national emergency, weather that could not have reasonably been anticipated, market conditions, changes in the Laws which would prevent the Premise from being operated in accordance with this Lease, or other reasons beyond the reasonable control of Agency, Tenant, or their respective agents or representatives (collectively, "Force Majeure Events"). In no event, however, shall Force Maj eure Events include the financial inability of a Party to this Lease to pay or perform its obligations hereunder. Further, nothing herein shall extend the time for performance of any monetary obligation owing under this Lease (including Tenant's obligation to pay Rent owing hereunder). ARTICLE XV RECORDS AND ACCOUNTS 15.1 Financial Statements. Within one hundred eighty (180) after the end of each accounting year, Tenant shall at his own expense submit to Auditor -Controller and the Agency a balance sheet and income statement prepared by a Certified Public Accountant ("CPA") who is a member of the American Institute of Certified Public Accountants ("AICPA") and the California Society of CPAs, reflecting business transacted on or from the Premises during the preceding accounting year. The Certified Public Accountant must attest that the balance sheet and income statement submitted are an accurate representation of Tenant's records as reported to the United States of America for income tax purposes. At the same time, Tenant shall submit to Auditor - Controller and Agency a statement certified as to accuracy by a Public Accountant who is a member of AICPA and the California Society of CPAs, wherein the total Gross Receipts for the accounting year are classified according to the categories of business established for percentage rent and listed in Section 3.4.1(d) and for any other business conducted on or from the Premises. Tenant shall provide Lessor with copies of any CPA's management letters prepared in conjunction with their audits of Tenant's operations from the Premises. Copies of management letters shall be provided directly to Lessor by the CPA at the same time Tenant's copy is provided to Tenant. In the event that when such financial statements are submitted, the Tenant has a budget for the following accounting year, Tenant, at the same time, shall also provide Lessor with such budget. 15.1.1. Tenant acknowledges its understanding that any and all of the Financial Statement submitted to the Lessor pursuant to this Lease become Public Records and may be subject to public inspection and copying pursuant to §§ 6250 et. seq. of the California Government Code. 15.1.2. All Tenant's books of account and records and supporting source documents related to this Lease or to business operations conducted within or from the Premises shall be kept and made available at one location within the limits of the County unless an alternative location is approved in writing by the Lessor. Lessor shall, through their duly authorized agents or City Council 16 — 204 12/7/l 138 9138-126780\1512539.3 EXHIBIT 5 representatives, have the right to examine and audit said books of account and records and supporting source documents at any and all reasonable times for the purpose of determining the accuracy thereof in connection with such Sections of this Lease as the Parties mutually and reasonably agree the audit is relevant thereto. 15.2 Reports. In the event that the Tenant commissions, requests or is required to produce any reports related to the physical condition of the Improvements or Premises, Tenant shall submit copies of such reports to Lessor along with the financial statements required above in Section 15.1. ARTICLE XVI OPERATIONAL OBLIGATIONS OF TENANT 16.1 Standards of Operation. 16.1.1. Tenant shall operate the Premises in a manner reasonably comparable to other comparable facilities or businesses within the City of Santa Ana. Tenant shall at all times during the Term cause to be provided adequate security measures to reasonably protect persons and property on the Premises. 16.1.2. The ultimate purpose of this Lease is to permit the construction and operation of a multifamily affordable residential rental development, including permanent supportive housing, in accordance with Section 4.1.1. Accordingly, Tenant covenants and agrees to operate said Premises fully and continuously to accomplish said purposes and not to abandon or vacate the Premises at any time. 16.1.3. The facilities on the Premises shall be operated during normal business hours, subject to any temporary interruptions in operations or closures due to ordinary maintenance and repair and any Force Majeure Event, defined in Article XIV above. 16.2 Protection of Environment. Tenant shall take all reasonable measures available to: 16.2.1. Avoid any pollution of the atmosphere or waste caused by or originating in, on, or about Tenant's facilities. 16.2.2. Maintain a reasonable noise level on the Premises so that persons in the general neighborhood will be able to comfortably enjoy the other facilities and amenities in the area 16.2.3. Prevent the light fixtures of the Premises from emitting light that could negatively affect the operation of cars, boats, or airplanes in the area. 16.2.4. Prevent all pollutants from Tenant's operations on the Premises from being discharged, including petroleum products of any nature, except as may be permitted in accordance with any applicable permits or as permitted by applicable Law. Tenant and all of Tenant's agents, employees and contractors shall conduct operations under this Lease so as to ensure that pollutants do not enter the municipal storm drain system (including but not limited to curbs and gutters that are part of the street systems), or directly impact receiving waters (including but not limited to rivers, creeks, streams, estuaries, lakes, harbors, bays and the ocean), except as may be permitted by any applicable permits or as permitted by applicable law. City Council 16 — 205 12/7/l 139 9138-126780\1512539.3 EXHIBIT 5 16.2.5. The Lessor may enter the Premises in accordance with Section 4.5 and/or review Tenant records at all reasonable times to assure that activities conducted on the Premises comply with the requirements of this Section. 16.3 On -Site Manager. Tenant shall employ a competent manager who shall be responsible for the day-to-day operation and level of maintenance, cleanliness, and general order for the Premises. Such person shall be vested with the authority of Tenant with respect to the supervision over the operation and maintenance of the Premises, including the authority to enforce compliance by Tenant's agents, employees, concessionaires, or licensees with the terms and conditions of this Lease and any and all rules and regulations adopted hereunder. Tenant shall notify Lessor in writing of the name of the Manager currently so employed as provided in Section 19.20 of this Lease. 16.4 Policies and Procedures to be Established by Tenant. Prior to the completion of construction, Tenant shall submit to Lessor proposed policies and procedures pertinent to the operation of the multifamily affordable residential rental development and manner of providing the uses required by this Lease (`Policies and Procedures"). ARTICLE XVII LEASEHOLD MORTGAGES 17.1 Definitions. The following definitions are used in this Article (and in other Sections of this Lease): 17.1.1. "Leasehold Estate" shall mean Tenant's leasehold estate in and to the Premises, including Tenant's rights, title and interest in and to the Premises and the Improvements, or any applicable portion thereof or interest therein. 17.1.2. "Leasehold Foreclosure Transferee" shall mean any person (which may, but need not be, a Leasehold Mortgagee) which acquires the Leasehold Estate pursuant to a foreclosure, assignment in lieu of foreclosure or other enforcement of remedies under or in connection with a Leasehold Mortgage. 17.1.3. "Leasehold Mortgage" shall mean and includes a mortgage, deed of trust, security deed, conditional deed, deed to secure debt or any other security instrument (including any assignment of leases and rents, security agreement and financing statements) held by a Lender by which Tenant's Leasehold Estate is mortgaged to secure a debt or other obligation, including a purchase money obligation. 17.1.4. "Leasehold Mortgagee" shall mean a Lender which is the holder of a Leasehold Mortgage. 17.1.5. "Tenant" shall mean all of the following: (i) the Tenant under this Lease; (ii) an approved assignee, transferee or subtenant of the Tenant under this Lease who is or becomes directly and primarily liable to Lessor; and (iii) any further assignee, transferee or subtenant of any of the parties listed in (ii) who is or becomes directly and primarily liable to Lessor. 17.2 Tenant's Right to Encumber Leasehold Estate; No Right to Encumber Lessor's Fee Interest. Provided that an Event of Default has not occurred and is continuing, Tenant may, at City Council 16 — 206 12/7/l 140 9138-126780\1512539.3 EXHIBIT 5 any time during the Term of this Lease (with consent of Lessor after prior written notice providing evidence that all requirements of this Lease have been complied with, which consent shall not be unreasonably withheld, conditioned or delayed), encumber all or any portion of Tenant's Leasehold Estate with one (1) or more Leasehold Mortgages; provided, however: 17.2.1. Such Leasehold Mortgage(s) (as of the date recorded) shall not exceed (a) if recorded before completion of the Initial Improvements, One Hundred Percent (100%) of the costs of the Initial Improvements, or (b) if recorded after completion of the Initial Improvements, eighty percent (80%) of the Leasehold Estate value (including the value of all improvements) after completion; 17.2.2. That Tenant shall not have the power to encumber, and no Leasehold Mortgage shall encumber, Lessor's Fee Interest; 17.2.3. Except as expressly provided in this Lease, the Leasehold Mortgage and all rights acquired under it shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interests of Lessor hereunder; and 17.2.4. Nothing in this Lease shall be construed so as to require or result in a subordination in whole or in part in any way of the Lessor's Fee Interest to any Leasehold Mortgage; 17.2.5. Except as otherwise expressly provided herein, in the event of any conflict between the provisions of this Lease and the provisions of any such Leasehold Mortgage, the provisions of this Lease shall control; and 17.2.6. Lessor's prior consent shall not be required with respect to any Leasehold Mortgage that constitutes a "Senior Loan" (as defined in the Agency Loan Agreement). Tenant's encumbrance of its Leasehold Estate with a Leasehold Mortgage, as provided in this Section 17.2, shall not constitute an assignment or other Transfer under Article X or otherwise, nor shall any Leasehold Mortgagee, as such, be deemed to be an assignee or transferee of this Lease or of the Leasehold Estate so as to require such Leasehold Mortgagee, as such, to assume the Tenant's obligations and liabilities under this Lease. Notwithstanding the foregoing, if any Leasehold Mortgagee (or its nominee) acquires title to the Premises by foreclosure or deed in lieu thereof, such transfer shall be deemed an Excluded Transfer for purposes of this Lease. 17.3 Notification to Lessor of Leasehold Mortgage. Tenant or any Leasehold Mortgagee shall, prior to making any Leasehold Mortgage, provide Lessor with written notice of such Leasehold Mortgage and the name and address of the Leasehold Mortgagee. At the time of notice, Tenant or such Leasehold Mortgagee shall furnish to Lessor a complete copy of any trust deed and note to be secured thereby, together with the name and address of the holder thereof. Thereafter, Tenant or any Leasehold Mortgagee shall notify Lessor of any change in the identity or address of such Leasehold Mortgagee. Lessor shall be entitled to rely upon the addresses provided pursuant to this Section for purposes of giving any notices required by this Article XVII. 17.4 Notice and Cure Rights of Leasehold Mortgagees With Respect to Tenant Defaults. Lessor, upon delivery to Tenant of any notice of a default or demand for payment by City Council 16 — 207 12/7/l 141 9138-126780\1512539.3 EXHIBIT 5 Tenant under this Lease or a matter as to which Lessor may predicate or claim a default, will promptly deliver a copy of such notice to each Leasehold Mortgagee. Each notice or demand required to be given by Lessor to a Leasehold Mortgagee under this Lease shall be in writing and shall be given by certified or registered mail, postage prepaid, return receipt requested, to such Leasehold Mortgagee at the address(es) provided by such Leasehold Mortgagee, as applicable, to Lessor from time to time in writing and shall be effective upon receipt (or refusal to accept receipt). No notice or demand given by Lessor to Tenant shall be effective until the duplicate copy of such notice or demand to the Tenant shall have been effectively given to each Leasehold Mortgagee in accordance with this Lease. From and after the date such notice has been given to any Leasehold Mortgagee, such Leasehold Mortgagee shall have the same cure period for such default (or act or omission which is the subject matter of such notice) that is provided to Tenant under this Lease or as otherwise agreed upon by Agency and the Tenant, to commence and/or complete a cure of such default (or act or omission which is the subject matter of such notice). Lessor shall accept any and all performance by or on behalf of any Leasehold Mortgagee(s), including by any receiver obtained by any Leasehold Mortgagee(s), as if the same had been done by Tenant. Tenant authorizes each Leasehold Mortgagee to take any such action at such Leasehold Mortgagee's option, and hereby authorizes any Leasehold Mortgagee (or any receiver or agent) to enter upon the Premises for such purpose. 17.5 Limitation on Lessor's Termination Right. If following the delivery of notice pursuant to Section 17.4, above, the default by Tenant continues and is not cured by Tenant (or any Leasehold Mortgagee as allowed under Section 17.4, above), and such failure entitles Agency to terminate this Lease, Lessor shall have no right to terminate this Lease unless Lessor shall notify in writing each and every Leasehold Mortgagee who has complied with Section 17.3 of Lessor's intent to so terminate at least sixty (60) days in advance of the proposed effective date of such termination. If any Leasehold Mortgagee, within such sixty (60) day period, (1) notifies Lessor of such Leasehold Mortgagee's desire to cure such default and initiates such cure and (ii) pays or cause to be paid the amount that is necessary to cure any monetary default as stated in such notice, if any, then Section 17.6 shall apply. The Lessor, at its sole discretion, may permit such additional time as necessary for any Leasehold Mortgagee to commence the cure or make payment(s), as stated herein. If any Leasehold Mortgagee fails to respond to said notice of termination within the allotted sixty (60) days as consistent with the conditions of this Section 17.5, Lessor are entitled to immediately terminate this Lease. 17.6 Leasehold Mortgagee Foreclosure Period. If any Leasehold Mortgagee complies with Section 17.5 above, then the following provisions shall apply: 17.6.1. If Lessor's notice under Section 17.5 specifies only monetary Events of Default as the basis for Lessor's election to terminate this Lease, and Leasehold Mortgagee has fully paid the monetary amount designated by Lessor in its notice, then such payment shall be deemed to have cured the Event of Default. If Lessor's notice under Section 17.5 specifies both monetary and non -monetary Events of Default or non -monetary Events of Default as the basis for Lessor's election to terminate this Lease, and Leasehold Mortgagee has fully paid the monetary amount designated by Lessor in its notice, as applicable, then the date of termination specified in Lessor's notice shall be extended for a period of twelve (12) months, provided that such Leasehold Mortgagee shall, during such twelve (12) month period: (a) pay or cause to be paid all Rent under this Lease as the same becomes due (subject to the notice and cure rights expressly set forth herein); and City Council 16 — 208 12/7/l 142 9138-126780\1512539.3 EXHIBIT 5 (b) continue (subject to any stay as described in Section 17.6.2 below) its good faith efforts to perform (and complete performance of) all of Tenant's nonmonetary obligations under this Lease, excepting nonmonetary obligations (whether or not a default exists with respect thereto) that are not then reasonably susceptible of being cured by Leasehold Mortgagee; and (c) commence and pursue with reasonable diligence until completion (subject to any stay as described in Section 17.6.2 below) a judicial or nonjudicial foreclosure or other enforcement of remedies under its Leasehold Mortgage. 17.6.2. In the event of a judicial or non judicial foreclosure, the twelve (12) month period described in Section 17.6.1, above, shall automatically be extended by the length of any delay caused by any stay (including any automatic stay arising from any bankruptcy or insolvency proceeding involving Tenant), injunction or other order arising under applicable Laws or issued by any court (which term as used herein includes any other governmental or quasi -governmental authority having such power) (the foregoing being collectively referred to as a "Stay"). Further, Leasehold Mortgagee's obligations stated in Section 17.6.1(b) and (c) shall be automatically suspended during any period that any Stay prevents Leasehold Mortgagee from taking any such actions. Nothing herein, however, shall be construed to extend this Lease beyond the Term hereof nor to require a Leasehold Mortgagee to continue such foreclosure proceedings after the Event of Default has been cured. If the Event of Default has been cured and the Leasehold Mortgagee shall discontinue such foreclosure proceedings, this Lease shall continue in full force and effect as if Tenant had not defaulted under this Lease. 17.6.3. In the event the Leasehold Mortgage requires a new lease between the Lessor and the Leasehold Mortgagee, Lessor shall enter into such new lease with the Leasehold Mortgagee pursuant to Section 17.7, below, provided Lessor are provided with the necessary and adequate documents related to the new lease requirements in the Leasehold Mortgage as described in Section 17.7. 17.6.4. So long as any Leasehold Mortgagee is complying with Sections 17.6.1 and 17.6.2 above, then upon the acquisition of Tenant's Leasehold Estate by a Leasehold Foreclosure Transferee, this Lease shall continue in full force and effect as if Tenant had not defaulted under this Lease; provided that no Leasehold Foreclosure Transferee shall have any liability for the performance of any of the Tenant's obligations under this Lease until the Leasehold Foreclosure Transferee has acquired the Tenant's interest under the Lease, and then the Leasehold Foreclosure Transferee shall be liable for the performance of only those obligations of the Tenant arising from and after the effective date of the Leasehold Foreclosure Transferee's acquisition of the Tenant's Leasehold Estate. Any such Leasehold Foreclosure Transferee shall be deemed to be an assignee or transferee and shall be deemed to have agreed to perform all of the terms, covenants and conditions on the part of the Tenant to be performed hereunder from and after the effective date on which such Leasehold Foreclosure Transferee acquires title to the Leasehold Estate, but only for so long as such purchaser or assignee is the owner of the leasehold estate. 17.6.5. Any Leasehold Mortgagee (or its designee) that becomes a Leasehold Foreclosure Transferee, upon acquiring title to Tenant's Leasehold Estate without obtaining Lessor's consent and provided it is not in default of any of the provisions of this Lease, shall have a one-time right to assign the Leasehold Estate to an assignee (a) which is an Affiliate of the Leasehold Foreclosure Transferee, or (b) which has substantial experience, or will employ a property City Council 16 — 209 12/7/l 143 9138-126780\1512539.3 EXHIBIT 5 management company with substantial experience, managing, maintaining and operating affordable housing developments like that on the Premises. Upon such assignment, the Leasehold Foreclosure Transferee shall automatically be released of all obligations thereafter accruing under this Lease, provided that, substantially concurrently with such assignment, the assignee delivers to Lessor a written agreement assuming Tenant's obligations under the Lease thereafter accruing. Any subsequent Transfers occurring after the one-time assignment permitted under this Section shall be subject to Article X. 17.7 Leasehold Mortgagee's Right to New Lease. 17.7.1. In the event of any termination of this Lease (including any termination because of an Event of Default, or because of any rejection or disaffirmance of this Lease pursuant to bankruptcy law or any other law affecting creditor's rights, but other than by reason of a Total Taking), Lessor shall give prompt written notice of such termination to each Leasehold Mortgagee and shall (subject to Section 17.8 below if more than one Leasehold Mortgagee then exists) enter into a new lease ("New Lease") of the Premises with the Leasehold Mortgagee holding the Leasehold Mortgage that has the most senior lien priority, in accordance with Section 17.8 below, or its designee, upon notice to Lessor by such Leasehold Mortgagee. The New Lease shall commence as of its effective date and shall continue for the remainder of the scheduled Term of this Lease, at the same Rent that is payable under this Lease, and on the same terms, conditions, covenants, restrictions and reservations that are contained in this Lease (including any extension options, purchase options and rights of first refusal, if any, provided for in this Lease), and subject to the rights of any tenants under residential subleases or other subtenants then in valid occupancy of the Premises and Improvements and further subject to any then existing senior Leasehold Mortgagees; provided that, substantially concurrently with the delivery of a notice by Leasehold Mortgagee requiring Lessor to enter into a New Lease, Leasehold Mortgagee shall pay to Lessor all Rent or any other amounts payable by Tenant hereunder which are then due and shall commence and proceed with diligence to cure all nonmonetary defaults under this Lease, other than those nonmonetary defaults which are personal to the foreclosed tenant and impossible for the Leasehold Mortgagee to remedy. 17.7.2. If such Leasehold Mortgagee elects to enter into a New Lease pursuant to Section 17.7.1 above, then Agency and the Leasehold Mortgagee (or its designee) shall promptly prepare and enter into a written New Lease; but until such written New Lease is mutually executed and delivered, this Lease shall govern, from and after the giving of notice pursuant to Section 17.7.1 but prior to the execution of the New Lease, the Lessor's and Leasehold Mortgagee's relationship with respect to the Premises and the Improvements and the Leasehold Mortgagee shall (1) be entitled to possession of the Premises and to exercise all rights of Tenant hereunder, (ii) pay to Lessor any Rent accruing under the New Lease as it becomes owing, and (iii) perform or cause to be performed all of the other covenants and agreements under this Lease. Further, at such time as the written New Lease is mutually executed and delivered, Leasehold Mortgagee (or its designee) shall pay to Lessor its reasonable expenses, including reasonable attorneys' fees and costs, incurred in connection with the preparation, execution and delivery of such written New Lease. In addition, upon execution of any such New Lease, Lessor shall execute, acknowledge and deliver to such Leasehold Mortgagee (or its designee) a grant deed, in recordable form, conveying to such Leasehold Mortgagee (or its designee) fee title to all Improvements in the event that title to such Improvements have vested with the Lessor. 17.7.3. In the event that Lessor receives any net income (i.e., gross income less gross expenses on a cash basis), if any, from the Premises and Improvements during any period that Lessor City Council 16 — 210 12/7/l 144 9138-126780\1512539.3 EXHIBIT 5 may control the same, then the Leasehold Mortgagee under the New Lease shall be entitled to such net income received by Lessor except to the extent that it was applied to cure any default of Tenant. 17.7.4. All rights and claims of Tenant under this Lease shall be subject and subordinate to all right and claims of the tenant under the New Lease. 17.8 Multiple Leasehold Mortgages. If more than one Leasehold Mortgagee shall make a written request upon Lessor for a New Lease in accordance with the provisions of Section 17.7, then such New Lease shall be entered into pursuant to the request of the Leasehold Mortgagee holding the Leasehold Mortgage that has the most senior lien priority. Notwithstanding anything herein to the contrary, Lessor shall have no duty or obligation to resolve any disputes or conflicting demands between Leasehold Mortgagees. In the event of any conflicting demands made upon Agency by multiple Leasehold Mortgagees, Lessor may (subject to any applicable court orders to the contrary) rely on the direction of the Leasehold Mortgagee whose Leasehold Mortgage is recorded first in time in the Official Records of the County, as determined by any national title company. 17.9 Condemnation and Insurance Proceeds. Notwithstanding anything to the contrary contained herein, all condemnation proceeds (other than proceeds payable on account of the value of the Lessor's Fee Interest as encumbered by this Lease) or insurance proceeds shall be subject to and paid in accordance with the requirements of the most senior (in order of lien priority) Leasehold Mortgage, subject, however, to any requirement in this Lease that, to the extent not in conflict with the terms of the applicable Leasehold Mortgage, such proceeds must be used to repair and restore the Improvements to the Premises which were damaged or destroyed by such condemnation or casualty (including, without limitation, as required in Article VII following a casualty and in Section 9.4.3 following a condemnation). The handling and disbursement of any such proceeds used to repair or restore the Improvements to the Premises shall be subject to the requirements of such senior Leasehold Mortgage. 17.10 Mortgagee Clauses. A standard mortgagee clause naming each Leasehold Mortgagee may be added to any and all insurance policies required to be carried by Tenant hereunder, provided that any such Leasehold Mortgagee shall hold and apply such insurance proceeds subject to the provisions of this Lease. 17.11 No Waiver. No payment made to Lessor by a Leasehold Mortgagee shall constitute agreement that such payment was, in fact, due under the terms of this Lease; and a Leasehold Mortgagee having made any payment to Lessor pursuant to Agency's wrongful, improper or mistaken notice or demand shall be entitled to the return of any such payment or portion thereof. 17.12 Fees and Costs. Tenant agrees to reimburse Lessor for its reasonable attorneys' fees and costs incurred in connection with Lessor's review and/or approval of any documentation which may be required in connection with any Leasehold Mortgage by Tenant as provided herein. 17.13 No Termination, Cancellation, Surrender or Modification. Without the prior written consent of each Leasehold Mortgagee, (a) this Lease may not be terminated or cancelled by mutual agreement of Agency and Tenant, (b) Lessor may not accept the surrender this Lease or the Leasehold Estate created hereunder without the consent of each Leasehold Mortgagee, and (c) this Lease may not be amended, modified or supplemented (and any action taken in furtherance of any of City Council 16 — 211 12/7/l 145 9138-126780\1512539.3 EXHIBIT 5 the foregoing without the required consent of each Leasehold Mortgagee shall be void and of no effect). In addition, if any term or provision of this Lease gives Tenant the right to terminate or cancel this Lease, in whole or in part, no such termination or cancellation shall be or become effective unless Tenant has first received approval in writing by each Leasehold Mortgagee. 17.14 Effect of Foreclosure upon Base Rent. Notwithstanding anything to the contrary contained elsewhere in this Lease, (1) in no event shall any Leasehold Mortgagee (or its designee) be required to pay or cure, in order to prevent the termination of this Lease, to exercise its cure rights hereunder or to obtain a New Lease or otherwise, any Base Rent, and (ii) in no event shall any Leasehold Mortgagee (or its designee) or its (or their) successors and assigns be required to pay or cure any Base Rent which otherwise became due and payable prior to completion of any foreclosure under any Leasehold Mortgage (or acceptance of any assignment or deed in lieu thereof). ARTICLE XVIII BEST MANAGEMENT PRACTICES 18.1 Tenant and all of Tenant's, subtenant, agents, employees and contractors shall conduct operations under this Lease so as to assure that pollutants do not enter municipal storm drain systems, in violation of applicable Laws, which systems are comprised of, but are not limited to curbs and gutters that are part of the street systems ("Stormwater Drainage System"), and to ensure that pollutants do not directly impact "Receiving Waters" (as used herein, Receiving Waters include, but are not limited to, rivers, creeks, streams, estuaries, lakes, harbors, bays and oceans). 18.2 The Santa Ana and San Diego Regional Water Quality Control Boards have issued National Pollutant Discharge Elimination System ("NPDES") permits ("Stormwater Permits") to the County of Orange, and to the Orange County Flood Control District ("District") and cities within Orange County, as co-permittees (hereinafter collectively referred to as "NPDES Parties") which regulate the discharge of urban runoff from areas within the County of Orange, including the Premises leased under this Lease. The NPDES Parties have enacted water quality ordinances that prohibit conditions and activities that may result in polluted runoff being discharged into the Stormwater Drainage System. 18.3 To assure compliance with the Stormwater Permits and water quality ordinances, the NPDES Parties have developed a Drainage Area Management Plan ("DAMP") which includes a Local Implementation Plan ("LIP") for each jurisdiction that contains Best Management Practices (`BMPs") that parties using properties within Orange County must adhere to. As used herein, a BMP is defined as a technique, measure, or structural control that is used for a given set of conditions to manage the quantity and improve the quality of stormwater runoff in a cost effective manner. These BMPs are found within the District and/or County's LIP in the form of Model Maintenance Procedures and BMP Fact Sheets (the Model Maintenance Procedures and BMP Fact Sheets contained in the DAMP/LIP shall be referred to hereinafter collectively as "BMP Fact Sheets") and contain pollution prevention and source control techniques to eliminate non-stormwater discharges and minimize the impact of pollutants on stormwater runoff. 18.4 BMP Fact Sheets that apply to uses authorized under this Lease include the BMP Fact Sheets that are attached hereto as Exhibit C. These BMP Fact Sheets may be modified during the term of the Lease as required to comply with Laws; and the Lessor shall provide Tenant with any City Council 16 — 212 12/7/l 146 9138-126780\1512539.3 EXHIBIT 5 such modified BMP Fact Sheets. Tenant, its agents, contractors, representatives and employees and all persons authorized by Tenant to conduct activities on the Premises shall, throughout the term of this Lease, comply with the BMP Fact Sheets as they exist now or are modified to comply with Laws, and shall comply with all other requirements of the Stormwater Permits, as they exist at the time this Lease commences or as the Stormwater Permits may be modified. Tenant agrees to maintain current copies of the BMP Fact Sheets on the Premises throughout the term of this Lease. The BMPs applicable to uses authorized under this Lease must be performed as described within all applicable BMP Fact Sheets. 18.5 Tenant may propose alternative BMPs that meet or exceed the pollution prevention performance of the BMP Fact Sheets. Any such alternative BMPs shall be submitted to the Lessor for review and approval prior to implementation. 18.6 Lessor may enter the Premises and/or review Tenant's records at any reasonable time during normal business hours to ensure that activities conducted on the Premises comply with the requirements of this Section. Tenant may be required to implement a self -evaluation program to demonstrate compliance with the requirements of this Section. ARTICLE XIX GENERAL CONDITIONS & MISCELLANEOUS PROVISIONS 19.1 Signs. Tenant agrees not to construct, maintain, or allow any signs, banners, flags, etc., upon the Premises except (a) as approved in writing in advance by Lessor, which approval may be withheld in the sole and absolute discretion of the Lessor, or (b) required by any of Tenant's lenders, provided that any such signage is in compliance with all applicable Laws. Tenant further agrees not to construct, maintain, or allow billboards or outdoor advertising signs upon the Premises. Unapproved signs, banners, flags, etc., may be removed by Lessor without prior notice to Tenant. 19.2 Nondiscrimination. Tenant agrees not to discriminate against any person or class of persons by reason of sex, age (except as permitted by law), race, color, creed, physical handicap, or national origin in employment practices and in the activities conducted pursuant to this Lease. 19.3 Taxes and Assessments. Pursuant to California Revenue and Taxation Code Section 107.6, Tenant is specifically informed that this Lease may create a possessory interest which is subject to the payment of taxes levied on such interest. It is understood and agreed that all taxes and assessments (including but not limited to said possessory interest tax) which become due and payable upon the Premises or upon fixtures, equipment, or other property installed or constructed thereon, shall be the full responsibility of Tenant, and Tenant shall cause said taxes and assessments to be paid promptly. 19.4 Quitclaim of Interest upon Termination. Upon termination of this Lease for any reason whatsoever in accordance with the terms of the Lease, Tenant shall execute, acknowledge, and deliver to Lessor, within five (5) business days of a request from Lessor, a good and sufficient deed, in a form as approved by the Lessor, whereby all right, title, and interest of Tenant in the Premises is quitclaimed back to Lessor ("Quitclaim Deed"). The Quitclaim Deed shall then be recorded by Lessor to remove any cloud on title created by this Lease. 19.5 Public Records. Tenant acknowledges that any written information submitted to and/or obtained by Lessor from Tenant or any other person or entity having to do with or related to City Council 16 — 213 12/7/l 147 9138-126780\1512539.3 EXHIBIT 5 this Lease and/or the Premises, either pursuant to this Lease or otherwise, is a "public record" open to inspection and copying by the public pursuant to the California Public Records Act (Government Code §6250, et seq.) ("CPRA") as now in force or hereafter amended, or any Law in substitution thereof, or otherwise made available to the public, unless such information is exempt from disclosure pursuant to the applicable sections of CPRA or other law. In the event that a CPRA request is made for any financial statements and records (not including Gross Receipts Statements) and the Lessor determines that the records must be turned over, the Lessor will give Tenant fifteen (15) days' written notice prior to turning over such records so that Tenant can take any necessary action, including, but not limited to, injunctive relief, to prevent Lessor from turning over such financial statements and records. 19.6 Attorney's Fees. In any action or proceeding brought to enforce or interpret any provision of this Lease, or where any provision hereof is validly asserted as a defense, each Parry shall bear its own attorneys' fees and costs. 19.7 Payment Card Compliance. Should Tenant conduct credit/debit card transactions in conjunction with Tenant's business with the Agency, on behalf of the Agency, or as part of the business that Tenant conducts on the Premises, Tenant covenants and warrants that it will during the course of such activities be Payment Card Industry Data Security Standard ("PCUDSS") and Payment Application Data Security Standard ("PA/DSS") compliant and will remain compliant during the entire duration of its conduct of such activities. Tenant agrees to immediately notify Lessor in the event Tenant should ever become non -compliant at a time when compliance is required hereunder, and will take all necessary steps to return to compliance and shall be compliant within ten (10) days of the commencement of any such interruption. Upon demand by Lessor, Tenant shall provide to Lessor written certification of Tenant's PCUDSS and/or PA/DSS compliance. 19.8 Right to Work and Minimum Wage Laws. 19.8.1. In accordance with the United States Immigration Reform and Control Act of 1986, Tenant shall require its employees that directly or indirectly service the Premises, pursuant to the terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. Tenant shall also require and verify that its contractors or any other persons servicing the Premises, pursuant to the terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. 19.8.2. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, Tenant shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. Tenant shall require and verify that all its contractors or other persons servicing the Premises on behalf of the Tenant also pay their employees no less than the greater of the Federal or California Minimum Wage. 19.8.3. Tenant shall comply and verify that its general contractor complies with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease. 19.9 Declaration of Knowledge by Tenant. Tenant warrants that Tenant has carefully examined this Lease and by investigation of the site and of all matters relating to the Lease City Council 16 — 214 12/7/l 148 9138-126780\1512539.3 EXHIBIT 5 arrangements has fully informed itself as to all existing conditions and limitations affecting the construction of the Lease improvements and business practices required in the operation and management of the uses contemplated hereunder. 19.10 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of California and the City. 19.11 Venue. The Parties hereto agree that this Lease has been negotiated and executed in the State of California and shall be governed by and construed under the laws of California. In the event of any legal action to enforce or interpret this Lease, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that an action be transferred for trial to another . 19.12 Headings and Titles. The captions of the Articles or Sections of this Lease are only to assist the Parties in reading this Lease and shall have no effect upon the construction or interpretation of any part hereof. 19.13 Interpretation. Whenever required by the context of this Lease, the singular shall include the plural and the plural shall include the singular. The masculine, feminine and neuter genders shall each include the other. In any provision relating to the conduct, acts or omissions of Tenant, the term "Tenant" shall include Tenant's agents, employees, contractors, invitees, successors or others using the Premises with Tenant's expressed or implied permission. In any provision relating to the conduct, acts or omissions of Agency, the term "Agency" shall include Agency's agents, employees, contractors, invitees, successors or others using the Premises with Agency's expressed or implied permission. 19.14 Ambiguities. Each Party hereto has reviewed this Lease with legal counsel, and has revised (or requested revisions of) this Lease based on the advice of counsel, and therefore any rules of construction requiring that ambiguities are to be resolved against a particular Party shall not be applicable in the construction and interpretation of this Lease or any exhibits hereto. 19.15 Successors and Assigns. Except as otherwise specifically provided in this Lease, all of the covenants, conditions and provisions of this Lease shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, personal representatives, successors and assigns. 19.16 Time is of the Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. 19.17 Severability. If any term or provision of this Lease is held invalid or unenforceable to any extent under any applicable law by a court of competent jurisdiction, the remainder of this Lease shall not be affected thereby, and each remaining term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19.18 Integration. This Lease, along with any exhibits, attachments or other documents affixed hereto or referred to herein and related Agency permits, constitute the entire agreement between Agency and Tenant relative to the leasing of the Premises. This Lease and such exhibits, City Council 16 — 215 12/7/l 149 9138-126780\1512539.3 EXHIBIT 5 attachments and other documents may be amended or revoked only by an instrument in writing signed by Agency and Tenant. Agency and Tenant hereby agree that no prior agreement, understanding or representation pertaining to any matter covered or mentioned in this Lease shall be effective for any purpose. 19.19 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, or electronic mail, shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the address of the person to receive such notice, (b) if mailed, three (3) business days after the date of posting by the United States post office, (c) if given by electronic mail, when sent if before 5:00 p.m., otherwise on the next business day, or (d) if delivered by overnight delivery, one (1) business day after mailing. Any notice, request, demand, direction or other communication sent by electronic mail must be confirmed within by letter mailed or delivered within two business days in accordance with the foregoing. Either Party may change the address for notices by giving the other Parry at least ten (10) calendar days' prior written notice of the new address. If to Lessor: Housing Authority of the City of Santa Ana 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attn: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Tenant: c/o Shelter Providers of Orange County, Inc. 1130 N. Citrus St. Orange, CA 92867 Attention: Executive Director 19.20 Amendments. This Lease is the sole and only agreement between the Parties regarding the subject matter hereof, other agreements, either oral or written, are void. Any changes to this Lease shall be in writing and shall be properly executed by all Parties. 19.21 Dispositions of Abandoned Property. If Tenant abandons or quits the Premises or is dispossessed thereof by process of law or otherwise, title to any personal property belonging to and left on the Premises thirty (30) days after such event shall, at Agency's option, be deemed to have been transferred to Agency. Agency shall have the right to remove and to dispose of such property at Tenant's cost, including the cost of labor, materials, equipment and an administrative fee equal to fifteen percent (15%) of the sum of such costs without liability therefor to Tenant or to any person claiming under Tenant, and shall have no need to account therefor. At Lessor's option, Lessor may provide Tenant with an invoice for such costs, which invoice Tenant agrees to pay within fifteen (15) days of receipt. City Council 16 — 216 12/7/l 150 9138-126780\1512539.3 EXHIBIT 5 19.22 Brokers. If Tenant has engaged a broker in this transaction pursuant to a separate agreement, Tenant shall be solely responsible for the payment of any broker commission or similar fee payable pursuant to such separate agreement. Tenant each hereby agree to indemnify and hold the Lessor harmless from and against all costs, expenses or liabilities (including attorney fees and court costs, whether or not taxable and whether or not any action is prosecuted to judgment) incurred by the Agency in connection with any claim or demand by a person or entity for any broker's, finder's or other commission or fee from the Agency in connection with the Tenant's entry into this Lease and the transactions contemplated hereby based upon any alleged statement or representation or agreement of the Tenant. No broker, finder or other agent of any Party hereto shall be a third -party beneficiary of this Lease 19.23 No Partnership. This Lease shall not be construed to constitute any form of partnership or joint venture between Agency and Tenant. Agency and Tenant mutually acknowledge that no business or financial relationship exists between them other than as Agency and Tenant, and that Agency is not responsible in any way for the debts of Tenant or any other Party. 19.24 Authorization. Agency and Tenant (each, a "signing party") each represents and warrants to the other that the person or persons signing this Lease on behalf of the signing party has full authority to do so and that this Lease binds the signing party. Concurrently with the execution of this Lease, the Tenant shall deliver to the Lessor a certified copy of a resolution of the signing party's board of directors or other governing board authorizing the execution of this Lease by the signing party. 19.25 Recording. This Lease itself shall not be recorded, but in the event that the Tenant encumbers the leasehold as set forth in Article XVII, a memorandum hereof may be recorded in the form of Exhibit D attached hereto (the "Memorandum"). The Memorandum may be executed concurrently with this Lease and thereafter recorded in the Official Records of the Recorder on the Effective Date of this Lease has occurred. Tenant shall be responsible for the payment of all charges imposed in connection with the recordation of the Memorandum, including, without limitation, any documentary transfer tax imposed in connection with this transaction and all recording fees and charges. 19.26 Exhibits. This Lease contains the following exhibits, schedules and addenda, each of which is attached to this Lease and incorporated herein in its entirety by this reference: Exhibit A: Legal Description of the Premises Exhibit B: Initial Improvements Exhibit C: Best Management Practices Fact Sheets Exhibit D: Form of Memorandum of Lease 19.27 Consent/Duty to Act Reasonably. Except as otherwise expressly provided herein, whenever this Lease grants Agency and/or Tenant the right to take any action, grant any approval or consent, or exercise any discretion, Agency and/or Tenant shall act reasonably and in good faith and take no action which might result in the frustration of the other Parry's reasonable expectations concerning the benefits to be enjoyed under this Lease. 19.28 Counterparts. For the convenience of the Parties to this Lease, this Lease may be executed in several original counterparts, each of which shall together constitute but one and the City Council 16 — 217 12/7/l 151 9138-126780\1512539.3 EXHIBIT 5 same agreement. Original executed pages may be assembled together into one fully executed document. 19.29 No Merger. The interests created by this Lease shall not be extinguished by merger of any or all of the ownership interests the Premises or the Improvements in one person or entity. 19.30 Cooperation of Agency. Agency hereby agrees that (a) Agency staff shall be responsible for administering the operation of the Project to insure it is being used in conformance with this Lease, and (b) Agency staff shall serve as administrator of the Lease with the Tenant and coordinate with the Tenant and third parties as reasonably necessary. Agency hereby agrees to work cooperatively and expeditiously to provide written consent (or written refusal to provide consent) to Tenant and the Leasehold Mortgagees. [Signatures On Following Pages] City Council 16 — 218 12/7/l 152 9138-126780\1512539.3 EXHIBIT 5 IN WITNESS WHEREOF, the Parties have executed this Lease on the date first written above. APPROVED AS TO FORM: SONIA CARAVALHO AUTHORITY GENERAL COUNSEL I By: Ryan O. I!J6d91, Assistant City Attorney Date APPROVED AS TO FORM: COUNSEL By: Deputy Date TENANT SHELTER PROVIDERS OF ORANGE COUNTY, INC. DBA HOMEAID ORANGE COUNTY, INC. By: Gina R. Scott, Executive Director LESSOR HOUSING AUTHORITY OF THE CITY OF SANTA ANA ACTING AS THE HOUSING SUCCESSOR AGENCY a public body, corporate and politic By: Steven A. Mendoza, Executive Director Date City Council 16 — 219 12/7/l 153 9138-126780\1512539.3 EXHIBIT 5 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 398-303-04) THE SOUTHWESTERLY 50.00 FEET OF LOTS 13, 14, 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 398-303-05) THE NORTHEASTERLY 50.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF LOTS 13, 14, 15 AND 16 1 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: (APN: 398-303-06) THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL I N BLOCK 66 OF "SANTA ANA EAST", Cl TY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALI FORNI A, AS PER MAP THEREOF RECORDED I N BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. PARCEL 4: (APN: 398-303-07) THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. City Council 16 — 220 12/7/2021 EXHIBIT 5 EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 398-303-04) THE SOUTHWESTERLY 50.00 FEET OF LOTS 13, 14, 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 398-303-05) THE NORTHEASTERLY 50.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF LOTS 13, 14, 15 AND 16 1 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: (APN: 398-303-06) THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL I N BLOCK 66 OF "SANTA ANA EAST", Cl TY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALI FORNI A, AS PER MAP THEREOF RECORDED I N BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. PARCEL 4: (APN: 398-303-07) THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. City Council 16 — 221 12/7/2021 EXHIBIT 5 EXHIBIT B INITIAL IMPROVEMENTS The proposed Project includes the development of one residential building with 17 units surrounding an interior courtyard. The Project includes 17 one -bedroom units with one unit being reserved as the Manager's Unit. Approximately 2,000 square feet of interior space will be used for offices for supportive services, a lobby, and community areas. The Project will be 100% Permanent Supportive Housing. Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; Seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the Area Median Income; and one (1) of the units is reserved for an on -site manager. The unit mix and rent restrictions are as follows, provided, however, the rent and income restrictions applicable to the Project shall be set forth in and subject to the terms of the Loan Agreement: Bedroom 30% 25% Manager's Total Units Size AMI (PSH) AMI (PSH) Unit One -Bedroom 9 7 1 17 TOTAL 9 7 1 17 City Council 16 — 222 12/7/l 155 9138-126780\1512539.3 EXHIBIT 5 EXHIBIT C Best Management Practices (`BMPs" Fact Sheets) Best Management Practices can be found at: http://www.ocwatersheds.com/documents/bmp which website may change from time to time. BMPs apply to the TENANT's defined Premises and BMPs also apply to the TENANT's Contractor therefore TENANT shall cause Contractor to be responsible for implementing and complying with all BMP Fact Sheet requirements that apply to construction activity with respect to the Improvements, and also including, without limiting the generality of the foregoing, site preparation, landscaping, installation of utilities, street construction or improvement and grading or filling in or on the Premises. TENANT is to be aware that the BMP clause within this Lease, along with all related BMP Exhibits, may be revised, and may incorporate more than what is initially being presented in this Lease. Suggested BMPs Fact Sheets may include, but may not be limited to, the following list shown below and can be found at: http://www.ocwatersheds.com/documents/bmp/industrialcommercialbusinessesactivities (which website may change from time to time): IC3 Building Maintenance IC4 Carpet Cleaning IC6 Contaminated or Erodible Surface Areas IC7 Landscape Maintenance IC9 Outdoor Drainage from Indoor Areas ICIO Outdoor Loading/Unloading of Materials IC12 Outdoor Storage of Raw Materials, Products, and Containers IC14 Painting, Finishing, and Coatings of Vehicles, Boats, Buildings, and Equipment IC15 Parking & Storage Area Maintenance IC17 Spill Prevention and Cleanup IC21 Waste Handling and Disposal IC22 Eating and Drinking Establishments IC23 Fire Sprinkler Testing/Maintenance IC24 Wastewater Disposal Guidelines City Council 16 — 223 12/7/l 156 9138-126780\1512539.3 EXHIBIT 5 EXHIBIT D FORM OF MEMORANDUM OF LEASE MEMORANDUM OF LEASE This is a Memorandum of Lease ("Memorandum") made and entered into as of this day of , 20 , by and between the Housing Authority of the City of Santa Ana, a public body, corporate and politic (the "Lessor") and ("Tenant"), residing at upon the following terms: 1. Lease. The provisions set forth in a written lease between the parties hereto dated ("Lease"), are hereby incorporated by reference into this Memorandum. 2. Subject Premises. The Premises which are the subject of the Lease are more particularly described as on Exhibit A, attached hereto 3. Effective Date of Lease. The Lease shall be deemed to have commenced on (the "Effective Date") as set forth within the terms of the Lease. 4. Term. The Term of the Lease shall be Ninety-nine (99) years from the Effective Date as stated in the written Lease. 5. Duplicate Copies of the originals of the Lease are in the possession of the Lessor and Tenant and reference should be made thereto for a more detailed description thereof and for resolution of any questions pertaining thereto. The addresses for Lessor and Tenant are as follows: If to Lessor: Housing Authority of the City of Santa Ana 20 Civic Center Plaza (M-26) P.O. BOX 1988 Santa Ana, California 92702 Attn: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Tenant: c/o Shelter Providers of Orange County, Inc. 1130 N. Citrus St. Orange, CA 92867 Attention: Executive Director 6. Purpose. It is expressly understood and agreed by all Parties that the sole purpose of this Memorandum is to give record notice of the Lease; it being distinctly understood and agreed that said Lease constitutes the entire lease and agreement between Lessor and Tenant with respect to the City Council 16 — 224 12/7/l 157 9138-126780\1512539.3 EXHIBIT 5 Premises and is hereby incorporated by reference. The Lease contains and sets forth additional rights, terms, conditions, duties, and obligations not enumerated within this instrument which govern the Lease. This Memorandum is for informational purposes only and nothing contained herein may be deemed in any way to modify or vary any of the terms or conditions of the Lease. In the event of any inconsistency between the terms of the Lease and this instrument, the terms of the Lease shall control. The rights and obligations set forth herein shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors, and assigns. City Council 16 — 225 12/7/l 158 9138-126780\1512539.3 EXHIBIT 5 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum pursuant to due authorization on the dates herein acknowledged. By: _ Name: Title: AGENCY By: Name: _ Title: TENANT: By: Name: Title: Name: Title: City Council 16 — 226 12/7/l 159 9138-126780\1512539.3 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT This DENSITY BONUS HOUSING AGREEMENT ("Agreement"), made and entered into this day of , 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County ("Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RFCTTAT.0 A. The Housing Authority of the City of Santa Ana, a public body, corporate and politic ("Housing Authority") is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 801, 807, 809 and 809 1/2 East Santa Ana Boulevard, Santa Ana, California, 92701, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. The Housing Authority desires to enter into an agreement for a long-term ground lease of the Property with Developer and the Developer desires to lease and develop the Property with the Project as defined herein, subject to approval of a long-term ground lease and associated documentation. C. Developer is proposing to develop an affordable rental residential community consisting of seventeen (17) units with sixteen (16) units of permanent supportive housing for homeless individuals, 1,120 square feet of group space, and a 389 square foot community room on the Property, as more particularly set forth in Density Bonus Application No. 2020-02 ("Proj ect"). D. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who guarantee that a portion of their residential development will be available to low income, very -low income, or senior (also known Ci� Council 16 — 227 12/7/2021 1 9138-126 0\1517029.2 as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very -low income, low income and senior households throughout the city. E. The Project is proposing a total number of seventeen (17) residential units, including sixteen (16) units for extremely -low income households and one manager's unit. Accordingly, the Developer is able to obtain an onsite parking standards incentive, concessions and waivers pursuant to the California Government Code because the Project will include onsite affordable units. Specifically, pursuant to California Government Code section 65915(p)(1), the Developer is seeking an incentive to provide onsite parking at the ratio of 0.71 spaces per unit and waivers and concessions for permitted building type, lot width and depth, tandem parking, open space, landscape standards and density bonus pursuant to California Government Code section 65915(d)(1) and (e)(1). F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be the "housing development" as defined in the State Density Bonus Law. G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code section 65915(p), the City has determined to grant Developer's application for density bonus and related onsite parking standards incentive, three concessions and waivers. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the density bonus incentive set forth herein. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement. The Affordable Rent shall be adjusted to reflect a reasonable utilities Ci� Council 16 — 228 12/7/2021 2 9138-126 0\1517029.2 allowance for utilities paid by the household using the Santa Ana Housing Authority Multi - Family Housing Utility Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Extremely -Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the California Department of Housing and Community Development ("HCD"), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" means sixteen (16) units, which shall be comprised of sixteen (16) one -bedroom units for Extremely -Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 "Base Units" means the ten (10) Units that Developer would be authorized to develop on the Property without application of the State Density Bonus Law. 1.1.7 "City" means the City of Santa Ana, California 1.1.8 "City Council" means the City Council of the City of Santa Ana. 1.1.9 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.10 "City Manager" means the City Manager for the City of Santa Ana. 1.1.11 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.12 "Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.13 "Density Bonus Units" means the seven (7) Units in addition to the Base Units that Developer shall develop or cause to be developed pursuant to the terms and conditions of this Agreement, of which Developer would not be entitled to develop without providing the Affordable Units. 1.1.14 "Developer" means Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County and its permitted successors and assigns to all or any part of the Property, Project or this Agreement. Ci� Council 16 — 229 12/7/2021 3 9138-126 0\1517029.2 1.1.15 "Effective Date" means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to section 4.1 herein. 1.1.16 "Eligible Household" means a Household whose income does not exceed the qualifying limit for an "Extremely -Low Income Tenant" as defined herein. 1.1.17 "Extremely -Low Income Tenant" means persons and families whose income does not exceed thirty (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. 1.1.18 "Household" means all persons residing in a Unit. 1.1.19 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, as periodically published by HCD. 1.1.20 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees; (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to tenant; and, (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.21 "Project" means that certain affordable residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.24 "Unit" means a residential dwelling unit within the Project to be constructed or caused to be constructed by Developer pursuant to this Agreement. 1.1.25 "Unrestricted Units" means the Units within the Project to be constructed or caused to be constructed by Developer to a Household without restriction. 1.1.26 "Very -Low Income Tenant" means persons and families whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD. Ci� Council 16 — 230 12/7/2021 4 9138-126 0\1517029.2 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A —Legal Description of the Property 1.2.2 Exhibit B — Tenant Verification 1.2.3 Exhibit C — Annual Tenant Recertification 1.2.4 Exhibit D — Annual Rental Housing Compliance Report 1.2.5 Exhibit E — Notice of Affordability Restrictions on Transfer of Property 2. DEVELOPMENT OF THE PROPERTY 2.1 Proj ect. Developer shall develop, operate, and maintain, or cause the development, operation and maintenance of, the Property as a seventeen (17) Unit rental residential community, with sixteen (16) Affordable Units for Extremely Low Income Tenants. 2.2 Density Bonus. The Project shall have seventeen (17) Units, including sixteen (16) Affordable Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is utilizing a seventy percent (70%) density bonus increase provided by the State Density Bonus Law (10 Base Units x 70% = 7 State Density Bonus Units) for a total of 17 units. Although Developer has a right to construct up to eight (8) State Density Bonus Units on the Property, Developer has elected to construct or develop, or otherwise claim a right to construct or develop, no more than seven (7) State Density Bonus Units on the Property. 2.3 Development Concessions, Incentives, and Waivers. As set forth in the City entitlements, Developer petitioned for and is hereby granted the following concessions, incentives, and waivers as part of the approval of Density Bonus 2020-02 for the Project: 2.3.1 The onsite parking standards for the Project shall be reduced from 2.25 parking spaces per unit to 0.71 spaces per unit pursuant to California Government Code sections 65915(p)(3)(a), which allows onsite parking at the ratio of 0.71 stall for one -bedroom units for a total of twelve (12) onsite parking spaces for the Project, due to the affordability levels provided at the Project and the unobstructed access of the Project to a major transit stop within one-half mile. 2.3.2 Certain development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that the stacked dwelling building type shall be a permitted building type for the project. 2.3.3 Certain development standards for this Project shall be waived in accordance with Government Code Section 65915(e)(1), such that no trees shall be required Ci� Council 16 — 231 12/7/2021 5 9138-126 0\1517029.2 along Garfield Street and less than one tree per 25 lineal feet shall be required along Santa Ana Boulevard. 2.3.4 The lot width and lot depth requirements for this Project shall be reduced in accordance with Government Code Section 65915 (d)(1), such that the minimum required lot depth shall be 150 feet and the minimum required lot width shall be 100 feet. 2.3.5 The tandem parking requirements for this Project shall be allowed to exceed the maximum allowable in accordance with Government Code Section 65915 (d)(1), such that 83-percent of the parking spaces provided (10 of 12), shall be tandem parking spaces. 2.3.6 The common open space requirements for this Project shall reduce in accordance with Government Code Section 65915 (d)(1), such that common open space shall be provided as an 1,877-square-foot interior courtyard, or 12-percent of the lot size. 2.4 No Further Concessions, Incentives, or Waivers. Developer acknowledges and agrees that the concessions, incentives, and waivers set forth in section 2.3 above fully satisfies any duty City may have under the City Density Bonus for Affordable Housing, the Density Bonus Law, or any other law or regulation to provide any density bonus incentive or to waive any building, zoning, or other requirement in connection with a density bonus. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to the City Density Bonus for Affordable Housing and the Density Bonus Law applicable to the Project. 2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than one (1) Unrestricted Unit (i.e. — manager's unit) comprised of one (1) one -bedroom unit. Developer may alter the unit distribution of the Unrestricted Unit in Developer's discretion, provided that the Project has the minimum number of Affordable Units and the minimum distribution thereof as specific in this Agreement. 2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than sixteen (16) Units, which shall be comprised of sixteen (16) one -bedroom units designated as Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(6). 2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.8 Permits and Processing Compliance with Laws. Developer, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for development of the Project by City or any Ci� Council 16 — 232 12/7/2021 6 9138-126 0\1517029.2 other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary financing and property interests, Developer shall carry out and perform the development, operation, and maintenance of the Project or cause the performance of the development, operation, and maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City and Developer shall meet and confer to address amendments and revisions to this Agreement as necessary. 2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of a Building Permit, Developer shall develop and submit or cause the development and submittal to the Community Development Agency (the "CDA") a local sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA which if not granted or denied within five (5) Business Days, shall be deemed approved (with such approval not to be unreasonably withheld, conditioned or delayed) and be implemented for the construction of the project prior to issuance of Building Permit. 2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of Ci� Council 16 — 233 12/7/2021 7 9138-126 0\1517029.2 its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or caused by, at the direction of, or on behalf of Developer. 3. AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in which the Affordable Unit is located receives all required occupancy permits from the City. 3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Developer to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels of Affordability. 3.3.1 Extremely -Low Income Tenants. Developer covenants that no less than sixteen (16) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by Extremely -Low Income Tenants, at a rent that does not exceed thirty percent (30%) of thirty percent (30%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD, including, as applicable, an allowance for utilities. 4. OPERATION OF THE PROJECT BY DEVELOPER 4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee will not be charged to the Developer for developing on Housing Authority land. 4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure Ci� Council 16 — 234 12/7/2021 8 9138-126 0\1517029.2 compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement. 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 4.3 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms and conditions set forth in this Agreement. 4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable Unit shall not exceed the occupancy permitted pursuant to Health and Safety Code section 50052.5(h). 4.5 Use of the Property. All uses conducted on the Property by Developer, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as a rental supportive housing complex and none of the Affordable Units in the Project, nor shall the Property or any portion thereof, ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project. 4.6 Maintenance. Developer shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair, to the extent commercially reasonable. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. If at any time Developer fails to maintain the Project or the Property in accordance with this Agreement and such condition is not corrected within seven (7) days after written notice from City with respect to debris and waste material, or within thirty (30) days after written notice from City with respect to general maintenance, landscaping and building improvements, unless Developer has initiated corrections and City has agreed to a reasonable amount of time to complete corrections, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a Ci� Council 16 — 235 12/7/2021 9 9138-126 0\1517029.2 reasonable administrative charge, which amount shall be promptly paid by Developer to City upon demand. 4.6.1 Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency (the "PBA"), the CDA, the Public Works Agency (the "PWA"), and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer shall execute a maintenance agreement with the City of Santa Ana or Housing Authority, as applicable, prior to occupancy which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. If the anticipated Ground Lease between Developer and the Housing Authority includes terms that meet the maintenance requirements contained herein, then the Ground Lease shall be sufficient to meet the requirements of this section in place of a separate maintenance agreement. The maintenance agreement or Ground Lease, as applicable, shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirement and restrictions as applicable, the proper storage and disposal of trash and debris, and/or restrictions on certain uses; (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, except as set forth herein or unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; Ci� Council 16 — 236 12/7/2021 10 9138-126 0\1517029.2 (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and, (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certification of Occupancy. 4.7 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for the reasonable approval of City a "Management Plan" which sets forth in detail the property management duties, a tenant selection process in accordance with this Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide onsite property management services at the Property ("Property Manager"), and other matters relevant to the management of the Property. The Management Plan shall require Developer to adhere to a fair lease and grievance procedure. The management of the Property shall be in compliance with the Management Plan as approved by City. If City determines that the performance of the Property Manager is deficient based upon the standards set forth in the approved Management Plan and in this Agreement, City shall provide written notice to Developer of such deficiencies and Developer shall use its best efforts to correct such deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, or, if cure is not reasonably possible within 30 days, then unless actions to commence a cure are taken within 30 days and continued thereafter with diligence, City shall have the right to require Developer to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City Manager, which is not related to or affiliated with Developer, and which has not less than five (5) years experience in property management, including significant experience managing housing facilities of the size, quality and scope of the Project. 4.8 Rental Lease Agreement. Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, conditioned or delayed, of a rental lease agreement ("Lease Agreement"). All Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household's right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement. Ci� Council 16 — 237 12/7/2021 11 9138-126 0\1517029.2 4.8.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the following provisions: (a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, or to a judgment in favor of the Developer in a lawsuit brought in connection with the lease; (b) Treatment of Property. Agreement by tenant that the Developer may take, hold, or sell personal property of household members without notice to tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The Developer may dispose of this personal property in accordance with State law; (c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the Developer of the Developer's agent legally responsible for any action or failure to act, whether intentional or negligent; (d) Waiver of Notice. Agreement of the tenant that the Developer may institute a lawsuit without notice to the tenant; (e) Waiver of Legal Proceedings. Agreement by the tenant that the Developer may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties; (f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial by jury; (g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and (h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant wins in a court proceeding by the Developer against the tenant. The tenant, however, may be obligated to pay attorney's fees and costs if the tenant loses, if provided for under applicable law or court ruling. 4.9 Selection of Tenants. 4.9.1 Developer shall review the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Each Affordable Unit shall be leased to Eligible Households that are chronically homeless and document -ready individuals on the Coordinated Entry List. All residents will be referred from the County of Orange Coordinated Entry System. 4.9.2 Local preference for Santa Ana residents and workers in tenant selection for the Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference or cause for the preference in leasing the Affordable Units to households that live and/or work in the City of Santa Ana or who have an Ci� Council 16 — 238 12/7/2021 12 9138-126 0\1517029.2 active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.9.3 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) or cause for the tenant(s) to be required to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. Developer and City shall be entitled to rely on the Tenant Income Verification Form and supporting documentation provided by tenant(s) unless Developer or City has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. 4.10 Income Verification and Certification. Developer covenants to City that it will at all times abide by all specific compliance standards set forth in the regulatory agreements entered into between the Developer and all public funding sources including but not limited to No Place Like Home ("NPLH"), Housing and Urban Development -Veterans Affairs Supportive Housing ("HUD-VASH") and Special Needs Housing Program (SNHP"), as applicable. Developer will abide by all standards including but not limited to number of extremely -low and very -low and low-income affordable units by number of bedrooms, standards for qualifying household incomes and other qualifying criteria. Developer shall provide City with a certified copy of each of the recorded Regulatory Agreements applicable to the Project. The compliance standards set forth in said Regulatory Agreements are hereby incorporated by reference as fully set forth herein. In the event of a conflict between this Agreement and the Regulatory Agreements: (1) the more stringent requirement shall prevail if such interpretation eliminates the relevant conflict; or (2) Regulatory Agreements, or any of them, shall prevail. Developer shall be entitled to rely on the Tenant Income Verification Form and supporting documentation provided by tenant(s) unless Developer has knowledge of, or a reasonable basis for belief as to, the inaccuracy or falsehood of any of the supporting documentation. Developer shall make reasonable efforts to verify or cause to be verified that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.10.1 Gross Household Income. Gross household income means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. Ci� Council 16 — 239 12/7/2021 13 9138-126 0\1517029.2 The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. 4.10.2 Annual Recertification. Developer agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report ("Annual Compliance Report") shall be sent by Developer to the City in substantially the form attached hereto as Exhibit D for City's review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City. 4.11 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete or cause to be completed and submit to City a Certification of Continuing Program Compliance in the form provided by City. Developer agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Developer's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to sixteen (16) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Units available for such inspection or audit. Developer agrees to maintain or cause for the maintenance of each record of the Project for no less than five (5) years after creation of each such record. Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall commence to cure or cause the commencement to cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.12 Notice of Affordability Restrictions on Transfer of Property. In the event the Property Owner wishes to sell or transfer the Project, or the Developer wishes to assign the ground lease to the Property, during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, or record against the Property, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, or assignment of ground lease, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Developer to the transferee. 4.13 Onsite Supportive Services, Programs and Amenities. Throughout the Term of this Agreement, and to the extent such can be coordinated with and largely supplied by Ci� Council 16 — 240 12/7/2021 14 9138-126 0\1517029.2 philanthropic and other social welfare providers, Developer shall provide residents of the Project, or cause to be provided to residents of the Project, access to discounted or no -cost onsite supportive services, programming and amenities that promote independent living and economic mobility and include but are not limited to: health and wellness services, transportation services, social activities, and physical or recreational amenities. 4.14 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the project is eligible, the California Utility Allowance Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.15 Onsite Property Manager. The Project shall have 24-hour on -site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall be provided to the following City agencies on an ongoing basis: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.17 Crime Free Housing. Developer shall work with City staff to develop a crime free housing policy, procedure, and design plan (the "CFH Plan"). Developer shall submit and obtain approval from the PBA that the CFH Plan meets the requirements of this Subsection 4.17 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Property Management. 4.18 Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project in accordance with Subsections 2.3.1 and 2.3.5 and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate Ci� Council 16 — 241 12/7/2021 15 9138-126 0\1517029.2 measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Developer has submitted a Parking Management Plan (the "PMP") dated March 10, 2020, outlining appropriate measures to manage and mitigate the use of offsite parking spaces and/or right of way. Prior to issuance of the Certificate of Occupancy, Developer shall obtain approval from the PBA of the PMP, as such PMP may be revised consistent with requirements of this Subsection 4.18 and Agreement. The approved PMP shall be adhered to and be enforced by the Project at all times. Notwithstanding the foregoing, in no event may the PMP or the requirements of this Subsection supersede Subsections 2.3.1 or 2.3.5 or be interpreted in a manner requiring parking in excess of twelve (12) onsite parking spaces, ten (10) of which shall be tandem parking spaces. 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the building in which the Affordable Units are located. 7. DEFAULT AND TERMINATION: INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, conditioned or delayed and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City Ci� Council 16 — 242 12/7/2021 16 9138-126 0\1517029.2 and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the negligence or willful misconduct of Indemnitees. 7.4 Termination. Prior to the issuance of building permits for the Project, Developer has the right to terminate this Agreement by written notice to City if one or more of the following does not occur: (1) approval and execution of a ground lease between the Housing Authority and Developer (or an entity formed by Developer to lease the Property) in their reasonable discretion for the lease of the Property; or, (2) receipt by Developer of all financing required for the Project. 8. ASSIGNMENT: COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assignments. Except as authorized in this Section or Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, without City's prior written approval, which shall not be unreasonably withheld, conditioned or delayed ("Permitted Transfer"); provided, however, Developer shall have the right without City's prior written approval to transfer or assign the Property, Project and/or Developer's rights and obligations in this Agreement to any entity that is controlled by, or is under common control with, Developer, and Developer shall thereafter be released from any future obligations under this Agreement; and provided further, Developer also shall have the right without City's prior written approval to transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, to Mercy Housing or to any entity that is controlled by, or is under common control with, Mercy Housing and Developer shall thereafter be released from any transfer or assigned obligations under this Agreement. In connection with Permitted Transfer, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City in its reasonable discretion and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to compensate the City for approximate expenses incurred by Developer to City, as applicable, for the City's review of the request. Upon the delivery of the assignment and assumption agreement as provided for above for a Permitted Transfer, or in the event of a sale of the Property as provided for in Section 8.1.1, Developer shall be released from any future obligations under this Agreement. 8.1.2 Lease of Property. Developer agrees and declares that the Property and the Project shall be leased, rented, used, occupied, operated, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set Ci� Council 16 — 243 12/7/2021 17 9138-126 0\1517029.2 forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Developer and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Developer further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Developer and all subsequent lessees, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of fifty-five (55) consecutive years commencing upon the date of issuance of the last certificate of occupancy for the Project. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 8.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City or the Housing Authority is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City or the Housing Authority which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City or the Housing Authority and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's lease interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. Ci� Council 16 — 244 12/7/2021 18 9138-126 0\1517029.2 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the density bonus of the Project, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City, including but not limited to amendments to this Agreement for consistency with other Project agreements, funding sources or to assist Developer in obtaining other funding sources. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 9.3 Notices. 9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof (as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt) if transmitted by electronic transmission (email), provided that a copy of such notice is concurrently sent by first-class mail postage prepaid. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency Ci� Council 16 — 245 12/7/2021 19 9138-126 0\1517029.2 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Shelter Providers of Orange County, Inc. 1130 North Citrus Street Orange, CA 92867 Attention: Executive Director 9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Intentionally Omitted. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. Ci� Council 16 — 246 12/7/2021 20 9138-126 0\1517029.2 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, pandemics as declared by federal, state, or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. Ci� Council 16 — 247 12/7/2021 21 9138-126 0\1517029.2 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. Ci� Council 16 — 248 12/7/2021 22 9138-126 0\1517029.2 9.22 No Subordination, Mortgagee Protection, Covenants Do Not Impair Liens. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project or to cause the development, operation and maintenance of the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project. This Agreement shall not prevent or limit Developer, in Developer's reasonable discretion, from encumbering the Property or any portion thereof of or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property or Project and such action shall not constitute an assignment of this Agreement. No violation or breach of covenants, conditions, restrictions, provisions, or limitations contained in this Agreement shall defeat or render invalid or diminish or in any way impair the lien or charge of any mortgage or deed of trust or security instrument. 9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. {Signatures on followingpage} Ci� Council 16 — 249 12/7/2021 23 9138-126 0\1517029.2 1*0011:11111111D IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Daisy Gornez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Ry� O. godge Assi stan City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager SHELTER PROVIDERS OF ORANGE COUNTY, INC. —49 9138-126780\1504582,3 24 City Council 16-250 12/7/2021 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Ci� Council 16 — 251 12/7/2021 25 9138-126 0\1517029.2 LEGAL DESCRIPTIONS Property Address: 801 EAST SANTA ANA BOULEVARD, Santa Ana, CA 92701 in the County of Orange. Apparent Legal Description: For APN/Parcel ID(s): 398-303-04 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE SOUTHWESTERLY 50.00 FEET OF LOTS 13,14,15 AND 16 IN BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. Property Address: 807 EAST SANTA ANA BOULEVARD, Santa Ana, CA 92701 in the County of Orange. Apparent Legal Description: For APN/Parcel ID(s): 398-303-05 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE NORTHEASTERLY 50 FEET OF THE SOUTHWESTERLY 100 FEET OF LOTS 13,14, 15 AND 16, BLOCK 66 OF SANTA ANA, EAST AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY Property Address: 809 EAST SANTA ANA BOULEVARD, Santa Ana, CA 92701 in the County of Orange Apparent Legal Description: For APN/Parcel ID(s): 398-303-06 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL IN BLOCK 66 OF "SANTA ANA EAST", CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. Property Address: 809 1/2 EAST SANTA ANA BOULEVARD, Santa Ana, CA 92701 in the County of Orange. Apparent Legal Description: For APN/Parcel ID(s): 398-303-07 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE City Council 16 — 252 12/7/2021 EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 16 IN BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. City Council 16 — 253 12/7/2021 EXHIBIT B TENANT VERIFICATION Ci� Council 16 — 254 12/7/2021 26 9138-126 0\1517029.2 TENANT INCOME VERIFICATION FORM Head of Household (Print Name): Address: Telephone Number: Home: Work: Cell: Date of Birth: Social Security #: Household Composition List All Household Members Living in the Inclusionary Unit Dependent Name Sex Age (Y/N) Social Security # List additional household members on a separate sheet of paper. City Council 16 — 255 12/7/2021 TENANT INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income Other Adult Head of Household Household Members Total 1. Gross amount, before payroll deductions of wages, $ $ $ salaries, overtime pay, commissions, fees, tips and bonuses. 2. Net income from business. $ $ $ 3. Social security, annuities, insurance policies, $ $ $ pension/retirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's compensation and severance pay. 5. Public assistance, welfare payments $ $ $ 6. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ members of the Armed Forces 8. Other $ $ $ Subtotal: Monthly Earned Income $ Total Monthly Earned Income x 12 = $ Total Annual Household Gross Earned Income City Council 16 — 256 12/7/2021 TENANT INCOME VERIFICATION FORM Monthly Gross Income * List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Bank and Savings accounts $ $ $ 2. Dividends and other payments from stocks and $ $ $ bonds 3. Income from real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 = $ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. City Council 16 — 257 12/7/2021 TENANT INCOME VERIFICATION FORM Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of Household Other Adult Household Members Total Value of Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other (describe) $ $ $ Total Asset Value $ **Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets. City Council 16 — 258 12/7/2021 TENANT INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 10% $ The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $ Calculation of the Household's Total Annual Income Total Annual Household Gross Earned Income $ Total Investment Income to be Included in Annual Household Income $ Total Household Income 1 $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods Bank/Savings account verification Employment verification Self-employment verification Income tax return Unemployment verification Social security verification Alimony/child support verification Other (Describe) Welfare verification Disability income verification City Council 16 — 259 12/7/2021 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (1/we) warrant that all information set forth in this document is true, correct and complete and based upon information (1/we) deem reliable and based upon such investigation as (1/we) deemed necessary. (I/We) acknowledge that (1/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at Santa Ana, California. Signature Printed Name Executed at Signature Printed Name Date Santa Ana, California Date Executed at , Santa Ana, California City Council 16 — 260 12/7/2021 EXHIBIT C ANNUAL TENANT RECERTIFICATION Ci� Council 16 — 261 12/7/2021 27 9138-126 0\1517029.2 I:*:I:I1:1111 V% ANNUAL TENANT RECERTIFICATION �.: Date: Tenant Name: Unit Address: Dear CITY OF SANTAANA In accordance with the requirements imposed by the City of Santa Ana (City), and your lease, the City requires that we review your income and family composition every year. To complete our review, the Property Owner or Property Manager will set up a meeting with you to receive the necessary information. When you attend the meeting with the Property Owner or Property Manager you must bring documents that verify the income of all the adult members of your household. This information can include income tax returns, employment verification, wage statements, interest statements, and/or unemployment compensation statements. Cooperation with the recertification requirement is a condition of continuing tenancy in an Inclusionary Unit. You must report the required information to enable the Property Owner to process the recertification by Month/Day. Sincerely, Property Manager / Property Owner City Council 16 — 262 12/7/2021 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT Ci� Council 16 — 263 12/7/2021 28 9138-126 0\1517029.2 41 m 0 V1 i+ .E D N m L a O it U w 0 a w t C .N 411 C D 0 4j 0 F- Vl C D N E O U C 3 O J N +N+ C D N E O U C 3 J T m w N a E u t O Q' L N y w E C � m Z Q C E u o 3 +� U 'L o J N L O w °C 3 o y E J O c y N C O E 41 U O O :t 4, a — N 0 N 41 N .Q G1 3 41 � m �O U U ++ N Z 41 C w T N C +� m O a o 4, r C7 E 0 0 w m o w E w O � 7 O U C — 2 O t N y N V1 7 N O 2 o w w E � O Z 2 41 c D Tl- N O N ti N Tl- U C 0 O U Al EXHIBIT E NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY Ci� Council 16 — 265 12/7/2021 29 9138-126 0\1517029.2 EXHIBIT E NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY NOTICE IS HEREBY GIVEN that the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, has entered into a Density Bonus Agreement with Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County ("Developer"). The Density Bonus Agreement imposes income and affordability covenants on designated Affordable Units with the Project located at 801, 807, 809, 809 1/z East Santa Ana Boulevard, Santa Ana, Orange County, and further described in the legal description provided in Exhibit A to the Density Bonus Agreement. The Density Bonus Agreement was recorded as Document/Instrument Number , and shall remain in effect until , 20 (Insert date of the termination of the Affordability Period). The Density Bonus Agreement imposes the following income and affordability restrictions on the Affordable Units. Number of Bedrooms Extremely -Low Low Income Income Households Households Studio Units One -Bedroom Units 16 Two -Bedroom Units Three -Bedroom Units Four -Bedroom Units In the event the Property Owner wishes to sell or transfer the Project during the Affordability Period, or the Developer wishes to assign the ground lease to the Property and such assignment requires City approval, the City and the Developer shall execute and deposit into escrow, or record against the Property, this Notice of Affordability Covenants on Transfer of the Property. The sale or transfer of the Property, or assignment of ground lease, shall not be effective unless and until the City and transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Developer to the transferee, to the extent documentation or approval is required under section 8.1.1. This Notice of Affordability Covenants on Transfer of the Property in no way modifies the provisions of the Density Bonus Agreement. In the event of any conflict between this Notice of Affordability Covenants on Transfer of the Property and the Density Bonus Agreement, the terms of the Density Bonus Agreement shall prevail. IN WITNESS WHEREOF, the Parties hereto have duly executed this Notice of Affordability Restrictions on Transfer of Property as of the dates set forth below. [Signatures on Following Pages] City Council 16 — 266 12/7/2021 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY CITY: CITY OF SANTA ANA A California Charter City and Municipal Corporation in Name: Kristine Ri Its: Cily Manager Date: APPROVED AS TO LEGAL FORM: Ryan O. Hodge Assistant City Attorney City Council 16 — 267 12/7/2021 SIGNATURE PAGE TO NOTICE OF AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY DEVELOPER: M Name: Its: Date: City Council 16 — 268 12/7/2021 EXHIBIT 7 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Clerk APN: 398-303-04, 398-303-05, SPACE ABOVE THIS LINE FOR RECORDER'S USE 398-303-06, 398-303-07 EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT between THE CITY OF SANTA ANA a charter city and municipal corporation of the State of California and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County [Dated as of City Council 16 — 269 12/7/2021 1525165.2 FBIT 7 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Cleric APN: 398-303-04, 398-303-05, SPACE ABOVE THIS LINE FOR RECORDER'S USE 398-303-06, 398-303-07 EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 DEVELOPMENT IMPACT FEE DEFERRAL. AGREEMENT between THE CITY OF SANTA ANA a charter city and municipal corporation of the State of California and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County [Dated as of 15251.65.2 City Council 16 – 270 12/7/2021 EXHIBIT 7 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 1. PARTIES AND EFFECTIVE DATE. This Development Impact Fee Deferral Agreement ("Agreement") is entered into on this day of , 2021, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County ("Owner"). City and Owner are sometimes individually referred to herein as "Parry" and collectively as "Parties." 2. RECITALS. 2.1 Owner is the owner of a leasehold interest in that certain real property in the City of Santa Ana, California, which is owned by the Housing Authority of the City of Santa Ana, a public body, corporate and politic, and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference and as evidenced by that certain Memoranda of Lease between which was recorded in the Official Records of Orange County, California on , as Document No. ("Property"). Owner is the developer of the affordable rental residential community consisting of seventeen (17) units with sixteen (16) units of permanent supportive housing for chronically homeless individuals, 1,120 square feet of group space, and a 389 square foot community room at 801, 807, 809 and 809 1/2 East Santa Ana Boulevard, Santa Ana. Owner has received City approval and is in the process of obtaining the building permits; 2.2 Prior to issuance of any building permits, the City currently requires the payment of various development impact fees for all residential projects to help address the impacts of new development; 2.3 On , Owner submitted a written request formally requesting the deferral of specific development impact fees for the Property pursuant to California Government Code section 66007; and, 2.4 City and Owner desire to execute this Agreement to defer certain development impact fees applicable to the Property and place a lien on the Property to secure payment of these fees, pursuant to the terms and conditions set forth herein. 3. TERMS. 3.1 Deferral of Development Impact Fees. 3.1.1 Deferral of Development Impact Fees. City and Owner agree that the development impact fees ("Subject Fee(s)") and amount as shown on Exhibit "B," for the Property ordinarily due before issuance of a building permit for any new affordable residential units on the Property (including manager's units) will be deferred until immediately prior to the final inspection or issuance of a certificate of occupancy for any new residential units on the Property, whichever occurs first ("Deferral Period"). City and Owner acknowledge and agree City Council 16 — 271 12/7/2021 1525165.2 EXHIBIT 7 that the City Council may, in its sole and absolute discretion and during a regular, regular adjourned, or special meeting of the City Council, extend the deadline for payment of the Subject Fees without obtaining the approval of Owner or an amendment or modification of this Agreement. Any extension granted by the City Council pursuant to this Section 3.1.1 shall automatically be deemed to be part of the Deferral Period for purposes of this Agreement. 3.1.2 Payment of Subject Fees. Owner, or its successor in interest to the Property or any portion thereof, shall be liable for the payment of the Subject Fees pursuant to this Agreement. The Subject Fees for a residential building constructed on the Property shall be due and payable at the termination of the Deferral Period. No certificate of occupancy shall be issued for the building, any portion, or any residential units thereof on the Property unless and until all Subject Fees ordinarily required to have been paid absent this Agreement have been paid in full. 3.1.3 Subject Fee Amount. Except as may otherwise be provided for by a statutory development agreement for the Property, as approved by the City, the amount of the Subject Fee for each residential unit to be developed on the Property shall be determined according to the rate of the Subject Fee adopted by the City and in effect on the date when the building permit for the residential building is issued by the City. Upon issuance of each building permit, the City shall complete and attach the form set forth in Exhibit "B" to this Agreement to reflect the amount of the Subject Fee applicable at the time of issuance of that building permit and attach a copy of the building permit, which shall collectively thereafter be incorporated as part of this Agreement. 3.1.4 Obligation for Payment of Subject Fee. Owner hereby acknowledges and agrees that Owner's obligation to pay the Subject Fees shall continue and remain an obligation of Owner, or any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any Subject Fees that remain unpaid following the time that they are required to be paid may be collected by the City as a personal obligation of the Owner, or any successor of Owner, as a special assessment against the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. 3.2 Covenant of Owner. Owner covenants that he, she or it is eligible to enter into this Agreement and has fulfilled the requirements for approval of deferral of the Subject Fees. Should Owner and/or the Property be deemed at any time prior or subsequent to execution of this Agreement to be ineligible for a deferral of Subject Fees regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of Subject Fees, City may terminate this Agreement and require all Subject Fees ordinarily required to have been paid absent this Agreement to be immediately paid in full. 3.3 Recordation of Agreement. Upon the execution of this Agreement, the City shall cause this Agreement to be recorded in the Official Records of the County of Orange, California. All costs assessed by the County of Orange for recordation of this Agreement shall be paid by the Owner. City Council 16 — 272 12/7/2021 1525165.2 EXHIBIT 7 3.4 Lien against Property. From and after its execution, this Agreement shall contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall constitute a lien against the Property in an amount equal to the total Subject Fees, pursuant to Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject Fees for the Property, City shall, at the request of the Owner, execute and record in the Official Records of the County of Orange, California, a release of the lien from the Property in substantially the form of Exhibit "C" which is attached hereto and incorporated herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien to Owner. 3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the promises, covenants and conditions of this Agreement and all liens against the Property subject to this Agreement shall, as provided in Government Code section 66007, run with the Property and shall be binding upon a party upon having or acquiring any right, title or interest in or to the Property or any portion thereof. 3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify City in writing within three (3) business days of the sale or transfer of all or any portion of the Property by Owner. 3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this contractual obligation. 3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by City concerning any development on the Property, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner. This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non -discretionary approvals as may be necessary for the development, maintenance or operation of the development on the Property or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City's or any of its related agencies' power of eminent domain or its police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare. 3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time. City Council 16 — 273 12/7/2021 1525165.2 EXHIBIT 7 3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from and against all claims, demands, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral provided by the City to Owner, this Agreement, or both, including without limitation, all costs of collection, including actual attorneys' and expert witness fees. 3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of the City, which may be given, withheld or conditioned in the City's sole and absolute discretion. Any attempt to assign this Agreement without the City's prior written consent shall be null and avoid. This Agreement shall be binding on any and all permitted successors and assigns of Owner. 3.12 Governing Laws. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Courts of the State of California in the County of Orange, California, shall have exclusive jurisdiction of any litigation between the City and Owner arising out of this Agreement. Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City is a party to this Agreement, due to any diversity of citizenship between the City and Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, Owner expressly waives, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect. 3.13 Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows: To City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, CA 92702-1988 Attention: Housing. Manager With copy to: Office of City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To Owner: Shelter Providers of Orange County, Inc. 1130 North Citrus Street Orange, CA 92867 City Council 16 — 274 12/7/2021 1525165.2 EXHIBIT 7 Attention: Executive Director 3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or proceeding against the other, and if such action or proceeding is related to the interpretation or enforcement of this Agreement or in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled, its actual litigation costs and attorneys' and expert witness fees. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during, the defense of any appeal taken from such underlying judgment or other judicial order. 3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner as to the deferral of impact fees and supersedes all previous agreements, oral or written, on the subject matter of this Agreement. 3.16 Modification. This Agreement may be amended or modified only by an agreement in writing signed by each of the parties hereto. 3.17 Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision. 3.18 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist. 3.19 Time is of the Essence. Time is of the essence in this Agreement. 3.20 No Third Party Beneficiaries. This Agreement and the performance of the City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the City's or Owner's performance or nonperformance of their respective obligations under this Agreement. 3.21 Counterparts. This Agreement may be signed by the Parties in different counterparts and the signature pages combined shall create a single document binding on all parties. [Signatures on Following Page] City Council 16 — 275 12/7/2021 1525165.2 EXHIBIT 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM: SHELTER PROVIDERS OF ORANGE COUNTY, INC., a California nonprofit SONIA R. CARVALHO corporation City Attorney r .. By: By: r ,y ',"odge Ryan,0. Assistant City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGE] City Council 16 — 276 12/7/2021 1525165.2 EXHIBIT 7 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 On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. Signature (Seal) City Council 16 — 277 12/7/2021 1525165.2 EXHIBIT 7 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 On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. Signature (Seal) City Council 16 — 278 12/7/2021 1525165.2 EXHIBIT 7 RECOMMENDED FOR APPROVAL: PROPERTY OWNER: HOUSING AUTHORITY OF THE CITY OF SANTA ANA By: STEVEN A. MENDOZA Executive Director - CDA City Council 16 — 279 12/7/2021 1525165.2 EXHIBIT 7 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 On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. Signature (Seal) City Council 16 — 280 12/7/2021 1525165.2 EXHIBIT 7 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 On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. Signature (Seal) City Council 16 — 281 12/7/2021 1525165.2 EXHIBIT 7 EXHIBIT "A" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Legal Description of Property Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL 1: (APN: 398-303-04) THE SOUTHWESTERLY 50.00 FEET OF LOTS 13, 14, 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: (APN: 398-303-05) THE NORTHEASTERLY 50.00 FEET OF THE SOUTHWESTERLY 100.00 FEET OF LOTS 13, 14, 15 AND 16 1 N BLOCK 66 OF SANTA ANA EAST, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: (APN: 398-303-06) THE EASTERLY 47 FEET OF THE SOUTHERLY 15 FEET OF LOT 14 AND THE EASTERLY 47 FEET OF LOTS 15 AND 16, ALL I N BLOCK 66 OF "SANTA ANA EAST", Cl TY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALI FORNI A, AS PER MAP THEREOF RECORDED I N BOOK 10 PAGES 43 AND 44 OF MISCELLANEOUS MAPS RECORDS OF LOS ANGELES, CALIFORNIA. PARCEL 4: (APN: 398-303-07) THE EASTERLY 50 FEET OF LOT 13, THE NORTHERLY 10 FEET OF THE EASTERLY 50 FEET OF LOT 14, THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF THE SOUTHERLY 15 FEET OF LOT 14, AND THE WESTERLY 3 FEET OF THE EASTERLY 50 FEET OF LOTS 15 AND 161 N BLOCK 66 OF SANTA ANA EAST, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS MAPS, OF LOS ANGELES COUNTY. City Council 16 — 282 12/7/2021 1525165.2 EXHIBIT 7 EXHIBIT `B" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Subject Fees for Building Permit No. The following development impact fees imposed upon the Property or portion thereof by the city of Santa Ana upon issuance of City of Santa Ana Building Permit No. shall be deferred pursuant to the terms and conditions of this Agreement: (1) TSIA (Combined Non -Residential and Residential -Multifamily) in the amount of $51,000. (2) Fire Facilities in the amount of $81,600. (3) Park Acquisitions and Development in the amount of $377,400. Calculations of the final fee amounts to be determined at the time of issuance of certificate of occupancy. City Council 16 — 283 12/7/2021 1525165.2 EXHIBIT 7 Exhibit "C" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Form Release of Lien [Attached behind this cover page] City Council 16 — 284 12/7/2021 1525165.2 EXHIBIT 7 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attn: City Clerk APN: 398-303-04, 398-303-05, SPACE ABOVE THIS LINE FOR RECORDER'S USE 398-303-06, 398-303-07 EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 RELEASE OF LIEN FOR PAYMENT OF DEVELOPMENT IMPACT FEES The City of Santa Ana, a charter city and municipal corporation of the State of California, does hereby release that leasehold interest in certain real property, as further described in Exhibit I attached to this Release, from the lien for payment of certain development impact fees as created by the Development Impact Fee Deferral Agreement entered into on , by and between the City of Santa Ana and Shelter Providers of Orange County, Inc., a California nonprofit corporation doing business as HomeAid of Orange County, which was recorded on , as Document Serial No. in the Official Records of the County of Orange, California ("Agreement"). This release pertains only to the property described above and does not extend to any other property(ies). This release of lien is executed and recorded pursuant to the provisions of California Government Code section 66007. Dated: CITY OF SANTA ANA City Manager Attest: City Clerk City Council 16 — 285 12/7/2021 1525165.2 EXHIBIT 7 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 On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. Signature (Seal) City Council 16 — 286 12/7/2021 1525165.2 Police Department www.santa-ana.org/pd Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Amendment to the Agreement with Aramark Correctional Services, Inc. AGENDA TITLE: Approve an Amendment to the Agreement with Aramark Correctional Services, Inc. for Inmate Food Services (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the agreement with Aramark Correctional Services, Inc. to provide inmate meal services for the period of November 16, 2021 through June 30, 2023, including a 3.8% meal price adjustment, increasing the contract amount by $67,616.25 for the remainder of the three-year term, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 20, 2020, the City Council approved a three-year agreement with Aramark Correctional Services, Inc. after a competitive Request for Proposals (RFP) process to provide inmate food services at the Santa Ana Jail. Aramark Correctional Services, Inc. has been the provider of inmate food services since 1997 and continues to perform these services in a professional and competent manner. All meals are prepared based on the State of California Title 15 nutritional requirements along with all Orange County Health Department health and safety requirements. Through this agreement, Aramark also provides catering services for various City functions along with operating the inmate commissary program and Code-7 cafeteria. The Aramark agreement provides for annual adjustments to the per meal price based on the Consumer Price Index (CPI) in an amount not to exceed 5%. During this second year, the per meal price will increase 3.8% from $2.501 to $2.598 for average daily populations above 400. This pricing will apply to the remainder of the second year of the agreement, and the entire third year of the three-year agreement. Upon City Council approval, the increase will take effect on November 16, 2021. This increase will increase the not -to - exceed amount of the agreement by $26,006.25 for the balance of the second year, and by $41,610 for the third year of the agreement ($67,616.25 total). As a result, the total three-year agreement not -to -exceed amount will increase from $3,514,950 to $3,582,566. City Council 17 — 1 12/7/2021 Amendment to the Agreement with Aramark Correctional Services, Inc. December 7, 2021 Page 2 The Aramark agreement may be terminated without cause by either party upon 120 days' written notice. Aramark has been accommodating, professional and consistent in its provision of services, and staff recommends approval of the agreement amendment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this agreement are available and will be budgeted in future budget years as follows: Fiscal Year Accounting Unit- Account # Accounting Unit, Account Description Amount FY 2021-22 01114475 62300 Jail Operations - Contract Svcs $26,006.25 FY 2022-23 01114475 62300 Jail Operations - Contract Svcs $41,610.00 Total 1 $67,616.25 EXHIBIT(S) 1. Amendment to Aramark Agreement Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 17 — 2 12/7/2021 DocuSign Envelope ID: 29983AD2-D938-4340-8C98-C27E602C069F FIRST AMENDMENT TO AGREEMENT WITH ARAMARK FOR INMATE COMMISSARY AND FOOD SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on this 7' day of December, 2021, by and between ARAMARK Correctional Services, LLC, a Delaware Limited Liability Company ("ARAMARK"), 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"). RF.CTTAT,c A. The parties entered into an Agreement No. A-2020-204 dated October 20, 2020 ("Agreement"), by which ARAMARK agreed to provide inmate commissary and food services at the Santa Ana Detention Facility. The Agreement runs through June 30, 2023 and is current and in effect. B. The parties now seek to amend the Agreement to include additional funding to support the negotiated rates and allow continuation of food services at the Santa Ana Detention Facility pursuant to Consumer Price Index (CPI) increases allowed for under the Agreement. The Parties therefore agree: 1. Section 2, Compensation —A. Food Service —subsection i, is amended to increase the overall compensation by $67,616.25. The total not to exceed amount of the Agreement is $3,582,566. 2. Pursuant to Section 2, Compensation — A. Food Service — subsection iii, the parties agree to the following rate increases for the City: City of Santa Ana, California Effective November 16, 2021 until June 30, 2023 Sliding Scale price per meal* PRICE ADP 1 99 $6.1809 ADP 100 199 $5.1421 ADP 200 299 $4.1033 ADP 300 399 $2.7404 ADP 400 Above $2.5980 City Council 17 — 3 12/7/�0 e 1 oft DocuSign Envelope ID: 29983AD2-D938-4340-8C98-C27E602C069F 3. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City orney By:_ TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police CITY OF SANTA ANA KRISTINE RIDGE City Manager ARAMARK DocuSigned by: Do By: is ff -WO T § ro Title: vice President Finance 11/11/2021 City Council 17 — 4 12/7/�0212 age of 2 Community Development Agency www.santa-ana.org/cd Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $9,268,716.56 AGENDA TITLE: Approve a Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriate $9.2 Million in State Emergency Rental Assistance Program Funds Allocated from the State of California Department of Housing and Community Development and Adopt a Resolution to Enter into an Agreement with the State of California (Non -General Fund) RECOMMENDED ACTION 1. Approve a Second Amendment to the Emergency Rental Assistance Program spending plan, subject to adjustment by the City Manager as needed in response to shifting needs and priorities not to exceed the amount of funds available. 2. Direct the City Attorney to finalize and authorize the City Manager to enter into negotiations, execute agreements, and approve any other required actions necessary with various service providers, contractors, and sub -recipients, who will implement the Second Amendment to the Emergency Rental Assistance Program spending plan, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Adopt a Resolution authorizing the City to participate in the State of California Emergency Rental Assistance Program and authorizing the City Manager to enter into an Agreement with the State of California for the administration of $9,268,716.56 in new funding. 4. Approve a future appropriation adjustment recognizing an additional allocation of Emergency Rental Assistance Program funds from the State of California Department of Housing and Community Development in the amount of $9,268,716.56 in revenue account and appropriating same to expenditure account. (Requires five affirmative votes) City Council 18 — 1 12/7/2021 Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $9,268,716.56 December 7, 2021 Page 2 DISCUSSION On February 16, 2021, the City Council approved the Emergency Rental Assistance Program spending plan and appropriated $9.8 million of federal Emergency Rental Assistance (ERA) Program funds allocated to the City from the United States Department of Treasury (Exhibit 1). The source of the funds came from the Consolidated Appropriations Act of 2021 that was signed into law on December 27, 2020. These funds are referred to as ERA1 funds. On July 6, 2021, the City Council approved a First Amendment to the Emergency Rental Assistance Program spending plan and appropriated $14 million in additional federal ERA Program funds allocated to the City from the Department of Treasury (Exhibit 2). The source of these funds came from the American Rescue Plan Act of 2021 that was signed into law on March 11, 2021. These funds are referred to as ERA2 funds. These monies fund the rental assistance programs administered by the City. As a larger jurisdiction with over 200,000 in population, the City of Santa Ana is eligible to receive a block grant allocation directly from the State of California Department of Housing and Community Development (HCD), which is pass -through funding provided by the Department of Treasury, to provide additional City -administered emergency rental assistance for our residents. These funds are referred to as State ERA2 funds. Specifically, on December 27, 2020, the Consolidated Appropriations Act, 2021 was signed into law. Section 501 of Division N of the Act established the federal ERA Program and authorized the allocation of funds to states. On March 11, 2021, the American Rescue Plan Act of 2021 was signed into law. Section 3201 of Subtitle B of Title III of that Act added funding and expanded eligible uses to better address the need for rental assistance in impacted communities. The State of California bill SIB 91, which became law on January 29, 2021, established the State of California's program for administering and distributing emergency rental assistance funds (State ERA1 funds). AB 832, which became law on June 28, 2021, amended and added to that statutory scheme (State ERA2 funds). SIB 91 and AB 832 allow localities of appropriate size and capability to receive a block grant allocation from HCD for purposes of administering local emergency rental assistance programs. As a result, the City is eligible to receive $9,268,716.56 in additional State ERA2 funds through a block grant allocation. Second Amendment to the ERA Program Spending Plan This Second Amendment to the ERA Program spending plan approves three general actions: 1) it recognizes and appropriates $9.2 million in additional State ERA2 funds from the State of California; 2) it conforms to the statutory requirements of this new funding; and 3) it allows staff to continue to administer ERA funds as efficiently and effectively as possible for our residents. Specifically, staff recommends allocating $7,998,384.85 to our CARES for Tenants Program that we have been administering since the beginning of the COIVD-19 pandemic in May 2020. The remaining $1,270,331.71 (13.5% of the total grant) will be allocated for the administration of the CARES for Tenants Program through City Council 18 — 2 12/7/2021 Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $9,268,716.56 December 7, 2021 Page 3 eight nonprofit service providers and the Orange County United Way, pending negotiation of their agreements. The City has assisted everyone who is eligible for emergency rental assistance so far and currently has 215 applications in process (as of November 19, 2021). In total, the City has disbursed over $21.5 million in assistance to date, including Community Development Block Grant — Coronavirus funds (CDBG-CV), State of California Coronavirus Relief Funds (State CARES Act Funds), ERA1 and ERA2 funds. A map of all of the residents who have been assisted as of November 19, 2021, is attached as Exhibit 3. With the amount of ERA2 funding remaining, the City will be able to assist everyone who has an application in process. However, the City's eight nonprofit service providers have been conducting enhanced outreach and engagement to help households apply for emergency rental assistance and the City receives over 100 applications a week from new applicants seeking assistance. The City is actively meeting the need for emergency rental assistance in our community and the additional $9.2 million will assist more families who have not been served. The City is also receiving a substantial amount of fraudulent applications. Approximately 50% of applications received each week are fraudulent. Staff have been removing fraudulent applications each week and has also implemented the following measures to reduce fraud, among other actions- 1 ) The title report for large requests is being pulled to confirm the ownership of the rental unit. 2) Applicants are required to meet at least once in person with their assigned nonprofit service provider to verify their identity and lease agreement. 3) If a property owner fails to participate in the program, a tenant is eligible to receive payment directly. If the tenant becomes eligible to receive payment, the tenant is required to pick up their check in -person and show proof of identification. 4) Additional information is being requested to verify tenants' lease agreement (e.g. where a tenant reports that they are paying $3,500 per month for a one -bedroom and they are a low-income household.) With the $9.2 million in additional funds, the City will continue to pay off 100% of the rental arrears / past due rent for everyone who applies for assistance. The City will also continue to proactively implement a whatever -it -takes model to prevent evictions for tenants who owe past due rent. The City will continue to work with eight nonprofit service providers to obligate/approve the assistance for each family assigned by the City, and the Orange County United Way will continue to disburse funds for each family approved by the City's eight nonprofit service providers. Our CARES for Tenants Program must conform to the new statutory requirements of the State ERA2 funds. Staff is still in the process of revising the Program Guidelines, Frequently Asked Questions (FAQs) and Flyers for the CARES for Tenants Program to City Council 18 — 3 12/7/2021 Second Amendment to the Emergency Rental Assistance Program Spending Plan and Appropriation Adjustment of $9,268,716.56 December 7, 2021 Page 4 comply with the State's guidelines. These program documents are subject to review and approval by HCD. As soon as the program documents have been finalized and the Agreement has been executed with HCD, the City will issue a press release announcing any updates to the program to conform to the State ERA2 funds. This Second Amendment to the ERA Program spending plan will continue to assist as many families as possible who need assistance. This Second Amendment will also assist all of the families who have already applied for emergency rental relief and any new applications received by the City on an on -going basis. If the City Council decides not to accept this $9.2 million in additional funds, these State ERA2 funds will be reallocated outside the City and across the State of California to other residents who need emergency rental assistance. This Second Amendment and corresponding Resolution will authorize the City to participate in the State Emergency Rental Assistance Program and authorize the City Manager to enter into an Agreement with the State for the administration of $9,268,716.56 in new State ERA2 funding (Exhibit 4). FISCAL IMPACT Approval of the appropriation adjustment will recognize $9,268,716.56 in the Emergency Rental Assistance Program grant revenue account (no. 17718002-52009) for expenditure as follows: Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account Description Account Description FY 21-22 1771870X- Emergency State Emergency $9,268,716.56 (Dec -June) various Rental Rental Assistance Assistance Program 2, Various Program Total $9,268,716.56 The spending plan above is only an estimate and is subject to change. EXHIBIT(S) 1. Staff .....11Ze..rpp..!�:..._firpD].......Ee: „4 irg.gu 1 5, 2 2 1 2. Staff I1::::Ze Doirt from JWv 5, 2021 3. Map of ERA Program Assistance, As of November 19, 2021 4. Resolution Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 18 — 4 12/7/2021 EXHIBIT 3 City of Santa Ana Emergency Rental Assistance Program �� �1 ERAP Location (2,646 Total) 0 % % 1 Council 18 — 5 12/7/ Miles ROH: 12/07/21 RESOLUTION NO. 2021- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PARTICIPATION IN THE STATE RENTAL ASSISTANCE PROGRAM — ROUND 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On March 11, 2021, the American Rescue Plan Act of 2021 (Pub.L. No. 117-2) ("ARPA') was signed into law. Section 3201 of Subtitle B of Title III of ARPA established the federal Emergency Rental Assistance Program ("ERA2"), and authorized the direct allocation of funds to states, the District of Columbia, units of local government, territories, and high -need grantees. The ERA2 funds are intended to assist low-income households that have experienced financial hardship during or due to the COVID-19 pandemic, are unable to pay for rent and utilities, and are at risk of experiencing homelessness or housing instability. B. California Assembly Bill No. 832 (2021-2022 Reg. Sess.) ("AB 832") established the State of California's program for administering its share of ERA2 funds (the "State Rental Assistance Program — Round 2," "SRA2," or "SRA2 Funds"). AB 832 amended Sections 50897, 50897.1, 50897.2, 50897.3, and 50897.4 of, and added Sections 50897.2.1 and 50897.3.1 to, the Health and Safety Code. Health and Safety Code section 50897.1, subdivision (a)(1) authorizes the Department of Housing and Community Development (the "Department") to administer the SRA2 Funds in accordance with state and federal law. C. On May 13, 2021, the City of Santa Ana ("Locality") received an allocation of ERA2 funds from the U.S. Department of the Treasury ("Treasury") (such amount, and any and all additional tranches thereof, the Locality's "Direct Federal Allocation — 2"). D. Locality plans to administer its Direct Federal Allocation — 2, and acknowledges that the Direct Federal Allocation — 2 is subject to the requirements of ARPA and the Treasury's interpretive guidance, and to all such requirements as may be subsequently amended. E. Locality desires to receive an allocation of SRA2 Funds pursuant to Health and Safety Code section 50897.2.1, subdivision (a)(1) or (2) (this amount, and any and all additional tranches thereof, the Locality's "Block Grant City Council 18 — 6 Resolution Nt2/�622g21 Award — 2") F. Locality acknowledges that every Block Grant Award — 2 is subject to state and federal requirements, including, without limitation, the requirements of AB 832; the Department's State Rental Assistance Program Guidelines, dated September 27, 2021; the relevant requirements of ARPA; the Treasury's interpretive guidance; and all such requirements as may be subsequently amended (collectively, the "Round 2 Block Grant Award Requirements"). G. Locality further acknowledges that every Block Grant Award — 2 is subject to the terms and conditions of a Department -approved STD 213, Standard Agreement ("Standard Agreement"), all other documents required or deemed necessary or appropriate UNDER STATE OR FEDERAL LAW to allocate the Block Grant Award — 2, and all amendments thereto (collectively, the "Round 2 Block Grant Award Documents"). Section 2. Locality is hereby authorized and directed to accept a Block Grant Award — 2 in a total amount not to exceed $9,268,716.56. Section 3. Locality is hereby authorized and directed to enter into, execute, and deliver the Round 2 Block Grant Award Documents, which shall include a Standard Agreement in a total amount not to exceed $9,268,716.56. Section 4. Locality is hereby authorized and directed to assume responsibility for administering the Block Grant Award — 2 in accordance with all Round 2 Block Grant Award Requirements. Section 5. Kristine Ridge, City Manager, or her designee, is authorized to execute the Round 2 Block Grant Award Documents on behalf of the Locality for participation in the State Rental Assistance Program — Round 2. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ResRNR9602021- 18 — 7 12/7/2021 ADOPTED this 7t" day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney I; By: ,..�....:... Ryan O. F�loOe Assistant'City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 18 — 8 Resolution Nt2/�622g21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do Resolution No. 2021- to be the original the City of Santa Ana on December 7, 2021. Date: hereby attest to and certify the attached resolution adopted by the City Council of Clerk of the Council City of Santa Ana ResShtiRK60'2021- 18 — 9 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: 2021 Pavement Management Relief Funding (PMRF) Program AGENDA TITLE Adopt a Resolution Authorizing an Application Submission for Funding from the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) of 2021 Funding though PMRF for the Grand Avenue Rehabilitation from 1st Street to McFadden Avenue Project in the Amount Up To $972,882 RECOMMENDED ACTION Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit an application to the Orange County Transportation Authority (OCTA) and California Department of Transportation (Caltrans), California Transportation Commission (CTC) for MRF for the Grand Avenue Rehabilitation from 1st Street to McFadden Avenue project, in amount of up to $972,882. DISCUSSION The Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) appropriated $10 billion nationwide for Highway Infrastructure Programs. The California Transportation Commission (CTC) allocated $11.77 million in mid -cycle State Transportation Improvement Program (STIP) and $14.591 million in CTC CRRSAA regional funds. On September 27, 2021, of the $14.591 million, $3.66 million were funded for Transit Security and Operations Center and remaining $10.931 million were provided to local agencies for local streets and roads rehabilitation and maintenance projects through the 2021 PMRF Program. The CRRSAA funding is distributed through a formula based on population. The City of Santa Ana will receive up to $972,882 for street pavement preservation, preventive maintenance, rehabilitation, and reconstruction exclusively. Funding guidelines specify that before local agencies can receive their apportionment of PMRF fund, agencies are required to adopt a resolution with project list (Exhibit 1) and submit the adopted resolution with project list to the CTC thought OCTA and Caltrans by February 28, 2022. City Council 19 — 1 12/7/2021 2021 Pavement Management Relief Funding (PMRF) Program December 7, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. If this project is awarded funding, no funding match is required because this is a one-time funding program to provide funding assistance to the cities and the County of Orange for local streets and roads maintenance and rehabilitation projects. Staff will return to Council with a request for approval of further actions if funding is awarded. EXHIBIT(S) 1. Resolution Authorizing Application for the 2021 Pavement Management Relief Funding (PMRF) Program. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 12/7/2021 EXHIBIT 1 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM WHEREAS, the City of Santa Ana is being provided up to $972,882 in federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funding through the 2021 Pavement Management Relief Funding (PMRF) Program; and WHEREAS, the City is eligible to receive federal funding through the California Department of Transportation; and WHEREAS, the Orange County Transportation Authority (OCTA) is responsible for the distribution of the CRRSAA funding; and WHEREAS, OCTA has developed guidelines for administering and distributing CRRSAA funds to eligible local agencies through the 2021 PMRF Program; and WHEREAS, the City is the lead agency for project(s) and will comply with all applicable local, state, and federal provisions, including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council hereby authorizes the submittal of the following project nomination to OCTA for CRRSAA funding: Grand Avenue from 1st Street to McFadden Avenue project for roadway rehabilitation for up to $972,882 in CRRSAA funding Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2021. Resolution No. 2021-XXX City Council 19 — 3 12/tNTi of 2 Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Y,-, 9w -F,,� John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 19 — 4 12/792023 of 2 City Attorney Office www.santa-ana.org/ca Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Approve Second Amendment with Burke, Williams & Sorensen to Amend the Term and Compensation to Not Exceed $950,000 AGENDA TITLE: Approve a Second Amendment for Specialized Legal Services with Burke, Williams & Sorensen to Amend the Term to June 30, 2023 and Set Compensation in an Amount Not to Exceed $950,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Burke, Williams & Sorensen, LLP ("BWS") for litigation matters concerning the abatement of public nuisances, to amend the term of the agreement to terminate on June 30, 2023 and increase the compensation, in an amount not to exceed $950,000, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION BWS was engaged by the City Council on March 4, 2020 to represent the City in specialized nuisance cases including the City's lawsuit against the Orange County Association for Mental Health, doing business as Mental Health Association of Orange County ("MHA"), and BT Investment Properties, LLC. Sheppard Mullin, a large nationwide law firm, is representing MHA, pro bono. On March 12, 2020, MHA filed an answer to the City's complaint and a cross -complaint for declaratory and injunctive relief. On April 7, 2020, the City was served with a Motion to Intervene by Disability Rights California on behalf of three of their clients that allege they would be negatively affected if MHA were closed as a result of the City's lawsuit. These filings show the difficulty and complexity of the issues involved and the need for outside resources. On April 21, 2020, the City Council approved a First Amendment to the Agreement to increase the compensation for its agreement with BWS to $500,000. The law firm of Burke, Williams & Sorensen, LLP is a well -regarded, municipal law firm specializing in litigation and abatement of public nuisances. BWS was selected from a City Council 20-1 12/7/2021 Approve Second Amendment with Burke, Williams & Sorensen to Amend the Term and Compensation to not exceed $950,000 December 7, 2021 Page 2 pool of several firms based on its deep resources, expertise, and understanding of the pertinent legal and factual issues. BWS has more than 100 attorneys and 10 offices in California. The firm specializes in municipal law with a particular emphasis on litigation and abatement of public nuisances. The City Attorney's Office retained BWS based on the experience and skill of its counsel. Due to the complex, time -intensive, and rapidly evolving nature of the aforementioned litigation and the upcoming trial date of January 24, 2022, the second amendment amends the term from March 3, 2022 to June 30, 2023 and increases the compensation for a total of $950,000 (Exhibit 1). This amendment provides a realistic budget for outside counsel to vigorously prosecute the City's action at trial, retain the necessary experts, and take all steps necessary to protect the health and safety of the City's residents. The term extension encompasses the possibility of a trial continuance. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Specialized legal services during the term for this Agreement will be paid out of the General Non -Departmental fund contractual services (Account No. 01105015-62300). Future budget adjustments may be necessary to provide for future year costs (FY 22- 23). Fiscal Year Accounting Unit- Account # Accounting Unit, Account Description Amount FY 19-20 01105015-62300 Contractual Services -Professional $120,000 FY 20-21 01105015-62300 Contractual Services -Professional $280,000 FY 21-22 01105015-62300 Contractual Services -Professional $525,000 FY 22-23 01105015-62300 Contractual Services -Professional $25,000 EXHIBIT(S) 1. Second Amendment for Legal Services Agreement for Burke, Williams & Sorensen Submitted By: Sonia Carvalho, City Attorney Approved By: Kristine Ridge, City Manager City Council 20 — 2 12/7/2021 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT WITH BURKE WILLIAMS & SORENSEN, LLP THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December 7, 2021, by and between Burke Williams & Sorensen, LLP ("Attorneys"), 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"), collectively referred to as the "Parties". RECITALS A. The Parties entered into Agreement No. N-2020-065, dated March 4, 2020, by which Attorneys agreed to provide legal services to the City ("Agreement"). The original term of the Agreement was for a two-year term until March 3, 2022, with an option to extend the term of the Agreement for up to one (1) year. The Agreement is current and in effect. B. The Parties entered into a First Amendment A-2020-082 on April 21, 2020 to increase the compensation to $500,000. C. The Parties now wish to amend the Agreement to extend the term from March 3, 2022 until June 30, 2023, and to increase the amount of compensation from $500,000 to $950,000. The Parties therefore agree: 1. Section 6, TERM, shall be amended to extend the term of the Agreement from March 3, 2022 to June 30, 2023. 2. Section 2.b., COMPENSATION FOR SERVICES RENDERED, is amended to read as follows: The total sum to be expended under this Agreement shall not exceed $950,000, including any extension periods. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [CONTINUED ON NEXT PAGE] #1630*ouncil 20 — 3 12/7/2021 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the foregoing Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: _ /A� Sandra Schwarzmann Senior Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager BURKE WILLIAMS & SORENSEN LLP /9 For John Welsh Managing Partner #1630*ouncil 20 — 4 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Flower Street Sewer Main Improvements AGENDA TITLE Approve an Appropriation Adjustment and Award a Construction Contract to Colich & Sons L.P. in the Amount of $3,581,155.00 for the Flower Street Sewer Main Improvements Project with an Estimated Project Delivery Cost of $4,655,501.50 (Project No. 18-6616) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $1,685,502 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $1,685,502 in construction funds for the Flower Street Sewer Main Improvements Project (Project No. 18-6616). 3. Award a construction contract to Colich & Sons, the lowest responsible bidder, in accordance with the base bid in the amount of $3,581,155.00, for construction of the Flower Street Sewer Main Improvements, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,655,501.50, which includes $3,581,155.00 for the construction contract, $537,173.25 for contract administration, inspection and testing, and a $537,173.25 project contingency for unanticipated or unforeseen work. City Council 21 — 1 12/7/2021 Flower Street Sewer Main Improvements November 16, 2021 Page 2 DISCUSSION The work to be performed consists of removing existing 8-inch, 10-inch, and 12-inch VCP Sewer Main and replacing them with approximately 127 linear feet of 8-inch PVC,15 linear feet of 10-inch PVC, 692 linear feet of 12-inch PVC, and 2,361 linear feet of 15-inch PVC Sewer Main, as well as all appurtenant work, in accordance with the project plans as specified hereinafter, project specifications as specified hereinafter, and in accordance with the Standard Specifications for Public Works Construction (The Green -book), latest Edition, Including all supplements. The contractor shall furnish all necessary labor, tools, materials, appliances, and equipment to complete the project. This project is required to maintain effective operation of the City's sanitary sewer system, eliminate sewer main obstructions, reduce sewer maintenance requirements, enhance sewer flows, and prevent sewer system overflows. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are Santa Ana based. Sixteen vendors requested bidding documents, and a total of nine bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 02 and August 03, of 2021. The project was also advertised in PlanetBids from July 30, 2021 through September 09, 2021. Bids were received electronically via PlanetBids on September 09, 2021. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Colich & Sons L.P. Gardena $3,581,155.00 2 Vasilj Inc Irwindale $3,790,140.00 3 MNR Construction Inc La Verne $3,886.860.00 4 GRBCON, Inc Baldwin Park $3,889,042.00 5 CEM Construction Corp Montebello $4,022,010.00 6 Vido Artukovich & Son inc. South El Monte $4,213,800.00 7 Vido Samarzich, Inc. Rancho Cucamonga $4,306,216.00 8 Christensen Brothers General Engineering, Inc. Apple Valley $4,788,815.00 City Council 21 —2 12/7/2021 Flower Street Sewer Main Improvements November 16, 2021 Page 3 9 Ramona Inc. Baldwin Park $5,068,725.00 A total of 11 bids were received, and all were deemed responsive. Colich & Sons L.P. submitted the lowest responsive base bid in the amount of $3,581,155.00 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Colich & Sons L.P., in the amount of the base bid totaling $3,581,155.00 (Exhibit 3). Colich & Sons L.P. has not performed any work recently in the City of Santa Ana. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,655,501.50. Project Item Total Construction Contract $3,581,155.00 Construction Administration, Inspection, Testing_1 $537,173.25 Contingencies $537,173.25 TOTAL CONSTRUCTION DELIVERY COST $4,655 501.50 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-29 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,655,501.50 which includes construction, contract administration, inspection, testing, and an authorized contingency. Approval of the requested Appropriation Adjustment will recognize $1,685,502 of prior year fund balance in the Sanitary Sewer Fund, Capital Recovery Charges, Prior Year Carryforward revenue account (No. 05417002-50001) and appropriate the same amount to the Sanitary Sewer Fund, Capital Recovery Charges, Improvements Other Than Building expenditure account (No. 05417647-66220). All funds are available for expenditure in Fiscal Year 2021-22; however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure. City Council 21 —3 12/7/2021 Flower Street Sewer Main Improvements November 16, 2021 Page 4 The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit - Year Y Account No. Description Account No. Amount (Project No.) Description APPROPRIATION ADJUSTMENT Sanitary Capital Recovery 2021-22 05417647-66220 Sewer Charges, $1,685,502.00 (18-6616) Capital Improvements Other Than Building EXISTING PROJECT APPROVED BUDGET Sewer Sewer Connection 2021-22 05517660-66220 Connection Projects, $27000,000.00 (18-6616) Fee Improvements Other Than Building 05417647 - Sanitary Capital Recovery 2021-22 66220 Sewer Charges, Improvements Other $9707000.00 (18-6616) Capital Than Building Total $476557502.00 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Amendment to Fiscal Year 2021-22 CIP Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Kristine Ridge, City Manager City Council 21 —4 12/7/2021 0 0 EXHIBIT 1 VICINITY MAP NOT TO SCALE ' PROJECT LOCATION SANTA ANA CITY COUNCIL PROJECT NO. 18-6616 P. 1�1 ■ AGENDA DATE FLOWER STREET ( 1 VVuVVV / 1 PLBLIC WORK SEWER MAIN IMPROVEMENTS (-itv (-hi inril 91 — ti 17 o*Wa- I Im*) Exhibit A Vendor Name md|oh&Sons L.e Address 547 VV 140th Street Gardena, California g0248 United States Reupundee Paul Majinh ReepondeeTide Cenera|Manager Phone 310-516-6346 Email pmajioh@ooKch.nom vendorTypr License # Rhl', w�Bd� Bid Formal Electronic Submitted 09/89/2021 12]9PM(PDT Delivery Method Bid Responsive Bid Status Submitted Confirmation # 264e6e OO���(��D101�Of �UV8[(�ODlF08D� rUeTule Executed Non -Col uoionA0davh' SemaAnandf Executed 0wncrshipAffidavit- SemaAna.pdf Executed Bid PmposaI-SamaAna.pdf Executed Bid uond-aamaAna.pdf File Name ExeomedNonfoUusionAffidavh SantaAna.pd| Exeomcd0wnerohipAffidavh- SantaAna.pdf File Type Non -Collusion Affdavk(Notary Pub|kc) REV0hginal Hard Copy Submittal |nAddition Ownership Affidavit (Notary Pub|i4 REQOriginal Hard Copy Submittal in Addition Proposal Dooumemn Bid Bond Guaranty (Notary Pub|ic) RB7Original Hard Copy Submittal in Addition ',I(I Oi „IIL, /,I lf) I lm,-'? :'i .5 II,,,tw',I'„,;(1,,u1 Ilrl,,rnir,Ir,Iu, 18GG I G 0011q(,I1 II,I >rim"d(;1rP2"t21 Discount Terms No discount Item Item Type Item Description UOM QTY Unit. Price Line Total Response Comment # Code Section 1 $3,581,155.00 1 MobilizationlDemobilization (No more than 5%total bid) LS 1 $150,000.00 $150,000.00 Yes 2 Prepare and Implement Traffic Control Plan LS 1 $150,000.00 $150,000.00 Yes 3 Storrmwater Best Management Practices (BMP) LS 1 $15,000.00 $15,000.00 Yes 4 Furnish Temporary Sewer By-pass Pumping) System LS 1 $12.5,000.00 $125,000.00 Yes 5 Remove and Dispose Existing 8" VCP Sewer Pipe LF 707 $40.00 $28,280.00 Yes 6 Remove and Dispose Existing 10" VCP Sewer Pipe LF 508 $50.00 $25,400.00 Yes 7 Remove and Dispose Existing 12" VCP Sewer Pipe LF 1665 $50.00 $83,250.00 Yes 8 Construct 8" PVC (SDR 26) Sewer Pipe LF 127 $375.00 $47,625.00 Yes 9 Construct 10" PVC (SDR 26) Sewer Pipe LF 15 $390.00 $5,850.00 Yes 10 Construct 12" PVC (SDR 26) Sewer Pope LF 692 $405.00 $280,260.00 Yes 11 Construct 15" PVC (SDR 26) Sewer Pipe LF 2361 $440.00 $1,038,840.00 Yes 12 Construct New 48" Precast Concrete Eccentric Cone Manhole Per City Std. Plan No. 1201ADFASDF EA 11 $7,000.00 $77,000.00 Yes 13 Construct New P.C.C. Drop Sewer Manhole Per City Sid. Plan 1201A EA 1 $8,500.00 $8,500.00 Yes 14 NOTUSED _ 0 $0.00 $0.00 Yes 15 Pressure Wash And Protect Existing Manhole In Place. Clean Existing) Manhole And Coat Manhole Interior With 12.5 MIL. EA 3 $4,000.00 $12,000.00 Yes Epoxy/Polyurethane Lining System Including The Base 16 Reconnect All Existing Live Sewer Main To New Manhole EA 5 $3,000.00 $15,000.00 Yes 17 Protect Existing) Sewer In Place LS 1 $15,000.00 $15,000.00 Yes 18 Abandon Existing Sewer Main, In, Place LS 1 $15,000.00 $15,000.00 Yes 19 Remove and Dispose of Existing Sewer Manhole EA 11 $2,500.00 $27,500.00 Yes 20 Remove And Replace Like -For -Like Existing Improvements Including But Not Limited To Curb And Gutter, PCC Side Walk, Grass And LS 1 $80,000.00 $80,000.00 Yes Other Landscaping 21 Abandon Existing Manhole, Remove The Top 18", Break Base Per Std. Plan No. 1209 And Fill The Manhole Barrel With 1 Sack Slurry, EA 2 $2,500.00 $5,000.00 Yes Back Fill To The Natural Ground, Match Existing Finish Surface Salvage Manhole Cover And Frame To The City 22 Construct New Sewer (Lateral To Back To Right Of Way Connect To Existing 4" VCP Lateral With Eccentric Reducer Couplings Per City EA 81 $4,000.00 $324,000.00 Yes Std. Plan No. 1204 23 Construct Sewer Pipe Casing Per City Std. Plan No. 1203. Replace Existing Medlian, Irrigation System, And Tree As Necessary LF 70 $350.00 $24,500.00 Yes 24 Clearing and Grubbing LS 1 $20,000.00 $20,000.00 Yes 25 Cold Mill Existing Pavement SF 154000 $0.30 $46,200.00 Yes 26 Remove Existing and construct AC Dig Out SF 400 $12..00 $4,800.00 Yes 27 Construct 2" Asphalt Rubber Hot Mix (ARHM) TON 1900 $115.00 $218,500.00 Yes 28 Sawcutp Remove and Construct PCC Pavement SF 24500 $18.00 $441,000.00 Yes 29 Sawcutp Remove and Construct Curb Ramp EA 2 $8,500.00 $17,000.00 Yes 30 Sawcutp Remove and Construct Sidewalk SF 2000 $14.00 $28,000.00 Yes 31 Sawcut & Remove and construct Curb and Gutter LF 100 $100.00 $10,000.00 Yes 32 Remove Existing and construct 6" Median Curb, including 4" thick Fill in Concrete LS 1 $37,000.00 $37,000.00 Yes 33 Adjust to Grade Sewer Manhole EA 8 $750.00 $6,000.00 Yes 34 Adjust to Grade Water Valve EA 22 $450.00 $9,900.00 Yes 35 Adjust to Grade Storm Drain Manhole EA 1 $750.00 $750.00 Yes 36 Install Traffic Signal Loops EA 36 $750.00 $27,000.00 Yes 37 Signing, Striping, Markings & Pavement Legends LS 1 $18,000.00 $18,000.00 Yes 38 Create Planting & Irrigation Plan, for Median at Station 46+50 to 48+75 LS 1 $23,000.00 $23,000.00 Yes 39 Planting Work for (Median at Station 46+50 to 48+75 LS 1 $30,000.00 $30,000.00 Yes 40 Re -Establish, 11" Irrigation Water Service for Median at Station 46+50 to 48+75 LS 1 $25,000.00 $25,000.00 Yes 41 Construction Permit LS 1 $15,000.00 $15,000.00 Yes 42 Import Backfill Material and Dispose Native Soil* CY 800 $45.00 $36,000.00 Yes 43 Sewer Flow Level Monitoring & Alarming Device EA 2 $5,000.00 $10,000.00 Yes 44 Sawcutp Remove and Construct PCC Bus Pad Per City Sid. Plan No. 1108 SF 200 $25.00 $5,000.00 Yes City Council 21 — 7 12/7/2021 18 ( I (,, hidd I I I q ('11 (A3 Section 1 Section Title Grand Total Line Total $3,581,155.00 $3,581,155.00 City Council 21 —8 12/7/2021 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 18-6616 FLOWER ST. SEWER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 71" day of December, 2021 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 Colich & Sons L.P. (hereinafter "CONTRACTOR'). WITNESSETI-I: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work andfurnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Flower St. Sewer Main Improvements (hereinafter referred to as the "WORD 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 WORD OF IMPROVEMENT the sum total amount not to exceed Three Million Five Hundred Eighty -One Thousand One Hundred Fifty -Five Dollars and No Cents ($3,581,155.00), 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 hemp 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. City Council 21 — 9 12/7/2021 rov. 09ro0W 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 M&ROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: littn://www.saga. a or w€/docunientslCWA, f' 7= CONTRACTOR shall, after award of this Contract, fUmish 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 prier` 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, S. 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 (S 100,000) or Ton. Percent (101%) 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, said hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following, (i) Performance or nonperformance of the Work of improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligatioats under the Contract Documents; City Council 21 — 10 1 021 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of -Irnprovernent performed on or off the project site; and. (v) Any personal injury, property damage or economic less to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontracturs of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indenatiitee. IN WITNESS WHEREOF, the parties hereto have execrated this Construction Contract on the day and year first above written. ATTEST. DAISY GOMEZ Clerk of the Council APPROVED AS TO .FORM'; SOMA R. CARVALHO City Attorney J!�, 9w -F,,� By. . ...... JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SAB , F'E Executive Director Public Works Age CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Colich & Sons L.P. NAME: J TITLE: ild- wiloh Pedant of operations Gmlaa Inc., eariaral partner City Council 21 — 11 / 021 City of Santa Ana Flower St. Sewer Main Improvements (18.6616), bidding on OWOV2021 2:00 PM (PDT) Page 1 of 2 Printed 09l2112021 Exhibit A Bid Results Bidder Details Vendor Name Colich & Sons L.P. Address 547 W 140th Street Gardena, California 90248 United States Respondee Paul Majich Respondee Title General Manager Phone 310-516-5346 Email pmajich@coljoh.com colich.com Vendor Type License # Bid Detail Bid Format Electronic Submitted 09/09/2021 12:19 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 264869 Respondee Comment u ye, C-.mr".e r, t File Title Executed Non-CollusienAffidavit- SantaAna.pdf Executed OwnershipAffidavit- SantaAna.pdf Executed Bid Proposal-SantaAna.pdf EXecutedBldBond-SantaAna.pdf File Name Executed Non-CollusionAfdavit- SantaAna.pdf Executed Own ershlpAffidavit- SantaAna.pdf ExecutedeidProposal-SantaAna.pdf EXecutedBidBond-SantaAna.pdf File Type Ncn-Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Ownership Affidavit (Notary Public) - RFQ Original Hard Copy Submittal in Addition Proposal Documents Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Add! lion City Council Pianetilids, Inc. NQiN 12/7/2021 City of Santa Ana Page 2 of 3 Flower St. Sewer Main Improvements {10 6818), bidding on 0910912021 2'.00 PM (PI)T) Printed 0912112621 Lire Items Discount Terms NoDiscount '.11emi Item ''.,Type Item DescriptionUGM qTY Unit Price I'., Line Total Response, Commend 7F - Code Section 1 ,....... 63,581,155.tl0 .. ......... 1 - . .... .......... ..... ........... ...... ....... ........ .. ........... ..... .... .. ......... ._ ... ......... .. .... ..... Mobdl2ation/Damobil€Zarlon(No more than 5%total bid) ... ... LS ............... 1 ............... $150,000.00 ........._....... $150,000.00 ... ... ......... .......... Yes 2 Prepare and lm lement Trattie Camrol Plan LS 1 $150,00000 $160,000.00 Yes 3 Stonttweter Best Management Practices (BMP) LB 1 $15,000.D0 $15,000.00 Yes 4 Furn€sh Tem orary Sewer By-pass Pumping System LS - 1 $126,000.00 $125,000,00 . Yes 5 Remove and Dispose Existing 8" VCP Sewer Pipe LF . 707 I $40.00 $29,280.00 Yes 6 Remove and Dispose Existing 10" VCP Sewer Pipe LF BOB $50.00 $25,400.00 Yes 7 Remove and Dispose Existing 12" VCP Sewer Pipe LF 1665 $6DA0 - $83,250.00 Yes 8 Construct 8" PVC (SDR 26) Sewer Pipe LF 127 1 $376.00 - $47,625.00 Yea 9 ..... Construct l0"PVC (Sop 26}Sewer pipe', ) S LF is $3900tl $S,BSn,nO $5, Yea ... ........ la ........... ... _ ..(.......... .... .......,............. ........ ._ ..._. ..._ . ,..,_ _ . ,....................... .... .. .... ........_ _ . Construct 12" PVC (SDR 26} Sewer Pipe .. LF ..... - 692 ... �'� $406 00 _ .......... : $280,260.00 ........ ... Yea 11 -' Construct 15" PVC (SDR 26) Sewer Pipe LF j 2361 $440,00 : $1,030,040,00 Yea 12 construct New 45" Precast Concrete Eccentric Cane Manhole Par City Std. plan No, 1201AOFASpF I, E-A . 11 ',, $7,00nAa $77,000,00 Yes 13 j Construct New P.G.C. Drop Sewer Manhole Per City Std. Plan 1201A EA 1 $8,500.00 $8,500.00 Yes { 14 NOT USED _ 0, $0c0 $0.00 Yes - is Pressure Wash And Protect Existing Manhole in Place, Clean Existing Manhole And Coat Manhole Interior With 125 ML. EA 3 1 $4.00D 00 $12,000.00 vas Epoxy/Polyurethane Lining System Including The Base. ' 16 Reconnect All Existing Live Sewer Main To New Manhole EA 5 : $3,000.00 ! $15,000.00 Yea 17 Protect Existing Sewer In Place LS 1 P $15,OOD.00 $15,000.00 Yes 18 Abandon Existing Sewer Main In Place LS -i $15,000'on $15,000.04 Yes 19 Remove and otsposeaf Existing Sewer Manhole - BA 11 $2,500,00 $27,500.00 Yes 20 Remove And Replace Like -For -Like Existing Improvements Including But Not Llmlted To Curb And Gutter, PCC Slda Walk, Grass And LS 1 $80,000.00 $80,000.00 Yes Other LandscapEng 21 Abandon Existing Manhole, Remove The Top 16", Break Base Per Sid. Plan No. 1200 And Fill The Manhole Barrel With 1 Sack Slurry, EA 2 , $2 600.00 $5,000.00 Yes I Back Fill To The Natural Ground, Match Existing Finish Surface Salvage Manhole Cover And Frame To The City 22 Construct New Sewer Lateral Ta Back To Right Gf Way Connect rh Existing 4° VCP Lateral With Eccentric Reducer Couplings Per City LA B7 $4,001100 i $324,000A0 Yes Std. Plan No. 1204 23 Construct Sewer Pipe Casing Per City Std. Plan No.1203. Replace Existing Median, Irrigation System, And Tree As Necessary - LF 70 $360 00 $24,500.00 Yes - 24 Clearing and Grubbing - ; LS 1 , $20,000,00 , $20,000.00 Yes 25I cold Mill Existing Pavement sF 154000 $0,3u $46,2tln,00 Yes 26 Remove Existing and consircet AC Dig Out : SF 400 : $12.00 - - : $4,800.00 Yes - 27 - Construct 2' Asphalt Rubber Hot Mtx(ARHM) - TON 1900 $115.00 $218,500,D0 Yes 28 Sawcut, Remove and Construct PCC Pavement SF 24600 618,00 $441,000.00 Vag 20 Sawcm, Remove and Construct Curb Ramp EA 2 $6,500.00 $17,000.00 Yes 30 Sawcut, Remove and Construct Sidewalk SF 2000 _ $1400 $28,000.00 Yes 31 Sawcut B Remove and construct Curb and Gutter LF 100 $100.00 $10,00B.0B Yes 32 Remove Existing and construct 6" Median Curb, Including 4" thick Fill in Concrete LS 1 $37,000.00 $37,000.00 Yes 33 Adjust to Grade Sewer Manhole - EA 8 9750.00 $6,000.00 Yes 34 Adjust to Grade Water Valve BA 22 $44u,0o $9,9co,no Yes 35 - Adjust to Grade storm brain Manhole EA i $750.0o $750.00 Yes 36 Install Traffic Signal Loops EA 36 $750.00 $27,000.00 Yes 37 - Signing, Striping, MarkTngs & Pavement Legends LS 1 $18,000.00 . $18,000.00 Yes 38 Create planting & Irrigation Plan far Median at Station 46+50 to 48+75 LS 1 - $23,000.00 $23,000.00 Yes 39 Planting Work for Median at Station 46+50 to 48+75 LS 1 $30,000.00 $30,000.00 Yes 4C Re-Establlsh 1' Irrigation Water Service for Median at Station 46+50 to 48+75 LS 1 . $25,000,00 $25,000.00 Yea 41 Construction Permit LS 1 $15,000,00 $is,aoo,00 Yea 42 - Import Rackfill Material end Illspase Native SoIW CY BOO $45.00 $36,000.00 Yes 43 Sewer Flow Level Monitoring & Alarming Device EA 2 $5,00000 $10,000.00 Yes 44 Sawcut, Remove and Construct PCC Bus Pad Per City Std. Plan No, 1108 SF 200 $25.00 $6,000.00 Yes City Council PlanetBids lnc. 21 — 13 12/7/2021 City of Santa Ana Page 3 of 3 Flower St. Sewer Main Improvements (18-6616), hldding on 09r09/2021 2:00 PM (PDT) Printed 09!2112021 Line Item Subtotals Section Title Line Total _, ..... Section 1 $3,SS1,155.170 Grand Total. $3,581,155,00 City Council PlanefBlds. Inc. 21 — 14 12/7/2021 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 oft e add-altemate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject tote "25%" limit as stated in Section 3-2 of the Standard Specifications, The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity oft is item accordingly, f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. z V fE -M-F-1—R. C0 vfi I IND EIMF"N'J's AN.) I The undersigned bidder hereby proposes to complete the or for the total base bid amount shown above, within nu er 1S wor in a s after the commencement date stated in the Notice to Proceed, The liquidated damages amount, in lieu of teamount specified in Subsection ®9 of the Standard Specifications, shall be $1,500 per calendar day, Title Paul Maiich, VP of Operations, Coretco Inc., GP rfn name and give the;mes of rt h t e f r111 ion, state legal name of co oration., (If an individual, so a a pa e n rs ip t TI a orat or co f Id I co_ ers all individual co -pa 01 p ng the le t T sure M ger, ereof and names of Presid Secre a�, a r and an o rc th City Council ry 21 — 15 12/7/2021 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6616: Flower St. Sewer Main Improvements Construction Contract $ 3,581,155.00 Contract Administration, Inspection and Testing $ 537,173.25 Contingencies $ 537,173.25 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 4,655,501.50 City Council 21 — 16 12/7/2021 m t � co, . Lii S. 04 CA \ �CD 04 CA , , � C14 CA Ln , , � 04 k k 6 � � \ } L q n « Z 7 o \ q , , Q § d § / k § / k � 04 \ \ � CA \ \ 0 0 R c z R U) 2 o \ m ) LL / / LL / \ � ) Lu � \ _° in \ « $ / > 2 ) q 4 § ƒ a ch » C ) L "I� § LI a � e FU E « F 0 Z v ƒ ƒ - 2 ? w e e F-3 e\ : . . ... m � d E L 2 2] - ]7 ] U . . ^ 2 7 202]§ \ o� u z a �. aƒ / a\// Public Works Agency www.santa-ana.org/pw Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Real Property Acquisition for Warner Avenue Street Improvements AGENDA TITLE: Authorize a Purchase Agreement in the Amount of $399,000 for Partial Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owner: The Ramboat Investments, LLC) (Project No. 18-6901) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase agreement with property owner The Ramboat Investments, LLC, a California limited liability company, for the partial property acquisition and goodwill (if any) for the real property located at 2400 S Grand Avenue (APN 016-150-71) in the amount of $399,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways. Improving the one -mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from a four -lane roadway to a six -lane arterial, to address safety issues and provide adequate vehicular capacity. Also included is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in summer 2022. The proposed improvements for the Project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed -use commercial, residential, and industrial project. As such, the City of Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue. The recommended partial property acquisition (Exhibit 1) is necessary to accommodate City Council 22 — 1 12/7/2021 Real Property Acquisition for Warner Avenue Street Improvements December 7, 2021 Page 2 the street improvements for Phase 2. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibit 2). ENVIRONMENTAL IMPACT On September 1, 2015, the City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $399,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2021-22 as follows: Fiscal Accounting Accounting Unit, Year Unit —Account Fund Description Account No. Amount No. Description Measure M- Measure M2 2021-22 03217663-66100 Street Construction Competitive Street, $299,250 Land Select Street Warner Ave -Tustin 2021-22 05917668-66100 ConstructionCity Community Facilities $99,750 of Tustin District, Land Contribution) TOTAL $399,000 EXHIBIT(S) 1. Location Map 2. Purchase Agreement — APN 016-150-71 Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 22 — 2 12/7/2021 EXHIBIT 1 z Z 4 `� MATCHLINE SEE BOTTOM LEFT 1�. \.k. HATHAWAY ST N N � II � r II 01 4-281 —1 2 N N II ii II ii II ii ii ii ii 014-281-07 ii ii ii ii II II II 014-281-21 ii ii MATCHLINE SEE TOP RIGHT —SUBJECT PROPERTY M 0 1 dl'i 1 1 III'"5 EXHIBIT 1 0 0 014-281-07 w N 01 4-281 —21 Q cr w CC II a 01 4 —281 —09 GRAND AVE II II 014-173-06 p ii ..,_... _... _... .... .... _.._,._,,_,._,._,.N SANTA ANA TITLE. PURCHASE AGREEMENTS FOR WARNER AVENUE ■ P W A IMPROVEMENTS (PROJECT NO 18-6= Council --'" 22"--3' 1 021 EXHIBIT 2 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on ,2021, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and The Ramboat Investments, LLC, a California Limited Liability Company (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property rights (hereinafter collectively "Said Real Property") legally described as follows: SEE Exhibits "A" and "A-1"— Legal Descriptions and Exhibits "B" and "13-1" — Plat Maps ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2400 S. Grand Avenue, Santa Ana, CA 92707) (APN 016-150-71) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. A. Seller agrees to convey Said Real Property as set forth in Section 1.13 below to City, by Grant Deed and easement deed for a temporary easement, at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, within sixty (60) days from and after the date on which the City has approved this Agreement. B. Seller Agrees to convey to City a 5,508 foot fee acquisition and Six (6) Month 2,681 square foot Temporary Construction Easement in, on, over and above the portion of property described on the attached Exhibits "A and A-1" and depicted on the attached Exhibits "B and B-1" and incorporated herein by the reference. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said Real Property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to Said Real Property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. City Council 22 — 4 12/7/2021 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of Said Real Property to City, within the time and at the place hereinabove specified for said conveyance of Said Real Property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Three Hundred Ninety -One Thousand Forty and no/100 Dollars ($391,040) insuring the title of the City to Said Real Properties are free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "C" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of Said Real Property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "C" of the General Provisions of this Agreement. 5. Property Taxes. Such real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on Said Real Property for said fiscal year which have been paid prior to the date the deed conveying Said Real Property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying Said Real Property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or City Council 22 — 5 12/7/2021 assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, temporary construction easement, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Three Hundred Ninety -Nine Thousand and 00/100 Dollars ($399,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within SIXTY (60) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: (a) Conveyance of Said Real Property by Seller to City as hereinabove provided; (b) Acceptance by City of a Grant Deed conveying said portion of Said Real Property to City; (c) Acceptance by City of a Temporary Construction Easement to City; (d) Delivery to City of the policy of title insurance as hereinabove provided; (e) Recordation of the Deed conveying said portion of Said Real Property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said property, which shall be made free to Seller of all personal property. 8. Rental and Occupancy By Seller. INTENTIONALLY DELETED. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for Said Real Property and includes payment for fixtures & equipment (improvements pertaining to realty), goodwill (if any), and severance damages. City Council 22 — 6 12/7/2021 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of itself, its, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); pre -condemnation damages; claims for inverse condemnation; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property, or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property. C. Seller hereby acknowledges that he either has consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the previsions of the California Civil Code Section 1542, which provides as follows" "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if know by him or her must have materially affected his or her settlement with the debtor." Seller acknowledges that he may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principal or similar effect. This acknowledgement and release shall survive the Close of Escrow. 14. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2430 S. Grand Avenue, Santa Ana, CA 92705. City Council 22 — 7 12/7/2021 15. Exceptions. City agrees to accept title to Said Real Property subject to the following: See Exhibit "D" attached hereto. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. DISCLAIMER: RELEASE. AS AN ESSENTIAL INDUCEMENT TO SELLER TO ENTER INTO THIS AGREEMENT, AND AS PART OF THE DETERMINATION OF THE PURCHASE PRICE, BUYER ACKNOWLEDGES AND AGREES, THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT AND THE DOCUMENTS EXECUTED BY SELLER IN CONNECTION HEREWITH: A. DISCLAIMER: AS -IS; WHERE -IS. THE SALE OF THE PROPERTIES HEREUNDER IS AND WILL BE MADE ON AN "AS IS, WHERE IS" BASIS. SELLER HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE OF, AS TO, CONCERNING OR WITH RESPECT TO ANY OF THE PROPERTIES OR ANY OTHER MATTER WHATSOEVER. ii. SOPHISTICATION OF BUYER. BUYER IS A SOPHISTICATED BUYER WHO IS FAMILIAR WITH THE OWNERSHIP AND OPERATION OF REAL ESTATE PROJECTS SIMILAR TO THE PROPERTIES, AND BUYER HAS HAD ADEQUATE OPPORTUNITY OR WILL HAVE ADEQUATE OPPORTUNITY PRIOR TO CLOSING TO COMPLETE ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTIES HEREUNDER IT DEEMS NECESSARY, AND WILL ACQUIRE THE SAME SOLELY ON THE BASIS OF AND IN RELIANCE UPON SUCH EXAMINATIONS AND THE TITLE INSURANCE PROTECTION AFFORDED BY BUYER'S TITLE INSURANCE POLICY OR POLICIES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY SELLER. iii. DUE DILIGENCE MATERIALS. ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO ANY OF THE PROPERTIES IS SOLELY FOR BUYER'S CONVENIENCE AND WAS OR WILL BE OBTAINED FROM A VARIETY OF SOURCES. SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. SELLER SHALL NOT BE LIABLE FOR ANY MISTAKES, OMISSIONS, MISREPRESENTATION OR ANY FAILURE TO INVESTIGATE ANY OF THE PROPERTIES NOR SHALL SELLER BE BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS, OR OTHER INFORMATION PERTAINING TO ANY OF THE PROPERTIES OR THE OPERATION THEREOF, FURNISHED BY SELLER OR BY ANY MANAGER, MEMBER OR PARTNER OF SELLER, OR BY ANY REAL ESTATE BROKERS, MEMBERS, PARTNERS, AGENTS, REPRESENTATIVES, TRUSTEES, AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SERVANTS OR AGENTS OF ANY OF THE FOREGOING, OR OTHER PERSONS OR ENTITIES ACTING ON BEHALF OF SELLER OR AT SELLER'S REQUEST (COLLECTIVELY, "SELLER RELATED PARTIES"). City Council 22 — 8 12/7/2021 B. RELEASE. EFFECTIVE AS OF THE CLOSING, BUYER HEREBY RELEASES SELLER AND ALL SELLER RELATED PARTIES FROM ALL CLAIMS THAT BUYER OR ANY PARTY CLAIMING BY, THROUGH OR UNDER BUYER (A "BUYER RELATED PARTY') HAS OR MAY HAVE AS OF CLOSING ARISING FROM OR RELATED TO ANY MATTER OR THING RELATED TO OR IN CONNECTION WITH ANY OF THE PROPERTIES, INCLUDING THE PROPERTY INFORMATION, THE LEASES AND THE TENANTS THEREUNDER, ANY CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR CONSTRUCTION AND ANY ENVIRONMENTAL CONDITIONS, INCLUDING THE PRESENCE OF ANY HAZARDOUS MATERIALS, AND BUYER SHALL NOT LOOK TO ANY SELLER RELATED PARTIES IN CONNECTION WITH THE FOREGOING FOR ANY REDRESS OR RELIEF. THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS AND PROVISIONS, INCLUDING THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION AND, IN THAT REGARD, BUYER HEREBY EXPRESSLY WAIVES ALL RIGHTS AND BENEFITS IT MAY NOW HAVE OR HEREAFTER ACQUIRE UNDER CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 18. Reserved. 19. Reserved. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. City Council 22 — 9 12/7/2021 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 30. Construction Contract and Curative Work. All work performed under this Agreement shall conform to all applicable building, fire and sanitary laws, ordinances and regulations relating to such work and shall be completed in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated or reconstructed by the City, shall be left in as good condition as found. Any landscaping removed within the TCE area will be replaced by the City as part of the project. 31. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. [Signature Page Follows] City Council 22 — 10 12/7/2021 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. SELLER: The Ramboat Investments, LLC, a California Limited Liability Company By: 6 Name: A)VAL E- ILL Its: City/Buyer City of Santa Ana Kristine Ridge City Manager ATTEST: Date: / e)l "/A), / Date: Date: Daisy Gomez City Clerk APPROVED AS TO FORM: John M. Funk Date: Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Date: Nabil Saba, PE, PLS Executive Director Public Works Agency 10-22-21 City Council 22-11 12/7/2021 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION IMU-70LLARS, INC, I 2603M,4m 'jI..t - $111-400- Irvine, CA 92614-4250 1941"980,6015 p6'.. 949,980,582Qf.x, R307513.19 09-20-19 REVISED 02-24-20 EXHIBIT "A" LEGAL DESCRIPTION RIGHTOF WAY FEE ACQUISITION APN 0 16-150-71 That Portion Of the land allotted to James McFadden, as described in the Final Decree of I`WtitiOtl of the Rancho Santiago ote Santa Ana, which was enteredSepternber 12,1868 in Book 13, Palle 410 of Judgments of the district court of the 17th Judicial District in and .for Los Angeles County, in the City of Santa Ana. County of Orange, State of California, as shown on a snap filed in Book, 1.53, Pages 43 through 44, inclusive, of Records of Survey, in the office of the County Recorder of said County, described as follows: Commencing at the Northerly terminus of that certain course in the Westerly line of Instrument No, 1995-0531198,, of official Roc ords in said Office of the County Recorder, as shown on said Record of Stlovey, shown as having a bearing and distance of "NO I 025'59"E 220,00' " on said Record of Survey, also bcnig on the Southerly Right of Way line as shown on said Record of Survey; thence along said Southerly Right of Way South 889 1'00" East 24.74 feet to the TRUE POINT OF BEGINNINQ thence leaving said Southerly Right of Way line South 86'38'34" East 36.33 feet to the beginning of a non -tangent curve concave Southerly, having a radius of 1449,00 feet, a radial line of said curve to said beginning bears North 02'24'23" Fast; thence Easterly 111.26 feet through a central angle of 04'23'58"; thence South 83'1119" East 131.01 feet to the beginning of a curve concave Northerly, having a radius o.f.835,00 feet; thence Easterly 77.57.teet through. a central angle of 05'1921 " to a line being tangent with and 13.00 feet Southerly of said Right of Way fine; thence along said parallel title South 8891'00" East 200,11 feet; thence leaving said parallel line South 43'33'36" East 35.33 tbet to the Westerly Right of Way line of Grand Avenue as shown on said Record of Survey; thence along the said Westerly Right of Way line of said Grand Avenue and said Southerly Right of Way line of said Warner Avenue the following seven (7) courses: North 0.1023'47" East 12.99 feet, North 43"33'36" West 35.35 feet, North 88031'00" West 275.00feet to the beginning of a curve concave Northerly, having a radius of I 10.00 feet, Westerly 12-34 feet along said curve through a central angle of 06*25'38", North 8200512211 West 78.10 feet to the beginning of a curve concave Southerly, having a ladius Of 90.00 feet, Westerly 10,10 feet along said curve through a central angle of 06'25'38", and North 88'31TO" West 180.36 feet to theTRUE. POINT OF BEGINNING, Containing an area of 5,508 square feet, more or leis, City Council 22-12 12/7/2021 EXHIBIT "A" (PART TAKE FEE) LEGAL DESCRIPTION EXHIBIT "A" R307513,19 LEGAL DESCRIPTION 09-20-19 RIGHT OF WAY FEE ACQUISITION REVISED APNO16-150-71 02-24-20 Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof, DAVID W. MACKE -,, LS �12 r/R307513,19/02/02,101REr 51016-150-71 ROW DrD City Council 22-13 12/7/2021 EXHIBIT "B" (PART TAKE FEE) PLAT MAP WARNER AVENUE m Ip C S'LY RIGHT' OF WAY T p LINE WARNER AVENUE Ci 0 N883t 00"w 205.10' (205,34) u z N V. ' 180.38' N8205 g2" wr,.� R= ' 1449, 00, ~ -�w,6 a j N ebj 04, rya 5,508 r" N83 i139" J7f'g "� z 5-Vor zip R(C Co7RD OF SUN WEY NO� or W WARNER AVENUE z �k "�. `i Ci M Ca iz a � J h LINE RIGHT DF WAY LINE WARNER AVENUE N8831'00"W 275.00' 2 05't9 �r~ 5, 50B 5Q F% Z R 835,0p' N86 i1'0o"W 200.11' � L-77.57'-_' N4333'36"W ROWO D OF 50�G�l�yEV /Mgt" 9540,06 ltil o 8 a n o W'LY RIGHT OF WAY LINE GRAND AVENUE (XXX) INDICATES RECORD DATA PER RECORD OF SURVEY NO REVISED; 2j24j2020 95—fO56, R.S.B. 153143-44 dl lLTA�'iC"' SKETCH TO ACCOMPANYj �'�,[ �,j A LEGAL DESCRIPTIONrnuN e� DW t-�Zoflarm, Inc. UvRe 03 Main 81rsst, Suits 400, Irvine, GA 920U EXHIBIT 'e' aqMm sY RHN Ions (949) ON-W5 Fax (90) M-5820 RIGHT OF WAY o r� "D 8Y r r FEE ACQUISITION 912012019 A.P.N. 016-150-71 Ntt R30751.19 R.\R307513.19\CADD\MAPPING\DWO\EX\30751JI9JEX01.DWG City Council 22 — 14 12/7/2021 EXHIBIT "A-V (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION I RS HUTT-7aLLAR,5jW,.1 2603 Nai. $tt , 5WM 400 1 Irvin., CA 92614-A250 E949,988SA15 ph— - 949,900.$820 ta, I W41 h. mm R307513.19 09-20-19 REVISED 03-02-20 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT APN 016-150-71 That portion of the land allotted to James McFadden, as described in the Final Decree of Partition of the Rancho Santiago de Santa Aria, which was entered September 12,1868 in Book B, Page 410 of Judgments of the district court of the 17th Judicial District in and for Los Angeles County, in the City of Santa Ana, County of Orange, State of California, as shown on a map filed in Book 153, Pages 43 through 44, inclusive, Of Records of Survey, in the office of the County Recorder of said County, described as follows: Commencing at the Northerly terminus of that certain course in the Westerly line of Instrument No. 1995-0531198, of Official .Records in said office of the county Recorder, as shown on said Record of Survey, shown as having a bearing and distance of "NO1025'59"E 220.00' 11 on said Record of Survey, also being on the Southerly Right of Way line as shown on said Record of Survey; thence along said Southerly Right of Way South 89'31'00" East 21,21 feet to the TRUE POINT OF BEGINNING; thence continuing South 8891'00" Bast 3.52 tect; thence leaving said Southerly Right of Way line South 86*38'34" East 36.33 feet to the beginning of a. non -tangent curve concave Southerly, having a radius of 1449,00 feet, thence Easterly 111.26 feet through a central angle of 04'23'58"; thence South 83'1119" East 131.01 feet to the beginning of a curve concave Northerly, having a radius of 835.00 feet; thence Easterly 77,57 feet through a central angle of 05'19'21 " to a line being parallel with and 13.00 feet Southerly of said Right of Way line, thence along said parallel line South 88'31'00" East 176.49 feet: thence leaving said parallel line South 01 '129'0011 West 5.00 feet to a line parallel with and 5.00 feet Southerly of the course previously herein described as "South 88"31'00" East 176.49 feet"; thence along said parallel line North 88"31'00" West 176A9 feet to the beginning of a curve concave Northerly, having a radius of 840,00 feet, said curve being concentric with and 5.00 Southerly of the curve previously herein described as having a radius of 835.00 feet; thence Westerly 78.03 feet through a central angle of 0501.9'21 " to a line being parallel with and 5.00 feet Southerly of the course previously herein described as "South 83'11'39" East 131.O1 lcet".''thence along said parallel line North 83°1113911 West 131.01 feet to the beginning ofa curve concave Southerly, having a radius of 1444,00 feet, said curve being concentric with and 5.00 Southerly of the curve Previously herein described as having a radius of 1449.00 feet; thence Westerly 111.88 feet through it central angle of 04'23'58". thence non -tangent North 86'38'34" West. 39.70 feet; thence North 01'29'00" West 4.89 feet to the TRUE POINT OF BEGINNING, City Council 22-15 12/7/2021 EXHIBIT "A-1 " (TEMPORARY CONSTRUCTION EASEMENT) LEGAL DESCRIPTION FX141BIT "A" R307513.19 LEGAL DESCRIPTION 09-20-19 TEMPORARY CONSTRUCTION EASEMENT REVISED APN 0 16-150-71 03-02-20 Containing an area of 2,681 square feet, more or less. Subject to covenants, conditions, reservations, restrictions, rights -of -way and easements, if any, of record. All as shown on Exhibit "B" attached hereto and by this reference made a pad hereof. DAVID W, NINRE'Y, PLS 81112 r/1007513.19102/02 lfVRJiF 51 -rc.L City Council 22-16 12/7/2021 it EXHIBIT "B-1" (TEMPORARY CONSTRUCITON EASEMENT) PLAT MAP - --------- 1,7 LRECONDD 00hg'i StV1,1,WEY NCO). 9&V06(6' 9018�0. WARNER A VENUE —S1 Y RIGHT OF WAY LINE WARNFR A VENUF ti IK N88'JI'00'W N88UI'00"W 176,49' 4--0-5 79'21 9�2 R-840.0o" 9, N86*31'00'W 176.4,0' 2,6,qj 661 So. Fr NECOQ-D OF subwEv mca. 95-go"10 PAO, np, - VIT06Y 45 - 4A. �t L4 COURSE & CUR W DA rA.- W2 Y RIGHT or WAY` LINE GRAND AWNU F,-1 & I N88*43'54"W J52' �Y7011 2 N86'38'34'W 36.33' 4'2J'58'R=1,449.00L=1I1.26' 14 4=051921" R-8Ja00'L=7Z57' 5 M8638'34"W 39.70' 6 N01291001E 4�87' (XXX) INDICATES RECORD DATA PER RECORD OF SURVEY NO REWSED 31212020 95-1056, R.S.B. 153143-44 SKETCH TO ACCOMPANY SaME L "L mmvm UITT'D 1ARS A LEGAL DESCRIPTION DWM Zollark ho. Irvine �"* 4W, IrAne CA 92014 ExHa r a, WE—U-&Y 5615 Fax ("), RHH . ON-5820 TEMPORARY CONSTRUCTION Emimskr dRik 911312019 R.' \R30751119 \ OADD \MAPPING \DWO \EX\3075jjI9,CX02,DVA City Council 22-17 12/7/2021 EXHIBIT "C" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. City Council 22 — 18 12/7/2021 EXHIBIT "D" EXCEPTION TO TITLE APPROVED BY BUYER A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Statement for a Redevelopment Project Recording Date: July 08, 1982 Recording No: as instrument No. 82-235811 Official Records 7. Covenants, conditions, restrictions and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: December 01, 1995 Recording No: as Instrument No. 19950531198 of Official Records 9. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Redevelopment Plans for the Central City, Inter -City, Commuter Station, North Harbor, South Harbor, South Main, and Bristol Corridor Redevelopment Projects Recording Date: October 20, 2004 Recording No: 2004000948360 of Official Records 19. A Notice Entitled: Project Owner's Certification Recording Date: August 12, 2020 Recording No: 2020000403625, Official Records 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern California Edison Company Purpose: public utilities Recording Date: May 10, 2021 Recording No: 2021000307873, Official Records Affects: a portion of the land described herein City Council 22 — 19 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Agreement with Republic Services for use of City -Owned East Alton Avenue Lot AGENDA TITLE: Approve a License Agreement with Republic Services Use of City -Owned East Alton Avenue / SR-55 Freeway Parcel in the Amount of up to $165,000 for Maximum Term of One Year (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with Republic Waste Services of Southern California, LLC DBA Republic Services for use of real property owned by the City at the terminus of East Alton Avenue between Standard Avenue and the SR-55 Freeway, for a ten-month term commencing December 20, 2021 and expiring on September 20, 2022, which will automatically renew month -to -month thereafter for a monthly fee of $13,750, for a total revenue amount of $165,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 21, 2021, the Public Works Agency released Request for Proposals (RFP) No. 21-097 to seek qualified firms for a property license agreement for the East Alton Avenue lot located at the eastern terminus of East Alton Avenue between South Standard Avenue and the SR-55 (Exhibit 1). The property is 86,626 gross square feet, with approximately 66,546 net usable square feet. In partnership with the City of Irvine, the City has future plans to construct a new overpass at the SR-55, linking the cities of Santa Ana and Irvine at Alton Avenue. The subject property is included within the overpass project area; however, construction is not expected to begin for another three to five years. Thus, the property is expected to be available for uninterrupted use by the licensee until construction commences. To allow for maximum scheduling flexibility, the agreement includes a 60-day cancellation notice. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 23 — 1 12/7/2021 Agreement with Republic Services for Use of City -Owned East Alton Avenue Lot December 7, 2021 Page 2 FISCAL IMPACT This agreement will result in revenue of $13,750 per month into the Select Street Construction, Rental of Property revenue account (No. 05917002-57960). The agreement will commence on December 20, 2021 and expire on September 20, 2022. The agreement will automatically renew each month thereafter for an additional two months unless a notice to vacate premises is provided by the City or Licensee. The revenue will be used for the Alton at SR-55 freeway project. Fiscal Year Accounting Fund Accounting Amount Unit — Description Unit, Account Account # Description Select Street 2021-2022 05917002- Select Street Construction, $967250 (Dec -June) 57960 Construction Rental of Property Select Street 2022-2023 05917002- Select Street Construction, $417250 (July -Sept) 57960 Construction Rental of Property Select Street 2022-2023 05917002- Select Street Construction, $27, 500 Oct -Nov* 57960 Construction Rental of Property Total Contract Amount 1$165,000 *Optional term if monthly renewal is automated for maximum agreement term EXHIBIT(S) 1. Location Map 2. Agreement with Republic Waste Services of Southern California, LLC DBA Republic Services Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 23 — 2 12/7/2021 City Council 23 — 3 12/7/2021 © 2012-2017 Digital Map Products. All rights reserved. [MBUMPIMUT11FATUJIM This LICENSE AGREEMENT ("Agreement") is dated as of December 7th, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and REPUBLIC WASTE SERVICES OF SOUTFIERN CALIFORNIA, LLC, a Delaware limited liability company TUBA Republic Services ("Licensee"). A The City is the owner of that certain real property located at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, as more particularly described in Exhibit A, attached hereto and incorporated by reference ("License Area"). The Property is approximately 66,546 square feet in size. B. The License Area is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five (5) years of the date of this Agreement. While the license Area is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (M 1). C Licensee is a logistical and transportation services company who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RIP No. 21-097. D. Licensee desires to use the License Area for purposes of storing waste services trash bins, equipment and commercial vehicles during the License period ("Permitted Uses"), which is closely compatible to the permitted uses under the Light Industrial Use (MI) zoning designation described in Exhibit B, attached hereto and incorporate by reference. E The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. Tile City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on December 20, 2021 for the Permitted Uses described in Recital D, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until October 3 1 , 2022, unless extended in writing by Licensee and the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon sixty (60) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. The City shall have the right to enter the License Area for purposes of accessing the adjacent flood channel which is not a part of the License Area. City Council 11age I oJ �3 — 4 12/7/2021 2 Restoration and Clean th . At its sole cost, Licensee shall, after use of the License Area, restore the License Area to all acceptable condition, as determined by the City, leave the License Area in a neat and clean condition to the sole satisfactiori of tile City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph I above, and the License shall be extended to such titne for the limited purpose of allowing the cleartirig work to be completed. I Coml2liance %vith Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Maintenance. a, Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: i. Waste rnanagernent and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stonnwater by construction wastes and materials. ii, Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. iii. Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. iv. Pollution prevention practices shall be implemented. V. Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. vi. Erosion Control BMPs shall be implemented, as appropriate. vii. Wind erosion control BMPs (dust control) shall be implemented, as appropriate. viii. Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. For specific guidance reference, reference the Conso-action Runql ,f Guitleince Mcinual (Orange County Stormwater Program, December 2012) [littL)s:Hniedia.ocgov.coili/gov/pw/waterslieds/docLiiiients/biiin/constt-uctionactivities.as ] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. b. Licensee's, at its sole cost and expense, shall: i. Install and maintain an eight (8) foot high security 4D fence or comparable fence to provide security around the front perimeter of the License Area facing East Alton Avenue, and the rear perimeter of the License Area parallel to Highway 55. Fence shall secure the Property and serve as a visibility blocker for the License Area. Fencing shall mirror current fencing and remain after the termination of the Agreement for City use; ii. Grade/level the lot as flat as possible and add base rock in order to mininlize dirt track out. No dirt shall be removed from the License area during the City Council Page -1 ot 3 — 5 12/7/2021 grading/leveling work; iii. Install portable restroom facilities and hand wash stations; iv, Install two (2) rumble plates each eight (8) feet wide by ten (10) feet long; V. Maintain all of its stacked containers no more than 15 feet in height and must be kept 15 feet from all perimeter fencing. vi. Allow tile County of Orange and City access to the License Area as needed; and vii. Comply with all NPDES requirements, 5. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election and after reasonable written notice to Licensee, repair tile damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of.'written demand from City. 6 Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a monthly rate of $13,750, including, any extensions of the Agreement pursuant to Section 1. License fees for any partial month shall be pro -rated. K AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to, the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be oil the basis of Licensee's own investigation of tile condition of the License Area. The license to use the License Area shall be granted on all "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subJect to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a. Commercial General Liability insurance. Licensee shall maintain commercial general liability insurance which shall include, but riot be limited to, protection against claims City Council Page i 0 3 — 6 12/7/2021 arising from bodily and personal injury, including death resulting therefrom and damage to property,, resulting from any act or occurrence arising out of Licensee Pat -ties use of the License Area, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 peroccurrence, and $2,000,000 in the aggregate, Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributor), with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non -owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the: License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct Of a Covered Party, If any, action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery Under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall Survive the termination or expiration of this Agreement. 11. Miscellaneous. 11.1 Entire Agreement. Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers oftbe provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 11.2 Severability. If any term, provision, covenant, or condition of this Agreement is, held by a court of competent j urisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding, 11.3 No-Assigninent. Licensee shall not assign or transfer or otheiivise convey City Council Page 4 of' �3 — 7 12/7/2021 any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion, IIA Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this, Agreement arising out of or in connection with this Agreement, the prevailing pail), shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party, 11,6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement fi-orn one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service lor mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the tirne of'personal delivery or three (3) days after the deposit for mailing, Notices shall be sent to: If to Licensor: republic' aste Services of Southern California, LLC Attn: Dan Capener 1131 N. Blue Gurn Street Anaheim, CA 92806 With a copy to: Republic Waste Services of Southern California, LLC c/o Republic Services 18500 North Allied Way Phoenix, AZ 85054 Attn: Chief Legal Officer If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 11.8 Execution in CounteEpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. Electronic and email ".PDF" signatures of any party hereto shall be deemed originals. [Signatures on the following page] City Council Fate o3 — 8 12/7/2021 IN \AITNESS WHEREOF, City and Licensee have entered into this Agreement as ofthe day and year first written above. CITY OF SANTA ANA ATTEST Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvallio Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba EIxecutive Director Public Works Agency LICENSEE: Daisy Cornea Clerk of the Council REPUBLIC WASTE SERVICES OF SOUTHERN CALIFORNIA, LLC, a Delaware limited liability company ....... ... By: Name: Michael A. Caprio Title: Vice President City Council Page 6 ol'�3 — 9 12/7/2021 EXHIBIT A (PROPERTY DESCRIPTION) I'lie subject property consists of portion of dedicated unimproved Alton Avenue, which extends from Standard Avenue to the Newport Costa Mesa (State Route 55) Freeway right-of-way, within the City of Santa Ana. The site has a relatively long and narrow land configuration with 86,626 square feet of land area. 'I'he net usable land area, exclusive of that portion which lies within an unimproved flood channel, is estimated at 66,546 square feet. While the site is not located in a specific 7-one district, properties immediately surrounding the site are zoned for industrial use, TOTAL AREA - 86.626 S.F. A A . 2 5-00, L a 3;2 09, 3251, 6B T a 192 49' S85*2 *44'W CL ALTON'AVE, 06 -W 325.68, 1 ell S8 21 13-5 7 E POB < PCLI A 14'3'58" A IOMOO' PM9 4417 L V6. 19' City Council 23-10 12/7/2021 EXHIBIT B (PERMISSIBLE USES, OF PROPERTY) Im kg Planning and Building Ag�aroncy Planning Division 20 Civic Ccntmr Plaza P.0, Box 1999 (Mt-20) i, Santa Ana, CA 92702 (714) 647.5804 www.saanarw4naa.ot MI (LIGHT" INDUSTRIAL) Sec. 41-471. Applicability of division. fAl (light lndustn al) districts are specif"icaafly subject to the, regulations contained in this dmsion. Sec. 41-47Z Uses permitted in the M1 district. The follouvlirag uses art; perrnittud in Me MI district: (a) The cornpoundirqj, processing, or treatment of raaww or paovaoUsiy treated rraateriaats into as finished or semi -finished product, excluding those uses specified in section 4 f-488.8_ (b) the manufacture of product's from raw or previousty treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously heated materiats, excluding those uses specified in section 41.489.8. (d) The packaging or distribution of previously prepared products oa materials, excluding those uses specified in section 41-48�9 8. (e) Wholesale establishments where theprimary trade is busraess to business sale of products, suppWs, and equlprnent M Storage of prevmouasly prepared goods, products or rnateriap s for. eventual distribution or sales where the goods, products or materials are the property of the owner or Operator of the building oil structure, (g) Machine shop or other meta w"workir"Ng shops (h) W arurtaousing! (1) 1 mapound yards (storage only) wrath no office or dispatchmg operations 0) Laundry and day cleaning establishments era coniaunction with, plaint operation for such estatAshnaeni on the prenaises. (k) Saatdng estabbsti nd rats not Specified in sectmn 41472 5 (i) Research, laboratories th«'at do not goner'ate hazardous waste materials (rn) Service stations wwittt no more than two thousand (,040) square font of the gross floor area clevoted to non•nutornotive related product saaloS (n) Duck, boat and heavy equipment saalles, rentaap, and serene. raa'rb Gm Al City Council 23 — 11 12/7/2021 (o) Movie, photography, MUSICd Of video production studios. (111 BulkProducts sates (taw mly-five(25) cubic feel or greater)WhenSllch products are the primary sales activity, 01) PUbliC Utility SITUCILIreS (0 Blueprinting photoengraving, screen printing and other reproduaton processes. (S) Wholesale nursery andplanl storage. (11 Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and enginereplacennenl M Home Hiiproveme tit ware house store (kv) Sales of industrial products supplies and equipment Used for finat product T"nanLif-EXIMe. W LLJrnbe¢yard, including mill arid sash work if conducted entirely within an enclosedbuilding. (y) Recycling fadlities not in excess of forty-five thousand (45,000) gross square feet and "i compliance with section 41-1253 of this Code jndLjcfing; (1) Small collection facilities. (2) Large coffectionfacififies, (3) Liglit, process in g fad li ties, (z) Adult entertainment businesses, subject to compliance with the require rno of arlide XVI f of this chapter, (aa) Storzsgc,,a:nddistnbLIti0floftliazard0�LISniaterials, (bb) Passenger transportation services (Code 1952§ 9230281 Ord, No. NS-455, § 1, 6-2"30, Ord. No, NS- 976, § 1, a-1&69� Ord, No. NS-996, § 1, 12-15-69, Ord. No, NS-10,35, § 5, 9-8-70, Ord, No, NS-1036, § 7, 9-8-7Q Ord. No. NS-1080, § 3,5-- 17-71, Ord, No, NS-1123, § 7, 7-17-72, Ord. No, INS-1275, § 2,10-7- 14; Ord No, NS-1352; § 2,4-4-77d Ord, No. NS-1507, § 7 11-19-79, Ord, No, NS-1732, § 41, 6-25-84; Ord No, NS-1748, § 1 '10-1-&I; Ord No, NS-1834, § 1, 2-3-86: Ord. No. NS-1934, § 'l, 11-1&87: Ord, No, NS-2275, § 8, 12-18-95; Ord, No, NS-2306, § 1, 12-2-,%3„ Ord, No, NS-2333, § 1, 10-C�97, Ord, No. NS-2373C § 7, 12-7-98, Ord. No 11e'Aun 2 uJ 10 City Council 23-12 12/7/2021 NS-2443, § - ' 9-18'00, Ord No- NS--24 70 § 5 5.21 -01 Ord, tea S- 2494 § 8, 4-15-02) Sec 41 -472A . ArldIllary uses permitted in the Mi dis I rfct- The following asses are pernitRed when ancdlaiiy to any use permitted by section4l.472 or to any use pe rniMed subject to a conditional use permit (1) Administrative office use OOOJpyt rq up to thirty (30percent of 11he gross floor area (2) RodUC.t sates or sehlice uses 00CUPYlt)g Up 10 five (5) percent of the gross floor area (3) ChId care facilities occurylng up to thirty (30) percent of the gross Roar area provided, however that no con-bination, of uses permitted by this section shall exceed thirty (30) percerit or the gross floa area, (4) The outside storage of Class I and Class u u l i q uids (as defined it) ftle fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of lihe Code, as it may be amended from time to finier As used herein "lank"means a vessepcontammg more than sixty d6d)gailoris (S) Enclosed sto age where the goods, materials or supples stored are the property of itie, ower or opeata, of fihe building or structure occupying up to lhiidy 1,30)percent �11 I,,, "j I "Y VA T City Council 23-13 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Traffic Signal and Street Lighting Maintenance AGENDA TITLE Approve Agreement Amendments with Econolite Systems Inc. and California Professional Engineering Inc. for Traffic Signal and Street Lighting Maintenance RECOMMENDED ACTION 1. Authorize the City Manager to execute a first amendment to the agreement with Econolite Systems Inc. to expand the Traffic Signal maintenance scope of work and increase the expenditure amount by $825,000, for a total agreement amount not to exceed $4,200,000 for the remaining term of the agreement expiring July 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Authorize the City Manager to execute a first amendment to the agreement with California Professional Engineering Inc. to expand the Street Lighting maintenance scope of work and increase the expenditure amount by $360,000, for a total agreement amount not to exceed $2,619,184 for the remaining term of the agreement expiring October 1, 2024, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Econolite System Inc. and California Professional Engineering (CPE) Inc. provide electrical maintenance services for the City's Traffic Signal and Street Lighting Systems. There are two separate contracts, one for Traffic Signals and the other for Street Lighting. Although the contracts are separate, the scope of services of the two agreements are similar in nature providing preventative and emergency on -call maintenance services for the citywide electrical systems. The two maintenance programs were previously managed by separate sections within Public Works; however to improve efficiencies, both programs are now under the supervision of the Public Works - Traffic Engineering Section (now Traffic Signals and Street Lighting Division) as of the beginning of the current calendar year. By merging services, City Staff will be able to streamline repair services and improve emergency response time to unforeseen circumstances such as damages caused by City Council 24 — 1 12/7/2021 Amend Agreements for Traffic Signal and Street Lighting Maintenance December 7, 2021 Page 2 accidents or failure of major system components. Econolite Systems Inc. will continue to provide preventative and emergency on -call services for the Traffic Signal System but will now also provide Street Lighting emergency on -call maintenance services. CPE will focus on an expanded scope of services for on -call as needed maintenance repairs of the City streetlights. The added scope and funds, as requested, are needed to maintain responsiveness to the significant addition of approximately 7,500 street lights purchased from Southern California Edison. Background On July 2, 2019, the City Council authorized the City Manager to execute an agreement with Econolite System Inc. for a period of three-year period with provision for two one- year extensions. City Staff recommends increasing the total expenditure amount by $825,000 and exercising the available extensions, for a total agreement amount not to exceed $4,200,000 and term of the agreement expiring July 1, 2024. On October 12, 2019, the City Council authorized the City Manager to execute and agreement with California Professional Engineering Inc. for a period of three-year period with provision for two one-year extensions. City Staff recommends increasing the total expenditure amount by $360,000 and exercising the available extensions, for a total agreement amount not to exceed $2,699,684 and term of the agreement expiring October 1, 2024. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are available for expenditure in Fiscal Year 2021-22 and will be budgeted in subsequent fiscal years as shown below in the estimated spending plan: Econolite Systems Inc. Agreement Term (July 2, 2019, through July 1, 2022) Fiscal Accounting Fund Accounting Unit, Year Unit — Account No. Description Account Description Amount 2019-20 02917620- Traffic Signal Maintenance & Repair $675,000 62321 Maintenance Improvements 2020-21 01117630- Traffic Signal Maintenance & Repair $675,000 62321 Maintenance Improvements 2021-22 02917620- Traffic Signal Maintenance & Repair $675,000 62321 Maintenance Improvements Previously Approved Funding: $2,025,000 City Council 24 — 2 12/7/2021 Amend Agreements for Traffic Signal and Street Lighting Maintenance December 7, 2021 Page 3 First Amendment Fiscal Accounting Fund Accounting Unit, Year Unit — Description Account Description Amount Account No. 2021-22 02917620- Traffic Signal Maintenance & Repair $175,000 Dec.- June 62321 Maintenance Improvements 2021-22 01117630- Street Light Maintenance & Repair $100,000 Dec. -June 62321 Maintenance Improvements Amended FY 2021-22 Funding: $275,000 3-Year Agreement Term - SUBTOTAL: $2,300,000 Optional Extension Period (Ju►y 2, 2022, through July 1, 2024) 2022-23 02917620- Traffic Signal Maintenance & Repair $675,000 62321 Maintenance Improvements 2023-24 02917620- Traffic Signal Maintenance & Repair $675,000 62321 Maintenance Improvements 2-Year Extension Funding (Previously Approved) - SUBTOTAL: $1,350,000 First Amendment 2022-23 02917620- Traffic Signal Maintenance & Repair $175,000 62321 Maintenance Improvements 2022-23 01117630- Street Light Maintenance & Repair $100,000 62321 Maintenance Improvements 2023-24 02917620- Traffic Signal Maintenance & Repair $175,000 62321 Maintenance Improvements 2023-24 01117630- Street Light Maintenance & Repair $100,000 62321 Maintenance Improvements Amended 2-Year Extension Funding - SUBTOTAL: $550,000 2-Year Optional Extension Period - SUBTOTAL: $1,900,000 AGREEMENT TOTAL: $4,200,000 California Professional Engineering Inc. Agreement Term (October 2, 2019 through October 1, 2022) Fiscal Accounting Fund Accounting Unit, Year Unit — Description Account Description Amount Account No. 2019-20 01117630- Street Light Maintenance & Repair $1,247,684 Oct. - June 62321 Maintenance Improvements 2020-21 01117630- Street Light Maintenance & Repair $250,000 Jul -June 623: Maintenance Improvements City Council 24 — 3 12/7/2021 Amend Agreements for Traffic Signal and Street Lighting Maintenance December 7, 2021 Page 4 California Professional Engineering Inc. Fiscal Accounting Fund Accounting Unit, Year Unit — Description Account Description Amount Account No. 2021-22 01117630- Street Light Maintenance & Repair $250,000 Jul - June 62321 Maintenance Improvements 2022-23 01117630- Street Light Maintenance & Repair $62,500 July -Sept 62321 Maintenance Improvements Previously Approved Funding: $1,810,184 First Amendment 2021-22 01'1T 6 0- Street Light Maintenance & Repair $120,000 Dec —June 62321 Maintenance Improvements Amended FY 2021-22 Funding: $120,000 3-Year Agreement Term - SUBTOTAL: $1,930,184 Optional Extension Period (October 2, 2022, through October 1, 2024) 2022-23 01117630- Street Light Maintenance & Repair $187,500 Oct. - June 62321 Maintenance Improvements 2023-24 01117630- Street Light Maintenance & Repair $250,000 July - June 62321 Maintenance Improvements 2024 01117630- Street Light Maintenance & Repair $12,000 July - Sept 1 62321 1 Maintenance I Improvements 2-Year Extension Funding (Previously Approved) - SUBTOTAL: $499,500 First Amendment 2022-23 01117630- Street Light Maintenance & Repair $30,000 July — Sept 62321 Maintenance Improvements 2022-23 01117630- Street Light Maintenance & Repair $90,000 Oct. - June 62321 Maintenance Improvements 2024 01117630- Street Light Maintenance & Repair $120,000 July - June 62321 Maintenance Improvements Amended 2-Year Extension Funding - SUBTOTAL: $240,000 2-Year Optional Extension Period - SUBTOTAL: $689,500 AGREEMENT TOTAL: $2,619,684 EXHIBIT(S) 1. First Amendment to Agreement Econolite Systems, Inc. 2. First Amendment to Agreement California Professional Engineering, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency City Council 24 — 4 12/7/2021 Amend Agreements for Traffic Signal and Street Lighting Maintenance December 7, 2021 Page 5 Approved By: Kristine Ridge, City Manager City Council 24 — 5 12/7/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE TRAFFIC SIGNAL SYSTEM MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 7, 2021, by and between Econolite Systems, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-101, dated July 2, 2019, by which Contractor agreed to provide preventative and extraordinary maintenance services for the citywide Traffic Signal System ("Agreement"). B. The Agreement remains in effect through July 1, 2022, with provision for extension. C. The parties now wish to modify the scope of services, increase the annual sum to be expended under the Agreement, and exercise the options to extend the Agreement. The Parties therefore agree: Section 1, Scope of Services, is amended to include Contractor's provision of immediate or temporary repairs to City owned series and multiple street light pole or service knock downs or damage caused by vehicle collision, acts of God, vandals, or as required because of a public safety hazard. Contractor shall respond to emergency calls when directed by the City and dispatch high voltage technician and equipment. Contractor shall be compensated for the emergency street light work at the rates set forth in Exhibit B of the Agreement for Extraordinary Maintenance. 2. Section 2.a., Compensation, is amended to increase the total annual sum to be expended under the Agreement by $275,000 for the current annual period and all remaining annual periods. 3. Section 3, Term, is amended to extend the term of the Agreement through July 1, 2024. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager City Council 'A-6 12/7/2021 APPROVED AS TO FORM Sonia R. Carvalho City Attorney ByJ John M.Funk Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONTRACTOR By: Kirk T Steudle Title: Sr Vice President - Systems City Council 'A-7 12/7/2021 FIRST AMENDMENT TO AGREEMENT TO PROVIDE STREET LIGHT MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 7, 2021, by and between California Professional Engineering, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2019-174, dated October 2, 2019, by which Contractor agreed to provide street light maintenance services ("Agreement"). B. The Agreement remains in effect through October 1, 2022, with provision for extension. C. The parties now wish to increase the annual sum to be expended under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total annual sum to be expended under the Agreement by $120,000 for the current annual period and all remaining annual periods. 2. Section 3, Term, is amended to extend the term of the Agreement through October 1, 2024. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: . Johri M.Funk Senior Assistant City Attorney CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR B - Van Ngu en Title: President City Council 4 — 8 12/7/2021 RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency City Council 4 — 9 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: SCE Streetlight LED Conversion AGENDA TITLE: Approve an Agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Southern California Edison, for Schedule LS-1 Option E, Energy Efficiency — Light Emitting Diode (LED) Fixture Replacement Rate Agreement, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Southern California Edison (SCE) owns and maintains approximately 3,690 of the street lights throughout the Santa Ana, along residential and arterial streets. These street lights presently utilize high pressure sodium (HPS) lamps, which are a common technology for outdoor lighting uses. The utility charges a monthly fee, known as an LS-1 tariff, to provide electricity, as well as operations and maintenance for each fixture. SCE, as the owner, provides for all maintenance, including lamp replacements, troubleshooting, and replacement following knockdowns. SCE offers an LS-1 Option E tariff program (Option E program) to retrofit current HPS street lights to LED. LED lamps can produce light as much as two times more efficiently than HPS lights, leading to lower electricity use, lower greenhouse gas emissions, and lower electricity costs. Under the Option E program, the City of Santa Ana could enter into an agreement with SCE that funds the retrofit of the lights with an Energy Efficiency Premium Charge (EEPC) that would be added to the existing City street lighting bill. The reduced electricity costs would fund the EEPC and provide additional cost savings to the City of Santa Ana of approximately $73,457 per year. Staff recommends approving the LS-1 Option E agreement (Exhibit 1) with Southern California Edison for retrofit of Utility -owned High Pressure Sodium Vapor (HPS) Street Lights citywide to LED technology. City Council 25 — 1 12/7/2021 SCE Streetlight LED Conversion December 7, 2021 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Southern California Edison will convert 3,690 utility -owned street lights to LED. SCE will furnish all materials and labor to complete the lighting retrofits. SCE would recover these costs through amortizing those costs in the form of the Energy Efficiency Premium Credit (EEPC) on the City's monthly electricity bill over the course of 20 years. The monthly cost of the EEPC will be $6,121. Despite the addition of the EEPC to fund the retrofits, the reduced electricity consumption would still lead to the City saving money on a monthly basis. Based on the current rates, SCE projects the City would reduce electricity charges by $14,945 per month. When factoring in the addition of the EEPC, the City could expect to realize $8,824 in monthly cost savings as shown below: Estimated Monthly Energy Cost Savings $14,945 Estimated EEPC Charge $6,121 Net Monthly Savings $8,824 At the conclusion of the EEPC payback period (20 years), it is estimated that the annual cost savings will increase to $14,945 per month, assuming electricity rate increases are consistent with historic averages. Should electricity rates increase at a greater rate, there is a potential for greater cost savings. Cost savings would be credited to Public Works Street Light Maintenance Account No. 01117630-62000. EXHIBIT(S) 1. Agreement with Southern California Edison Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 25 — 2 12/7/2021 EDISON Southern Ca lifornia Edison Original Cal. PUC Sheet No. 57074-E Rosemead, California (U 338-E) Cancelling Cal. PUC Sheet No. Sheet 1 SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT Form 14-965 Advice 3241-E R.O. Nichols Date Filed Jun 30, 2015 Decision 14-10-046 Senior Vice President Effective Jun 1. 2016 Gity Council 25 — 3 Resolutiol'2/7/2021 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT This Schedule LS-1 Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement Rate Agreement (Agreement), effective this day of , (Effective Date), is entered into between Southern California Edison Company (SCE) and City of Santa Ana , an SCE customer taking service on Schedule LS-1 (Applicant), referred to collectively as "Parties," and individually as "Party." This Agreement provides for SCE, at Applicant's request, to replace the existing street lighting fixtures serving Applicant's premises with Light Emitting Diode (LED) street lighting fixtures to achieve energy efficiency benefits for Applicant, as set forth in Special Condition 14, Option E, Energy Efficiency -Light Emitting Diode (LED) Fixture Replacement, of Schedule LS-1. The Parties agree as follows: LED FIXTURES SCE shall install, own, operate, and maintain LED Fixtures for Applicant as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. The LED Fixtures provided hereunder shall at all times remain the property of SCE. 2. LED FIXTURE REPLACEMENT COSTS 2.1 The replacement costs of the LED Fixtures provided hereunder shall be borne by Applicant. 2.2 Applicant shall pay the charge for the LED Fixtures Replacement rate, which includes an Energy Efficiency Premium Charge (EEPC) and a Base LED Charge, under Option E of Schedule LS-1. Applicant elects Option E in lieu of an upfront, one-time payment of the replacement costs. 2.3 SCE does not guarantee that any energy or bill savings will accrue to Applicant as a result of the LED Fixture replacements. 3. COMMENCEMENT OF SERVICE The Parties agree that SCE has the right to charge Applicant, and Applicant has an obligation to pay SCE, for the charges set forth in Schedule LS-1, Option E, commencing on the date SCE begins serving the LED Fixtures installed pursuant to this Agreement. 4. TERM AND TERMINATION 4.1 This Agreement shall be effective as of the Effective Date and shall continue for a term of twenty (20) years from the commencement of service as specified in Section 3 above (Term). 4.2 Applicant may terminate this Agreement at any time during the Term upon a thirty (30) - day advance written notice, provided that Applicant, prior to or within the 30-day advance notice period, assigns the Agreement to any New Party In (NPI) that owns, rents or leases the premises served by the street lighting fixtures replaced under this Agreement and will take service under Option E of Schedule LS-1 effective as of the date of termination; otherwise, Applicant shall pay a one-time termination charge equal to the present value of the balance of the EEPC of Option E over the remaining Term. The present value is determined based on SCE's authorized rate of return on rate base, or discounted rate of 7.90%. o6i2,)tt;uncil 25 — 4 12/7/2021 1 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 5. AMENDMENTS; ASSIGNMENTS 5.1 Any changes or amendments to this Agreement must be in writing and must be executed by the Applicant and SCE and, if required, be approved by the California Public Utilities Commission (Commission). 5.2 Applicant shall not assign this Agreement without the prior written consent of SCE; provided, however, that Applicant may assign the Agreement pursuant to the terms and conditions of Section 4.2 above, and the NPI must assume all rights and obligations under this Agreement for the remaining Term. Any assignment and assumption shall be in a form acceptable to SCE. 6. NOTICE Any notice either Applicant or SCE may wish to provide the other regarding this Agreement must be in writing. Such notice must be either hand -delivered or sent by U.S. certified or registered mail, postage prepaid, to the person designated to receive notice for the other Party below, or to such other address as either may designate by written notice. Notices delivered by hand shall be deemed effective when delivered. Notices delivered by mail shall be deemed effective when received, as acknowledged by the receipt of the certified or registered mailing. Applicant: SCE: Executive Director (Name) Business Customer Division Public Works Agency (Title) Southern California Edison Company 20 Civic Center Plaza 2244 Walnut Grove Avenue (Address) Rosemead, CA 91770 Santa Ana, CA, 92702 (City, State, Zip) 7. NONWAIVER The failure of either Party to enforce any of the terms and conditions or to exercise any right or privilege in this Agreement shall not be construed as a waiver of any such term and conditions or rights or privileges, and the same shall continue and remain enforce and effect as if no such failure to enforce or exercise had occurred. 8. SEVERABILITY In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by the Commission, or any court of competent jurisdiction, the validity and enforceability of the remaining provisions or any portion thereof shall not be affected. 9. APPLICABLE LAWS, RULES, AND REGULATIONS This Agreement shall be subject to, and interpreted under the laws, rules, decisions and regulations of the State of California, without regard to its conflict of laws principles, the Commission, and SCE's Commission -approved tariffs. 06�2,)tt;uncil 25 — 5 12/7/2021 2 SOUTHERN CALIFORNIA EDISON COMPANY SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT RATE AGREEMENT 10. CALIFORNIA PUBLIC UTILITIES COMMISSION JURISDICTION 10.1 This is a filed form tariff agreement authorized by the Commission for use by SCE. No officer, inspector, solicitor, agent or employee of SCE has any authority to waive, alter, or amend any part of this Agreement except as provided herein or authorized by the Commission. This Agreement is to be used in conjunction with Schedule LS-1 and supplements the terms and conditions of the Applicant's electric service under Schedule LS-1. 10.2 This Agreement shall at all times be subject to such changes or modifications by the Commission as said Commission may, from time to time, direct in the exercise of its jurisdiction. 10.3 Notwithstanding any other provisions of this Agreement, SCE has the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, or rule or any agreement relating thereto. 11. ENTIRE AGREEMENT This Agreement, including SCE's Commission -approved tariffs, constitutes the complete agreement and understanding between the Applicant and SCE regarding the LED Fixtures replacement costs. Prior agreements, representations, understandings, whether expressed or implied, and communications, oral or written, between the Applicant and SCE shall not be construed to be a part of this Agreement. 12. AUTHORIZATION SIGNATURE In witness whereof, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives. APPLICANT BY: City of Santa Ana NAME: TITLE: City Manager DATE SIGNED: AWWWWASTOFORM SOUTHERN CALIFORNIA EDISON COMPANY J- AssistotCityA uerwy BY: NAME: TITLE: DATE SIGNED: 0orrrpI t;uncil 25 — 6 12/7/2021 3 SOUTHERN CALIFORNIA EDISON COMPANY EXHIBIT "A" SCHEDULE LS-1 OPTION E, ENERGY EFFICIENCY -LIGHT EMITTING DIODE (LED) FIXTURE REPLACEMENT APPLICANT City of Santa Ana CUSTOMER ACCOUNT NO. 700258790384 SERVICE ACCOUNT NO. 48990787,8001446061,8002377986,8002535760,8002814042 (Additional account numbers/addresses may be attached hereto.) SERVICE ADDRESS APPLICANT REQUESTED READY TO SERVE DATE ASAP SCE READY TO SERVE DATE DESCRIPTION OF LED FIXTURES/SCOPE OF WORK: SPECIFY HOW MANY STREET LIGHTING FIXTURE REPLACEMENTS ARE BEING REQUESTED AND AGREED TO UNDER THIS AGREEMENT AND OTHER RELEVANT DETAILS. W.O. No(s): Forry )�Nuncil 25 — 7 12/7/2021 4 M..M,."MYFfl..IEhJ11 �aAhJ..I/M,.;M %RM,."MPFU...AV?iY Y11::O.,ABM,.MNJ OFSOURH...VJM...AVOHa...INNSM,.MJAhJN..I1M,.;M7„ M'...S II O11711...11?„." O, VE11YE11ORS. II UBL..IIM'... IL.IWSM'...L..OS.I: IS Ih.m.l: S II i.m".IM'...TCIL.Iu. CUSTOMER NAME SANTA ANA, CITY OF Customer Number: 3-000-0071-30 Lamp Wattage Lamp Count EEP Per Month* Estimated Monthly Savings 50 Watt 33 $1.42 $47 70 Watt 137 $1.48 $203 100 Watt 2,383 $1.55 $3,694 150 Watt 210 $1.67 $351 200 Watt 871 $1.93 $1,681 250 Watt 24 $2.26 $54 400 Watt 32 $2.88 $92 Total 3,690 $6,121 Estimated Additional Monthly Savings After 20 Years: $6,121 Estimated Additional Annual Savings After 20 Years: $73,457 Estimated Annual Savings During 20 Year Repayment: $179,342 Estimated Annual Savings Post 20 Repayment: $252,799 *EEP (Energy Efficiency Premium) is based on rate factors effective 1/1/2021 This analysis is provided to help you evaluate your current Southern California Edison (SCE) bill and/or compare your projected bills to other SCE rate options. These results are based on your past usage and/or assumptions about your energy usage and cannot be guaranteed by SCE. This rate analysis may not reflect all of the rate options that are available to you as an SCE customer. Your actual bills will vary from this analysis due to changes to your actual usage and assumptions such as operating hours, the equipment you use, WAR charges, weather patterns, service voltage, firm service levels, taxes, and added facilities charges. Moreover, the rate options used in this analysis are subject to change by the California Public Utilities Commission (CPUC), which would also alter the outcome of this analysis. If your current rate schedule becomes unavailable — either by action of the CPUC or because you are no longer eligible to be placed on the rate — you will be notified of your rate options. If you do not select a different applicable rate option at that time, you will be placed on a default rate schedule. City Council 25-8 12/7/2021 SCE, Confidential Post EEP Template_02.01.21.xlsx 4/29/2021 ( Ni III .� E N 'Mi .� �,� �'�'� f IIY f "ii �" 'Mi III p �i III; iilK�' ..� III. f W, '.'° III f 'Mi ��..!�..�� i� III III IIL)IIL. i�� � IIL. � i� L)�..�A'' III, III �,�..�� III il"�i, III L.� III, I� III i� III �..�� III, � � �!�..�� i� !�..�� III ,.,i !�..�� L.�� III IIL. III, i� ��..,,� IIL. � III �..�� III, i� III � �i IIY �i �INf .�"� w'll'"1A'I �ii,lil ��.w� ��ii',lil w'll'"1A'I ���� � �ii,lil w'll�.�,� � .'��I'"1A'I �� �ii',lil � � All :'�i� ��.w II�IIL..III�,III,. ....,...II�IIL.III�,.. ..111�,�111..11�IIL ..III,.. III ..IILIIL.�.. IIL�,.....,...III�,IIL.IIh. III�,IIL.,.III�,III..III. CUSTOMER NAME SANTA ANA, CITY OF Customer Number: 3-000-0071-30 Lamp Wattage Lamp Count Estimated High Pressure Sodium Vapor (HPSV) Annual Costs Estimated Light Emitting Diode (LED) Annual Costs Estimated Annual Savings 60 Watt 33 $4,819 $4,674 $246 70 Watt 137 $22,342 $19,991 $2,361 100 Watt 2,383 $442,666 $369,462 $83,214 160 Watt 210 $60,702 $38,203 $12,499 200 Watt 871 $244,677 $170,681 $73,896 260 Watt 24 $7,834 $6,764 $2,079 310 Watt 0 $0 $0 $0 400 Watt 32 $14,100 $9,043 $6,067 Total 3,690 $787,041 $607,698 $179,342 This analysis is provided to help you evaluate your current Southern California Edison (SCE) bill and/or compare your projected bills to other SCE rate options. These results are based on your past usage and/or assumptions about your energy usage and cannot be guaranteed by SCE. This rate analysis may not reflect all of the rate options that are available to you as an SCE customer. Your actual bills will vary from this analysis due to changes to your actual usage and assumptions such as operating hours, the equipment you use, kVAR charges, weather patterns, service voltage, firm service levels, taxes, and added facilities charges. Moreover, the rate options used in this analysis are subject to change by the California Public Utilities Commission (CPUC), which would also alter the outcome of this analysis. If your current rate schedule becomes unavailable — either by action of the CPUC or because you are no longer eligible to be placed on the rate — you will be notified of your rate options. If you do not select a different applicable rate option at that time, you will be placed on a default rate City Council 25 — 9 12/7/2021 SCE, Confidential HPSV Template_02.01.21.xlsx 4/29/2021 Public Works Agency www.santa-ana.org/pw Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Grant Application for Solar Power Project AGENDA TITLE: Adopt a Resolution Authorizing a Grant Application Submission for the Bureau of Reclamation WaterSMART Water and Energy Efficiency Grant for the Generation of Solar Power at Garthe and West Pump Station Facilities Project (Non -General Fund) RECOMMENDED ACTION Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit a grant application to the U.S. Department of the Interior, Bureau of Reclamation's Sustain and Manage America's Resources for Tomorrow Water and Energy Efficiency Grant Program for the Generation of Solar Power at Garthe and West Pump Station Facilities Project, in an amount up to $2,000,000. DISCUSSION The Public Works Agency's Water Resources Division purchases approximately 18,000,000 kilowatt hours (kWh) of electrical power each year to operate well pumps and booster pumps to deliver potable water to the City of Santa Ana water customers. In February 2019, the City approved a Water Systems Alternative Energy Feasibility Study, which included an evaluation of installing on -site renewable energy systems to offset some of the City's electrical load, lower electric bills, and reduce the associated greenhouse gas (GHG) emissions. The renewable energy resources that were evaluated included installing solar photovoltaic modules at six locations, including the Garthe and West pump station/reservoir facilities. Preliminary designs were undertaken to determine the anticipated rate tariff, total system size, annual performance projections, and relative load offset for each. The results concluded that installation of solar photovoltaic modules at Garthe and West stations would result in annual savings of approximately $77,945 in energy costs. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grant Program for this type of project. The program provides two levels of funding and up to a maximum of City Council 26 — 1 12/7/2021 Grant Application for Solar Power Project December 7, 2021 Page 2 $2,000,000 in grant funding, but not to exceed 50 percent of the total project cost. If the grant application (Exhibit 1) is successful, the grant funding would offset up to half of the estimated $2,936,000 total project cost. The Resolution (Exhibit 2) authorizes staff to submit the application. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. EXHIBIT(S) 1. Grant Application 2. Resolution Authorizing Grant Application for Project Generation of Solar Power at Garthe and West Pump Station Facilities Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 26 — 2 12/7/2021 EXHIBIT 1 OMB Number: 4040-0004 Expiration Date: 12/31/2022 Application for Federal Assistance SF-424 1. Type of Submission: ❑ Preapplication ® Application ❑ Changed/Corrected Application ' 2. Type of Application: ' If Revision, select appropriate letter(s): ® New ❑ Continuation ' Other (Specify): ❑ Revision 3. Date Received: 4. Applicant Identifier: Completed by Grants.gov upon submission. 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: • a. Legal Name: City of Santa Ana • b. Employer/Taxpayer Identification Number (EIN/TIN): ' c. Organizational DUNS: 0831532470000 95-6000785 d. Address: 'Street1: 220 S. Daisy Ave Street2: • City: County/Parish: Santa Ana Choose State... 'State: CA: California Province: • Country: USA: UNITED STATES • Zip / Postal Code: 92 7 0 3- 9 0 0 0 e. Organizational Unit: Department Name: Division Name: f. Name and contact information of person to be contacted on matters involving this application: Prefix: Middle Name: ' First Name: Rudy Last Name: Rosas Suffix: Title: principal Civil Engineer Organizational Affiliation: City of Santa Ana • Telephone Number: 714-647-3379 Fax Number: • Email: rros s to-ana. org PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: Other (specify): * 10. Name of Federal Agency: Bureau of Reclamation 11. Catalog of Federal Domestic Assistance Number: 15.507 CFDA Title: WaterSMART (Sustain and Manage America's Resources for Tomorrow) * 12. Funding Opportunity Number: R22AS00023 * Title: WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2022 13. Competition Identification Number: R22AS00023 Title: WaterSMART Grants: Water and Energy Efficiency Grants for Fiscal Year 2022 14. Areas Affected by Project (Cities, Counties, States, etc.): Add Attachment DcMeMacVu Mew Macho enc * 15. Descriptive Title of Applicant's Project: Generation of Solar Power at Garthe and West Pump Station Facilities Project Attach supporting documents as specified in agency instructions. Add Attachments t eMe MachoMew Machorrrocu��s City Council 26 — 4 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant CA-4 6 ' b. Frog ra m/ Project CA-4 6 Attach an additional list of Program/Project Congressional Districts if needed. Add Attachment DeMeMacho enc Vew acho enc 17. Proposed Project: *a. Start Date: Ol/30/2022 ' b. End Date: 12/31/2023 18. Estimated Funding ($): * a. Federal 1,467,704.001 * b. Applicant 1,467,704.00 * c. State 0 . 0 0 *d. Local 0.00 * e. Other 0 . 0 0 *f. Program Income 0.00 *g.TOTAL F 2,935,408.00 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ® b. Program is subject to E.O. 12372 but has not been selected by the State for review. ❑ c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach �1ddMacho enc DcMeMacho enc VLew acho enc 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® **IAGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix: * First Name: Rudy Middle Name: * Last Name: Rosas Suffix: *Title: principal Civil Engineer *Telephone Number: 714-647-3379 Fax Number: *Email' rrosas@santa-ana.org * Signature of Authorized Representative: completed by Grants.gov upon submission. * Date Signed: iCompleted by Grants.gov upon submission. City Council Lb — b 12l/I21LIL-1 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013 Expiration Date: 02/28/2022 1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type: a. contract a. bid/offer/application ® a. initial filing ® b. grant ® b. initial award b. material change c. cooperative agreement ❑ c. post -award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: ®Prime F]SubAwardee Name City of Santa Ana Street 1 Street 2 220 S. Daisy Ave 'City State zip Santa Ana CA: California 92703-9000 Congressional District, if known: CA-46 5 III infity IIIII51 lilo.,11 Is Siii 3m,Wwr111fi1.11^il°° q :Until° M lilami it ani.11 Ail fillliiril:, s of I.IIlflllll e. 6. * Federal Department/Agency: 7. * Federal Program Name/Description: Bureau of Reclamation WaterSMART (Sustain and Manage America's Resources for Tomorrow) CFDA Number, dapplicable: 15.507 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant: Prefix First Name N/A Middle Name 'Last Name N/A Suffix Street 1 N/A Street 2 'City N/A State zip b. Individual Performing Services (including address ifdifferentfromNo. 10a) Prefix First Name N/A Middle Name Last Name N/A Suffix Street 1 N/A Street 'City N/A State zip 11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. * Signature: Completed on submission to Grants. gov *Name: Prefix First Name Middle Name Rudy 'Last Name Suffix Ho sass Title: Principal Civil Engineer Telephone No.: F Date: Completed on submission to Grants. gov Authorized for Local Reproduction PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 ATTACHMENTS FORM Instructions: On this form, you will attach the various files that make up your grant application. Please consult with the appropriate Agency Guidelines for more information about each needed file. Please remember that any files you attach must be in the document format and named as specified in the Guidelines. Important: Please attach your files in the proper sequence. See the appropriate Agency Guidelines for details. 1) Please attach Attachment 1 FG 2 SA solar WEEG FY22 App fi Add M,cV':o ent Delete Attachment View Attachment 2) Please attach Attachment 2 Appendix B - Renewable Gener Add &acV':o enc Delete Attachment View Attachment 3) Please attach Attachment 3 Appendix D -Drought Action P Add Mac tachment View Attachment 4) Please attach Attachment 4 SF 424 solar Tier 2 WEEG cit Add MacV':urrro tachment View Attachment 5) Please attach Attachment 5 SF 424d-f solar WEEG Well 38 Add Mach,rrro Attachment View Attachment 6) Please attach Attachment 6 SFLLL Solar Well 38 city of Add Mach,rrro Attachment View Attachment 7) Please attach Attachment 7 FG2 SF 424c Solar WEEG city Add Mach,rrro Attachment View Attachment 8) Please attach Attachment 8 Add Attachment t eMe MacV:o enc Mew MacV:o enc 9) Please attach Attachment 9 Add Attachment t eMe MacV:o enc Mew MacV:o enc 10) Please attach Attachment 10 Add Attachment t eMe MacV:o enc 1/u�:o enc 11) Please attach Attachment 11 Add Attachment t eMe MacV:o enc 1/u�:o enc 12) Please attach Attachment 12 Add Attachment t eMe MacV:o enc 1/u�:o enc 13) Please attach Attachment 13 Add Attachment t eMe MacV:o enc 1/u�:o enc 14) Please attach Attachment 14 Add Attachment t eMe MacV:o enc 1/u�:o enc 15) Please attach Attachment 15 Add Attachment t eMe MacV:o enc 1/u�:o enc City Council 26-7 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 1 1 1 WaterSRAAIIT�� Water and Energy Efficiency Grants for 1IIIY2022 1122AS00023 Prepared For: Bureau of Reclamation Financial Assistance Operations Attn: NOFO Team k...1 , ii �i „�„u P.O. Box 25007, MS 84-27133 Denver, CO 80225 1' unding Group 11 Submitted By: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Nabil Saba, Water Resources Manager 714-647-3378 VAlicluilernbeir 31F 'A 16", i ' City Council 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump StationFacilities Project Bureau of Reclamationate Energy and Efficiency Grant FY2022 Talble of in't in,t Standard Form 424 Application for Federal Assistance......................................Separate Submission Standard Form 424C Construction Program Budget Information .....................Separate Submission Standard Form 424D Construction Program Assurances...................................Separate Submission SF-LLL Disclosure of Lobbying Activities................................................................Separate Submission SECTION 1: TECHNICAL PROPOSAL................................................................................................. 1 A. Executive Summary.......................................................................................................... 1 B. Project Location................................................................................................................... 1 C. Technical Project Description.............................................................................................. 2 D. Evaluation Criteria............................................................................................................ 4 D. 1. Evaluation Criterion A — Quantifiable Water Savings............................................................................. 4 D. 2. Evaluation Criterion B—Renewable Energy............................................................................................. 5 D.3. Evaluation Criterion C—Sustainability Benefits....................................................................................... 9 D. 4. Evaluation Criterion D—On-Farm Irrigation Improvements.................................................................. 20 D. 5. Evaluation Criterion E—Planning and Implementation......................................................................... 20 D.6. Evaluation Criterion F—Collaboration................................................................................................... 24 D.7. Evaluation Criterion G— Additional Non -Federal Funding.................................................................... 25 D.8. Evaluation Criterion H— Nexus to Reclamation.................................................................................... 26 E. PERFORMANCE MEASURES............................................................................................... 26 SECTION 2: PROJECT BUDGET....................................................................................................... 27 A. Standard Form 424 Budget Information........................................................................ 27 B. Funding Plan and Letters of Commitment......................................................................... 27 C. Budget Proposal................................................................................................................. 28 D. Budget Narrative............................................................................................................ 28 SECTION 3: ENVIRONMENTAL AND CULTURAL RESOURCES COMPLIANCE ................................. 30 SECTION 4: REQUIRED PERMITS OR APPROVALS......................................................................... 32 SECTION 5: LETTERS OF SUPPORT................................................................................................ 33 SECTION 6: OFFICIAL RESOLUTION............................................................................................... 34 SECTION 7: UNIQUE ENTITY IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT .................. 37 APPENDICES.................................................................................................................................. 38 Appendix A: Santa Ana Climate Action Plan................................................................................. 39 Appendix B: Water Systems Alternative Energy Feasibility Study ................................................ 40 Appendix C: Santa Ana Water Shortage Contingency Plan.......................................................... 41 Appendix D: Santa Ana Drought Action Plan................................................................................ 42 City Council 26-9 12/7/2021 11 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project BureauReclamation Water Energy and Efficiency Grant F 2 22 Appendix E: Santa Ana Water Master Plan.................................................................................. 43 Appendix F: Santa Ana 2020 Urban Water Management Plan .................................................... 44 Table of Tables Table1. Project Schedule.............................................................................................................. 24 Table 2. Non- Federal Funding Summary..................................................................................... 26 Table 3. Total Project Costs by Source.......................................................................................... 27 Table 4. Summary of Non -Federal and Federal Funding Sources ................................................ 27 Table5. Project Budget................................................................................................................. 28 Table of Figures Figure 1. Garthe and West Pump Station Facilities Location Map ................................................. 2 Figure 2. West Sacramento Water District Solar Project Example ................................................. 3 Figure 3. Orange County Drought Map......................................................................................... 12 Figure 4. Western United States U.S. Drought Monitor Map ....................................................... 13 City Council 26 — 10 12/7/2021 111 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Garthe one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 A. &ecutive Summary Date: November 3, 2021 Applicant Name: City of Santa Ana City: Santa Ana Project Length of Time: 10 Months (Construction) County: Orange Estimated Completion Date: Dec. 2023 State: California Located on a Federal Facility: No The City of Santa Ana is a Category A applicant. Project Summary The City of Santa Ana Public Works Agency (the City) purchases 18,000,000 kilowatt hours (kWh) of electrical power each year to operate well pumps and booster pumps to deliver potable water to 44,565 customer meters. The proposed Solar Power Generation at the Garthe and West Pump Stations Project ("Project") will create a renewable energy system at two of the City's pump station/reservoir facilities to offset some of the electric load, reduce the associated greenhouse gas (GHG) emissions and lower the City's electric bill. This solar power will be generated by mounting photovoltaic (PV) modules on top of water storage reservoirs at the Garthe and West Pump Station facilities. The Project is expected to generate an estimated additional 1,316,942 kWh annually, reducing the associated Greenhouse Gas emissions and demonstrating significant progress toward achieving the 2015 City of Santa Ana Climate Action Plan (Appendix A) goal to reduce carbon dioxide equivalent (CO2e) 30% by the year 2020 and 40% by 2035, relative to the 2008 baseline. This renewable energy source is expected to result in an annual savings of approximately $77,945, which will be used by the City to invest in future solar/energy efficiency projects (such as battery storage) at City facilities. The Project is also expected to enhance water reliability and improve water conservation management by reducing the amount of water consumed during energy production, saving an estimated 101.4 acre feet per year (AFY) of water. B. oje"ct Locatiori The proposed Project is located in City of Santa Ana in Orange County, California, approximately 30 miles southeast of Los Angeles. The City of Santa Ana is bounded on the north by the Cities of Garden Grove and Orange, on the east by the Cities of Tustin and Irvine, on the south by the City of Costa Mesa, and on the west by the Cities of Westminster and Fountain Valley. The Garthe Pumping station is located at 2401 N. Bristol Ave, Santa Ana, CA 92706 and has a latitude of 330 46' 6.477"N and a longitude of -1170 53' 3.1668"W. The West Pump Station is located at 201 S. Mountain View Ave., Santa Ana, CA 92704 and has a latitude of 330 44' 36.8406"N and longitude of -1170 55' 36.8862"W, as shown on Figure 1 (below). City Council 26 — 11 12/7/2021 1 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 mg,, Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Frcgure .2. Garthe and West Pump .Station Facilities Location Map Legend Gktrtho f*ai np 8tatfnar 7 J w antf"umpStation r Orange Kfut`;)t,ieP r_J city of Santa Ana Boundary S. � 4F sa rl" e Cot uty Crew Sarda Arsa 1j 'eh"l°nitph,'Q One ake r, ti�zm r 17, 4%f 3yMe .. C. Techrdayl Project Descriptiori The City of Santa Ana (City) currently purchases 18 million kilowatt hours (kWh) of electricity each year to operate water well pumps and booster pumps to deliver potable water to its customers. In February 2019, the City approved a "Water Systems Alternative Energy Feasibility Study" ("NAM Study") prepared by Newcomb Anderson McCormick (NAM), a Willdan Company (Appendix B). This Study included an evaluation of installing on - site renewable energy systems to offset some of the City's electrical load, lower electric bills, and reduce the associated greenhouse gas (GHG) emissions. The renewable energy resources that were evaluated included installing solar photovoltaic (PV) modules at six locations, including the Garthe and West pump station/reservoir facilities. Preliminary designs were undertaken to determine the anticipated rate tariff, total system size, annual performance projections, and relative load offset for each. The designs were simulated using HelioScope, an industry standard PV simulation program that uses a local weather data file and calculates the hourly performance of the system based on the angle of insolation, air temperature, wind speed, intensity of clouds, etc. The hourly PV output is subtracted from the hourly electric load profile data from SCE to determine the hourly City Council 26 — 12 12/7/2021 2 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant FY2022 energy use with PV in place. The electric cost was then calculated with consideration of how these kWh fall into the On - Peak, Part -Peak, and other categories. Twelve (12) monthly bills were calculated for the sites with and without solar. A lifecycle cost analysis was performed, then the implementation cost and energy savings at each of the proposed sites were tabulated. The results of this evaluation indicated that the greatest solar benefit was for the Garthe and West sites, as follows: West Site: Year -1 Electricity Savings: 422,617 kWh Year -1 Energy Cost Savings: $39,780 Garthe Site: Year -1 Electricity Savings 894,325 kWh Year -1 Energy Cost Savings: $38,165 Following installation, each site would be interconnected to the local electric utility (Southern California Edison or "SCE"), through their net energy metering (NEM) program. NEM allows systems to export to the grid during times when the site load is less than the solar PV generation, receiving a credit worth nearly the full retail rate of the energy being exported. It is assumed that Project sites would utilize either a ballasted mounting system, or a direct attachment. An example of a solar system installed on top of a municipal water reservoir is shown below. Figure 2, West.Sacramento Water Di:strict.Solar Project Example City Council 26 — 13 12/7/2021 3 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant FY2022 D. Evaluatiori Criteria ..escribe the amount, of estimated Water savings. For projects that, consen/e Water, please state the estimated amount Of Water expected to be conserved (in acre-.: 'e,et per, year) as a direct result of this project. Describe the .,iijpp()r1,1(1(')cijment-at'i(')n of estimated Water savings. This Project will save 101.4 acre feet per year (AFY) of water based on reduced water use for energy production. According to researchers at the Virginia Water Resources Research Center, in Blacksburg, Virginia; fossil -fuel -fired thermoelectric power plants consume more than 132 billion gallons of fresh water per day (2008) in the United States alone, which translates to an average of 25 gallons of water to produce 1 kilowatt-hour (kWh) of electricity. II„I ,I ,I , p ..,, ,.,prv,! . ; ,,,, ,!I,I�„I�„!!, ',,,,,J,q,!!�e, ,R, Alp,l!"!j,ll,,,,,,I.......2, 08. The City currently purchases energy from SCE which receives energy from a variety of sources. The main energy generation facilities for SCE are located in SCE's service area of Southern California. Although the City does not provide water directly to SCE power generation facilities, SCE's power generation facilities are located Southern California, which is a region currently experiencing severe impacts to its water supplies due to the ongoing drought. The City cannot guarantee that the Project will result in water savings in City's service area; however, water savings will occur since the Project is shifting the Garthe and West Pump Stations from fossil fuel fired thermoelectric power to solar power, which requires no water in the electricity generation process. Describe current losses f':1lerrse explain Where the Water that' Will be conserved is currently going and l (ml it is being used. Consider the fi)lhMling. a. l' r' ., rick to �"lq'e .� trr.�rrm, spilled d at �°he end�' .�a�"r rr�r� qrr �r ere �:°�rr'rr.r��' �'�.�,.�,r..�, rrr'r. . ditch, seeping into the ground),' The estimated 101.4 AFY of water is currently being used to generate the energy needed for operation of the water system. v v v used. 1. rr���grrr� please explain rr�r� ��'�qrr �:°�rrrr":r��' �'�.�,.�,r":.�, rrrr": r":�r�.� or example, are current losses, r thesy.�systemfor use y others',)�others',)Are current l�'�.�,.�,r"s� enteringenteringan Jr"rpairred returning t groundWater r unsuitable lr. or utur'r.� use',`�'rr r, r.�:°��rr�lr��� Currently 101.4 AFY of treated water is being used to produce the energy needed to power the Garthe and West Pump Stations. Implementation of the proposed Project could help recover the drinking water currently being used for energy production that could be used for other needs. City Council 26 — 14 12/7/2021 4 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant F c. Are there any kn(NArn r"."nept°s associated With Where the current losses are going a2 F'o � g providing rrrlditional habitat- fish or animal.�,��r.��:°ies� ',:` r.��rsrr�� r� lr; seepage q�rrr�'r.�r �r��gr�r �r�. �r„ There are currently no known benefits associated with current losses due to leaks in the City water system. d. 1)e" ,crib t'lq'r. ,,sir :p(')r1,° (1(')cirment'(it'i(')n (' g�,,. l':kl�" a� ,� e pr(')gri��e . elf f ici"nt- r.���rrgrr�'r.r grrrr�'r.r.�rsgr�r�, h(Arr t'hr, r.stirstr, grrrrs determined, including in. all supporting According to researchers at the Virginia Water Resources Research Center, in Blacksburg, Virginia; fossil -fuel -fired thermoelectric power plants consume more than 132 billion gallons of fresh water per day (2008) in the United States alone, which translates to an average of 25 gallons of water to produce 1 kilowatt-hour (kWh) of electricity. IEEE Spectrum, by Willie Jones, April 1, 2008. .2.1m ubcri erion rm fm�m �r r�r����lrnewable Ener1,° Prr'rects Related tr'r ter Mana,il,lernent and Delivery Describe the arnount oe�er,° capacity. l or projects t'hat' implement' rrrrrrlrenergy 'ry y the s y,�,�.'r".�m. l':klr".���,��e pr'�'�g ide systems, ,���°���'�":" �°lq'�re ,�re���°�rq�q���°�":"�� ��rq�q�'��rrN�° �'� �°����'���°��°�r �rN l<�l�'�q/gr���°�°,�� �' sufficient�" �" � g t"lie .�,�"rr�"r":�rR r".�.�,�"ir"rgrr�"e" including all calculrr�"i�'�ns in support o the r'r.�'rs� .�,�r���'�r'�'�r�. In February 2019, the City approved a "Water Systems Alternative Energy Feasibility Study" prepared by Newcomb Anderson McCormick (NAM), a Willdan Company ("NAM Study"). This study included an evaluation of the potential to install on -site renewable energy systems to offset some of the electrical load, lower electric bills, and reduce the associated greenhouse gas (GHG) emissions. The renewable energy resources that were evaluated included installing solar PV modules on the roofs of the storage tanks at five of the pump stations, including Garthe and West. This study is posted in Appendix B. The results of the NAM Study determined that the estimated annual amount of energy that would be generated would be 894,325 kWh at the Garth site and 422,617 kWh for the West site, for a total of 1,316,942 kWh annually. Given that there are 8,760 total hours in a year, a simple calculation reveals that this equates to a capacity of approximately 150 kW per year. Describe the arnount rr . enen,,y genert"edm l"or projects t°hat° implement' reneWlable energy y � energy that, the system Will generategenerate(ire lril��grratt l�our'ss systems, :'�":"r"�q,��:'���'�":" ,�� �°lq'�re estimated :'�r"�q���°�":"�� ��r"�q�'��rrN�° �' per, year). l':1lerrse provide sufficient rlr":tail supporting the strtrrrstlmrtr� including all City Council 26 — 15 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Garthe one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 calculations in support Fort o �'� :' k ' �' re " ' ; ; ` �" �" the r.� �����'�. �: r rs� r explain ��lru ��'�q�r the ���'�q�r�.r generated rr��r r ��.� rs result, �' �'this project Will be used, including any existing or planned agreements and infrastructure. As described in great detail above, pursuant to the calculations provided in the February 2019 NAM Study, the estimated amount of energy (in kWh) generated was determined: 894,325 kWh annually for the Garth site and 422,617 kWh for the West site, for a total of 1,316,942 kWh annually. The power generated as a result of this Project would typically supply the local electric utility (SCE) grid, resulting in a cost savings to the City of Santa Ana. Each of these systems would be interconnected to SCE through their Net Energy Metering program (NEM). NEM allows systems to export to the grid during times when the site load is less than the solar PV generation, receiving a credit or nearly the full retail rate of the energy being exported. e cribe the status ofa rnotf' balled hydre') lant'. This question is not related to the proposed Project. e cribe any other benefits ofthe se�egro e e�eslt° s�tec�m �:1esr describe and provide sufficient detail on any additional benefits expected to result from the reneWlable energy project'. inchjding reduction in greenhouse gas emissions As explained above, according to the NAM Study, the proposed Project is expected to generate an estimated 1,316,942 kWh annually. The Table on page 1 of the NAM Study shows a total of nine (9) proposed projects. The NAM study states that collectively (i.e., all 9 sites), "the implementation of these projects would reduce the Water Resources Division's purchase of electricity by 25% compared to 2016. This would also reduce the GHG emissions of 1330 metric tons of CO2 equivalent by a similar percentage from 2016." According to this chart, the Garthe and West projects together represent approximately 28% of this total (all 9 sites) energy savings (i.e., 1,316,942 kWh divided by 4,648,554 kWh). Therefore, the proposed Project is expected to combat/offset the impacts of climate change by reducing the City Water Resources Division's entire annual greenhouse gas emissions by over 7% (i.e. 28.3% of the total 25%). According to I ::�A II_ijii ate II°� ing?. Il!!].�.iica.toirvs, greenhouse gases from human activities are the most significant driver of observed climate change causing global warming. According to I ::�A Greenhouse Gas IEg..U.ii�a, „II„e,g�„� es Call, �u,ll................. q,r this amount translates to 933 Metric Tons of carbon dioxide equivalent of greenhouse gas. To Offset this amount, it will require 1,143 acres of USA forests in one year or 15,432 tree seedlings grown for 10 years. City Council 26 — 16 12/7/2021 6 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant FY2022 The proposed Project is a more effective and sustainable solution than these options for GHG reduction. Expected eA"AA/AroA"Amen tal benepts (')f t'he r',�."�N�". Alablire �.�A"A�" r'gy �'y�r tt' :"A°A�A The proposed Project is expected to generate 1,316,942 kWh on an annual basis, resulting in an expected water supply savings of over 101.4 AFY. (Refer to above Section Quantifiable Water Savings for calculation.) The expected energy and water savings from the installation of this renewable energy system will benefit the overall environment, including the following: • Reduced greenhouse gas emissions reducing the global warming trend • Enhanced water reliability and water quality • Improved air quality • Wildlife preservation • Fewer extreme weather events and therefore, Improved fire protection Improved forests and rural landscapes • Improved water conservation management • Health benefits for humans and all living things Additionally, by implementing a local renewable energy source, water savings of 101.4 AFY will be realized due to reduced reliance on fossil fuel energy. Electricity production is among the biggest uses of water in the United States. Energy production by thermoelectric power plants account for the largest share of freshwater withdrawals in United States. This is followed by 37% for irrigation and only 13% for drinking water accounts. Renewable energy sources like solar and wind can mitigate our drought issue and set us on a better path to conserving this precious resource that is vital to all life on earth. Coal-fired power plants can use up to 1,100 gallons of water per megawatt -hour for cooling and operations. Nuclear power plants use roughly 800 gallons of water per megawatt -hour heating water to create steam to turn turbines and produce power, and natural gas can use 300 gallons of water per megawatt -hour for extraction and electricity generation. Fracking for natural gas also contaminates water. Solar energy on the other hand requires no water to generate power. a any expected reduction in the use of "energy currently supplied through a Reclamation project. As mentioned previously, the City receives its energy from SCE who generates and purchases energy from a variety of sources and transmits the energy to its customers. One source of energy that SCE is reliant upon is the Hoover Dam, which generates up to 4 billion kWh per year and is owned and operated by the Bureau of Reclamation. Any City Council 26 — 17 12/7/2021 7 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant FY2022 reduction in energy consumption in the City will result in reduced energy purchased from SCE, which will ultimately create more energy in the western energy grid. By eliminating the Garthe and West Pump Stations' need to purchase energy from SCE, there will be an additional 1,316,942 kWh per year of energy conserved on the western grid. As with all energy conservation efforts, the proposed Project will benefit municipal, industrial, environmental and recreation sectors, making more energy available to these sectors that are not yet able to produce renewable energy onsite. The project will benefit the overall environment by reducing greenhouse gas emissions, enhancing water reliability, and improving water management. l' p y ..��r.�:°�'r.r u�rr��'�.r needs, � any, of the system. The proposed Project will not generate any water needs. In fact, the Project is expected to save in excess of 101.4 AFY of water on an annual basis by reducing reliance on fossil fuel consumptive energy. r y . aura mmm �'rf��°rr�;°er�r��r �° .. " . �r°��r�;°" " ..�rerly .. �c°r�r�, ��� � �;°r � . �m m m �r�',rr�r, Describe any energy qfficienciespectedsfrom implementation of the Water conservation or Water efficiency project (e.g., reduced pumping). WIf ray savings is expected to r'r".�swlt from the project-- please provide quantifiable r.�r�r".�r, sufficient supporting calculations. quantifying energy savings, ��'l�":"��,���":",���"ate �" ��°�r".r��° details .�� rrr�r' ,���r .:.:�'�r�°�r�,„ � ��N,. r.�r�r".�r, the estimated amount in lrihmratt hours per, year" As described in detail above, the results of the NAM Study determined that the estimated annual amount of energy that would be generated would be 894,325 kWh at the Garth site and 422,617 kWh for the West site, for a total of 1,316,942 kWh per year. ray efficiency " / ,r.''F�r lrr�rr�:°' �:°llrrrr'r 0 l.'1����W Will t,'F�r���� r�.�r�er'��.� rf i�:°lr�.nc improvement �:°����mbat" ����, . changeincluding in,. an expected reduction in greenhouse By generating an estimated 1,316,942 kWh annually, the project is expected to reduce greenhouse gas emissions by the associated amount, thereby improving/offsetting the impacts of climate change in doing so. uIf. the project Will result' in reduced pumping, please describe the current, pumping requirements and the types of pumps (e.g., sir"r": currently r":ing used. HOW WOuld the proposed project, impact, the current, pumping requirements and energy usage,` By generating over 101.4 AFY of water savings, the need for pumping an equivalent City Council 26 — 18 12/7/2021 8 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F amount of water will be reduced. gy.,rrgring�. e.. t'l rrt'r� (r,igi ���t-e.. r( q t-he p(()int' �:� r.�rr.�,r.� lr�r l�:°rr�'r� qrr �r.��' �r.�r ���rr r.�r�r.�r' diversion, or Whether the rsli r�ris based upon an alternate site o. orgin. The expected energy savings originates from the point of origin. 0 Does the calculation n include any energy required to treat, the Wrrt,er, if. . rrpplica le'2 Not applicable. ' v va^^ reduced vehicle va^^driven," reducing gr�����v��."r"�Nl'q'�'���.r,���"":" gas i�/� the project result �r� rr.r' �r�:°r.r' qrr. ���:° r. miles �r� �'�rrr� rr.r' �r�:°�r�. emissions',) l':klerrse provide supporting rlr":tails and calculations. Not applicable. Describe any renr".Wla le energy component's that' Will result ire minimal energy gs/pr'�'�rl�r�:°�"ion (r"�" installing small -,scale solar as part- o rr SCAIM system). .�, rrgr�r� . � .,1�� r " �r�.�, . rr �r� The proposed Project will create a renewable energy system at two of the City's pump station facilities, to offset some of the electric load and reduce the associated greenhouse gas (GHG) emissions. This renewable solar power will be generated by mounting PV modules on top of water storage tanks at the Garthe and West pump station facilities and is expected to generate an estimated additional 1,316,942 kWh annually between the two project sites. l"'nhrrncing drought resiliency. In rrrldition to the separate lAlat-er' MAR7 1'ngrlr'(�)nment'rrl Water Fesources� l:1rojects NO , this NO plrrces� rr priority on projects that, enhance drought resiliency,through thl�, .�,r.�:°�ion rrr�rl other above consistent' With the 1: �"" UW'7 a"„ section v sections a"„ v a"„ °a"„�. " " .., .. i,4/rrter Act. l':1lerrse provide information regarding h(ml the project Will enhance drought resilience by enefitting the Water supply and ecosystem, including ing the fi')('Mrin. 0 Does the project seek to improve ecological resiliency to clir"rgrrt"e chrrnge 2 Climate change is an issue that has many effects on our environment. For example, climate is expected to perpetuate the duration and frequency of droughts, which threatens a number of ecosystems throughout the Western United States that rely on water to survive. As indicated in multiple reports, climate change is being perpetuated by the burning of fossil fuels and the subsequent greenhouse gases emitted from this process. By shifting to a renewable energy source, the City will be reducing its carbon emissions, thereby combatting climate change and the threat it poses to a number of ecosystems throughout the western United States. Specifically, the Project is intended to help provide ecological resilience to climate change City Council 26 — 19 12/7/2021 9 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar r at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant FY2022 by: • Generating 1,316,942 kWh annually that will reduce the release of 933 tons of carbon dioxide per year • Saving of over 101.4 AFY of water annually, making these additional water supplies available to other users such as various ecosystems throughout the western United States. Above alterations will result in benefits to the environment, agriculture, wildlife, forestry and air and water quality, thereby improving ecological resilience. Will Water remain in the system for k)nger periods of time',) If so, provide details on current1future durations and any expected resulting benefits (e.g., maintaining Water temperatures or Water levels). Currently the City acquires approximately 25-30% of its water supply from Metropolitan Water District of Southern California's (MWD) imported water connections that receive water from the Colorado River and the State Water Project (SWP) from San Francisco Bay -Delta (the Delta), which are directly influenced by climate conditions the Colorado River Basin and in northern California, respectively. Both regions have been suffering from multi -year drought conditions, which directly impact water supplies to southern California. The City's ability to reduce water intake from SWP and Colorado River, will allow an equivalent amount of water to remain at these sources, which will help prevent potential increase in salinity and algal production, reduced oxygen levels, and higher temperatures that are detrimental to wildlife production. speciesWill the project benefit species (e.g., federally threatened or endangered, a federally recognized candidate species,, a state listed species, or a species� of particular recreational, or economic importance)',) f1lease describe the relationship of the species� to the Water supply, and Whether the is Reclamation project or is subject, to a recovery plan or conservation plan under the �"ndangered Species� Act - Greenhouse gas emissions and their effect on global warming are directly responsible for abnormal changes in wildlife habitat. Biologists are becoming more and more concerned that global climate change will drastically reduce biodiversity. Some biologists estimate that 35% of animals and plants could become extinct in the wild by 2050 due to global climate change. According to the National Parks Service: "If we can sufficiently reduce greenhouse gas emissions, many of them will still have a chance to survive and recover". Increased GHG emissions are directly responsible for the increase in drought conditions observed in California. The impact of the recent drought conditions on the wildlife City Council 26-20 12/7/2021 10 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Garthe one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 habitat has been tremendous. According to the Pacific Institute, many of the State's environmental flows went unmet during the drought period, affecting aquatic ecosystems and decreased protections for endangered species. The recent drought has caused losses or destruction of fish and wildlife habitat, loss of wetlands, more wildfires and lower water levels in reservoirs, lakes, and ponds. Dry creeks and rivers led 18 fish species to diminish to near extinction. Implementation of this project will not only reduce an equivalent amount of 933 tons of carbon dioxide, it will allow for water savings of over 101.4 AFY to remain at source, and provide an incremental increase to the over drafted river supplies. a f1lease describe any other ecosystem benepts as a direct, result, of the project. As mentioned above, various ecosystems are likely to benefit including forestry, rangeland, riparian, and other ecosystems that rely on air and water quality as a direct result of the project. Will the project directly result in more efficient, management, of the Water supply',) F'or examp1q, Will the project provide greater, flexibility to Water managers, resulting in a more �fficient use of Water suppliem�',) On an annual basis, the Project is expected to save an average of over 101.4 AFY of water and over 1,014 AFY in 10 years throughout the western United States, allowing these additional water supplies to be more efficiently managed by water managers, with greater flexibility to benefit multiple users. a Specific Water and`or energy sustainability concern(s). Will the project addrems a specific s us tain ability concern'," f1lease address the f011(NAling �"xplain and provide detail of the specific issue(s) in the area that- is impacting Water sustainability, such as shortages due to drought andlor climate change� increased demand, or reduced deliveries. Yes, the proposed Project will address two important sustainability concerns: energy sustainability and water sustainability; both are being experienced in the Project area, the state of California, and throughout the western United States. Water: The Project addresses the water sustainability concerns by saving over 101.4 AFY of water, making these additional water supplies available to other users. Water sustainability in the project area and throughout western United States is a very serious concern. According to the L)., „If,;�„iirvq�ugll�„�: Il qii�„ii�:oiiry the Project area is currently City Council 26-21 12/7/2021 11 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F experiencing a D2 "Severe Drought" status, much like it as has endured for the vast majority of the past nine years. See Figure 3 below for a map of Southern California and Figure 4 of the western United States. Figure . , Orange County tirough t Map Current Conditions for grange County: U.S. Drought a Monitor U.S. Draught Monitor for Orange County (€7C1)Abnor 77aHy (Dl) Moderate (U2( Severe (D3( Extreme (D4) Exc,eptiotial Dry100.00% Dr'bught:100.Q)C)% Civougrrt:100.Qt'Y% DrOUght:4.:31'�%,r Droug t, 0.00°rAi,. City Council 26-22 12/7/2021 12 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant F Figure 4. Western (United .States U-S, Drought Monitor Map Map released: Thurs. October 1, 20,21 lata vh& Rtobii�,ir° 19, 2021 at 8 ,rysri ,, E D�"I�" hitensfty None O (Abnorm aHy+Dry) DI (Mor:.d rrate Drought) D2 (Severe Du•oaaghL) D3 (Extnzmie Dirrran..nghL) p@pppppp� D4 (E.xceptlon ar Drought) �VI�VI�VI�VI�VI�VI�VI�VI�VI�VI��� No ( Ata IRM LHin ted °Stagy, s and Puenca Rio uttmr(s�: r,, �I Pr.agh, Nt:Ytt/4"C P Parfic �s4 ands and 0r,gin Nands Ur Mr '(,)( t I ;n ra I k,^ rn, 1v10 S,,teMCH the t drrarot;htmoo for ubrusers on bmadscale,r raFrV9 r ,: tatsd,cond'dr°ians may vaqSer xccomdranyirng,text err�ayry'wyfer d ae,r rtt �rau rars;; The years 2012- 2015 marked the driest four-year period in 120 years of historical records, along with historic high temperatures oii.di,g�,g,,,;�.,,q,�.,,lhe , „II„ii„fq,llrvin, If�,�„Ip, „prv,�ll ,�,g�„�. of Wateiirv„If�.eso ullry e„s. "Severe Drought Area" is characterized as widespread water shortages or restrictions; "very high" fire risk; widespread crop and pasture losses; shortages of water supply in reservoirs, streams and wells. The proposed Project is intended to help provide energy resilience and drought resilience to the Project area and western United States. Without action like this, we can expect impacts similar to those the Project area actually experienced during the 2012-17 drought, due to reduced supplies. Those impacts were severe, and included detrimental impacts to energy, the environment, agriculture, wildlife, forestry, economics, health, air quality and recreation. Energy The Project addresses the energy sustainability concerns by generating an estimated 1,316,942 kWh annually of renewable energy. Energy sustainability is also a very serious concern in the City of Santa Ana and throughout the state of California. According to an August 2021 Reuters article, the state of California "faces a potential supply shortfall of up to 3,500 megawatts during City Council 26-23 12/7/2021 13 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 peak demandours in the coming weeks". cho a Gir orn R uti.�Au UEt j],..l... aiirvfldle firoirn I Ilogii , ei.g..... g�,e,prvg„° , these supply shortages are on the According to a recent.....................................................................................................................! rise in California. There were 25,281 blackout events in 2019, a 23% increase from 20,598 in 2018. The number of utility customers affected jumped to 28.4 million in 2019, up 50% from 19 million in 2018. This year in California, extreme drought has slashed 1,000 MW of hydroelectric power capacity; wildfires threaten transmission lines that bring in power from other states; and a fire at a San Francisco -area gas plant knocked out 300 MW of supply, state agencies said. Energy supply shortfalls throughout the state, including in the Project area, have been increasing in recent years, even worse than anticipated. The proposed Project will help to alleviate these shortfalls and mitigate the resulting detrimental effects. Explain and provide detail of the specific issue(s) in the area that- is impacting energy sustainability, such as reliance on fossilfuels, pollution, or interruptions in service. f':klease example, ���":",��cribe ��'('ml the project Will directly address the concern(s),���°���°�" d above.F'oproject directly address and confront, the shortages'," Energy sustainability worldwide, and in the Project area in particular, is becoming more difficult due to society's reliance on fossil fuels. The result of this reliance is decreasing supplies and increasing energy shortages, which result in interruptions in service, as well as increased air pollution and other negative environmental impacts. Climate change has increased our reliance on these fossil fuels for uses in all areas of our society, including the production of water for firefighting and public use, as well as increased creature comforts such as air conditioning increases due to the rising temperatures associated with climate change. In recent years, this reliance has been increasing as demand increases. According to a July 2014 publication from U.S. Department of Energy, titled, "Water Energy Nexus Executive Summary," present day water and energy systems are interdependent. Water is used in all phases of energy production and electricity generation. Recent developments have focused national attention on the connections between water and energy infrastructure. When severe drought affected more than a third of the United States in 2012, limited water availability constrained the operation of some power plants and other energy production activities. Several current trends are further increasing the urgency to address the water -energy nexus in an integrated and proactive way. According to researchers at the Virginia Water Resources Research Center, in Blacksburg, Virginia; fossil -fuel -fired thermoelectric power plants consume more than 132 billion gallons of fresh water per day (2008) in the United States alone, which City Council 26 — 24 12/7/2021 14 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant FY2022 translates to an average of 25 gallons of water to produce 1 kilowatt-hour (kWh) of electricity. II,I,I,Ip,,R, Ih;y!i,ll,ll„!,',,,,„qii e„„R, Ada!irv,ii,Il,,,,,1,,,R,,,,,2„,. To address these shortages with respect to energy sustainability; the Project is expected to generate 1,316,942 kWh on an annual basis. With respect to water shortages and sustainability, the proposed Project is expected to strengthen supply reliability by saving over 101.4 AFY on an annual basis. f':klep�p�p,���e address Where any �"�'p��N,���"."�p�/�" d Water as a result of t Will p�°��'e project Will go and ��p'o'ml it' e used, including er e consenled Water another intended use. 0 f1rovide a description . thy"":" mechanism that' Will be used, i . necessary, to put, the consenled Water to the intended use. The City relies on approximately 70-75 percent local groundwater from the Orange County Groundwater Basin (OC Basin). The Orange County Water District (OCWD) is responsible for managing the OC Basin, including water quality and groundwater replenishment. The OC Basin is not adjudicated and as such, pumping from the OC Basin is managed through a process that uses financial incentives to encourage groundwater producers to pump a sustainable amount of water. No additional mechanisms will be necessary to allocate the conserved water for its intended use. The conserved water will be used to supplement the groundwater supply. W Indicate the quantity of consen/ed Water that' Will be used.for the intended purpose(s). The proposed Project is expected to generate 1,316,942 kWh on an annual basis, resulting in an expected water supply savings of over 101.4 AFY annually. The project will benefit the overall environment by enhancing water reliability, conserving valuable water, reducing greenhouse gas emissions, and improving water conservation management. ;lies pnct benefits. f:11ease provide a detailed explanation of the project benefits and their' significance. 7hese benepts may inchjde� but are not, limited to, the fi)IhMling City Council 26 — 25 12/7/2021 15 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Garthe one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 .'14,00 l..l.rrclrling the Cl/mate Crisis at -Home and Abroad, fbcuses� on increasing resilience to climate change and supporting climate resilient development. opent" l or additional 1t1onrr information ' States, throughout, 'F�r, WeStern lr�l'r.rlr;r r n ��..:"�. pup . ::.:.........1..... .r'ecijrr?/rl(')a,,1202'1.,,ecijrr.l2O2.'lSl (,'UR1: ep(� ')rt-.p(f. l:1lerrse describe h(AA1 the project Will address rer,s climate change, including in. )('Mrin. l':klerrse Provide specific rlr":tails and examples on h(AA1 the project Will address the impacts of climate change and help combat the climate crissis. By generating an estimated 1,316,942 kWh annually, the project is expected to reduce greenhouse gas emissions by the associated amount, thereby addressing and improving/offsetting the impacts of climate change. Does this proposed project, strengthen Water supply ustair abilitfir to increase resilience to climate ge 2 Yes; the proposed Project will strengthen water supply sustainability to increase resilience to climate change. According to researchers at the Virginia Water Resources Research Center, in Blacksburg, Virginia; fossil -fuel -fired thermoelectric power plants consume more than 132 billion gallons of fresh water per day (2008) in the United States alone, which translates to an average of 25 gallons of water to produce 1 kilowatt-hour (kWh) of electricity. II,I ,I ,I „Ip,', ;"uii 'iie ...ll�Ap;i,,,,,,,",,,,,, ,,,R,,,,, , ,0 8..,. Therefore, because the project is expected to generate 1,316,942 kWh on an annual basis, a simple mathematical calculation reveals that the expected water supply savings is 32,923,550 gallons annually or 101.4 AFY. The proposed Project is expected to strengthen water supply sustainability by over 101.4 AFY on an annual basis. () Will the proposed project establish and utilize rr reneq sable energy source,` The Project will establish and utilize a renewable energy source by generating solar power at two of the City's pump station sites, generating an estimated additional 1,316,942 kWh annually. () Will the project result in lower greenhouse gas er kssions',` Yes, as mentioned above, by replacing an estimated 1,316,942 KW of fossil fuel energy with renewable solar energy the project will result in lower greenhouse gas emissions. 2. Disadvantaged or Undersenled Communities. 1:" " 1400 and 1:" " 13985 support environmental and econor ic•yustice by investing in unrlersenrr" d and disadvantaged communities and addressing r'essing the climate -related impacts to thr":.sr": communities, City Council 26 — 26 12/7/2021 16 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West pump Station Facilities project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 including impacts to public health, sa), t;y, and economic opportunities. f':klease describe F('A/r the project srp:�r��the ; rl"xecuthle Orders, including � a. 1)(')e,� t"lie pr(')p(� ).,edpr(')j ct-direct-ly.,erile an(I`(')r ben�" t-a di,. adilant-aged (')r historically unrlersergrr" d community',"1,Yenets can inchrrle" but, are not, limited to, public health and sa)r ty through grrrrter quality improvements, neMl Water supplies, nr" Ml reneg sable energy sources, or economic 11nmrth opportunitir" s� . Yes, the proposed Project will provide benefits to a disadvantaged community, including expanding on renewable energy source, increasing electrical power reliability, enhancing public health and generating economic savings. t proposed project providing lrr.�nefits to a rll.�,rrrlgrrrr��'rr�ied �:°��rrgrrqunity, provide �r.� �r�� ���.�,r,�r �r�� r.��:°�' �.�, �r��gr�r �r�. sufficient information to demonstrate that- the community meets the disadvantaged orrrri:y rrrition in Section 101� � the iooprrr:irrrr:'r.rshr.r Act-- Which is defined as a community With an annual median household income that' is less than 100 percent- o the strrtr.grrlr r, annual median household incorrgr.. or t'he Strrte� or the applicable rrpplicable state criteria for determining disadvantaged status. According to the 2020 U.S. Census, the annual median household income for the state of California is $75,235, and the median household income (in 2019 dollars) between 2015-2019 was $66,145 for the City of Santa Ana, California. Since a disadvantaged community is defined as "a community with an annual median household income that is less than 100 percent of the statewide annual median household income for the state" by definition, Santa Ana is a disadvantaged community, and will benefit by the proposed Project. Please see below for a map of the City of Santa Ana and the Disadvantages Communities (DACs) and Severely Disadvantaged Communities (SDACs). DACs are defined by having MHI between $42,737 and $56,982 per year and SDACs are defined by having a MHI less than $42,737 per year. c t proposed project providing benefits to an �rr�rler'.�,r".�r'srr" d �:°�'�r"rgr"rqunit"y, provide . �r.� �r'�'� ��'�.�,r.�r' �r'�'� r.��:°�' �.�, �r'�'�gr�r' �r�. sufficient information to r1er"rqonstr'rrte that- the cor"rgr"rqunity meets the unrlerser'grr" d definition in O1.311, Which inchjr es, populations sharing rr prrrticurrr characteristic, as Well as geographic cor"rgr"rqunitir":s, that- have been systematically denied rr.full opportunity to prrrt'iciprrt'r, in aspect's of economic, social, and chlic /��. EO 13985 states, "...the term underserved communities refers to populations sharing a particular characteristic, as well as geographic communities, who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life...... In the context of the Federal workforce, this term includes individuals who belong to communities of color, such as Black and African American, Hispanic and Latino....... individuals with limited English proficiency....." According to the 2020 City Council 26-27 12/7/2021 17 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F US Census, 76.8% of the City of Santa ana's total population are Latino and 80.3% speak a language other than English at home (persons above 5 years old). The proposed project is providing benefits to this underserved community in Santa Ana. W Tribal laenefit.,:7he Department of the Interior is committed to strengthening tribal l ° .l r.�derrrl Tribal tr�rs resp(,rr�sibiliti s. 7. , �, . � �r, �. rr,,.�rr r,r�I...n rrgrr.rr.r. r��" rrr�r �' �r.� �r„ r r.r��'rI rrrerr° orrrnrlurn I.nbal (' sultatiorp �rr���d S rr��:ngthr��,ni �l 1 ati r...l�latio F��r�.leiti rn..�l"�l� s", rrrr: �" r:9r�•��° � �. �u r�r rr."nserts I�h"Vr�h;Vfin theFederal f' ��verr'Rr9°"9�"rq't's commitments to .l. w ��, importance r�., rrF.rr'rl l°1lr"."ase address t°lq'e. g, i ���"�'plrcable r r'�grrrr�. p� p� a. Does the proposed project directly sergle and/or" ben ept a Trrbe'2 Will the project increase grrrrter supply sustrrrnability . or an Indian Tribe',' Will the project provide reneWlable energy or an Indian Tribe,' There are no tribal communities living in the City of Santa Ana, however, the City's reduced dependence on electrical power and water savings will allow other users to benefit, including tribal communities. Does the pr()p()., erl pr()jr.ct— rllrr.ct—ly .r,irpp(� )r,t' trl rrl r'esillenr: e to climate change and drought Imprrr:°ts or provide other tribal benepts such as improved public health and sa)r t°y through Water quality improvements, neMl Water supplies, or economic gn'mlth oI"rl" ortunit°res� ,:v The proposed Project will reduce the city's reliance on limited electrical power and water supplies, making it more resilient to climate changes and drought impacts. In doing so, additional supplies will be made available to other users. These other users, including tribal communities, will also benefit by increased resilience to climate change and drought impacts, improved public health and new water supplies. tlger Ben efits Will the pn'Ziect address q/grater rrndlor ener ys us tainability in (')ther q/gra"ys not described above',) F'or'example a. Will the project, assist, "rotates and Water users in complying With interstate compacts'," MWD supplies water to 26 member agencies (including the city of Santa Ana) Since 1941, sources included Colorado river supplies from outside the state of California. Implementation of the proposed project will help ensure the City serves as a responsible member by reducing its dependence on the finite MWD interstate supplies, thereby supporting water supply reliability and assisting States and water users during times of drought. The project will decrease dependence on both the state water project and the Colorado aqueduct projects, which means less water will be pulled from these City Council 26 — 28 12/7/2021 18 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant FY2022 projects' source basins. & Will the project benefit multiple sectors andlor users (e.g., agriculture� municipal and industrial, environmental, recreation, or others),` Generation of 1,316,942 kWh of renewable energy annually, and an anticipated annual savings of over 101.4 AFY of water will benefit municipal, industrial, and environmental, recreation sectors; making more energy and water more readily available to these sectors in times of reduced supplies. The project will benefit the overall environment by enhancing water and energy reliability, conserving valuable water, reducing greenhouse gas emissions, and improving water conservation management. In addition, energy savings gained from implementation of this project will reduce the grid load, increase energy storage, and lower production costs for the SCE customers in Southern California. c. Will the project benefit a larger initiative to address s us tainabilit°y2 Yes. The Project is consistent with the City's Climate Action Plan (Appendix A) which targets a 15% reduction (over 2008 levels) in greenhouse gas emissions by 2020 and a 30% reduction by 2035. This also benefits a larger initiative by the State of California to reduce statewide greenhouse gas emissions to 1990 levels, and 80% below 1990 levels by 2050. The project also benefits a larger federal initiative. In fact, on Oct. 15, 2021; President Biden's administration unveiled a government -wide plan to address the systemic threat climate change poses to all sectors of the economy. This plan is part of the White House's longer -term agenda to cut domestic greenhouse gas emissions nearly in half by 2030 and transition to a net -zero emissions economy by mid- century while mitigating the impact of climate change on the economy. (The target more than doubles the country's prior commitment under the 2015 Paris climate agreement.) d. lAlill t°he pr'(ject' helr) t'A' preA/ent' a q Alat' r'...r',el(it"ed cr'i, �i, � (')r c()n lict-."I, � t°here. 'reqijent-ly tension or litigation over Water AAA the basin,` The proposed project is estimated to result in an annual savings of 101.4 AFY of water, in a time of severe drought crisis where literally, every drop helps. In times such as these, there is frequently tension and/or litigation over available water supplies. In fact, Northern California agencies are filing a lawsuit against the State City Council 26 — 29 12/7/2021 19 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant 6 Water Resources Control Board over an emergency drought order issued in August 2021 to curtail water diversions. The City of Santa Ana is one of MWD's 26 member -agencies (including 14 cities, 11 municipal water districts, and one county water authority). Implementation of the proposed project will help ensure the City serves as a responsible member by reducing its dependence on the finite supply from MWD, thereby supporting water supply reliability during times of drought. Project implementation will also help prepare for projected increases in water demands, making water available for multiple beneficial uses and help to resolve or prevent water related conflicts in the region. 1A. Evaluation Criterion D—On-Farm Irrigation improvements Not applicable. D.5. Evaluation CriterionI iImplementation .. mm1 Subcriterion gym1................ f reVr*ct Plannin,il,l Does the applicant have a Water Conservation f1lan andlor System Optimization Relliew (50R) in place'2 Does� the project address an adaptation strategy identified in a completed WaterSMART Basin Study', f1lease self -certify or provide copies� of these plans Where appropriate to verify that such a plan is in place. Including a specific excerpt or a link to the planning document may als o be considered Where appropriate. The City of Santa Ana maintains a Water Shortage Contingency Plan (WSCP) (Appendix C) which identifies a number of water conservation methods to be instated in response to water shortages. By implementing solar power generation at the Garthe and West Pump Station facilities, the City will be able to provide reliable water supplies even in the event of a water shortage, which would threaten water and energy resources. The City of Santa Ana has a Climate Action Plan (Appendix A). The Project does address an adaptation strategy identified in the September 2013, U.S. Department of Interior Bureau of Reclamation Summary Report for the „inta,,,, ina Wa�.,,e„iirvs,lhed 1 „s,i%,ii�,, ,t. u,d , which includes the City of Santa Ana. One of the adaptation strategies identified was AB 32 compliance: "....identify additional opportunities for reducing carbon emissions." (Section 4.6 states that climate adaptation strategies were developed through a consultative process involving reclamation and SAWPA staff.) The proposed Project will generate renewable (solar) energy in lieu of electrical power, thus reducing the carbon emissions. In doing so, the Project addresses this adaptation strategy specifically identified in the completed Watersmart Basin Study. f1rovide the fOlkAAling information regarding project, planning City Council 26 — 30 12/7/2021 20 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant F Identify any dkstrict'Wlidc� or SySteM-Mlidq, planning that- provides support for, the proposed project. 7his could include a Water Conservation f1lan, SOR, Dr ought Contingency f1lan or other planning �ffi)rts done to determine the priority of this project in relation to other potential projects. The City of Santa Ana is deeply committed to saving the City's precious water resources, and has participated in and developed numerous planning documents that address water shortages and conservation alternatives including the NAM Study, as well as the following: • City of Santa Ana Permanent Water Conservation requirements „(I„..II2I%�i%12...IL..q...'. ec�:6oii°1 3...:�..05) ................................................................................................. • C6t: of Sail to Ana StirateGc I1::�Iain ........ Coirnjrnuiin° !.., f:::acGIlG�aies aii�d Ilia�fiirvas�:iirvuuc�:uuiirve ...........y.......................................................................................................................................g....................................................................................................................................y............................................................................................................................................................................................. • City of Santa Ana Climate Action Plan (Appendix A) • Gt` ,q;f,,,, , „g�,;ta Ana 0..G. na�:e IEirneIlrvg,�'„ii�,�„ ,,,,,S.g,�q,ll„lu„�.,li,gii • City of Santa Ana Drought Action Plan (Appendix D) • City of Santa Ana Water Master Plan (2017) (Appendix E) • Urban Water Management Plan (2020) (Appendix F) • Water Systems Alternative Energy Feasibility Study (Appendix B) • Me .rvo.2Wrvc�Wa�erv...Suiry o.1.n r D�j.. 2ad .....................................................................................:......................................................................................i........................... M..e...i.�e..ii.i..t .....l...)...11..a...i.2. • Me:iirvo oIIG:aii� Wa:eiiry IC: Gs:iirvGc: Ilii�:e iirva:ed Wa:eiiry If esouuiirvces I1::)llain .........................I p......................................................................................................................................................................... g.............................................................................................................................................................................................. These efforts each lend support to the proposed Project; a few of the many examples are described below. Section 7 of the 2017 Santa Ana Water Master Plan identifies "the installation of solar panels at the Garth and West reservoir facilities which will provide the city with sustainable energy." In September 2021, the City of Santa Ana became only the fourth city in the United States to endorse the Fossil Fuel Non -Proliferation Treaty by approving a Climate Emergency Resolution. The resolution commits Santa Ana to "...developing policies as well as courses of action that ....restrict expansion of fossil fuel combustion...." The proposed Project is consistent with and supported by this Treaty. In May 2014, the Santa Ana City Council approved greenhouse gas emissions reduction targets for inclusion in the city's Climate Action Plan (Appendix A), and in December 2015 adopted a resolution to approve the Climate Action Plan that included these targets. The proposed Project will reduce greenhouse gas emissions consistent with this action and the city's Climate Action Plan. This action helped to accomplish Goal 5 of the Santa Ana Strategic Plan, which also meets the state of California objective of reducing statewide greenhouse gas emissions to 1990 levels by 2020 and are on track to achieve the statewide City Council 26 — 31 12/7/2021 21 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation f Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant FY2022 goal of 80% below 1990 levels by 2050. 2. Describe h(ml the project conforms to and meet's the goals of any applicable planning effi)rts and identify any aspect, of the project that, implements a feature of an existing Water plan (s). The Climate Action Plan is one of the City of Santa Ana's significant planning documents. One of the major goals of the City's Climate Action Plan is to reduce carbon dioxide equivalent (CO2) 30% by the year 2020 and 40% by 2035, relative to the 2008 baseline. With the solar power it will generate, the proposed Project will generate an estimated additional 1,316,942 kWh annually, thus reducing the corresponding greenhouse gas emissions. As stated on page 1 of the NAM Study, the project is a "good step in implementing the Climate Action Plan" The proposed Project conforms to Section 7 of the 2017 Santa Ana Water Master Plan, which identifies "the installation of solar panels at the Garth and West reservoir facilities which will provide the city with sustainable energy." In addition, in August 1999; Metropolitan Water District adopted a "Water ,;�,er �Su.r..p,ll,l�!,s,,,, ,u�!,d.„ ............................................................. ....., 1[11- .luaug.lht IMan g�„ii �u�� If�ll „ii�", and in 1996 adopted an evolving long-term water strategy known as the I„1!2teg11'.2te, , ;teiiry If esohuiiry e,s,ll ,l!211..", or IRP. The IRP was updated in 2004, 2010, 2015 and 2020, and "looks to local solutions to close any potential gap between supply and demand," representing a refinement — not an overhaul — of Southern California's water management strategy. The proposed project does exactly that, by promising to provide an estimated additional 101.4 AFY to the City's groundwater, thereby helping to close the gap. .W strategy specifically identified in a completed WaterSMARTBasin Study or Water Management Options flilot (e.g., a strategy to mitigate the impacts Of Water shortages resulting from climate change� increased demands, or other causes) F'or more u��'mation on Basin including t of completed basin studies and reports, please visit- w w..usb ....... In September 2013, the U.S. Department of Interior Bureau of Reclamation issued a Summary Report for the WaterSmart Santa Ana Watershed Basin Study, which includes the City of Santa Ana. One of the adaptation strategies identified was AB 32 compliance: "....identify additional opportunities for reducing carbon emissions." (Section 4.6 states that climate adaptation strategies were developed through a consultative process involving reclamation and SAWPA staff.) The proposed Project will generate renewable (solar) energy in lieu of electricity, thus reducing the carbon City Council 26 - 32 12/7/2021 22 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant F emissions. In doing so, the Project addresses this adaptation strategy specifically identified in the completed Watersmart Basin Study. U5.2. Subcri erion 112 .......... Readiness te) Proceed Identify and provide a summary des�cription of the major tasks necessary to complete the project. Note please do not, repeat, the more detailed technical project description provided in Section D.2.2.4.1-this section should focus on a summary of the major, tasks to be accomplished as part- of the project. 1. City of Santa Ana Building Dept. to issue appropriate building permits. 2. Southern California Edison (SCE) to approve plans and issue permit. 3. City staff to implement Public Bid process to determine the lowest responsible bidder, in compliance with State of California Public Contracts Code. 4. Santa Ana City Council to award construction contract (to the lowest responsible bidder). 5. City will manage the project during construction phase. 6. Grant Compliance: The City of Santa Ana has professional grant consultants on contract that will utilize to assure all the Bureau of Reclamation requirements are met in a timely manner. 4 Describe y permit's that' Will be required, ak)ng With the pn'xess for obtaining such Following permits will be required: • City of Santa Ana Building Department permit • SCE permit 0 Iden tify and describe any engineering or design Work perform ed specifically in support of the proposed project. Newcomb Anderson McCormick (NAM), a Willan Company prepared a "Water Systems Alternative Energy Feasibility Study" which the City approved in February 2019. This study included an evaluation of the potential to install on -site renewable energy systems to offset some of the City's electrical load, lower electric bills, and reduce the associated greenhouse gas (GHG) emissions. The renewable energy resources that were evaluated included installing solar PV modules on the roofs of the storage tanks at the Garthe and West pump stations and included some preliminary designs. These designs were simulated using HelioScope, an industry standard PV simulation program. This program uses a local weather data file and calculates the hourly performance of the system based on the angle of insolation, air temperature, wind speed, intensity of clouds, etc. City Council 26 — 33 12/7/2021 23 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 mg, Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 0 Describe any neWlp()IiCk�S oradministrative actions required to implement theproject. No new policies or administrative actions are required to implement the Project. 0 f1lease also include an cml-imated project, schedule that' sh(AAIS the stages and duration of the proposed Work, including major tasks, milcml-oncm,', and daft.m, . Milestones may inchjde� but are not limited to, the fi)11()Wlingcomplete environmental and cultural compliance; mobilization; begin (50% complete); and c(�)n�r�t,r,ijct,i(�)r)lin�,�t-all(it-i(�)n (100% complete) 7-able .1, Pro.ject,Schedule No. Task/Milestone Start Date Completion Date 1 Issue RFP to prepare design documents January 2022 March 2022 2 Award contract for preparation of design documents April 2022 April 2022 3 Design Phase May 2022 November 2022 4 for construction bids November 2022 December 2022 5 Award Construction Contract Jan 2023 Jan 2023 6 Construction Period (9 mos.) March 2023 November 2023 7 Complete Project December 2023 A-1101140, MTHMOGI UnrelffEWel I F-1 • f1lease describe html the project promotes and encourages collaboration. Consider the fi)11()Wling • Is there Widespread support for the pnZiect'," f1lease provide specific details regarding any support andlor partners involved in the project. What is the extent, of their, involvement in the pnxess',` As described D.5.1.1 above, the proposed Project is consistent with numerous planning documents that the City was involved with and/or a part of. Many of these planning documents, such as the City's 2020 Urban Water Management Plan (UWMP) were prepared with widespread support and integration from the public, as well as numerous local and regional agencies identified in Section 2.2.1 of this document. The City of Santa Ana has started communication with Southern California Edison (SCE) who are very supportive of this project and have been collaborating with the City on this project. City of Santa Ana has been one of the leaders in conservation in the region and City Council 26-34 12/7/2021 24 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Garthe one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 will communicate the results of this project to other member agencies so that it may be duplicated by others. The City of Santa Ana has been working with SCE on implementation of a Hydropower efficiency project that was also funded by the Reclamation in 2019. City will continue its collaborate with SCE on implementation of this project that will allow a streamlined process to complete the project within time and budget. This is the first time, there has been a grant opportunity for the City to apply for and implementation of this Project will enable the City to share its experience with other MWD member agencies. The shared experience and lessons learned will be a valuable tool for other agencies to implement such as project in their service areas. Will this project, increase the �," (i ), �, �ibilit-y lilf;elih(' �)(') ofuture Water conservation improvements by other Water userss',` The proposed project will install solar PV systems to generate an alternative renewable energy supply that will result in future water conservation improvements. According to page 59 of the Santa Ana Climate Action Plan (Appendix A) regarding Municipal Operations Energy Measures, "Solar PV systems are another way for the city to reduce energy costs and emissions, and to set an example to encourage installation of renewable energy by businesses and residents in the community.(emphasis added) Likewise, the resulting new renewable energy improvements by other water users will result in additional future water conservation improvements. f1lease attach y relevant supporting document (.g., letters of support, or memorandum of un ders tan ding). There was not enough time to solicit letters of support as the decision to submit this application was not finalized till very close to the grant deadline. However, as noted in the planning section, this project has the full support of the City management and would have been able to present strong support letters. City Council 26 — 35 12/7/2021 25 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Gart e one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 7-able 2. Non- Federal Funding .Summary Describe the nexus br".'hArrreen the proposed project and a Reclamation project or Reclamation activity. l lr.asr. consider t'hefi���A�rlrA. �. �. Does the applicant, have rr Wrrrtr',r'sr.r'srAcr, repayment,- or O&M contract with r.clrrmrrtion',' No, the City does not have a water service, repayment or O&M contract with Reclamation. a If.the applicant is not rr Reclamation contractor, rRor"s� the applicant receive Reclamation Wrrter. through rr Reclamation contractor or by any other contractual means," Yes, the City of Santa Ana is a member agency of MWD who imports water from the Colorado River and Delta via the SWP and Colorado River Aqueduct (CRA), respectively. The CRA diverts water from the Colorado River at Lake Havasu which is operated by Reclamation. • proposed pt' a r.clrrrr�rrtion pr'��jr.�ct area or'rr�:°tivity'," No. ��/l the A�r��r'«� r.rAr.. • Is the applicant rr Tribe',' No. E. PERFORMANCE S ES The City of Santa Ana proposes to use the following performance measures to quantify the benefits upon completion of the proposed project: Performance Measure No. 1: Energy Generated The measure of performance will be the actual amount of energy generated (kWh) resulting from the construction of the Project. It is expected that the project will generate up to 1,316,942 kWh per year. After construction, and for two years following, the City will provide energy reports for the kWh generated. Performance Measure No. 2: Water Saved (Conserved) The measure of performance will be the actual amount of water consumption reduced after implementation of the Project, quantified as follows: After project implementation, the City will monitor its energy savings as noted above and will use the latest energy consumption of water data to estimate the amount of water conserved as a result of reducing dependence on fossil fuel energy. City Council 26 — 36 12/7/2021 26 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power of Gartne one West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 This document is included in the separate submission with all of the City's completed Standard Form 424 copies. B. ftiriffirig Mari arid Letters ofCommitmerit Describe how the non -Federal share of project costs will be obtained. Reclamation will use this information In making a determination of f nancial capability. The City of Santa Ana has allocated the matching funds required for the Project to be carried to completion. The sources of the cost share are from the City's Water Enterprise Fund. As shown by the City of Santa Ana City Council draft resolution, the City is committed to providing the remaining matching fund to complete the Project effective immediately. Commitment letters from third-party.funding sources should be submitted with your application. �f commitment letters are not available at the time of the application submission, please provide a timeline for submission of all commitment letters. The City of Santa Ana will be providing the matching funding from its own budget. Therefore, no third party funding is included. 7-ab(e.3, Total Project Castsby.Source iab(e 4..Summary of Non -Federal and Federal Funding .Sources Non -Federal Entities. City of Santa Ana $ 1,467,704 50% Non -Federal Subtotal $ 1,467,704 50% Other Federal Entities None $0 -% Other Federal Subtotal $0 -% REQUESTED RECLAMATION FUNDING 1,467,764 50°fa City Council 26 — 37 12/7/2021 27 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant F C. Budget Proposal Table 5, Project Budget Salaries and Wages $ 20,907 Project Manager $ 69.47 288 Hours $ 20,007 Fringe Benefits $ 9,1184 Project Manager $ 31.89 288 Hours $ 9,184 Travel $ N/A Equipment' $ N/A Supplies/Materials $ N/A Contractual/Construction $ ;2,905,216 Design Design phase $ 376,909 1 LS $ 376,909 Construction Equipment-GarthePump Station $ 824,400 1 LS $ 824,400 Equipment -West Pump Station $ 424,764 1 LS $ 424,764 Installation-Garthe Pump Station $ 561,600 1 LS $ 561,600 Installation -West Pump Station $ 283,176 1 LS $ 283,176 Contingency(10%) $ 247,085 1 LS $ 247,085 Construction Management Construction Management (8%) $ 197,668 1 LS $ 187,282 Environmental $ 1,006 BOR Environmental Review $ 1,000 1 LS $ 1,000 Other $ - N/A $ - TOTAL DIRECT COSTS $ 2,935,408 Indirect Costs N/A $ - TOTAL ESTIMATED PROJECT COSTS 2,935,468 D. Budget Narrative Salaries and Wages The salaries and wages are the City's Project Manager who is estimated to spend -2 hours per week for the duration of the Project. City Council 26 — 38 12/7/2021 28 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant FY2022 Fringe Benefits The fringe benefits represent the City's Project Manager's fringe benefits and it is estimated that they will spend —2 hours per week for the duration of the Project. Travel Not applicable. Equipment All equipment costs are included in the Contractual/Construction. Materials and Supplies All material and supplies costs are included in the Contractual/Construction. Contractual/Construction Through a competitive bid process in compliance with all applicable state and federal requirements, a qualified Contractor will be selected to construct the Project. The construction contract will include all relevant equipment, supplies and materials, construction, labor, and management needed to construct the project (as detailed in Table 5) at both Garth and West Pump Stations. Third -Party In -Kind Contributions Not applicable. Environmental and Regulatory Compliance Costs The cost to prepare the environmental documents will be part of the design component of the Project. The $1,000 cost allocated here is for BOR to complete its environmental review. Other Expenses Not applicable. Indirect Costs Not applicable. Total Costs The total cost of the Project is expected to be $2,935,408. City Council 26 — 39 12/7/2021 29 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F WMK Will the proposed project, impact, the surrounding enin ronment (e. g, soil ldwst], air, Water quality and quantity.7, animal habit -at)'," f:11ease briefly describeall earth -disturbing Work and any Wodlthat' Will aect the air, Water, r animal habitat- in the project area. lkMease also explain the impacts of such Work on the surrounding environment and any steps that- could be taken to minimize the impacts. The proposed Project falls under Categorical Exemption for CEQA as identified by the State Resources Agency. (CEQA Guidelines 14 CCR Section 15300-15331). The scope of work on this project requires installation of solar equipment on the roof of existing reservoir structures; therefore, there will be no earth- disturbing work or work that affects the air, water, or animal habitat in the project area. Any incidental impacts from the construction phase of the project will be limited in nature and temporary. To minimize any impacts, the construction period will be limited to city ordinance requirements for noise and traffic. AreyouwA/d�d'd'." o any,���"�'�"."�"i�"s" fi,���°�":d o �"�'rop"�'�'�,���p"d to e fi,���"�"d as a l"�."���"ral t°��'r�":"��t"�":"�pN�p"d or p endangered species, �.�A"A�.�'�°A"":''�R �,'�"A'�°A�,'a 7A'�.��YA't°at- in the project �.�r"A"".'a a:v .��O, qlA/A'��A. l they b����re dvddvd ,�� �'d"."d,"dd".",d� did' designated affected by did"Ay activities associated With the proposed project 2 The Project area includes no known species listed or proposed -to -be -listed as a Federal threatened or endangered species nor designated critical habitat. Ar"A"":'' there qlA/A"":''tMaA"Ads or other surface q/A/atA"":''rs inside the project bouA"AdarAA"":'s that- potentially al under er (.. I MIA /Ad iisdlicthd )n as ra e " of the IMYtedState. .2' If so, please describe and estimate any impacts the proposed project may have. There are no known wetland or surfaced waters inside the project boundaries that potentially fall under CWA jurisdiction as "Waters of the United States". When q/A/as the q/A/atd":"r dd":"ldA/ery system constructed,` For many years, the City of Santa Ana was a ranching community with some farming. To serve this growing agricultural and domestic community, a municipal water system was formed in 1886. Will the proposed project result in any modification of or ddtdt� dddd/dd�d�d��dddd . an ddddddtdn system (e.g., hdadgdtds,, dddaasor fluAds)'2If so, state When those features ee d,d.'�'d"Ns.. �°dd�d"�°d":"d did"Nd describe d":" the nature and�°dd°A�Add"N,.g d�'did"Ny d":"}atd":"d"NsdA/d":" alterations or modifications dd"atdod"Ns to those fd"."atud'd".s completed previously. City Council 26 — 40 12/7/2021 30 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F The Project will be constructed on the roof of two City water storage tanks and will not impact features of the overall irrigation system such as head gates, canals, or flumes. Are any uidAA"A„„ s structures, or. ���� th e ° cultural�'�":" ,. ���°i�'��N �' i,��.,ri�"�° i,��.,p�":�' oreligiblep �'�r fisting the National Register of I fistoric resources ist at your amation office or the State I."lAstA roc f':1resenlatiA' n Office can assist in aA"AsWerAng this questAA' on. No; the proposed project area has no buildings, structures, or features in the irrigation district listed or eligible for listing on the National Register of Historic Places. Ark":" there any A"a'A"A(A In archeological sites in the proposed project area,,' No; the proposed project area includes no known archeological sites. All the proposed project have a disproportionately high and adverse e)!Y ct on l(AA/ income o minority populations',' No; the proposed project will NOT have a disproportionately high and adverse effect on low income or minority populations. In fact, the proposed project will have a POSITIVE effect on the local population, including low income and minority populations. Historically, Santa Ana has had one of the lowest per capita incomes in all of Orange County. The local population (of which more than 78 percent identified as Hispanic or Latino in 2010) will benefit from the efficiency and economic savings that the proposed project implementation will bring. Will the proposed project, A"":''ct, limit, access to and ceremonial usA"":'' of BA"AdAan sacr"A"":''d sAtA"":'s or result, in other impacts on tribal lan&62 No; the proposed project will not limit access to and ceremonial use of Indian sacred sites or result in other impacts on tribal lands All the proposed project, contribute ate to the introduction, continued e}aAsteA°Nce� or spread of A°No}aAous q/A/e,r."&S or'non-native invasive species 1,rn('NA/rA to occur in the area,,' No; the proposed project will NOT contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area. City Council 26 — 41 12/7/2021 31 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F 1. Electrical permit will be issued by the City of Santa Ana Building Department. 2. SCE permit will be sought by the City. City Council 26 — 42 12/7/2021 32 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F There was not enough time to solicit letters of support as the decision to submit this application was not finalized till very close to the grant deadline. However, as noted in the planning section, this project has the full support of the City management and would have been able to present strong support letters. City Council 26 — 43 12/7/2021 33 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe andWest Pump Station Facilities Project Bureau of Reclamation Water Energy and Efficiency Grant F Below is the draft resolution that will be approved by the City Council on December 71", 2021. RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART WATER ENERGY AND EFFICIENCY GRANT PROGRAM FOR THE SOLAR POWER GENERATION AT GARTHE AND WEST PUMP STATION FACILITIES PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana (the City) currently purchases energy from Southern California Edison to deliver potable water to its customers. B. The City adopted a Climate Action Plan that provides guidelines and goals for the City to reduce its carbon emissions by 35% in 2035 based on the 2008 carbon emission baseline. C. The City is in the planning stages of a Solar Power Generation at Garthe and West Pump Station Facilities Project (the Project). The proposed Project involves, among other things, installing photovoltaic modules on top of water storage tanks at the Garthe and West Pump Station facilities and connecting the solar power to power the City's water distribution system. D. By installing solar power at the Garthe and West Pump Station Facilities, the City will generate up to 1,316,942 kWh of renewable energy that offset's the City's consumption of energy derived from fossil fuel combustion, reduce the City's greenhouse gas emissions, and reduce the City's annual electricity bill. E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water Energy and Efficiency Grant Program for this type of project. The program provides up to a maximum of $2,000,000 in grant funding, but not to exceed 50% of the total project cost. F. The City desires to fund part of the cost of the Project with grant funding from the WaterSMART Water Energy and Efficiency Grant Program. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of Public Works, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Resolution No. 2021-XXX Page 1 of 3 City Council 26 — 44 12/7/2021 34 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe andWest Pump Station Facilities Project Bureau of Reclamation Water Energy n Efficiency Grant F wIlroject up to the amountof 111 111 Section 3. The Executive Director of Public Works, or his or her designee„ is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Section 4. The Executive Director of Public Works, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. if a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $2„000,000 in matching funds for the Project plus any remaining balance. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council„ and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ,, rrw• ! 1Y K * «4HUNT1I 1 k « By. John M. Funk Assistant City Attorney AYES: Councilmembers ABSTAIN- Councilmembers NOT PRESENT: Councilmembers • .« Resolution No. 2021-XXX Page 2 oil 3 City Council 26 — 45 12/7/2021 35 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F CERTIFICATE OF ATTESTATION AND ORIGINALITY E, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 021 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2021. Clerk of the Council City of Santa Ana Resolution No, 2021-XXX Page 3 oil 3 City Council 26 — 46 12/7/2021 36 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F REGI T mT]O STAT!0S: A :C'TIVE 1 0 0,. SANTA ARIA, CITE OF Renew Registration Now Sarah ga Legal Business N:a3ne: SANTA A.NA, CITY OF Legal @+usiness Address .. 2'.0 CIVIC'. CENTIEft PLZ IFL. S SANTA,AN.A.,.undefined, USA.., 42701..4058 EmnaiL Ft7UQ Only Phone: FOUO Only Fax:. FOU0 Only (Mailing Address:,. PO tiox.'1.989, NI-17 SANTA ANA, CA, USA, 92701 405B (DUNS: 083153247 CAGE: 4H8L9 Status,Ac dve Purpose tl,f RegiSratic+n. ALL Awards E'lectraric Business P,OC: Name: I Ortn Erman:., IfOU0 nr,Ly US Ph.Gne.:. FCCU0 Only US IPhan, Ext. FOUC1 Only Fax:.FOU0 Only Address : 20 CIVIC CEINTER. PLAZA. M-17 SANTA ANA, C.A., USA, 92701•nuil. City Council 26 — 47 12/7/2021 37 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Appendix A: Santa Ana Climate Action Plan Appendix B: Water Systems Alternative Energy Feasibility Study Appendix C: Santa Ana Water Shortage Contingency Plan Appendix D: Santa Ana Drought Action Plan Appendix E: Santa Ana Water Master Plan Appendix F: Santa Ana 2020 Urban Water Management Plan City Council 12/7/2021 38 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Please see this IGii. ..Ill<...................... e City Council 26 — 49 12/7/2021 39 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solon Power of Garthe one West Pump Station Facilities Project Bureau f Reclamation Water Energy and Efficiency Grant F Appendixm Water Systemsl r to s 6 alai Study Please see Attachment 2 in the "Attachments" section of this grants.gov submittal. City Council 26 — 50 12/7/2021 40 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Please see this IGii. ..Ill<...................... e City Council 26-51 12/7/2021 41 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Please see Attachment 3 in the "Attachments" section of this grants.gov submittal. City Council 26 — 52 12/7/2021 42 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Please see this IGii. ..Ill<...................... City Council 26 — 53 12/7/2021 43 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Generation of Solar Power at Garthe and West Pump Station Facilities Project Bureauf Reclamation Water Energy and Efficiency Grant F Please see this IGii. ..Ill<...................... City Council 26-54 12/7/2021 44 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City w a ntoo a Ana PL,jbl*lc'.' Works Agency W a t', e r R e s 0 U r c: e s Divisio n Energy IPiroect Number: 2009.01 February ry 2019 Newcomb I Anderson McCormick \ If Il...�m L. II ), AC � C', (.���:� I� ��.�.p IIvI Y ncil 1115 w. Sunset Blvd, Suite eles, CA 50012 12/7/2021 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 56 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Foreword The City of Santa Ana Public Works Agency, Water Resources Division, hired Newcomb Anderson McCormick (NAM), a Willdan company, to evaluate the potential to offset some of their electricity purchases with renewable energy. The Agency uses electricity from Southern California Edison (SCE) at about 30 sites around the city for pumping out of wells and pressurizing the distribution system. NAM evaluated past records of pumping operations and electricity use; visited the prospective sites; and reviewed the 2017 Master Water Plan from the Agency. NAM also evaluated the potential to generate electricity from solar power by covering the water storage tanks with solar collectors and by recovering head from the water delivered directly from the Metropolitan Water District. This evaluation assumes that the hydro turbine at SA-1 would continue to generate renewable electricity at its current reduced capacity as a baseline. The savings in this report are the marginal additional savings that would be generated by a new turbine. NAM created cost estimates for constructing these projects and calculated the potential monetary savings by utilizing the new proposed SCE rate schedules, as opposed to the current rates. In addition, a life cycle cost analysis for each option was performed. NAM would like to thank the assistance in performing this project that was provided by Water Resources Manager, Nabil Saba and Assistant Engineer II, Brian Ige. II}} it 26 - 57 2�/7/20 CI"'� III::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 58 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 TABLE OF CONTENTS SECTION 1: EXECUTIVE SUMMARY............................................................................................................. 1 SECTION 2: INTRODUCTION........................................................................................................................ 3 SECTION 3: DESCRIPTION OF SANTA ANA POTABLE WATER DISTRIBUTION SYSTEM ................................ 4 SECTION 4: HISTORICAL WATER DELIVERY................................................................................................. 6 SECTION 5: HISTORICAL ELECTRICITY USE AND RATE SCHEDULES............................................................. 7 61x409Eel ►[:901119:1►11/_1a1il iaA_10l::1419 /:1111=_4a► 1yiyj0419101►1x409Eel ►� to] SECTION 7: POTENTIAL FOR SOLAR POWER GENERATION AT PUMP STATIONS AND CITY YARD........... 22 APPENDICES APPENDIX A— HISTORICAL ELECTRICITY PURCHASES APPENDIX — 2017 MASTER WATER PLAN APPENDIX C—EXISTING BYRON JACKSON HYDRO TURBINE APPENDIX —TURBINE PROPOSALS APPENDIX — PLANT OPERATING RECORDS APPENDIX —MONTHLY PRODUCTION REPORTS APPENDIX G —TURBINE COST ESTIMATES APPENDIX —SOLAR MODEL PARAMETERS NERM191% PREVIEW Date: Nov 03, 2021 26 - 59 Newcarr b I 12 rGion Flllccoiri6ck Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 60 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 1: EXECUTIVE SUMMARY EXECUTIVE 1° The City of Santa Ana Public Works Agency purchases 18,000,000 kWh per year to operate well pumps and booster pumps to deliver potable water to 45,000 customer meters. This report evaluates the potential to install on -site renewable energy systems to offset some of this electric load, lowering electric bills and reducing the associated greenhouse gas (GHG) emissions. The renewable energy resources evaluated include placing solar PV modules on the roofs of the storage tanks at five pump stations (Cambridge, East, Garthe, South and West), as well as at the City Yard; and recovering head from water that is delivered directly to the city from the Metropolitan Water District at a pressure that is higher than the city uses (SA-1 replacement, SA-3, SA-6). The implementation cost and energy savings have been calculated for these projects and a life cycle cost analysis has been performed for the anticipated 25-year life of the equipment. The following table shows the anticipated overall cost and benefit projected for the city. 1,2,3 Turbine SA-1 .. ($C S„IC) .. $38,441 111111 . !Mill $858,509 I I $0.090 425,299 Turbine SA-3 $8 s" , 98 �) 31,965 $409,035 $0.060 536,973 Turbine SA-6 ($1,072„1.14) $55,131 $1,075,182 $0.065 845,901 Solar Garthe Station $38,165 ( 118,8 1) $0.043 894,325 Solar South Station ($1.54„5 2) $3,492 ($77,488) $0.046 75,170 Solar West Station ($7( 7,9y11O) $39,780 $635,398 $0.094 422,617 Solar East Station ($677,1.60) $19,080 ($43,018) $0.048 393,985 Solar Cambridge Station ( s s 1,8(N)) $8,332 ($67 13!5) $0.045 184,480 Solar City Yard ($1,890,I6I) $46,325 ($258„1.25) $0.053 869,805 Total Total "PiµS 24) 280 711 $2,343,220 $0.060 4,648,554 The net effect of all these project is an investment of almost $8 million with 25 years of savings that will exceed the investment by about $2 million. This is not a great financial investment, but it is a good step in implementing the Climate Action Plan with a project that pays for itself. The implementation of these projects would reduce the Water Resources Divisions purchase of electricity by 25% compared to 2016. This would also reduce the GHG emissions of 1,330 Metric tons of CO2 equivalent by a similar percentage from 2016. As the SCE fuel mix changes to less GHG from year to year, the GHG savings will 'Iewcoi Alt I X,Rlour°in a, u,u.mii:,ll 26 — 61 G I1II 112 N1.11ANA I PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Job No. 2669.01 EE�I' y Ern IftE� ri 'UVEv DM.IIEI li' y F:::E�asibflity Study shift accordingly. The City of Santa Ana Climate Action Plan from 2015 indicates that the goal for municipal operations is a CO2e reduction of 30% by the year 2020 and 40% by 2035, relative to the 2008 baseline. It is recommended that the City consider investment in these projects to help achieve the GHG goals, while saving money over the life of the project. The summary table shows the effective cost per kWh at which electricity is being saved. Some of the savings are valued at less than the City currently pays for the electricity due to reasons described in this report. These include anticipated new SCE rates that will shift summer on peak hours later, so little solar power will be generated when it is most highly valued. In other cases where there is not a large existing load (such as SA-3 and SA-6) the power must be wheeled to other meters, which lowers its value. Substituting NEMA wheeling of this power for RES-BCT (described in the report) is a way to significantly increase the value of the electricity for these sites, but SCE would need to approve the arrangement. 1. The Total Installed Cost for the turbine projects includes the anticipated construction contract (labor, materials, tax, overhead and profit), contingency, engineering, and project management, minus a potential incentive for SA-1. See Appendix G. 2. The Total Installed Cost for the solar projects includes the anticipated construction contract, contingency, engineering, project management, and an upfront payment for a performance guarantee. The life cycle numbers include an annual maintenance agreement as well. See Appendix H. 3. The economic analysis assumes that electric rates will escalate at 3.5% per year and that the PV performance will degrade at 0.5% per year. The Net Present Value is calculated with a Discount Rate of 3%. See Appendix H. U I1 26 — 62 Newcoirrib II ir2aJ7� iO?Jccoirirr�ii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 2: INTRODUCTION kits-iffe-im INTRODLIC7 ,1 The City of Santa Ana Public Works Agency operates a water distribution system to deliver potable water to 45,000 meters throughout the city, using a series of pipes, pumps, tanks and wells. The Agency delivers an average of 33.5 million gallons per day (MGD) of water, purchasing 18,000,000 kWh of electricity annually to operate the pumps and other loads. The Agency's average electric load is a little over 2 megawatts. This electricity is purchased from Southern California Edison through meters at pump stations and wells on several different rate schedules. The GHG released in the generation of this electricity, based on the average Southern California Edison (SCE) rates used in the Santa Ana Climate Action Plan, is 0.286 metric tons of CO2 equivalent per Megawatt hour (MWh), or a total of 5,148 metric tons per year. This report evaluates the potential to generate renewable electricity to offset some of the cost of this pumping power and to reduce the GHG impact of this electricity use. The two local renewable resources evaluated in this report are the generation of solar power with photovoltaic (PV) modules mounted on storage tanks and carports at the City Yard, and the recovery of head from water delivered to the city system by the Metropolitan Water District. °Ie�W��coi Alt) � �sJCiQui.in �f�,�lCC01 um�ii�:.11 26 — 63 a�I3" ?939 1.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Job No. 2669.01 EE�I' y Ern IftE� ri 'UVEv DM.11E1 li' y F:::E�asibflity Study kITSIROM DESCRIPTION OFNTA ANA POTABLE ER DISTRIBUTION SYSTEM The following information comes from discussions with the Agency engineers, observations at a number of pump stations, and a review of the 2017 Santa Ana Water Masterplan. 3.1 III%III,,,,,S The city is divided into two zones for potable water supply, the small upper or north zone (northeast of Interstate 5), and the lower or main zone covering the rest of the city. The upper zone is kept at a pressure of about 100 psig, while the main zone was observed to have a pressure of about 70 psig as water leaves the booster pumps, with a lower pressure as it flows through the distribution system. v rA I114 IIS The City of Santa Ana Public Works Agency stores its water in grade level atmospheric tanks, or reservoirs, located around the city, with a total capacity of about 49 million gallons. The tanks are typically from 17 to 35 feet high, with water kept within several feet of the top. This is enough water to serve the city's typical load for more than a day, although it is important to keep the tanks relatively full to meet potential emergency requirements. Ilf "' II[;;; III III°, a III::, Booster pumps (totaling a capacity of 105 million gallons per day and 3,975 hp motor capacity) at each of the tanks pressurize this water from about 6 to 12 psig in the tank to approximately 70 psig for distribution to customers in most of the city, or 100 psig in the upper zone. III.....III,,,,III,,,, III°1 III°1S Most water is supplied to these tanks by well pumps distributed around the city (21 pumps totaling 5,300 hp in motor capacity). These wells have the capacity to deliver 74 million gallons per day, pumping from a depth of 100 to 300 feet. Fourteen of these well pumps deliver water to the tanks, pumping to 6 to 12 psig. Seven well pumps feed directly into the higher distribution pressure, corresponding to the distribution pressure in that zone. Groundwater in this aquifer is managed by the Orange County Water District in coordination with Metropolitan Water District (MWD). 3.5 IIG III* III* II[;;; "' "III III III° III III "'r About 25 to 30% of the City's water is delivered directly by MWD to the city's pressurized distribution system through 7 connection points around the city. The connection points use pressure reducing valves (PRVs) to drop the pressure from approximately 160 to 190 psig in the MWD pipes to the city pressure of approximately 70 psig, or 100 psig in the case of SA-6, the one connection in the upper zone. II}} it 26 — 64 2�/7/20 CI"'� OII::: AN- V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 9 One Connection Point, SA-1, has a hydro turbine to generate electricity with some of this pressure differential. Its operation will be discussed later in the report. The design capacity of these 7 connections is 87 million gallons per day, but they are typically operated at lower flow rates. 11 11:..:.VA „rid lie s The city has relatively little change in elevation and the water is maintained in one distribution system for the main zone, more or less at the same pressure and elevation throughout most of the city. The analysis will assume that the small differences in elevation do not affect the performance of the systems. 3.7 s The Agency also operates two wastewater lift stations to deliver it to the regional treatment plant, although these are a small fraction of the annual electrical use. p W a:, urr ll�iV Cou.in ,�l '011um�ii�: " 26 — 65 11�11 12 11� 11'A MIN A PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Job No. 2669.01 EE�I' y Ern IftE� ri 'UVEV DM.IIEI li' y F:::E�asibflity Study kITSIROM I 11STORICAL WATER DELIVERY Per the 2017 Master Water Plan, the City of Santa Ana delivers an average potable water flow of 33.5 MGD, with a maximum daily flow of 45.2 MGD. This total water use is about 12 billion gallons per year, with a peak flow rate of 45,000 gallons per minute (gpm) and an average flow rate of 23,000 gpm. The projection for growth in the Master Plan is fairly moderate, with an anticipated Near -Term average daily load rising to 34.9 MGD, and the full buildout (2040) average load rising to 35.5 MGD, 6% higher than today's load. This analysis will not evaluate the potential effects of increasing loads in the future, because the growth rate is expected to be quite low. EIMMIU11 26 — 66 Newcoirrib II ir2aJ7� iO?Jccoirirr�ii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 5: HISTORICAL ELECTRICITY USE AND RATE SCHEDULES kits-iffe-im I 11STORICAL ELECTRICITY USE AND RATE SCI IEDLILES The Agency purchased 18,284,786 kWh in calendar year 2016. This implies an average use of 2,087 kW throughout the year. Note that the Agency used somewhat more electricity than this, but a portion of this use was offset by the existing hydro generator. There are 31 main Southern California Edison (SCE) electric meters throughout the city serving the water system. Some of these just serve one well pump or one pressure reducing valve. Other meters serve multiple booster pumps and well pumps at a given pump station. 5. 1 IRA rii:..:..: The largest electric loads are served by TOU-8-13 rate schedules. Smaller pumping loads are served by TOU-PA-3 and TOU-PA-2 rate schedules. Other meters that just serve a pressure reducing valve (instrumentation, light, ventilation) are served by the TOU-GS-1 rate schedule. These are all Time of Use rate schedules. The most expensive electricity is sold during the summer On Peak period, which occurs from noon to 6 pm on weekdays during June, July, August and September. SCE announced in 2017 its intention to change the hours which are billed as On Peak, reflecting the amount of solar energy on their grid during the middle of the day. The proposed On Peak hours are 4 pm to 9 pm on weekdays, representing the new grid peak demand when loads are high and are not offset by solar generation. The proposal is currently under negotiation with the California Public Utilities Commission. The final outcome is uncertain, but the consensus is that the new On Peak period will be as requested by SCE, or within an hour of the request. Projects in this report will be evaluated based on the SCE proposed rate schedule. Even though it is not finalized, the proposed rate schedule should give a more accurate picture of the likely savings from these projects. The new time of use periods will not have a significant impact on the hydro turbine project because the turbines will typically operate the same during the afternoons as they do during the evenings. The new time of use periods, however, will adversely impact the value of solar energy. Under the current rate schedule most of the solar energy generated offsets the more expensive electricity of the On Peak and Mid Peak periods. Under the proposed rate schedule most solar energy will offset the less expensive Off Peak electricity during the summer and Super Off Peak electricity during the winter. The solar savings are calculated by calculating the performance of the solar system for every hour of the year, based on a Typical Meteorological Year, and applying the energy and demand costs for that hour to assemble a bill for every month of the year. 'IeW�W�C01nnl[9 I(JCosur°inll�f�,�lCC01,u.m�ii�: " 26 — 67 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Job No. 2669.01 EE�I' y Ern IltE� ri 'UVEV DM.IIEI li' y F:::E�asibflity Study III III,,,,, r III,,,,, III* III,,,,, III III,,,,, rIII,,,,, III III III Net Energy Metering is an arrangement with SCE to give near -full retail value for renewable electricity to the customer who generates it. If the customer is generating more renewable electricity than the site is using, the net electricity is taken by SCE and credited to the customer for the retail value at the time the power is delivered. The solar projects will take advantage of this around noon at their peak output. They may be generating more power than the site is using, but they get compensated at the retail rate in effect whenever the power is exported. Solar projects attempting to offset a significant portion of the site load often export power during the middle of the day and import it the rest of the day. Without Net Energy Metering any excess electricity exported to SCE would be compensated at a few pennies a kWh. 5. 3III III.....°r II[;;; III* II[;;; III II[.:..: "II[;;; III III III GII II[;;;G"' "III III Net Energy Metering Aggregation (NEMA) is an arrangement with the utility to allow a site that generates more electricity than it uses over the course of the year to use the excess electricity to offset load on adjacent sites owned by the city. For example, if a renewable system were installed on one parcel and it generated more electricity than the loads on that parcel used in a year, the excess electricity could be used to offset electricity use at an adjacent parcel at retail rates. If Lot 1 had a renewable power source and it touched Lot 2 but not Lot 3, but Lot 2 touched Lot 3, then the Lot 1 power can be used to offset the Lot 3 load. A chain of contiguous sites can be used to pass power from one end to the other, even if it is not used by the middle sites. There are several sites that we anticipate will generate more electricity than they use. These include the hydro turbines at SA-3 and SA-6. The two turbine sites are offsetting very small loads at each site, as opposed to SA-1 which has a large pump load at the site to offset. One can make the argument that the SA-3 and SA-6 parcels are contiguous to the parcel the street is on, and all are owned by the city. That parcel is likely contiguous with all other parcels that hold streets and all are owned by the city. If this is the case, the power from one site, say the South Station, could be used at any city parcel contiguous with a street to offset electricity loads at retail rates. We have not seen this done before, but it is worth an attempt to maximize the value of the electricity. We raised the question with SCE NEM Customer Interconnection Services and they responded as follows: For the purpose of NEM Aggregation, Schedule NEM-S Special Condition 5 speaks to the eligibility NR NEM Customer Interconnection Services Southern California Edison Customer. Generation sce.cam (866) 600-6290 IMMM191% 26 — 68 NewcoirnbII ir2aJ7� iO?Jccoirirr�ii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 5: HISTORICAL ELECTRICITY USE AND RATE SCHEDULES This is the preferred rate schedule to use with this project, but if it is not available, rate schedule RES-BCT will work. III III..... III III..... III. IIL... III..... II[;;; III* II[;;; III & II[;;; II1 Ilf °: ,,,, III..... III III..... III „III III ,......,, Ilf III I11 I11 III II[;;; IiG III „ „III III Ilf °III..... III III II[;;; &,,,, ii, „o A more conventional approach to using excess renewable generation at one site to offset electricity use at another site is RES-BCT. This approach requires that the sites have the same owner, but they do not need to be contiguous. One Generating Account can deliver power to up to 50 Benefitting Accounts. This could assure that excess power at the South Station and the two hydro turbines could always be used to offset energy use at various pump loads. The disadvantage to RES-BCT is that the full retail value of the electricity does not get transferred to the other meter. The Generation portion of the rate transfers, but the Delivery Service (Transmission and Distribution) does not transfer. Under the Schedule TOU-GS-1-13 likely to be used, this excludes a portion of the monetary savings. These projects are evaluated in this report using the RES-BCT rate, which is the likely default. They will also be evaluated using the NEMA rate, which is more beneficial to the City, but not guaranteed to be accepted, should it be pursued with SCE. 'IeW�W�C01nnl[9 I(JCosur°inll�f�,�lCC01,u.m�ii�: " 26 — 69 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 10 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y F:::E�asi lillit Study 6.1 II[.:..: III III° III,,,, III rXIN WA"' II[;;; III IIG III s"'r III III c"'r III* III II[;;; "' "III III s The Santa Ana water system has seven connection points with the Metropolitan Water District, SA-1 through SA- 7. Each station contains a pressure reduction controller to convert from MWD pressure to city water pressure. MWD pressure typically ranges from 160 to 190 psig, per logs of plant operation. City water is typically controlled at 63 to 75 psig. There are one to three pressure reducing valves at each station to regulate pressure, sized for different flow rates. Flow at a station is typically manually set at a given rate for weeks or months at a time, counting on the booster pumps to automatically cycle or change speed, to fine tune pressure in the distribution system. A number of these pumps operate with Variable Frequency Drive controls to more closely match the loads. The flow through each of these connection points is shown in the following table, derived from the city's Monthly Production Reports. This is monthly data for calendar year 2017 and is taken to be representative of flows in typical years. Total water delivered by MWD peaks in the fall months and is close to zero during January. Note that some interconnection points were not used at all in 2017, and some were used minimally. (SA-5 was out of service, per the 2017 Water Master Plan.) The following table shows the Normal Operating Capacity for each MWD connection, as listed in the 2017 Water Masterplan, and its equivalent in CFS. CITY Of ' Vt 26 — 70 INewcairrribI 2 rGior)? I cCainrrridk PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Mi One can see in the monthly water meter readings that station SA-1 delivered an almost constant flow from April through December, illustrating that the valves are sometimes fully opened for a month or more. This monthly flow of about 21 million cubic feet is equivalent to 8 CFS, the Normal Operating Capacity listed for this station. Similarly, station SA-3 operated at close to 8 CFS for all the hours of November and December. SA-6 operated at 12 CFS for all the hours of September and October. The following table shows the calculated percent operating time for each station by month in 2017. Normal Operating Capacity (CFS) MWD Connection Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17 Oct-17 Nov-17 Dec-17 8.0 8.0 8.0 7.5 7.5 12.0 7.5 SA-1 SA-2 SA-3 SA-4 SA-5 SA-6 SA-7 0% 0% 0% 0% 0% 7% 12% 23% 0% 12% 0% 0% 48% 46% 25% 0% 27% 0% 0% 51% 0% 94% 0% 32% 0% 0% 81% 17% 98% 0% 43% 0% 0% 67% 0% 69% 0% 44% 0% 0% 70% 24% 100% 0% 47% 0% 0% 67% 0% 100% 0% 36% 43% 0% 83% 0% 100% 0% 47% 86% 0% 101% 1% 99% 0% 81% 56% 0% 101% 2% 99% 0% 93% 0% 0% 67% 0% 100% 0% 92% 0% 0% 66% 0% It is understood that the MWD connections are typically operated fully open or fully closed. During months when the flow is less than this capacity, it is assumed that during some hours of the month this full rate is used and during the other hours of the month the flow is zero. U W a:, urr ll�iV Cou.in ,�l '011um�ii�: " 26-71 11111 12 11� 11'A MIN A PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 12 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEV DM.IIEI li' y F:::E�asibflity Study In the evaluation of hydro turbines to make electricity from the excess pressure, this suggests that the efficiency at this design flow is important, but the partial flow efficiency is not critical. The monetary benefits for this project will be calculated according to the SCE rate schedules that are used for each account. When a unit operated, say 23% of the hours in a month, it will be assumed that this implies it operates 23% of the On Peak hours, 23% of the Mid Peak hours and 23% of the Off Peak hours. A demand savings for a given month is only be included if the unit operates at least 95% of the hours that month to keep the savings fairly conservative. The historical flow data is converted into anticipated full load operating hours per month for each MWD connection in the following table. 1, MWID Connection The following table shows the total water flow in 2017 by connection point. Note that three connection points, SA-1, SA-3 and SA-6 represent 91% of all the MWD flow for the year. These three stations will be investigated for the potential to generate power from this water flow. 191,384,600 :00 ••. 00 .•. 255,544,800 19,225,600 619,844,100 MINSMIU11 26 — 72 Newcoirrib I 12)VI iON ?JcCoiri6dk PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 6: POTENTIAL FOR HEAD RECOVERY AT MWD CONNECTIONS 13 Station SA-1 is the only MWD connection point where electricity is currently generated. The generator is in a pump building at the Garthe Pumping Station. MWD water is fed through a Byron Jackson two stage hydro turbine, which drives a 200 hp Siemens Allis generator to offset purchases of electricity for the wells and booster pumps at this site. The address of this station is 2401 N. Bristol Street. The SCE Service Account number is 3- 001-3273-57 and the Rate Schedule is TOU-PA-3-B-S. The configuration of this turbine installation is shown in Figure 1. After the discharge of the turbine there is a manual control valve (fully open during the site visit) and a pressure regulating valve to drop the pressure as needed to match the City pressure. The MWD pressure observed at SA-1 during July 2018 was 164 psig, while the City system pressure was observed to be 73 psig. Generator 8 kW 164 12 PSlG PSIS i A Turbine PUrnp Poorn Figure 1. Ball Valve with lvlotoruz;ed Flow Controller Mllotorized E Im 73 PSI To Santa Area Distr butaon The pressure after the turbine and before the PRV was observed to be 127 psig per the local meter. This means a pressure drop of 37 psi, or 85 feet through the turbine. The flow at this time was 8.2 CFS and the turbine was metered at 68 kW of electrical power. Note that the theoretical power can be calculated from flow and pressure drop as follows. This calculation assumes a turbine mechanical efficiency of 70%. This low pressure drop puts the turbine outside its normal operating range, so the efficiency is only an assumption. 82 fi"s hp sec 62,4 i��is 0,746� ff sec 85 t 55 1 l as s 7f1��'r� nieci�, e.� f ., 9'5°r�r� elect., off �r� � 39 k The theoretical power production under these conditions is estimated at 39 kW, while the electric meter reads 68 kW. We will assume that the electric meter is reading correctly here, as that gives more conservative results 'IrW�W�C01nnl[9 I(Jeisoi°inll�f�,�lCC01lllm�iir: " 26 — 73 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 14 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y F:::E�asibflity Study for the project. This would mean that perhaps the intermediate pressure meter was not reading accurately. The original design submittal for the turbine showed a selection point at 8.0 CFS and 200 feet. Note, there are two stages of the turbine in series, so the pressure -drop for each stage (100 feet) is added together to get the total pressure drop of 200 feet. Historical logs available for 2006 and earlier indicate the following typical operation points: MWD pressure at 165 to 190 psig. (average 177 psig) Mid pressure at 68 to 75 psig. (average 71 psig) System pressure at 60 to 69 psig. (average 64 psig) This corresponds to the generator putting out 130 to 165 kW of power output. (average 147 kW) The pressure -drop in previous years averaged 106 psi through the turbine, or 244 feet of water, closer to its design drop of 200 feet. This leads us to the conclusion that the head recovery system is not currently working properly, as less head is dropped through the turbine than shown in the design or shown in historical operation records. It is assumed for this report that the observed operations represent the actual baseline operations for this unit. The unit is about 32 years old and was rebuilt about 14 years ago. It is assumed that the inefficiencies in the current operations represent the typical operating conditions due to the condition of the turbine, or its controls, or the PRV's controls, and that this can be considered the baseline operation of the system. If the Agency has a quick -fix and can lower the discharge pressure of the turbine back to about 71 psig, that can then be treated as the baseline of operations for this project. III° "' II[;;; III "'r III III,,,, III°,III II[;;; "'r A"'r S.I The proposed project for SA-1 is to replace the hydro -generator with a new unit, as illustrated in Figure 2. The new unit would be designed around the parameters the original unit was built for. The original operation was called out for a flowrate of 8 CFS. This is the flowrate that the unit is typically controlled to. II}} it 26 — 74 2�/7/20 CI"'� III::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 6: POTENTIAL FOR HEAD RECOVERY AT MWD CONNECTIONS 15 Figure 2 SA-1 Proposed Configuration Ball Valve New Generator with Motorized FIlo+awr Controller ..,.. Nornnalll r rre O New °aerie PUMP POOM ] Motorized M ormally Open 1WD P V To Santa Ana Di tr1bution AA , New Construction The original pressure drop was designed for 200 feet, or 87 psi. The actual pressure drop appears to range from 217 to 275 feet, or 94 to 119 psi. A turbine should be selected that operates well over this pressure range. For the purposes of this analysis, a single operating pressure differential will be used. The midpoint of the observed pressure ranges is 245 feet, or 106 psi. One potential turbine that could be used in place of the Byron Jackson turbine is a Canyon Hydro In -Line Turbine ILT12-33-9.0. This turbine has a 12-inch supply and discharge pipes in the same configuration as the current turbine, with a vertical axis and the generator mounted above the turbine. A proposal for this turbine generator package is contained in the Appendix. Another proposal is presented for a turbine with a horizontal axis manufactured by Gilkes. In this case the Canyon turbine is less expensive and matches the geometry of the existing installation. The Canyon Hydro turbine curve indicates a mechanical efficiency of 83.5% at the design point of 8 CFS and 245 feet. This implies an electrical output calculated as follows: 8,0 ft 2, hp Ll A tT- 3.5% inech. �". e 9'�% elect, . ; ' 0„7 = 132 k sec 55 Through the installation of a new hydro -turbine and generator at SA-1, the output of the generator will increase from 68 kW to 132 kW. This will happen for the 6,645 hours per year that this connection is in use, for an electrical savings of 425,280 kWh per year. Note, the existing turbine is calculated to generate 68 kW x 6,645 hours per year, or 425,299 kWh per year of renewable electricity. 'IewWwcoirraltP ,(JCi ur°inll�f�,�lC('0u,u.rraiiw: " 26 — 75 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 16 Job No. 2669.01 EE�I' y Ern ltE� ri 'UVEv DM.11E1 li' y F:::E�asibflity Study When this savings is applied to the appropriate hours for each month with the rate schedule in use at the site, the monetary savings for one year is projected to be $38,441. The electricity saved through this rate schedule is worth approximately $0.09 per kWh on rate TOU-PA-3-E. The projected cost to purchase and install the new hydro turbine is $718,000. This involves removing the existing turbine/generator and installing a new, similar unit and connecting it to the electrical and control systems. Interconnection with SCE is required for this project, but since the turbine is small relative to the site load, and since a turbine generator has been tied to SCE in the past, a large effort is not projected. The Pressure Reduction Turbine project at SA-1 is likely eligible for an SCE incentive through the statewide Self Generation Incentive Program. This is currently offering $600 per kW for this type of installation. This incentive of $79,200 would lower the capital cost of the project to $638,763. Note that half of this incentive is likely to be payable upfront, while the other half is payable over the first five years of operation. For simplicity's sake it is all being treated as an upfront incentive. Only the SA-1 is eligible for an incentive under the SGIP program. This turbine will offset electricity already used at the site. Since the turbines at SA-3 and SA-6 will primarily export power to other sites, as they have no significant power use onsite to offset, they likely do not qualify for the SGIP incentive. Also, SGIP incentives for solar power generation were fully expended a number of years ago. In this application, the demolition of the existing unit is expected to include the removal of the generator, turbine shaft, impellers and upper housing. The existing turbine has a large bell set in concrete to house the impellers which hang down from the frame. This bell can likely be filled with rebar and concrete to form the foundation for the new turbine, whose impeller does not hang lower than the inlet and outlet pipes. The typical design of a head recovery turbine puts it in parallel with the existing PRV. Water flow through the turbine is the first loading order, controlled to a setpoint such as 8 CFS by the turbine wicket gates. If the resulting flow does not meet the pressure requirements of the plant discharge, the parallel PRV can open to maintain the desired pressure setpoint. In this case, the parallel PRV is installed in a room at a lower elevation than the existing turbine. However, it is expected that the turbine alone would operate normally when the 8 CFS flow is desired. In the new scenario, the manual valve and PRV installed in series with the turbine not necessary. A new automated valve will be installed upstream of the turbine to provide a remote shut off for water flow through the turbine. The existing manual valve and PRV in series with the turbines can be opened fully or removed to create a smaller pressure drop. The existing turbine generator is 32 years old, presumably approaching the end of its useful life. Should the turbine fail the baseline generation would be zero kWh per year. In that case the installation of the new turbine would increase net -generation by 877,140 kWh per year. When this savings is applied to the appropriate hours each month the monetary savings for one year is projected to be about $90,000. Note that these savings assume that the rate schedule remains unchanged for the meter that serves the whole site. II}} it 26 — 76 2�/7/20 CI"'� OII::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 6: POTENTIAL FOR HEAD RECOVERY AT MWD CONNECTIONS 17 III„ s r A riaim SA, The pressure reducing station SA-3 is installed in a vault under the sidewalk at the south east corner of Bristol Street and McFadden Avenue. The configuration is shown in Figure 3, with one PRV and two isolation valves, approximately eight feet below the sidewalk. The SCADA monitoring and associated electrical meter are installed in small cabinets mounted nearby on the sidewalk. The SCE Service Account is 3-035-8796-80 and the Rate Schedule is TOU-GS-1-A. The PRV flow rate is typically controlled to 8 CFS when in use. The observed pressure drop was from 172 to 85 psig, according to the installed pressure gages. Figure 3 WD PRV To Santa, Aria Distribution aUIt U,ride r S i iewaIk 6.5 III° "' II[;;; III "' "III III,,,, III°,III Iii:..:..:c r°r S The proposed project at SA-3 is to install a new hydro -turbine generator in parallel with the existing Pressure Reducing Valve. There is no room in the existing vault, so a new vault would be required side by side with the existing vault. This is illustrated in Figure 4. The new vault would contain the new hydro -turbine and generator, a remotely controlled valve on the inlet of the turbine and an isolation valve on the discharge, an electrical panel to control the turbine and take power from it, a new metered connection to deliver the power to SCE, and some additional SCADA points. °Ie�W��coin�ll',9 ,(JCisoi iin �f�,�C('0u,u.m�ii�: " 26 — 77 G II�II" 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 18 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y 1::::E�asibflity Study Figure 4 MY47AMMU When the Agency needs 8 CFS through this station it would open flow through the turbine, using a combination of the automated valve and the wicket gates to minimize sudden pressure changes. The existing PRV could be kept at a higher setpoint so that it does not typically operate unless there were an unusual demand for water at this point. The control valve and wicket gates would be remotely operated to shut down flow in the turbine when appropriate as well. The electricity generated by the hydro turbine at this location cannot offset an adjacent City of Santa Ana load, as the only electric load at this location is instrumentation and lighting. It is anticipated that the generated electricity will be used to off -set another city meter through the Renewable Energy Self -generation Bill Credit Transfer mechanism know as RES BCT. This allows the value of electricity generated by the turbine to be metered by SCE on a TOU-GS-1 rate schedule. The dollar value of this electricity can be used to offset the generation component at one or more city electric meters. The anticipated generation of electricity from this turbine at 8 CFS and the standard pressure drop means it will generate the same average electric output as the SA-1 installation, 132 kW. In the case of SA-3, the anticipated full load hours of operation are expected to be 4,068 hours per year, so the anticipated energy generation is 536,976 kWh per year. The monetary value for this savings based on the RES-BCT Generation portion of the TOU-GS-I-LG rate schedule is $31,965 per year. The electricity is worth about $0.06 per kWh through the RES-BCT program. If this project were approved by SCE as a NEMA project, the value of the electricity generated at the TOU-GS-1-E rate schedule would be approximately $0.14 per kWh, more than doubling the monetary savings. II}} it 26 — 78 2�/7/20 CI"'� OII::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 6: POTENTIAL FOR HEAD RECOVERY AT MWD CONNECTIONS 19 The projected cost to purchase and install the new hydro turbine is $835,988. This involves the purchase of the new turbine generator set with electrical panel and controls, the construction of a new vault below the sidewalk to house the turbine and switchgear, the connection with SCE including a new transformer to accept the power, and integration with the existing SCADA controls. The pressure reducing station SA-6 is installed in a vault under the sidewalk at the northeast corner of E. Santa Clara Avenue and Tustin Avenue. The configuration is shown in Figure 5, with three PRVs and six isolation valves, approximately eight feet below the sidewalk. The SCADA monitoring and associated electrical meter are installed in small cabinets mounted nearby on the sidewalk. The SCE Service Account number and rate schedule is not known. The three PRVs are installed in parallel at different sizes, 6-inch, 10-inch and 16-inch. The combined operation of these PRVs is typically controlled at 12 CFS. The typical pressure drop through this station is assumed to be the typical MWD pressure (177 psig) reduced to the upper zone pressure of 100 psig, for a pressure difference of 77 psig (or 178 feet). Figure 5 Vault Under Sidewalk UJOCK to An:a The proposed project at SA-6 is to install a new hydro turbine generator in parallel with the existing Pressure Reducing Valves. There is no room in the existing vault, so a new vault would be required, potentially on the north side of the existing vault. This is illustrated in Figure 6. The new vault would contain the new hydro 'JeW�W�C01nnl[9 I(JCosur°inll�f�,�lCC01,u.m�iiC[' 26 — 79 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 20 Job No. 2669.01 EE�I' y tE�rn ftE� ri 'UVEv E111Eli' y 1::::E�asibflity Study turbine and generator, a remotely controlled valve on the inlet of the turbine and an isolation valve on the discharge, an electrical panel to control the turbine and take power from it, a new metered connection to deliver the power to SCE, and some additional SCADA points. Figure 6 Vault Under Sidewalk ata Ana Buck .....Wl� New Construction When the Agency needs 12 CFS through this station it would open flow through the turbine, using a combination of the automated valve and the wicket gates to minimize sudden pressure changes. The PRV could be kept at a higher setpoint so that it does not typically operate unless there were an unusual demand for water at this point. The control valve and wicket gates would be remotely operated to shut down flow in the turbine when appropriate, as well. The electricity generated by the hydro -turbine at this location cannot offset an adjacent City of Santa Ana load, as the only electric load at this location is instrumentation and lighting. It is anticipated that the generated electricity will be used to off -set another city meter through the Renewable Energy Self -generation Bill Credit Transfer mechanism know as RES BCT. This allows the value of electricity generated by the turbine to be metered by SCE on a TOU-GS-1-C rate schedule. The dollar value of this electricity can be used to offset the generation component at one or more city electric meters. The power produced by this flow and pressure difference is calculated here. The pressure drop is lower than for the other turbines, because the discharge of the turbine goes to the higher -pressure zone in the city, so the typical pressure drop is from 177 to 100 psig. II}} it 26 — 80 2�/7/20 CI"'� OII::: Ak V New coirrwll� I eirseairw I ��eainrrwii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 6: POTENTIAL FOR HEAD RECOVERY AT MWD CONNECTIONS 21 1 ft3 �aP'Sec 2,4 leis �i„7� kW ,sec 178. 550 aft 1bs, 8'.3,S aaa c h = 143 ;ta 7 This assumes the same mechanical efficiency as found for the 12-inch turbine for the 8 CFS flow rate. This turbine is likely to be a 14 or 16-inch unit. In the case of SA-6, the anticipated full load hours of operation are expected to be 5,915 hours per year, so the anticipated energy generation is 845,901 kWh per year. The monetary value for this electricity based on the RES-BCT arrangement with the Generation portion of TOU- GS-1-LG rate schedule is $55,131 per year. The value of the generated electricity is approximately $0.065 per kWh. Should the City sign up with SCE through the NEMA program, the electricity would be worth approximately $0.145 per kWh, more than double the RES-BCT savings. The City would need to enter discussions with SCE and possibly apply for an interconnection to determine which rate will apply to this project. The projected cost to purchase and install the new hydro -turbine is $1,072,174. This involves the purchase of the new turbine generator set with electrical panel and controls, the construction of a new vault below the sidewalk to house the turbine and switchgear, the connection with SCE including a new transformer to accept the power, and integration with the existing SCADA controls. °Ie�W�coin�ll,9 ,(JCisur°in �f�,�C('0u,u.m�ii�: " 26 — 81 G II�II 112 11�.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 22 Job No. 2669.01 EE�I' y Ern ltE� ri 'UVEv DM.11E1 li' y F:::E�asibflity Study kITSIROM T ] NS AND CITY R There are several city -owned and operated locations that have the potential for the addition of solar PV. These sites include Garthe station, South station, West station, East station, Cambridge station, and the City Yard. The following table lists the existing conditions of these locations. After completing site -walks to get a close inspection of solar installation potential, preliminary designs were made to determine the anticipated rate tariff, total system size, annual performance projections, and relative load off -set for each site. A summary of this information can be seen in the following table. Each project would be interconnected to the local electric utility (SCE) through their Net Energy Metering (NEM) program. NEM allows systems to export to the grid during times when the site load is less than the solar PV generation, receiving a credit worth nearly the full retail rate of the energy being exported. The NEM policy does not allow for systems to be installed that would generate more than the site's annual load. It is assumed that the water tank sites would utilize either a ballasted mounting system, or a direct attachment, as there are different types of roofs on the reservoirs. An example of a solar system installed atop a municipal water reservoir is shown here from West Sacramento. (This photograph is from the Sunworks website.) II}} it 26 — 82 2�/7/20 CI"'� III::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 7: POTENTIAL FOR SOLAR POWER GENERATION AT PUMPSTATIONS & CITY YARD 23 In the case of the City Yard, a series of carports would be used to reach the desired solar PV output. Note, the designs compiled in this proposal are preliminary, and are not intended for construction; a structural engineer would need to evaluate the site specifics for each design to ensure the safety and security of the systems. During the site walk, some trees were identified as allowable for removal, while others, such as those on adjacent properties, were not allowed to be removed; the preliminary designs have accounted for this information. After evaluating the site's load and solar PV potential, examining the current and expected future rate tariff, the NAM team was able to calculate the financial benefit of these projects, independently and as a portfolio. Although a simple loan and a power purchase agreement were both evaluated, for the purposes of this summary report, the NAM team has focused on the results of the cash -purchase option, since it is the most financially advantageous. The following table shows the sites under consideration for PV, the current and recommended SCE rate schedule to provide the lowest rate with solar power, the size of the proposed system in DC kW (based on the nominal DC rating of the proposed solar modules, and the anticipated construction cost per DC Watt of system capacity. The cost per Watt varies according to the size of the system and the complexity of installation, with a higher cost for parking lot shade structures because of the extra construction materials involved. I W a:. urr ll�iV Cou.in ,�la '011m�ii�:,ll 26 — 83 " 317/129 111 11'A MINA PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 24 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y F:::E�asibflity Study West V349N-017847 SCE TOU-8-D TOU-8-E 230 $2.75 East V345R-006147 SCE TOU-PA-3-E TOU-PA-3-E 220 $2.75 Cambridge V345N-001335 SCE TOU-PA-3- D TOU-PA-3-D 100 $3.00 City Yard I V349N-014832 SCE TO U -G S-3 - D TOU-GS-3-D 523 $3.25 These designs were simulated using HelioScope, and industry standard PV simulation program. This program uses a local weather data file and calculates the hourly performance of the system based on the angle of insolation, the air temperature, the wind speed, the intensity of clouds, and so on. The hourly PV output is subtracted from the hourly electric load profile data from SCE to determine the hourly energy use with PV in place. The electric bill is calculated based on how these kWh fall into the On -Peak, Part -Peak, and other bins to calculate 12 monthly bills for the site with and without solar. The annual bill savings are included with the system capital cost to evaluate the lifecycle vale of the project and its energy savings. The parameters included in this analysis are listed in the Appendices. The following table summarizes the outcomes of the financial evaluation. The sum of all the solar projects has a positive net -benefit over 25 years. However, it is only the Garthe Station and the West Station that have positive net -benefits as individual sites. Further, it is only the West Station that has a significantly positive net -benefit. The following figures show the preliminary solar layouts at each site, with some initial commentary on some of the challenges that might arise with each design. II}} it 26 — 84 2�/7/20 CI"'� OII::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 7: POTENTIAL FOR SOLAR POWER GENERATION AT PUMPSTATIONS & CITY YARD 25 Garthe Station —This array utilizes the roof space of both circular storage tanks, as well as the roof surface of the rectangular reservoir to the northeast. Shading concerns from trees to the south of the building have reduced the amount of available roof space. Since these trees are not on the city's property, they will be difficult to remove. All surfaces account for existing equipment that limit the available space for the installation of solar PV modules. These arrays would likely utilize a ballast mounted system, pending an in-depth structural analysis. °Ie�W�colirr�l[P I(JCiQui.in �f�, C(,011Ni�:.11 26 — 85 a�I3" ?939 1.11 N PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 26 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y F:::E�asibflity Study South Station — This array utilizes the roof space of both storage tanks. All surfaces account for existing equipment that limit the available space for the installation of solar PV modules. These arrays would likely utilize a ballast mounted system, pending a structural analysis. II}} it 26 — 86 2�/7/20 CI"'� III::: Ak V Newcoirrib I eirson I ��eainnii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 7: POTENTIAL FOR SOLAR POWER GENERATION AT PUMPSTATIONS & CITY YARD 27 West — This array utilizes the roof space of the single storage tank, while taking into account existing equipment that limits the available space for the installation of solar PV modules. This array would likely utilize a ballast mounted system, pending a structural analysis. I W a:. u rr 11 � q Cou.°in �,�l ' 011 a m� ii �: " 26 — 87 11�11 12 11� 11'A MIN A PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 28 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEv DM.IIEI li' y F:::E�asi lillit Study East — This array utilizes the roof space of the single storage tank, while taking into account existing equipment that limits the available space for the installation of solar PV modules. This array would likely utilize a ballast mounted system, pending an in-depth structural analysis. IMMM191% 26 — 88 Newcoirrib II ir2aJ7� iO?Jccoirirr�ii& PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 SECTION 7: POTENTIAL FOR SOLAR POWER GENERATION AT PUMPSTATIONS & CITY YARD 29 Cambridge —Thio array ob|beo the roof space of the single storage tank, while taking into account existing equipment that limits the available space for the installation of solar PV modules. It is assumed that the trees causing shading from the south west will be removed by the city to increase the available space. This array would likely utilize a ballast mounted system, pending an in-depth structural analysis. �U� 26-89 N��m�����;Y�mCo11io" a TAANA PREVIEW Date: Nov 03. 2021 Workspace zo. nm00800354 Funding Opportunity Nunhez. n22aa00023 30 Job No. 2669.01 EE�I' y Ern ftE� ri 'UVEV DM.IIEI li' y F:::E�asibflity Study City Yard Caption —This array utilizes available parking lot space using solar carport structures. It is assumed that any trees causing shading will be removed by the city to increase the available space. Since this array would utilize a series of carport structures, a soils analysis will be required. II}} it 26 — 90 2�/7/20 CITY III::: Ak V Newcoirrib I eirsoiri I cCoinr6ck PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 mummm 02aWlArelly AlRlIF'lEIII III„ '. III X A 11-flIS 1III 1III CAl IIECTIII 11011TY lFlUIRGII 11A&ll..'S AlRlIF)lEIM 11'. 111 Ilf "' III [']l::.::.']IR WATlEll MINI,,,,AlM AIll lIF)lEIMI'. 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FUIZ1111IHIVIIE lI::3lRGlIF)OSAl S AIll lIF'lEIMl'.YlIX lRil AlM I' III lIZll:..:..'CGlI:ZlI'.)S AlRlIF)lElI III M0I1m,pll 11I111 ,y Ilf1llfz0I11.)Uc [-l110III v [-'° AIll lIF'lElW NIX G ........ ... cos"r AlRlIF)lElW XIIX 11 111 S01 All 11MG11'. m iyl Pou n 26-91 1113'T/2Y,311l11'A MINA PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 92 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 III°° III 11ST01111CAll II,,,, III,,, 1 III' III III l'Y lFlUIRGII°°III IIIE„ )PCounlc 26 — 93 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 94 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 e-1 M .-I rl O O h M dl Ol h rl a n M N Ol tD N N� C C l 1 r- N W O W S r-I Ol M ClM M N N N� N I� O N a N 0 I� l0 � O r-I � O M a r-I M l0 dl vt v1 h N N r-I N vt O vt a N N vt .-I r-I dl N tD V1 r-I N vl Ol dl W tD O M O tD O N W M r-I Ql N l0 I� r-I M O ✓1 l� N �Il N �O iD M �O W N� M h h N O T vt vt N vt M r-I a 01 n vt N N iD a 0 lC O M �.l1 n M N Vl V) M Ol O Ol ✓1 a O N M V) h O lD l0 M Ol C ' w N M O V1 t0 � V1 N N Ol t0 l VO1 r-I ' N h � h h ✓1 V1 e-I M h h Qi r-I M � N M h ✓1 lD r-I 0 `� O � ✓1 V1 e-I dl O] a � r-I � N t0 V1 a M e-I e-I lO N N e-I e-I r-I e-I r-I e-I Z M V1 M I� n n dl r-I Vl N h M M l0 �� M C M N Ql Vl �fl Vl V1 O M dl N lL W O h M lD M M W N N h dl W h N WD rf O N Vt rl M N N m M W �D Ol N lD N h M l0 O� h ��+1 M h I� h� r-I t0 vl M r-I N O W Oe-I N N e-I e-I e-I r-I e-I r-I e-I N h Vl O ✓1 � r-I Ol M V1 N W N M N O h M r-I r-I � h� h O ri Ol O "-� lD N N h M M r-I I� M M N c-I 7 0l � al O O� M lD N h M dl h M Ll1 lD vt vt W Lr M r-I r-I vt r-I vt O O r-I G y Ol r-I � V) lD V1 DJ .-I r-I M M lD lD N e-I N r-I e-I r-I e-I � N Ol N h C M M iD N r-I `f a rl n `3 tc N M h 0 r-I m N N lD lO h M l0 L!1 O� e-I e-I W h N O L!1 lD dl O lD Qt W C Ol iD N r-I h M r-I r-I iD v1 vt O O vl N vt h 00 3 w e-I e-I N r-I e-I r-I e-I a Vl O M Ol O O W lD lD W N h Vl � N M r-I N I� lD O Ql tO � t0 Ol r-I Ol M ✓1 N I� N lD w N W O� ✓1 M M rlI M O I W M ✓1 Ol N lD O Ol I� r-I lD � v Ql t r-I N I� n O m dl M l0 iD O O 1� m vt N 1� C M e-I O C N O r-I N I� M n O vl M r-I � N vt Ol vt 3 O Ol lD c-I lD lD W O M B W M r-I .ti ri m r-i .ti ri N C c-I .-I tD N V1 W N N v1 W Ol iD c-I iD t0 m v1 I� ci O] h Ol c-I N v1 I� m ri {p h c-I a h ral O lD M L!1 M Ol M O C r-I Ll) N c-I V1 O N O] Ll) lD N h l W C Lr1 N e-I VOl M`t w h C O T C r-I r-I e-I N N h V1 h `� M C ✓1 M e-I M W C h l� ✓1 N T M dl C O �/1 h � 3 lD c-I N I� ✓1 lD M N O e-I O N r-I O� W c-I c-I c-I c-I N c-I c-I c-I c-I c-I N h W Ol O "-� I� lD C lD N N r-I O lD Ol M V1 O �/1 O Ql W l� Ol V1 r-I h h 0 � Ol � l0 I� O W M h O� N M � ✓1 M I� l0 N M W ✓1 r-I N ✓1 lD O W N Ol r-I lD T Ce-I W r-I O Vl V) V1 r-I W W � M V1 N r-I e-I N e-I e-I L dl O dl iD tD iD N Ol rl vl rl O M W W .-I h � rl vl N O] rl O N vl h vl O O lD O] m `t OJ I� tD M r-I N O lfl O n iD r-I O In N Ql O N N O� r-I e-I V1 � W N h C e-I M lO e-I N O lD O lD N M lO r-I W O "-� N N W N O ✓1 B M O C h W h 0 a W M °hl � ra-I l�0 N M� O m C n O C " N C O M� N lMD M N v1 O vLr t m m N C M I� Lr C O vt N N W Ol Cl r-I r-I r-I r-I r-I e-I e-I N e-I r-I e-I r-I e-I c lD N O] lD h v1 O C M I� � r-I M dl vt M O] iD O N O N N dl vt dl O dl W iD �+1 h N lO W e-I I� r-I r-I e-I r-I h N Ol N � Ql O lD lD C lD e-I r-I lD W h N � h I� O N e-I M M lD N r-I Ql C l0 M e-I M h Ol r-I lD 4l1 � y Ol O ✓1 C I� ci I� C m O M M M N N c-I c-I c-I N c-I c-I c-I c-I r-I W r-I l0 M W Ol l0 M�� O M Ol W M Vl W h O W Ol n Ol M N dl W W e-I l0 M M O W t0 O] IR O N rM ✓1 O I� M N rr C W O N oc M h L Ol N O� lD C c-I c-I c-I L D N lD M M Il� cl) hi LM lD C M lD � Ll) O] c-I r-I !1 C W Ll) C N M lD W e-I N V1 V1 Ol lD M h V1 r-I � I� O M ci N e-I r-I r-I e-I o a -2 w C LL m N -2 E c o Z o a m m v o � m¢ u LL-u u a '�° �" m` = m o r-I ✓1 I� vt � vt t0 l0 e-I � O O e-I L M I� W I� l0 M vl M vt r-I M Z ci m T C M O h 0 0 Ol M N M O I N N r-I N r-I e-I N I� r-I ill N e-I r-I N r-I Ol N e-I r-I N N ✓1 N M r-I h r-I Ol l0 e-I y h W r-I e-I N Ol M C ✓1 l0 r-I e-I M O e-I I� N O Ql W Ol Ol I� r-I C W C W a Ql W M Ol I� N N N N N N N N N N N r-I N lO l� ✓1 I� C e-I C N Ql W Ol I� d N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M t6 W O N N M Y � N City Councla o m — 9 �26 C 0¢ N N Yn R N N U1 N a N N N N- N a °' d o K Q K� �n t- � <n w � l7 w - � � � u d a a 3: 3: 3: < n a N 00 e1 � M � N O M O O U] N n a O N l6 M � O O 7i Q 12/7/2021 F.I. W 04 Go paperless SOUTHERN CALIFORNIA EDIS ,?()sovmmd, 0N 0 N q 17 7 2!, 01 An EDISON IN7F,RNA 7 IONA LIP Company VIP01w, at www.sce.com/ebilling. It's fast, easy and secure. SANTA ANA, CITY OF / Page 3 of 74 220 S DAISY AVE S ANTA ANA, CA 92703-4334 Your account sum1mary, Previous Balance $217,421,81 APP O,.OVEHD V"OR pAYMENT Wire credit adjustment -$217,421.81 Balance forward $0,00 By Your new charges $182112&66 NabiSaba Total amount you we by Aug 29'16 $182j2&66 Service account Service address Billing period Your rate New charges 3-021-7437-93 2315 N BRISTOL ST Jul 5 '16 to Aug 316 TOIU'-PA-3-A $355,67 SANTA ANA, CA 3-025-3286-49 7231AI WALNUT Jul 5'16 to Aug 316 TOM-PA-3-B $14,200.79 SANTA ANA, CA 3-029-9837-84 907 3/4 N FLOWER ST MET01,/Jun 17'116 to Jul 19'16 TOM-PA-3-B $11:,004.52 SANTA ANA, CA 3-035-8796-80 1101 314 S BB ISTOL ST Jul 5'16 to Aug 3 *16 TOM-GS-I-A $34.011 SANTA ANA, CA CAMBRIDGE PS 2736 N CAMBRiDGE ST Jul 1 '16toAug 2'16 TOU-PA-3-B $8,364.64 3-011-0573-83 SANTA ANA, CA CAMBRIDGE RESERVOIR SITE 27'36 N CAMBR0GE ST Jul 1 '16 to Aug, 2'16 TOM-GS-I-A $177.83 LIGHT SANTA ANA, CA 3-001-3273-34 CROOKE PS & WELL 2!7 & 28 730 W MEMORY LN Jul 5'16 to Aug 316 TOM-8-B $26,717,13 3-001-3273-42 SANTA ANA, CA EAST PS & WELL 26 1730 S SANTA FE ST Jun 13'16 to Jul 13'16 TOU-PA-3-A $8,879.63 3-001-3274-19 SANTA ANA, CA (Continued on next page) Please return the payment stub below with your payment and make your check payable to Southern California Edison. (14-574) Tear here if you want to pay in person, call 1-800-747-8908 for locations, or you can pay online at www.sce.com. Tear here - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SOU111MCAINOTMA Customer account 2-24-876-4649 Please write this number on your check. Make your EDISON' check payable to Southern California Edison. hn 13MON 4h URN4TIOVA01 U—p-y STMT 08092016 P4 SANTA ANA, CITY OF ATTENTION NABIL SABA 220 S DAISY AVE SANTA ANA, CA 92703-4334 Amount due by Aug 2916 $182,126.66 Amount enclosed (tz P,O. BOX 300 ROSEMEAD, CA 91772-0001 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Go paperless at www.sce.com/ebilling. It's fast, easy and secure. SANCTA ANA, CITY OF / Page 4 of 74 Contact, Information Customer service numbers 9qnerRf,S9 , kqranP4_@L ...... Accouni Balance & Er ionslorks 1-800-950-23FZ Emeirgency si-------- pryices c7utages Uulff mia Alternate Rates for En CARtL 1-800447-t3ti2t9 Electric Indus" RestructuJog P2 r qrg 1400-2.2�-39()l Hearing & Speech Impalred (TTY) 1-800-352-8580 Important information Rotating outages A relating outage is a controlled electric outage trial lasts approximately one hour for a group of circuits, which is used during electric system emergency condition's to avoid widespread or uncontrolied blackouts. Each SCE Customer Is assigned a relating outage group, shown on the upper part of the SCE bill. It your relating outage group begins with the letters A, M, R, S, or X, you are subject to rotating outages. If it begins willi N or Exempt, you are not. Your relating outage group may change at any firne. For more information, and to see which rotating outage groups are likely to be called In [lie event of a system emergency, visit www.sce.corn or call 1-800-655-4555. Options for paying your bi'll On-line www,sce.corn or Electronic Fund Transfer Malkin Check or Money order In Pei -son Authorized payment locations 1-800-747-8908 Phone QuickCheck 1-800-950-2356 Credit Card-Visa/MasterCard* 1-800-254-4123 Debit Card-ACCGL/NYC0Pulse,/Star* 1-800-254-4123 *The Credit/Debit card payment options are not available for payment of commercial services or security deposits for commercial servlces. You may call us for' electronic payment options, to make payment arrangements, or for information on agencies to assist you on blII payment. If service has been disconnected, on the day of the service roronnection, be sure all appliances and other electric devices are turned off. For additional home safely tips, visit www.sce.com/safety or you may Call SCE Customer Service at 1-800-655-4555. Past due bills Your bill was prepared on August 9, 2016. Your bill is due when you receive it and becomes past due 19 days after the date the bill was prepared. '(on will have 15 days at your new address to pay a bill from a prior address before your service will be terminated, SCE does not terminate residential service for non-payment of bills for other classes of service. Termination of electric service requires a Service Connection charge. If YOU are a residential customer, and claim an inability to pay and payment arrangements have not been extended to you by SCE pursuant to SCE's filed tariffs, you may contact the California Public Utilities Commission (CPUC). Rules and rates SCE's rules and rates are available in full at www.sce.com or upon request Multicultural services Cambodian I eall 1-800-843,1309 Cftlease 1 lP 1-80"43-9343 Korean I P-R01 00-327-3031 Spanish I Espanol '1-800441.2233 Correspondence: Southern California Edison (BCE) P. O. 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While the CPUC is investigating your complaint, you must pay any new SCE bills that become due. Electronic Fund Transfers (EFT) When you proOde a check as payment, you authorize us either to use information from your check to make a one-time electronic, fund transfer from your account or to process the payment as a check transaction. When we use Information from Your check to make at) electronic fund transfer, funds may be withdrawn from your account as soot) as the same day we receive your payment. You will not receive your check back from your financial institution, but tile transaction will appear an your financial Institution statement, It you do not wish to authorize an electronic fund transfer, please call the 800 number all the front Of YOW bill. Definitions • DWR Bond Charge: Bonds Issued by the Department of Water Resources (DWR) to cover the cost of buying power for customers during the energy Crisis are being repaid through this charge. • SCE Generation: These charges recover energy procurement and generation costs for that portion of your energy provided by SCE. Beginning April 11, 2010, pursuant to CPUC Decision 10.03-022, Direct Access (DA) is again open to all non-residential customers, subject to annual limits during a four year phase -In period, and absolute limits following the phase -in. All residential customers currently returning to Bundled Service may not elect to return to DA service. • CA Climate Credit: Credit from slate effort to fight c4mate change. Applied monthly to eligible businesses and semi-annually to residents. To change your contact information or enroil in SCE's payment option, complete the form below and return it in the enclosed onvelope. Change of mailing address, 2-24-876-4649 STREET# STREET NAME APARTMENTH CITY STATE ZIP CODE TELFPHONE N E-MAILADDRESS Direct Payment (Automatic Debit) EnroflmenV 2-24-876-4649 1 hereby authorize SCE and my financial institution to automatically deduct illy monthly payment from the checking account as shown on my enclosed check, tell, calendar days after my bill is mailed. Signature — — ---------- Date To change your checking account information of to be removed from the Direct Payment program please call SCE at 1-800-655-4555 Energy Assistance Fund (EAF): I want to help people pay their energy bill through EAF. For into visit www.sce,corfl/eaf or call �tau�low 0) 205-13596, Round -up my )aloe next whole dollar amount for EAF Add this amount for FAF $ — Select one, lLqx pilIy _andsi for ELAF: IN [very One M rnh r I Every I one Month City Council 26-97 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Go paperless at www.sc.com/ebilling. It's fast, easy and secure. SOUFFIFIRN CALIFORNIA EDISON'k An EDISON 1NTr-.,2NA7')0NAL18', Company i 1 111111 511=1111151 Servlce account Service address ELEVATED TANK LIGHTS 14TH:/POINSET 21 A STWA /, Jun SANTA ANA, CITY OF / Page 5 of 74 Your rate New i to Jul 2916 TOU-GS-1-A 3-001-3276-00 FIRST STREET UNDER PASS SANTA ANA, CA... N/S 1ST AT SANTA FE Jul 6'16 to Aug 416 TOU-GS-1-A $68.62 3-001-3273-57 GARTHE PS & SA 1 SANTA ANA, CA 2401 N BRISTOL ST JuI 1'16toAug l"16 TOU-PA-3-B-S $8,598.06 3-001�-3274-45 GARTH E PS & SA 1 SANTA ANA CA 2401 N BRISTOL ST Jul 116 to Aug 116 TOU-PA-3-B-S $60�00 3-0,01-3274-45 MAXINE SEWAGE LIFT SANTA ANA, CA 5321 112 W MCFADDEN PMP Jul 716 to Aug 516 TOU-PA-2-B - $15630 STATION SANTA ANA, CA 3-001-3273-68 PRV 1 501 3/4 W MEMORY PED Jun 27'16 to Jul 27 *16 TOU-GS-1-A - $2795 3-020-4700-93 PRV-2 SANTA ANA, CA 399 3/4 E 17TH ST Jun 8'16 to Jul 816 TOU-GS-1-A $47.77 3-022-4131-75 PRV-2 SANTA ANA, CA. 399 3/4 E 17TH ST Jul 816 to Aug 8'16 TOU-GS-1-A $49.09 3-022-4131-75 PRV-3 SANTA ANA, CA 1345 3/4 N GRAND AVE Jul 616 to Aug 4'16 TOU-GS-1-A $52.31 3-022-5443-14 SA 4 SANTA ANA, CA 1206 3/4 W WARNER AVE Jul 5'16 to Aug 316 TOU-GS-1-A $35.25 3-001-3273-52 SA 7 SANTA ANA, CA 2215 RITCHEY ST Jun 916 to Jul 11 116 T4U-GS-1-A $36.39 3-000-6921-16 SEGRSRTROM SEWAGE LIFT SANTA ANA, CA 2903 S BRISTOL ST V Jun 23'16 to JU 125 "16 TOU-PA-2-13 $664.41 STATION SANTA ANA, CA 'If 3-0,02-3158-73 SOUTH PS 1727 ALTON PKWY WP /Jun 17'16 to Jul 1916 OU-PA-2-B 3-008-2244-21 WATER WELL SANTA ANA, CA 1301 N MABURY ST Jun 17'16 to Jul 19'16 TOU-PA-3-B $2.569.11 3-029-7986-40 WELL 16 SANTA ANA, CA 650 W FLOWER B Jun 13 "16 to Jul 13'16 TO'U-PA-2-A $2,346.58 3-001-3274-64 WELL 2,4 SANTA ANA, CA.. 1!800 W 22ND ST Jun 1316 to Jul 1316 TOU-PA-2-A $2,635,39 3,-001-3274-37 WELL 29 SANTA ANA, CA 101 S FLOWER PMP Jun 15'16 to Jul 15 *16, TOU-PA-2-A $15031 3-000-8776-20 WELL 31 SANTA ANA, CA 1815 E CHESTNUT AVE Jul - 6- to Aug 316 TOULPA-3-13 $10,825.53 3-001-3269-95 WELL 32 SANTA ARIA, CA .. 2801 N WESTWOOD Jul 1 '16 to Aug 2'16 TOU-GS-1-A $79,73 3-000-2923-73 WELL 33 SANTA ANA, CA 917 W WALNUT ST Jul 7'16 to Aug 5'16 TOU-PA-3-A $7,889-17 3-001-3276-18 WELL 34 SANTA ANA, CA 1727 W ALTON AVE ul, Jun 1716 to Jul 19'16 TOU-PA-2-A $3,393.77 3-000-6323-10 WELL 35 SANTA ANA, CA 1718 N SYDNEY WELL Jul 5'16 to Aug 316 TOU-PA-3-13 $10,873,35 3-010-763,0-01 WELL 36 SANTA ANA, CA 2415 N BRISTOL ST Jun 30 '16 to Aug 1 "16 TOU-PA-2-6 $9,064 . 10 3-000-5824-85 WELL 37 SANTA ANA, CA 2007 W MCFADDEN AVE Jul 5'16 to Aug 3'16 TOU-PA-3-B - $13,073-27 3-010-7672-94 WELL SANTA ANA, CA $14,47 WELL 39 2401 N BRISTOL ST Jul 1 "16 to Aug 1 "16 MISC-CHARGES 3-015-9839-54 SANTA ANA, CA 16 to Jul 11 '16 TOU-8-13 $37,930.25 WEST PS & WELLS TO, 21, 30 209 S MOUNTAIN VIEW ST t/Jun 9' 3-001-3274-1 qANTA ANA (A City Council 26-98 12/7/2021 $182,126.66 PREVIEW Date: Nov 03, 2021 7W ivrace.I �,:SYOSOe00354 Fund tunity Number: R22AS00023 a , I., j ng, Co paperless at wwwscecom ng easy a &M 2017 III rIIIEIII "TIll�� 111 Ilf:''Illy,,, 11 E34, )PNelAicomILCounc 26 — 99 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 100 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana 2017 Water Master Plan Table 4 - Summary of Demands and Peaking Factors NAM >>> Average Maximum Peak Hour Day Day Demand Annual Use Time Horizon Demand Demand (million (gal/yr) (million (million gal/day) gal/day) gal/day) Existing 33.5 45.2 65.3 12,227,500,000 Near Term 34.9 47.1 68 12,738,500,000 Buildout (2040) 35.5 47.9 69.1 12,957,500,000 Average Average Peak Hour Peak Hour Flow Flow Flow Flow (gal/hr) (gal/min) (gal/hr) (gal/min) 1,395,833 23,264 2,720,833 45,347 1,454,167 24,236 2,833,333 47,222 1,479,167 24,653 2,879,167 47,986 365 33,500,000 gallon/day 33.5 MGD City Council 26 — 101 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana 2017 Water Master Plan Table 6 - Groundwater Well Summary Static Design Design Well Well Pumps Power Pumping Capacity Depth Head Capacity No. To (hp) Depth (ft) (mgd) (ft) (ft) (gpm) 16 Walnut 150 83 108 2.16 228 2,000 18 John Garthe 150 - - 3.29 212 2,000 20 West 150 92 115 4.35 161 3,000 21 West 150 93 113 4.16 160 3,000 24 John Garthe 150 127 203 1.85 279 1,800 26 East 125 127 - 3.00 246 2,500 27 Crooke 300 189 298 3.97 370 2,500 28 System 350 180 264 3.62 400 2,500 29 Walnut 200 152 218 3.65 246 2,500 30 John Garthe 150 91 118 4.35 165 3,000 31 System 350 177 246 3.98 408 3,000 32 John Garthe 300 126 - 3.22 315 2,775 33 Walnut 250 148 227 4.10 280 2,800 34 south 125 115 194 2.18 425 2,500 35 System 350 130 165 3.17 305 3,000 36 John Garthe 250 155 194 5.18 210 3,600 37 System 350 119 137 3.31 330 3,000 38 System 350 221 322 2.16 425 2,500 39 John Garthe 250 153 194 4.32 250 3,000 40 System 400 192 278 3.71 200 2,575 41 System 450 155 201 4.32 350 3,000 TOTAL 5,300 74.05 56,550 = 51,424 = 81 gpm mgd City Council 26 — 102 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana 2017 Water Master Plan Table 11 - Metropolitan Water District Connections Normal Design MWD Operating Number Name Capacity Valve Type Notes Connection Capacity of Valves (mgd) (mgd) SA-1 Bristol 5.17 6.46 2 FCV Has hydro. Needs work. SA-2 First 5.17 9.69 1 FCV SA-3 McFadden 5.17 6.46 1 FCV SA-4 Warner 4.85 6.46 1 FCV SA-5 Alton 4.85 12.93 1 Out of Service Being Upgraded SA-6 Santa Clara 7.76 12.93 3 FCV SA-7 Red Hill 4.85 32.31 2 FCV Being moved by Caltrans TOTAL 37.82 87.24 = 26,264 60,583 gpm gpm City Council 26 — 103 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana 2017 Water Master Plan Table 12 - Storage Reservoir Facilities Reservoir CapacityNumber Tank Type (million Zone Facility gal) of Tanks Cambridge Concrete Cooke Concrete East Steel Elevated Tank Steel John Garthe Concrete South Concrete Walnut Concrete West Steel TOTAL 1.3 6.0 6.0 1.0 15.8 6.0 7.0 6.0 49.1 1 High 1 High 1 Low 1 Low 3 Low 1 Low 1 Low 1 Low Bottom Elevation Diameter Height (ft) 188.8 Variable 17.2 157.6 Variable 21 76.2 180 31.5 NA 60 131 100 277 35 Possible PV 35.7 219 22 79.8 Variable 22 66.9 180 32 Possible PV City Council 26 — 104 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana 2017 Water Master Plan Table 16 - Booster Pump Summary Average Design Power Design Station Pump No. Motor Capacity Capacity (hp) Head (ft) (gpm) (gpm) Cambridge 1 Electric 75 1,481 150 1,650 Cambridge 2 Electric 75 1,436 150 1,650 Cambridge 3 Electric 75 1,526 150 1,650 Crooke 1 Electric 150 2,783 185 2,700 Crooke 2 Electric 150 2,693 185 2,700 Crooke 3 Electric 150 2,738 185 2,700 East 1 Electric 125 2,648 175 2,300 East 2 Electric 125 2,603 175 2,300 John Garthe 1 Electric 150 2,693 180 1,760 John Garthe 2 Electric 150 3,097 183 2,590 John Garthe 3 Electric 150 3,007 183 2,590 John Garthe 4 Electric 200 4,264 183 3,560 John Garthe 5 Electric 200 3,590 183 4,270 John Garthe 6 Gas 250 4,982 South 1 Electric 125 2,244 212 2,000 South 2 Electric 125 2,244 212 2,000 Walnut 1 Electric 200 3,501 200 3,100 Walnut 2 Electric 200 3,501 200 3,100 Walnut 3 Electric 200 3,456 200 3,100 Walnut 4 Electric 150 2,738 200 2,400 Walnut 5 Electric 100 1,750 200 1,400 West 1 Electric 200 2,513 170 2,800 West 2 Electric 200 2,289 170 2,800 West 3 Electric 200 2,289 170 2,800 West 4 Electric 150 4,488 176 3,700 West 5 Electric 100 2,020 170 2,100 TOTAL 3,975 72,574 63,720 105 MGD City Council 26 - 105 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Ill,,,,, Ili )PNelAicomILCounc 26 — 106 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 0 0 • Eif. Nov. 1985 Byron Section 2-191 Third Edition I� /l� EWplR�elmational, Inc. PTod on Page 2-191-13 TABLE 1, SHEET 2 Hydro turbines shall be furnished with the following metallurgy: PART DESCRIPTION Inlet Elbow — Head Column Shaft — Main Bearing — Column Bearing — Main Case — Main Wicket Gate Ring — Gate Operating Cover — Gate Mechanism Stem — Wicket Gate Runner Case — Runner Cone — Runner Split Ring — Runner Key — Runner Lever — Wicket Gate Draft Tube ASTM NUMBER A-53 A-48 A-53 A-582 B-271 B-271 A-48 A-148 CA-958 B-271 A-276 A-48 A-582 B-148 CA-958/ A-743 B-148 CA-958 A-743 B-148 CA-958 A-479 A-276 A-582 A-743 A-53 COMMON TERMS Fabricated Steel Cast Iron Fabricated Steel 400 Series Stainless Steel Lead Bronze Lead Bronze Cast Iron Ni-Aluminum Bronze Bronze 400 Series Stainless Steel Cast Iron 400 Series Stainless Steel Ni-Aluminum Bronze or 300 Series Stainless Steel Ni-Aluminum Bronze or 300 Series Stainless Steel Ni-Aluminum Bronze 400 Series Stainless Steel 300 Series Stainless Steel 400 Series Stainless Steel 400 Series Stainless Steel Fabricated Steel City Council 26 — 108 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 • Section 2-191 Byron Be/lip/!, BWpiP Inteemationai, Inc. Jackson® Effective June 1 Page 2-191-4.6 Products BYRON JACKSON TKW HYDRO TURBINE PRELIMINARY OUTLINE -BELOW GRADE PULL-OUT DESIGN 13 B, CTR. (SQUARE) SQUARE NOZZLES SIZE A.S.A. RATING • RATED FLOW NET HEAD -FT K W OUTPUT TURBINE RPM TURBINE WT LBS. GENERATOR WT LBS. BARREL WT LBS. USER: DRAWN BY DATE PROP, NO. LOCATION: DRAWL y 26 — 109 1 /7/2021 is 4 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Section 2-191 Byron g BWAP International, Inc. Jackson® Elf. May 1985 �/I Page 2-191-4.4 'rN` Pump Division Products OUTLINE DIMENSIONS - INCHES TURBINE A B C D E R 6' J1 L M N5 P Q Y W X Y Fle SIZE I-STG COMP. ADD PER STG. K-DEGREES D 45 1 90 135 8 RL 351/4 31 33/2 /a 1/8 30 40 14 12 24F3166 16 16 32 34 '12 1'A % 24 17 12 5 8 M 41'/4 37 391h 1 '% 30 65 19 12 28 16 19 38 40 '/2 1'% 2/e 24 19 12 5 8 H 4114 37 39/2 1 % 30 70 19 14 29 36 20 21 38 40 Y2 1'/a Ve 28 23 16 5 10 H 66 66 54'/2 1'h % 30 64 24 17'h 37 48 26 25 52 54 '14 35 27 17 6 12 H 72 72 601/2 1'/4 1/e 30 101 29 20 40 54 30 30 58 60 3/4 11/e % 40 34 22 7 15 M 72 72 601h 11/4 7/e 30 115 33 20 40 54 30 30 58 60 3/4 1'/e % 40 34 22 7 15 H 79 79 70 11h 11/e 30 120 33 231/2 44 60 36 35 64 66 3/4 13/a 1'/a 47 38 26 9 17 H 94 94 83 13/4 11/2 36 142 42 27 53 72 42 42 76 80 1 13/4 13/a 54 46 31 11 21 H 108 108 97 13/4 11/2 36 165 47 31'h 60 84 50 49 90 92 1 13/4 1 % 63 55 38 15 25 H 124 124 110 2 13/4 36 198 56 371h 67 96 60 59 102 104 1 2'/4 13/4 74 66 46 17 NOZZLE ADAPTATION DIMENSIONS' AA Min. = L + 5 (N-CA) AB Min. = L + 3 (N-DA) AE Min. = 6 (N-CA) AF Min. = 4 (N-DA) NOTES: (1) Barrel length may be increased if necessary for extra -deep nozzle setting, (2) "F" dimension is the typical minimum generator stand height. Applications requiring oversize turbine shafting or special wicket gate operators may require additional height. (3) Standard barrel nozzles are sized for moderate fluid approach velocity to provide efficient and quiet operation. Where required, separate spool adapters or integral welded adapters may be specified. (4) Specify "Byron Jackson To Supply" or "By Others". (5) Standard nozzles have 150 lb. or 125 lb. standard A.S.A. raised face flanges. (6) Nozzles rated greater than 150 Ib. may require greater elevation difference. Inlet nozzle elevation is always equal to or above discharge nozzle elevation, (7) 250 lb. or 300 lb. nozzle flanges require additional base -to -nozzle clearance. (8) Contact B.J. Engineering Department for special installation/mounting design. BARREL INSTALLATION AND MOUNTING CONSIDERATIONS 1 Pulloutbarr antages ' over the othect e0mloxidarrel will result in quieter operation due to the sJlWZrW6 effect of the concrete and sgiFffr/ crease of installation, the tl'ange-mount barrel can be provided. A separate baseplate, anchor bolts, and flange mounting hardware will also be furnished. Installation of the baseplate will be performed by others: The baseplate and mounting flange mating surfaces are machined flat and after the baseplate has beenproperly levelled and grouted, the turbine barrel is simply lowered into place. With eithertype of pullout barrel installation, the Vz#4r%l,g@y k9otefbixi,placeoleaving the connected piping WVbi:WtfMftnteMEt: R22As00023 r • • Section 2-191 Byron �YNWI� f//Jr�l� BW/IP Intematioml, Inc. Jackson° Eff, Mey 1985 Page,' !l/� Pump Division Products 4 1�1 4 City Council BYRON JACKSON HY6§0 ttORBINE STYLE DB 12/7/2021 ABOVE GRADE PULL-OUT DESIGN PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 0 * • LEMMay985 MAP Intemational, Inc. Pump Division PI INLET Byron I Section 2-191 Jackson° Page 2-191-4.3 Products BYRON JACKSON TYPE TKW STYLE DB PULLOUT PRELIMINARY OUTLINE DIMENSIONS BASIC OUTLINE NOZZLE ORIENTATION INLET R DEGREES CC OR CCW FROM INLET DISCH. INLETin N min. 018�CH. NOZZLE ROTATION MLE7 DISCH. q1L INLET t.j CUSTOMER TO PECIFY Dig H. OFFSET DISCHARGE ELEVATION AT 1B0'fROM INLET OPTIONAL PIPING/NOZZLE ADAPTATION City Council INTEGRAL CA TYPICAL METHODS OF BARREL INSTALLATION ABOVE BASE NOZZLES EMBE00 EO BARREL AND ANCHOR RING w J W. e ABOVE BASE NOZZLES EMBEDDED BARREL 2 min. GROUT o O DIA. ABOVE BASE NOZZLES FLANGE -MOUNT BARREL BELOW BASE NOZZLES EMBEDDED BARREL AND ANCHOR RING BELOW BASE NOZZLES EMBEDDED BARREL BELOW BASE NOZZLES FLANGE -MOUNT BARREL OPTIONAL BASEPLATE/MOUNTING FLANGE B-D HOLES IN �— BASEPLATE ---8 C BOLT CIRCLE DIA. BOLT CIRCLE DIA. • 'i, S-E HOLES IN `8-E HOLES IN BARREL MOUNTING /:� BARREL MOUNTII FLANGE FLANGE I 4-0 HOLES "I I "C L " BOLT CIRCLE 61A_ BASEPLATE 80VARE BOLT PATTERN OCTAGONAL BASEPLATE A ""GYG IS DIA. AND UP 11 FARREOL UARE DIIAMETERSLATE THRUFOR 42 IN. 12/7/2021 SPOOL PIECE PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 113 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Ill: lRQll„' Ill,,,, )PNelAicomILCounc 26 — 114 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 115 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 August 17, 2018 Michael KJ Anderson PE, VP Newcomb I Anderson I McCormick 201 Mission Street, Suite 2000, San Francisco, CA 94105 Dear Mr. Anderson, Thank you for your correspondence regarding the hydroelectric projects you are evaluating in California at the SA-6 Santa Clara location. We appreciate the opportunity to work with you to offer the best possible Canyon Hydro equipment package for this site and application. Based on your correspondence we are offering an equipment package utilizing an In -Line Turbine optimized to pass 12.0 CFS at 90-120 PSI net head. Under these conditions maximum expected system production will be 225 kW using the equipment package described below. The turbine will pass up to 18.7 CFS at 120 PSI net head with an expected maximum output of 351 kW. (1) Soar ILT16-33-11.25 Variable Flow Hydro Turbine, 1800 RPM, adjustable wicket gates (1) US Motors Vertical Shaft, 500 HP, 1800 rpm, 480 VAC, 60 Hz, 3 ph., induction generator (1) 16" Hydraulically Actuated Turbine Inlet Valve (1) HPU to support wicket gate and inlet valve actuation with accumulator sized to close wicket gates and inlet valve in the event of power grid failure (double fail-safe) (1) Switchgear and controls panels to parallel the generator with the local electrical utility grid and provide protective relays to utility grid standards for a project of this size. Specific utility requirements may change the scope of the Switchgear/controls package offered and pricing may be affected. A one -line diagram and equipment list will be submitted for local electrical utility review and approval prior to proceeding with panel manufacture. Budget estimate system price, as described......................................................$541,000.00 The equipment package offered will be custom designed to meet the particular requirements of the site and project as explained through our discussions. As the project progresses and requirements are determined, we will be pleased to refine our budget estimate or offer a firm quotation. Budget estimates are offered for planning purposes only but are typically within 10% of a firm quotation for the same equipment package. Normal Terms 15% to begin final design 30% to begin manufacture following final design approval 25% mid -project 20% upon notice of readiness to ship 10% upon successful start-up or 90 days from readiness, whichever is first Normal Delivery 32-40 weeks from design approval and receipt of payments Delivery FOB Deming, Washington (crated for shipment) In addition to equipment supply, Canyon Hydro also offers equipment installation services by our in-house field crewCK+q; WnI6ighly experienced with the unique reg gireff"ts of hydroelectric eglI 0121 tbare'ycwr HY6,1 Vva0' r�:,01VOr sliV60, ri Of Call'von w, aw 5500 ejuo �i ron I,,3nci , PO. Cox 36 + During r,"NA 82441, +60,591 5552 05921235 * ernad: c,om PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Commonly start-up, commissioning and training services are of value following installation. For a project of this type we can typically send a single technician who is capable of covering the mechanical and electrical portions of the equipment package. If start-up, commissioning and training assistance is of interest we suggest budgeting $8,000-$10,000 for a qualified Canyon Hydro technician. I look forward to working with you to ensure our equipment package meets all the requirements of the site and project. Please contact me as questions arise or as additional project information becomes available. Sincerely, Ryan Maloney City Council 26 — 117 12/7/2021 tbare'ycwr HY6,10, vvaer power diw�bn of cai'von w, aw 5500 Bi io �i ron I,,3nci , PO. Cox 36 + During VVA 982441 +60,591 5552 05921235 * ernad: c,om PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Q N a ro � � � o z ° J p o z o QJ Q CDD: O U fl ) Q G � c z cn � Unn W O z o Lf7 00 13d N n ~ O CO n J - 00 W z , Z N a o W W U W � 7 J Zu Q U 23 cn z z o „ 0 J - �'' z -=o a¢z p � z Jz o a� m N z c� ry J LL- O J Y O a O 0 o C O� z z Z W N O W W W d H Z W J W ¢ < O U z < Q p Q � N O City Council 26 — 118 2/7 O O O O O O O O O O O Ln O Ln O Ln O O Ln LO 'r M cr N N (100J) PeOH ION ncii Lb — O LO N o I August 17, 2018 Michael KJ Anderson PE, VP Newcomb I Anderson I McCormick 201 Mission Street, Suite 2000, San Francisco, CA 94105 Dear Mr. Anderson, Thank you for your correspondence regarding the hydroelectric projects you are evaluating in California at the SA-1 Bristol and SA-3 McFadden locations. We appreciate the opportunity to work with you to offer the best possible Canyon Hydro equipment package for this site and application. Based on your correspondence we are offering an equipment package utilizing an In -Line Turbine optimized to pass 8.0 CFS at 90-120 PSI net head. Under these conditions maximum expected system production will be 145 kW using the equipment package described below. The turbine will pass your full specified design capacity of 10.0 CFS at 120 PSI net head with an expected maximum output of 183kW. (1) Soar ILT12-33-9.0 Variable Flow Hydro Turbine, 1800 RPM, adjustable wicket gates (1) US Motors Vertical Shaft, 250 HP, 1800 rpm, 480 VAC, 60 Hz, 3 ph., induction generator (1) 12" Electrically Actuated Turbine Inlet Valve (1) HPU to support wicket gate actuation with accumulator sized to close wicket gates in the event of power grid failure (fail-safe) (1) Switchgear and controls panels to parallel the generator with the local electrical utility grid and provide protective relays to utility grid standards for a project of this size. Specific utility requirements may change the scope of the Switchgear/controls package offered and pricing may be affected. A one -line diagram and equipment list will be submitted for local electrical utility review and approval prior to proceeding with panel manufacture. Budget estimate system price, as described......................................................$261,000.00 The equipment package offered will be custom designed to meet the particular requirements of the site and project as explained through our discussions. As the project progresses and requirements are determined, we will be pleased to refine our budget estimate or offer a firm quotation. Budget estimates are offered for planning purposes only but are typically within 10% of a firm quotation for the same equipment package. Normal Terms 15% to begin final design 30% to begin manufacture following final design approval 25% mid -project 20% upon notice of readiness to ship 10% upon successful start-up or 90 days from readiness, whichever is first Normal Delivery 20-28 weeks from design approval and receipt of payments Delivery FOB Deming, Washington (crated for shipment) In addition to equipment supply, Canyon Hydro also offers equipment installation services by our in-house field crewCK+q; WnI6ighly experienced with the unique reg gireWipts of hydroelectric eglI 0121 tbare'ycwr HY6,1 Vvaer power diw�bn of Carryon w, aw 5500 8ji-10 �i ron I,,3nci , PO. Cox 36 + Derieig r,"NA 982441 +60,591 5552 05921235 * ernad f�.ww�6�air� ,���c�r�n�y�aruY�y�r�t.r�rei � � �n���e��arB raiahry�:�r� c,om PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Commonly start-up, commissioning and training services are of value following installation. For a project of this type we can typically send a single technician who is capable of covering the mechanical and electrical portions of the equipment package. If start-up, commissioning and training assistance is of interest we suggest budgeting $8,000-$10,000 for a qualified Canyon Hydro technician. I look forward to working with you to ensure our equipment package meets all the requirements of the site and project. Please contact me as questions arise or as additional project information becomes available. Sincerely, Ryan Maloney City Council 26 — 122 12/7/2021 tbare'ycwr HY6,10, vvaer power diw�bn of cai'von w, aw 5500 Bi io �i ron I,,3nci , PO. Cox 36 + During VVA 982441 +60,591 5552 05921235 * ernad: c,om PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Q C7 M o � z U „ O � Q O z N c0 O Q Q <n c Z N � Q � H W O z LID N OO OL) � N 67 ~ O N n J W w a, N Z z O z w a - o w {,} N w J ? W Z Q U N z o „ }a � ° a L) Q z o J� o Qz Uo - W - W Lf) z m� Z _= U ry N O w � LL- Q O O Q O r i 00 w O w a Z N Z N w a w Qa < O z0 z w w Q z O O Q z 00 w Q a v a O Q o a City Council 26 — 123 2/7 Mo O 00 I I O N o O o O o O o �n o Ln o L o Ln M M N N (100J) PeOH ION ncii Lb — City COU 4V III II BCI„ JE)GE r OFFER FOR ri 1E SLJPPLY OF 11 IYDRO ELECTRIC EQLY11PMEN r Chent- Newcomb Anderson McCormick— Michael Anderson project Name- California Pump/Vault Hydroelectric Project GUes Reference No- DW-MA-CAvault-Nov13-2018 Date- Tuesday, 13 November 2018 GElbeirt Gflkes & Goirdoin ii...td Canal l lead North, Kendal, Cumb6a I A9 7BZ, England North Ame6can contact details, Darren Wager - d.wager@gilkes.com GO,Oouncill. 604-603-71.39 26-126 12/7/2021 PREVIEW Date: Nov 03. 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Attn: Michael Anderson California Pump/Vault Hydroelectric Project Dear Mike, Thank you for your interest in the supply of Gilkes equipment. Please find herein our budget offer for the supply of hydroelectric equipment for the above project located in California. Based on the head and flow data for the two turbines provided in your email of August 21st, 2018, we have arrived at the turbine offerings and project solution detailed in this budget quote. We have included for a standard electrical controls and switchgear package that would be designed for a 480V system and would terminate at the LV side of the generator switchgear. As this project develops further, we would be more than happy to provide you with a more comprehensive offer tailored to your specific requirements. We trust you find this revised budget offer of interest. Should you have any questions or require any further information please do not hesitate to contact me and I will assist accordingly. Yours Sincerely, Darren Wager Sales Director—Gilkes Hydro 1° ydr Gilbert Gilkes & Gordon Ltd. Mobile: +1 (253) - 318-0005 Email: d,wager gilkes,corn G it o mmlE-15 26 — 127 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 the GHkes Package A Gilkes equipment package is comprehensive and exclusive of hidden extras; • All factory assemblies which are stripped down for shipment are witness marked and colour coded to assist on site assembly. • All major sub -contracted equipment is sourced from established suppliers from our approved supplier list. These sub -contractors have proved to be high quality, reliable suppliers with a technical appreciation and experience of small hydro generation projects. • Gilkes packing methods are customised to suit the requirements dictated by the project location and access to the project site. Equipment can be packed for long periods of storage. • Gilkes engineers provide expert on -site installation & commissioning services. • Operating Manuals are included. • A Gilkes project team is assigned to engineer the contract from start to finish and customer "single line" contact is organised through a contract engineer. • The delivery schedule is handled by Gilkes Product Control Department and all sub- contractors are closely monitored to ensure "on time" delivery of all equipment. You will note from the above that Gilkes do not only offer a manufacturing service but a complete specialised service comprising of rugged quality equipment along with the experienced technical engineering backup and installation expertise required. We have found from many years' experience that in the long term quality is an important requirement for small hydro plants to ensure optimum reliability and minimum maintenance costs. Gilkes' Engineering Expert�se Every hydro project supplied by Gilkes is subject to the attentions of a team of highly qualified engineers including a contract manager, degree qualified mechanical engineer, draughtsperson and the sales engineer whom you will be dealing with throughout the tender stage. We believe that this approach ensures that your needs are fully understood by the whole of Gilkes and ensures that IdOLKE15 26 — 128 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 projects proceed smoothly and on time with the minimum of project management and/or engineering design/consultancy services. In our experience it is always better to design for, rather than close our minds to, possible failure modes. We therefore accept that it is necessary for turbines to reach full run -away speed safely and have generators supplied to us tested at full run -away speed to ensure that no damage will occur. Some suppliers use lower cost generators which will handle 130% or 140% of normal speed and hope to be able to shut their turbines down before the turbine has accelerated to full run -away and accept that if the machine does ever reach full run -away the generator will be damaged. Gilkes experience is that full run -away is usually reached in less than 5 seconds and is therefore extremely difficult to avoid. IdOLKE15 26 - 129 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Scopefsupp�y......... ... r rin :.I. 1. off 250 G100 Francis turbine fitted with a hydraulic actuator on the guide vanes 1. off Set of inlet pipework up to the inlet flange of the main inlet valve (including dismantling joint) 1. off Main inlet valve, butterfly valve, weight to close and hydraulic actuator to open 1. off' 60Hz 1200rpm (6 pole), 480V, Induction Generator, with the turbine runner supported on a Gilkes bearing housing connected to the turbine by means of a flexible coupling arrangement 1. off` Electrical controls and switchgear package 1. off' Installation and Commissioning supervision of Gilkes supplied equipment provided upon request t 26 — 130 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 We have not included the following items which are required for our equipment or the project in general: • Relay protection study (values from the study will be inserted into our relays). • Secondary injection test at site to prove the results of the protection study. • Any and all activities related to on-line grid connection with the utility. • Any and all power and control cabling for main and auxiliary systems. • Any and all civil works including sealing of cable ducts. • Any and all crane hire and lifting arrangements. • Grounding mat. • Broadband connection/phone line for any remote communication. • HV switchgear. • Hydraulic Control Module • Any and all Building Services. • Any and all activities related to the head level sensing. • Any and all physical Installation activities related to the lifting and positioning of the equipment. • Plant installation and commissioning supervision. • Performance testing. • Any and all site set up, facilities and additional site labour. Extent of Supply The supply of Gilkes plant terminates at the following points: • Turbine inlet - at the upstream face of the main inlet valve. • Turbine discharge — at the draft tube discharge. • Generator —at the generator terminal connectors. • Electrical — at the LV of the generator switchgear t 26 — 131 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Price h d u i ......... ... r ri n :.'L Item Qty Description Price ($USD Dollars) 1. 1. 250 G100 Francis Reaction Turbine assembly Included Case Runner Bearing housing Including: Guide Vanes and Linkages Inlet spool pipe, Outlet Bend and Draft Tube Shims and tools 2. 1. Main inlet valve Included 3 1. Induction generator Included 4 1. Controls & Switchgear package Included 5 1. Hydraulic Power Unit Included Installation Supervision of Gilkes supplied 6 0 Not Included equipment available upon request Commissioning Supervision of Gilkes supplied 7 0 Not Included equipment available upon request TOTAL BUDGET PRICE — $USD DOLLARS $369,455 All figures are exclusive of local, State, and Federal taxes which will be charged to the customer account where applicable. Import duties and delivery to site is included. This pricing is indicative only and is based on the information made available to us prior to the date of this offer. None of the prices are fixed or firm and will be subject to further review by Gilkes should you wish to proceed with placing an order. Please note that this budget offer is not intended to form a legally binding relationship and Gilkes is not bound to accept purchase orders against this proposal. t 26 — 132 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Unless otherwise agreed, the following representative payment terms apply:- 15 % of total contract price with order 25 % of total contract price on presentation of the following drawings - General arrangement - Foundation details to allow civil works to proceed 25 % of total contract price on presentation of runner material certificates. 30 % of total contract price on delivery of equipment to ship to site, or on notification of readiness to ship, if site is unable to receive goods. Storage charge can be applied if delivery is delayed by more than 3 months. 5 % of total contract price due on Completion of Commissioning, or 4 months after delivery to site, or 6 months after notification of readiness to ship, whichever is the sooner. If Commissioning of Turbine is to be by others then final payment due on shipping. All payments net 30 Days from date of invoice. Es-dr-naffed d fiver ` We estimate the delivery to site for the equipment offered in our quotation to 48 Working Weeks, DDP Incoterms ° 2010 from receipt of an official order complete with full and final instructions to proceed and on receipt of any initial stage payment. Deliveries offered are indicative only. Firm delivery periods are dependent upon contract start dates, and are subject to Gilkes' factory work loading and major casting availability at the contract start date. Contract timescales commence on receipt of an official order complete with full & final instructions to proceed and initial payment. Firm delivery periods will be reviewed at time of order. Available on request t 26 — 133 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 technical Data .......... ... r rin ::N... The technical data given in this quotation, unless specifically guaranteed, will be subject to confirmation in the event of an order. Model No. of Wilts Mears Dlameter of Runner Rated Speed Maxlmum Over.speed Maxlmum contlnuous overspeed pe6od Runner mater'lal Shaft or'lentatlon Mecharilcal shaft power at 244..5ft Net q lead and 8cfs Flow furbine eff`'lclency at 244..5ft Net l lead and 8cfs Flow Performance r 250 G100 Francis Turbine 1 250 mm 1200 rpm 2220 rpm 2 minutes in any 24-hour period CA6NM or equivalent Stainless steel Horizontal 147 kW 88.5% The following performance and efficiency curve are representative of your project's hydraulic conditions and is depicts the turbine's mechanical power (kW) and efficiency (%) as a function of head (ft) and flow (cfs). IdOLKE15 26 — 134 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 GILKES 250 G100 Francis Turbine Speed 1200 Rpm 300 250 89 200 89 m 85 so 150 70 75 M 55 65 2 100 50 0 300 120 250 100 200 80 m U Q 150 60 o U_ w 100 40 50 20 00 2 4 6 8 10 12 14 160 Flow rate in ft^3/sec Name Head Flow rate Power Efficiency Vent feet ft^3/sec kW percent mm New Duty 244.5 8 147 88.5 13.6 Gilbert Gilkes and Gordon Ltd Approved Ke � au'Pil 26 - 135 V C3 Y 7/2021 Tel: 01539 720028 Fax: 01539 732110 13/11/18 Version Number 20 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Scopefsupp�y......... ... r rin :.I. 1. off 250 G100 Francis turbine fitted with a hydraulic actuator on the guide vanes 1. off Set of inlet pipework up to the inlet flange of the main inlet valve (including dismantling joint) 1. off Main inlet valve, butterfly valve, weight to close and hydraulic actuator to open 1. off' 60Hz 1200rpm (6 pole), 480V, Induction Generator, with the turbine runner supported on a Gilkes bearing housing connected to the turbine by means of a flexible coupling arrangement 1. off` Electrical controls and switchgear package 1. off' Installation and Commissioning supervision of Gilkes supplied equipment provided upon request t 26 — 136 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 We have not included the following items which are required for our equipment or the project in general: • Relay protection study (values from the study will be inserted into our relays). • Secondary injection test at site to prove the results of the protection study. • Any and all activities related to on-line grid connection with the utility. • Any and all power and control cabling for main and auxiliary systems. • Any and all civil works including sealing of cable ducts. • Any and all crane hire and lifting arrangements. • Grounding mat. • Broadband connection/phone line for any remote communication. • HV switchgear. • Hydraulic Control Module • Any and all Building Services. • Any and all activities related to the head level sensing. • Any and all physical Installation activities related to the lifting and positioning of the equipment. • Plant installation and commissioning supervision. • Performance testing. • Any and all site set up, facilities and additional site labour. Extent of Supply The supply of Gilkes plant terminates at the following points: • Turbine inlet - at the upstream face of the main inlet valve. • Turbine discharge — at the draft tube discharge. • Generator— at the generator terminal connectors. • Electrical — at the LV of the generator switchgear t 26 — 137 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Price hdui ......... ... rrin 2 Item Qty Description Price ($USD Dollars) 1. 1. 300 G100 Francis Reaction Turbine assembly Included Case Runner Bearing housing Including: Guide Vanes and Linkages Inlet spool pipe, Outlet Bend and Draft Tube Shims and tools 1. Main inlet valve Included 3 1. Induction generator Included 4 1. Controls & Switchgear package Included S 1. Hydraulic Power Unit Included Installation Supervision of Gilkes supplied 6 0 Not Included equipment available upon request Commissioning Supervision of Gilkes supplied 7 0 Not Included equipment available upon request TOTAL BUDGET PRICE — $USD DOLLARS $398,919 All figures are exclusive of local, State, and Federal taxes which will be charged to the customer account where applicable. Import duties and delivery to site is included. This pricing is indicative only and is based on the information made available to us prior to the date of this offer. None of the prices are fixed or firm and will be subject to further review by Gilkes should you wish to proceed with placing an order. Please note that this budget offer is not intended to form a legally binding relationship and Gilkes is not bound to accept purchase orders against this proposal. t 26 — 138 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Unless otherwise agreed, the following representative payment terms apply:- 15 % of total contract price with order 25 % of total contract price on presentation of the following drawings - General arrangement - Foundation details to allow civil works to proceed 25 % of total contract price on presentation of runner material certificates. 30 % of total contract price on delivery of equipment to ship to site, or on notification of readiness to ship, if site is unable to receive goods. Storage charge can be applied if delivery is delayed by more than 3 months. 5 % of total contract price due on Completion of Commissioning, or 4 months after delivery to site, or 6 months after notification of readiness to ship, whichever is the sooner. If Commissioning of Turbine is to be by others then final payment due on shipping. All payments net 30 Days from date of invoice. Es-dr-naffed d fiver ` We estimate the delivery to site for the equipment offered in our quotation to 48 Working Weeks, DDP Incoterms ° 2010 from receipt of an official order complete with full and final instructions to proceed and on receipt of any initial stage payment. Deliveries offered are indicative only. Firm delivery periods are dependent upon contract start dates, and are subject to Gilkes' factory work loading and major casting availability at the contract start date. Contract timescales commence on receipt of an official order complete with full & final instructions to proceed and initial payment. Firm delivery periods will be reviewed at time of order. Available on request t 26 — 139 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 r chnic � Data .......... ... r rin 2. The technical data given in this quotation, unless specifically guaranteed, will be subject to confirmation in the event of an order. Model No. of Wilts Mears Dlameter of Runner Rated Speed Maxlmum Over.speed Maxlmum contlnuous overspeed per'lod Runner mate6al Shaft or'lentatlon Mecharilcal shaft power at 244..5ft Net q lead and 8cfs Flow furbine eff`'lclency at 244..5ft Net l lead and 8cfs Flow Performance r 300 G100 Francis Turbine 1 300 mm 1200 rpm 2220 rpm 2 minutes in any 24-hour period CA6NM or equivalent Stainless steel Horizontal 162 kW 89.9% The following performance and efficiency curve are representative of your project's hydraulic conditions and is depicts the turbine's mechanical power (kW) and efficiency (%) as a function of head (ft) and flow (cfs). IdOLKE15 26 — 140 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 GILKES 300 G100 Francis Turbine Speed 900 Rpm 200 160 85 �' 80 120 75 � 6C6570 a to = 80 40 0 250 100 200 80 c m 150 60 m � Q o L C a_ T 100 40 z w 20 50 0 0 4 8 12 16 0 20 Flow rate in ft^3/sec Name Head Flow rate Power Efficiency Vent feet ft^3/sec kW percent mm New Duty 177.6 12 162 89.9 20.9 Gilbert Gilkes and Gordon Ltd Approved aA Ke � au'Pil 26 - 141 V C3 Y 7/2021 Tel: 01539 720028 Fax: 01539 732110 13/11/18 Version Number 20 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 III,,,,, riii ne Description & Mater4II Specification Runner Material 13/4 Chrome Steel to BSEN10293: 2005 or ASTM A743 CA6 N M Single casting, part machined, with hand finished blades. The runner blade profile will be finished using templates to meet the current IEC standards. Dynamic balancing specified to G6.3. OR 13/4 Chrome Steel to BS 3100 425 Cl; ASTM 473 S41500; A743 CA6N; EN 1.4313 or similar. The runner will be machined from solid forgings and fabricated construction: CNC machined from a fully heat treated forged disc with hand polished buckets. The runner skirt and crown will have adequate metal thickness for machining to facilitate the fitting of loose wear rings should this ever be necessary. t 26 — 142 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Fixing to the generator shaft will be by keyway, flange connection or hydraulic locking device. Spiral Case Material Ductile Spheroidal Graphite Cast Iron to BSEN1563 Gr: 450/10 Single casting with horizontal inlet. The casting will be complete with hand hole covers, drain outlet, manual valves and all necessary joints, tappings, pipework, brackets and foundation bolts. op & Bottom Material: Ductile Iron ASTM A536 GR 60-45-10 OvOI',S Fitted with self-lubricating bearings for the guide vane shafts. The operating ring cylindrical extension piece will be fitted with a bearing liner in cast leaded gun metal to BS EN1982 CC491K. Chamber facings Material — Stainless Steel to BSEN10293: 2005 or ASTM A743 CA6NM CheekNCO,» or C95xxx Aluminum Bronze Replaceable wearing chamber facing plates, secured to the turbine top and bottom covers by counter sunk screws. The covers will be fully machined, and fitted with loose stainless steel wear rings and facing plates. in Shaft SeaN Proprietary throttle bush and labyrinth incorporating catchment (overhung chamber and pipe. EM Guide Vanes Material 13/4 Chrome Steel to BSEN10293: 2005 or ASTM A743 CA6 N M Single casting with fully machined spindles, part hand finished blades. The spindles extend through the inlet cover through bronze bushes which are self -lubricated by graphite filled spiral grooves requiring no additional external lubrication. 'O' ring seals prevent any leakage between the spindles and bushes. A PTFE thrust bearing is incorporated for each guide vane. The guide vane levers will be connected to the guide vane by clamping their split bosses on the guide vane drive spindle. This will provide a friction hold to permit slip should a guide vane become t 26 — 143 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 jammed by debris. The guide vane levers and spindles are match marked to permit easy resetting should the mechanism be disturbed. The guide vane levers are regulated by the operating ring via an individual link mechanism regulates the guide vane levers. All moving pins are carried in renewable self-lubricating bronze bushes. Guide vane Material Fabricated Carbon Steel Plate to BSEN 10025 Gr 5275 JR Operating Ring The operating ring will be connected to the turbine guide vane mechanism and operated by an Electric or Hydraulic actuator. Guide vane The guide vane operator will regulate water flow Operator The operator will be fitted with: - a) End of travel and intermediate limit switches. b) Linear variable displacement transducer. Wet Pipe Material Fabricated Carbon Steel to BSEN 10025 Gr S275 JR. The inlet pipe will be flange connected to the turbine case. The plain upstream end will be machined for connection to a flanged dismantling joint, (included in our supply). The inlet pipe will be supplied with 1 off pressure transducer and dial type pressure gauge. uUet Bend Material Ductile Spheroidal Graphite Cast Iron to BS 1563 450/10 Draft ube Fabricated Carbon Steel Plate to BS EN 10025:1993 S275 Tapered pipe with flange suitable for connection to turbine discharge. Dismantfing Joint A Viking Johnson flanged dismantling joint is included. The dismantling joint will be located between the turbine inlet pipe and the main inlet valve to assist alignment and disassembly of the turbine inlet pipework for maintenance purposes. Foundation NHS All necessary foundation bolts plus a generous supply of packing pieces for installation setting up purposes are included. Painting All Components were required will be painted in accordance with Gilkes current standard Paint system. t 26 — 144 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 ExampIlIe Drawings The following example drawings show the typical layout of a similar sized Gilkes Francis Turbine. Please note these drawings are intended for information purposes only and should not to be relied upon for construction. t 26 - 145 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 0° - o 0. as 3a 67, eU a - � - Hsu pi�luvulRlun� a"RRoluuu��!�� a to _ _- Cz RIRI� �II��IIUH� Ili 114 ttftl� Q ''M w tn J E m � O �Wmauuw�� o1 z 0 O O Z w �\uupa�RRRRRN yl �1�111111 �VIIRRMNfl��I ��RODk II��a�IRN �� �nlllllll� LU Oz O m c'7 � &� w zV) OC) OU _c LL w z y O o zEU °mow zU o�J zLLU - - _ 4/ Zc 'O O¢Eo z ww0 � w J = m w 0.Z UFF `�`a�r ��ilmmoluR I RmuRuuNN� Q t' dA10££ /� ------------ z �O City Council 0 ------ - 146 °°S 12/7/2021 °°° I d A1Olz M¢ % J cn W tn W J i H m I LD wo poF o?Uco p zOOz a a oU�wZZ 2;=° �� 3 w �¢¢N bail ¢ Zz O� G wow OIL lTOp�w v �z Ou O Z w a � zw iJ -w ^Ills° U o� Zz>2z ~w m o 0 0° WWolllu�uu�!�'''���NNN%nM o 0 0 � N o w a N9 liimiuuul � a w U o z a hmlRRp ¢VOtlW �tluWNUq � w wU U* w'Fo w - - ¢�Nnouiuu �I z I � Ilpqp�IRN %�IIIIIWQ ', p`�Ilu'" !ibpq&U .O° \1\V1 �N�7i0 .ml�n # � p � � "'I�IIIII�IIIIII�iII���I u��NWtl �W%NgM�Wfl. 4 p shhp%0p", °wQQ °a Mci a Uoaa w Zm LU - LU ZU01 QZ w =c _ Q� r w C� �© ZLU o 1 °wow DYw�J N39�? �aWw..�„w � Cna�va�o�dsla Y lb'2131'dl Z� cO %uuulmiN �y�u�uu�m �� U , J&,11Ml � rw �g w o w � z `W�`%mr ��ppIIIIVIIIIUq `'- o � WWIIIpNNN�� �.i wa aZw �Illllllllll t y_ _ IIIIIIIIIIIIIII ¢w poa m @IlVlllp� \e o w � p � z� rx�U w�Jz a ��IIIII ��IIIIIII��II w � w pp �� 10001, � U D IIIIII� CS °az° za J Uw dA1009 wU �¢ I U— I ' O 39 Nylj aw 'ns 00C Uw 1lj l3NNni I l3NNni o., o - z�U 11vm 1NOOd dO 3JVd IGISNI Ol S9£ I �� nnr nse City Council 26 — 147 12/7/2021 �P, 1,,,, ll Ill,,, ll Ill„ )PNelAicomILCounc 26 — 148 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 149 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 61 0 City of Santa Ana Public Works Agency Water Resources Division Production and Control Section SA-1 Generator Panel ReadinLys Generator hours tb5 !305 50-*) 5Uti [IV V6 '-I 1 o L$ 1q,14/4j 15� 500 6D5 5a5 J / — ^i3 150 560 505 �oS ly0 CYS /4 d RD l Y07 1 V,oev < — li -5 13% 51a s05 510 1(,5 116 t 6'� ► 9c ► -, �a S-i • 5 t-H (45 516 SID 515 Aso 11% ISO ISO ISoB 15IMPS. l �H 1,1d 505 565 1605 1l$ 1195 '91`0 1�5 1qo$ kRO31 •2 �A y.io 5a5 Say 505 t 0 11Q5 00 11.0 l9D7 L9203•-7 tw 41 - q NO 74, 1 City Council PREVIEW Date: Nov 03, 2021 26 - 150 12/7/2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 a 0 E� SA1 Date Totalizers Chlorine WSo Comments Location SCADA Differenc Total Free kf aowt 66gosp5 rz lWao 2 $? 772, 0 AC YA 7 b 01 i4 7 ;t/-9 1671 q 6 to-5.4 �.o jo-12,q 170 to 7 Z5 `t .22 Y iZ Z k0ALI/q,I Z - �r 1 2 zz " 7c1 k Z-S�4I-Iqq53Zq 17533;Z/o 5b�t63�`f %9 -1a 6 1 1-7 5 Soo 1 -1Wr073 2.0 r 2a 3S6-1 Z I -z % 2 3 t ` yt VJ'0 �,� �� Z) 2 �` Y Z3 j �,Dto , �j JJj1�� i 3 S al 4I �- 3-z t $ 2z l vi I r City Council 26 — 151 12/7/2021 SA Log forms PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 r -1 lb cc co U) 4- 0 2>7 A • m c O V O 0.. L t�+ cu J C O 0 CD a) L 0 cn AL W ♦V O A Milli �������I�011�1111IIIIIIIIIIIII 01 � 9������le����ll�lllllllllllllllll � �����������l�lI�IIIIIIIIIIIIIIIII @101111111111111111111111111111111 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 g-- oun ���QIUIIINIIIIIIIIIIII knommmumommm AML • C? 0 U • 0 U C 0 0 L L Ic J .D) 5 U L 0 W ^L' W J 0 N Clt} �l����01�1���0000�111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII. Lql PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 • • • SA1 Date Totalizers Chlorine I WSO I Comments Location SCADA iDifference Total I Free �c D . y 20 -L s7 Igi4rhI City Council 26 — 155 12/7/2021 SA Log forms.xis PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 4 0 SA1 0 1011 Date Totalizers Chlorine WSO Comments Location SCADA Differenc Total Free E12Zt3 !$273 Z23s s'� GIs 6-111 Z- t z3 o M " Z �— [� • �� 53�55 7 3 IT5 o(0o '[•�4 Sb ot- J7 d (oZ74 941> IPCtp AN ��• I� t�y53a�5' '� io. tq l°15oa9��1 Rtk �oz7 l i s5`{�ou eN lt•2 Iq� ayZv r4 Q �fS-6 W-31 1< Y P City Council 26 — 156 12/7/2021 SA tog forms PREVIEW Date: Nov 03, 2021 - Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 _ LJ • City y G a � Z CL II � I II I o Lr) co 0 N - F I I N LL� Ic N cn I co 1 I I I pol LL CL IIII , III, I !�I II i I `" LO cr) ji �'IL i w �i co 4 j i Il 'll 1I � I C I 11 I II N NI • I � �"� � r! �� i l II I' II �. i _... _ I I II 'I !I I I ' II III •% i i I O� � 'I V ,i 11 � I 11 1I1 I I I I I I 1 \\ I tco FDA I rl 4 j 1'ti�-l a6- 5 1�/7/20�1 v 11 I II 1 N Cb c ca m 12 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 III ;II °FIIF-EIII,,,,Y llllf Ilf;LI "III III )PNelAicomILCounc 26 — 158 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 159 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Nabil's FORMS City of Santa Ana Public Works Agency Water Production ...................................................................................................................................................... ..................................................................................................................................................... MITHLF PRDUGTIDN IEPOFT ............................................................... .7................................................................ January, 2017 A- Ground Water Production: A 1- Wells Pumped to Res.: Well Production: CF No. (Constant=100) 16 0 18 3,326,696 20 6,047,949 .............................. .......................................... 21 .......... 97, 928 .............................. .......................................... 24 .......... 2,048,192 26 5,329,344 27 12,301,565 .................................................................................................................................................. 29 0 .............................. 30 ........ ......... .......... 12,723,584 33 0 34 . 11,300 .... ......... 36 ........ ......... .......... 6,757,760 .............................. .......................................... 39 .......... 5,493,764 Total: CF 54,138,082 AF 1,242.8 A 2- Wells Pumped to System: 28 8,175,067 .............................. .... 31 ..... .... .. 6,092,008 32 0 35 9,650,250 37 4,252,437 ............................................................:...................................................................................... 3s 118,490 40 0 41 10,205,148 .... ....... .......................................... Total: CF. .......... 38,493,400 .... AF ......... .... 883.7 A: 3-:Total: Ground: P:roducti:on: To:tal.::: eF:::::::::: B- Station Production: B 1- Stat. Boosted to System Station Discharge: Production: CF (Constant=100) West 18,957,695 John G. 18, 271, 820 Crooke 12,127,300 Cambridge ......... ......... .......... 333,529 ..... East 5,346,280 South 18,970 Walnut 0 ........ ....... Total: CF ......... ......... 55,055,594 AFJ ......... ............ 1,263.9 B 2- By -Passed from System: West 0 John G. 0 ....... ......... Crooke ......... .......... 0 Cambridge 361,291 East 0 South 53, 847 ......... ......... Walnut ......... .............. 0 Total. CF 415,138 AF 9.5 B 3- Station Net Production: West 18,957,695 ................................................................................................................................................. John G. 18, 271, 820 Crooke 12,127,300 Cambridge .... ......... -27,762 ......... .... East 5,346,280 ..... ......... South ......... ...... 34,877 Walnut 0 Total: CF 54,640,456 AF 1,254.4 .................................................... C:=:M.1N4: iroductiort':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: MWD Production: Connect. CF AF SA 1 400.0.0 SA 2 0. 0.0 SA 3 500 . 0.0 ......... ......... SA 4 ......... ......... ........ 0: ............ 0.0 ......... ......... SA 5 ......... ...................................... 0' 0.0 SA 6 2,410,100 55.3 SA 7 2,402,400 55..2 Total::............................... ........... .. .................. 48134 .. ......... Q5 ........ D- Prod. of the Month: CF AF % D 1:=:Total:Water:Prodiicfion:::::::::::::::::::::::::::::::::::::::: ............................................................ .......... Tofalr::::: ::::::::9:7>44:4>$82 :::::::::Z; ..........................s....s..... 3:7:U :................ . . ,. Grountl 92,631482 2,126::5 95 06%: Mwii: D 2=:ClJP:Creilit Due:::::::::::::::::::::::::::::::::::::::::::::::::: ....................................................................... 6redit:Doer:: ::::::::::::::::::: :......::::Q:O D:3; Peak:Produ:etion:i::::::::::::::::::::::::::::::::::::::::::::::::: Time D.ay; Production:: PKDay.`:Cf :::::::::::::::::::::: ...............:....................................................... E- Prod. Of the Fiscal Year. Fiscal Year Elapsed Days: 215 CF AF % E 1-Total F.Y. Production: Total: 854,389,329 19,616.0 ......... ...... ........ Ground: 709,792,729 .... .. 16,296 ........ ......... 83.08 /o MWD: 144,596,600 3,320.16.92% E 2- F.Y. CUP Credit Due: Credit Due: 0.0 AF % E 3-Total F.Y. Production with CUP: Total: 19,616.0 Ground -CUP 16,296.0 83.08% ..................................................'...........................:....................................................................... MWD+CUP 3 320.0 . 16.92 /o E4- Peak Production Time Day Production Pk Day: CF ...............................................................................................................................................................................................................;....................................................................... 7/25/2016 5,026,468 PkFIwCFS 20:12 6/20/2016 87.7 F- Production Reduction Compared to 2013 Calendar Month: AF % 2013 2,748.3 18.6% Page 1 City Council 26 - 160 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 A � � f C "Ilfllfllllll III...... " )PNelAicomILCounc 26 — 161 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 162 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Santa Ana Hydro Turbine Cost City of Santa Ana Hydro Turbine Generators Project Cost Estimate SA-1 Replace Turbine Generator with a New Unit Equipment Description Canyon Hydra Soar In Line Turbine 8.0 CFS, 90-120 psi, 183 kW max Includes Soar ILT 12-33-9.0 Variable Flow Hydro Turbine, 1800 rpm, adjustable wicket gates; US Motors Vertical Shaft 250 hp, 480 VAC Induction Generator; 12 inch Electrically Actuated Turbine Inlet Valve; HPU to support wicket gate actuation with accumulator sized to close wicket gates in power failure; Switchgear and Control Panels with protective relays to utility grid standards Commisioning Parts, Startup, Site Testing Mechanical/Electrical Building Modifications Construction, EPC Contractor Demolition of Existing Plant (Offsetting with Salvage Value) Salvage Value of Existing In Line Turbine Shipping - In Line Turbine Development Costs - Permitting, Interconnection, SCE Balance of Plant Contingency Subtotal Materials + Labor Sales Tax on Materials Contractor Construction Management Contractor O&P Contingency on Construction Contract Design Engineering City Project Management City Construction Support Project Total SA-1 Incentive from SGIP or Average Load Incentive Net Project Cost References 1. Canyon Hydra Proposal 17 Aug 2018 2. NAM Extended Bare Bare Labor Extended Bare Material Material Cost Cost per Unit Bare Labor Qty Cost Per Unit ($) ($) ($) Costs ($) Reference 1 $ 261,000 $ 261,000 $ $ 1 0 $ - $ - $ - 1 1 $ $ 10,000 $ 10,000 1 0$ - $ $ - 1 $ 10,000 $ 10,000 $ 10,000 $ 10,000 2 1 $ $ - $ 100,000 $ 100,000 2 1 $ $ $ $ 1 $ $ $ $ 1 $ 5,000 $ 5,000 $ 2 1 $ $ 1 $ $ 5,000 $ 5,000 2 1 $ $ 1 $ 25,000 $ 25,000 $ - 2 $ 301,000 $ 125,000 $ 426,000 9.2S% $ 27,843 S% $ 21,300 15% $ 63,900 20% $ 85,200 9% $ 38,340 7% $ 29,820 6% $ 25,560 $ 717,963 $ 0.60 /Watt $ 600 /kW 132 kW $ 79,200 $ 638,763 City Council Copyright (c) Newcomb I Anderson I McCormick 2017. All rights reserved. PREVIEW Date: Nov 03, 2021 26 — 163 12/7/2021 11/29/2018 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana Hydro Turbine Generators Project Cost Estimate SA-3 Install New Turbine Generator in a New Vault Equipment Description Canyon Hydra Soar In Line Turbine 8.0 CFS, 90-120 psi, 183 kW max Includes Soar ILT 12-33-9.0 Variable Flow Hydro Turbine, 1800 rpm, adjustable wicket gates; US Motors Vertical Shaft 250 hp, 480 VAC Induction Generator; 12 inch Electrically Actuated Turbine Inlet Valve; HPU to support wicket gate actuation with accumulator sized to close wicket gates in power failure; Switchgear and Control Panels with protective relays to utility grid standards Commisioning Parts, Startup, Site Testing Vault- Excavation, concrete, backfill, lid, sidewalk, landscaping 10, x 10, at $350/sf Mechanical/Electrical Building Modifications Construction, EPC Contractor Demolition of Existing Plant (Offsetting with Salvage Value) Salvage Value of Existing In Line Turbine Shipping - In Line Turbine Development Costs - Permitting, Interconnection, SCE Balance of Plant Contingency Subtotal Materials + Labor Sales Tax on Materials Contractor Construction Management Contractor O&P Contingency on Construction Contract Design Engineering City Project Management City Construction Support Project Total References 1. Canyon Hydra Proposal 17 Aug 2018 2. NAM Extended Bare Bare Labor Extended Bare Material Material Cost Cost per Unit Bare Labor Qty Cost Per Unit ($) ($) ($) Costs ($) Reference 1 $ 261,000 $ 261,000 $ - $ 1 0 $ $ $ 1 1 $ - $ 10,000 $ 10,000 1 1 $ 15,000 $ 15,000 $ 20,000 $ 20,000 0 $ $ $ 0 $ $ $ 1 $ 10,000 $ 10,000 $ 10,000 $ 10,000 2 1 $ $ - $ 100,000 $ 100,000 2 1 $ $ $ $ 1 $ $ $ $ 1 $ 5,000 $ 5,000 $ 2 1 $ $ 1 $ 35,000 $ 35,000 $ 5,000 $ 5,000 2 1 $ $ 1 $ 25,000 $ 25,000 $ $ 351,000 $ 145,000 $ 496,000 9.2S% $ 32,468 S% $ 24,800 is% $ 74,400 20% $ 99,200 9% $ 44,640 7% $ 34,720 6% $ 29,760 $ 835,988 City Council 26 - 164 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City of Santa Ana Hydro Turbine Generators Project Cost Estimate SA-6 Install New Turbine Generator in a New Vault Equipment Description Gilkes 300 G100 Francis Turbine Assembly Includes 300 G100 Francis Reaction Turbine, Case, Runner, Bearing Housing, Guide Vanes and Linkages, Inlet Spool Pipe, Outlet Bend and Draft, Tube, Shims, Main Inlet Valve, Induction Generator, Controls & Switchgear Package, Hydraulic Power Unit. Commisioning Parts, Startup, Site Testing Vault- Excavation, concrete, backfill, lid, sidewalk, landscaping 10, x 10, at $350/sf Mechanical/Electrical Building Modifications Construction, EPC Contractor Demolition of Existing Plant (Offsetting with Salvage Value) Salvage Value of Existing In Line Turbine Shipping - In Line Turbine Development Costs - Permitting, Interconnection, SCE Balance of Plant Contingency Subtotal Materials + Labor Sales Tax on Materials Contractor Construction Management Contractor O&P Contingency on Construction Contract Design Engineering City Project Management City Construction Support Project Total References 1. Canyon Hydra Proposal 17 Aug 2018 2. NAM Extended Bare Bare Labor Extended Bare Material Material Cost Cost per Unit Bare Labor Qty Cost Per Unit ($) ($) ($) Costs ($) Reference 1 $ 398,919 $ 398,919 $ $ 1 0 $ - $ - $ - 1 1 $ - $ 10,000 $ 10,000 1 1 $ 15,000 $ 15,000 $ 20,000 $ 20,000 0 $ $ $ 0 $ $ - $ - 2 1 $ 10,000 $ 10,000 $ 10,000 $ 10,000 2 1 $ $ - $ 100,000 $ 100,000 2 1 $ $ $ $ 1 $ $ - $ - $ - 1 $ 5,000 $ 5,000 $ 2 1 $ $ 1 $ 35,000 $ 35,000 $ 5,000 $ 5,000 2 1 $ $ 1 $ 25,000 $ 25,000 $ - 2 $ 488,919 $ 145,000 $ 633,919 9.2S% $ 45,225 S% $ 31,696 15% $ 95,088 20% $ 126,784 9% $ 57,053 7% $ 44,374 6% $ 38,035 $ 1,072,174 City Council 26 - 165 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 Ill,,,,AIR INA011„ Ill,,,]l,,,, )PNelAicomILCounc 26 — 166 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 City Council 26 — 167 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 The sheet contains the parameters used in the financial model. All cells (grey) must he completed. Ownership PPA O&M r IN 13111111111= Date 1 11/30/2018 r Auto populates Client City of Santa Ana Linked to OnePager footer Project Name Water Tanks Linked to OnePager Title Project Number 2669 General Notes 6„41 f it Energy - Escalation Reasonable range: I I'. PV Degradation1 - . _. -range: Utility Escalation -- •: T Calc Method _ Contingency - Ownership As percentage of upfront costs Cash Purchase Term (Years) ContingencyPM, ... As percentage of upfront costs PM, Contingency - Term Range 0 to 25, 0 represents upfront lump cost. Applies . .., cash flow. PPA Term (Years) Typically 20 or 25 years O&M CostEscalator I'. O&M Cost - Term Range 0 to 25, 0 represents upfront lump cost. Applies to non-PPA cash flow. Simple Loan Term (Years) (previously known as bond term) # of Projects Total number of projects being considered •.-From I to 31 default to DiscountNPV Rate 11'. FTA- III MLA -T, M. Month of operation/installation - I • Basic Interest Rate Range 4.5% to 6.5% Utility Rebate 1 Term- City Council 26 — 168 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 CITY OF SANTA ANA DROUGHT ACTION PLAN Deepening drought conditions in California called for Governor Brown to issue an executive order earlier this year to reduce statewide water use by 25 percent from 2013 levels. The State Water Resources Control Board followed the executive order with expanded emergency regulations to safeguard the state's remaining water supplies. The City of Santa Ana has been under a Phase 2 Water Supply Shortage Emergency since the City Council's approval of Resolution No. 2015-025 (June 2, 2015). By this resolution, the City Council declared that a water shortage exists throughout the area served by the City of Santa Ana Water Resources Division and ordered that water customers must reduce their monthly total potable water consumption by 12%, using 2013 as the base year. The Phase 2 Water Supply Shortage Resolution implements additional regulations and restrictions on the delivery of the water and the consumption within the City of water supplied for public use with the goal of conserving water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. The City of Santa Ana Water Resources Division has prepared the following Drought Action to assist in the meeting of the state's mandatory 12% reduction in water use. The following recommended Drought Action Plan summarizes: the reason for the state's mandatory reduction in water use; the permanent water conservation requirements found in Section 39-106 of the Santa Ana Municipal Code; the mandatory water requirements that apply during a declared Phase 2 Water Supply Shortage; and the additional short term and long term City action items being recommended to be implemented by the City of Santa Ana. DROUGHT ACTION PLAN Due to the following, the City of Santa Ana has established a Drought Action Plan to meet the state's mandatory 12% reduction in water use: A. The State of California is in its fourth year of severe drought conditions. B. On April 1, 2015, Governor Jerry Brown issued an executive order to cities and towns across California to cut water use by 25% as part of a sweeping set of mandatory drought restrictions, the first in state history. C. On April 1, 2015, State water officials measured the lowest April 1 snowpack in more than 60 years of record -keeping in the Sierra Nevada. D. On April 14, 2015, the Governing Board of the Metropolitan Water District ("MWD") took action to reduce water deliveries to its member agencies, including the City of Santa Ana, effective July 1, 2015. E. Because of the action taken by the MWD, beginning July 1, 2015, the City's water deliveries will be reduced by 15%. F. The MWD action also includes heavy surcharges for member agencies that exceed their allocations. The surcharge will be roughly four times the normal price of an acre foot of water for use beyond the allocated amount. City Council 26 — 169 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 G. The State of California's Drought Emergency Water Conservation regulations provide that the City of Santa Ana must reduce its monthly total potable water production by 12%, using 2013 as the base year. H. On May 19, 2015, the City Council amended Chapter 39, Article VI of the Santa Ana Municipal Code's to include "Water Shortage Contingency Plan". Pursuant to Santa Ana Municipal Code section 39-105 and Water Code sections 350 and 353, the City Council shall adopt such regulations and restriction on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of the Council conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. I. By Resolution No. 2015-025, the City Council of Santa Ana declared that a water shortage now exists through the area served by the City of Santa Ana Water Resources Division and is ordering that water customers must reduce their monthly total potable water consumption by 12%, using 2013 as the base year; and pursuant to Santa Ana Municipal Code section 39-105, the City Council declared a Phase 2 Water Supply Shortage that implements additional regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection. The following is the recommended City of Santa Ana Drought Action Plan, based on the Phase 2 Water Supply Shortage: Per Section 39-106 of the Santa Ana Municipal Code, the following water conservation requirements are effective at all times and are permanent (these requirements are found in section 39-106 of the Santa Ana Municipal Code and are repeated here for convenience): (1) Washing down sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or alleviate safety or sanitary hazards and then only by use of a hand-held bucket, or hand-held hose equipped with a positive self -closing water shut-off device is prohibited. (2) The use of water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures unless such water is part of a recirculating system is prohibited. (3) No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested. (4) Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a hand-held bucket or hand-held hose equipped with a positive self -closing water shut-off nozzle or device. (5) Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clean and easily understood language. City Council 26 — 170 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 (6) Food preparation establishments such as restaurants or cafes, are prohibited from using non -water conserving dish wash spray valves. (7) Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley gutter or ditch is prohibited. (8) The use of water to irrigate outdoor landscapes during or within 48 hours after measurable rainfall is prohibited. (9) The irrigation with potable water of ornamental turf on public street medians is prohibited. (10) The irrigation with potable water outside of landscapes outside of newly constructed homes and buildings in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development is prohibited (must be delivered by drip or micro - spray systems). Per Section 39-108 of the Santa Ana Municipal Code, the following mandatory water conservation requirements apply during a declared Phase 2 Water Supply Shortage. These requirements are found in section 39-108 of the Santa Ana Municipal Code and are repeated here for convenience: (1) Watering lawn, landscape or other turf area shall be modified to prohibit watering more often than two days per week or Monday and Thursday. Such areas shall only be watered between the hours of 6:00 p.m. and 6:00 a.m. This provision shall not apply to commercial nurseries and golf courses. (2) It is prohibited to water lawn, landscape or other turf areas of commercial nurseries or golf courses more often than every other day and watering shall only occur between the hours of 6:00 p.m. and 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. (3) It is prohibited to use water from fire hydrants except for firefighting and related activities. Other uses for municipal purposes shall be limited to activities necessary to maintain the public health, safety and welfare. (4) No customer shall make, cause, use or permit the use of water for any purpose in excess of the applicable percentage of the amount used in the customer's premises during the corresponding billing period of the base year as set by the City Council, such percentage to be determined by City Council and set forth in the resolution declaring Phase 2 water supply shortage. This percentage has been set at 12%. There shall be no restriction on the use of reclaimed water under this provision. (5) All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight (48) hours of notification by the City, unless other arrangements are made with the City. (6) Re -filling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. City Council 26 — 171 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 In addition to the permanent water conservation requirements and the Phase 2 requirements stated above, the City's Drought Action plan includes the implementation of following action items: Short Term Action Items 1. Intensify Drought Outreach Campaign: media relations (press releases & news articles); bill inserts; website and social media; outdoor advertising; education programs; community and school events; and business outreach programs. 2. Focus outreach campaign on identified areas within the City with higher outdoor irrigation usage. This will include performing community outreach efforts to discuss the importance of water conservation and help customers convert to more efficient irrigation systems. Continue to support and promote water conservation incentive programs: turf removal rebate program; MWD BeWaterWise program, and SoCal WaterSmart program (high -efficiency clothes washers and toilets, rotating sprinkler nozzles, weather -based irrigation controllers, soil moisture sensory systems, rain barrels, etc.). This includes providing staff resources to assist in and speed up various rebate programs. See Santa Ana's Water Conservation Page at santa- ana.org/waterconservation/. Continue implementation of Water Wasting Reporting Program (Water Hotline, e-mail at conservewater(4 Santa-ana.or , or use City MySantaAna smart phone app). 5. Continue enforcement: water wasting violations and pending violation of 12% use reduction. 6. Specific short term action plans to be implemented by the City and City Departments: • Upgrade the City Corporation Yard car wash; • Reduce watering in passive areas of parks, continue watering active areas (sports fields); • Amend the Zoning Code to update the City's Water Efficient Landscape Standards; • Continue to update and amend the Citywide Design Guidelines to reflect the new water efficient technologies; and • Upgrade the Planning Division webpage to provide examples of drought tolerant landscaping and water efficient water systems; Long Term City Action Items 1. Implement a lawn replacement program (replace with drought tolerant plants) at all City Water Production Facilities. Remove ornamental turf on all street medians and replace with drought tolerant planting, gravel or other water efficient landscapes. 3. Within city parks and facilities, remove grass where possible and install drought tolerant plants or install synthetic turf, where feasible. 4. At City parks, install master control valves, flow and moisture sensors, and weather -based irrigation controllers. City Council 26 — 172 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 5. Within City buildings and facilities, continue the replacement of plumbing fixtures (toilet and sink valves) with low water use (water efficient) fixtures. 6. Convert large water irrigation customer's old meters to AMI meters (which allow real-time monitoring of water use for precise irrigation practices). 7. Continue the feasibility study for City-wide AMI meter replacement implementation program. 8. Conduct recycled water feasibility study in conjunction with OCWD. City Council 26 — 173 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 The following attachment is not included in the view since it is not a read-only PDF file. Upon submission, this file will be transmitted to the Grantor without any data loss. SF 424 Solar Tier 2 WEEG City of SA.pdf City Council 26 — 174 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 The following attachment is not included in the view since it is not a read-only PDF file. Upon submission, this file will be transmitted to the Grantor without any data loss. SF 424d-f Solar WEEG Well 38 City of SA.pdf City Council 26 — 175 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 The following attachment is not included in the view since it is not a read-only PDF file. Upon submission, this file will be transmitted to the Grantor without any data loss. SFLLL Solar Well 38 City of SA.pdf City Council 26 — 176 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 The following attachment is not included in the view since it is not a read-only PDF file. Upon submission, this file will be transmitted to the Grantor without any data loss. FG2 SF 424c Solar WEEG City of SA.pdf City Council 26 — 177 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Previous Edition Usable 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made, and 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 424D (Rev. 7-97) Prescribed by OMB Circular A-102 City Council 26 — 178 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Completed on submission to Grants.gov Principal Civil Engineer APPLICANT ORGANIZATION DATE SUBMITTED City of Santa Ana Completed on submission to Grants.gov SF-424D (Rev. 7-97) Back City Council 26 — 179 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. APPLICANT'S ORGANIZATION City of Santa Ana PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: ' First Name: Rudy Middle Name: • Last Name: Rosas Suffix: ' Title: Principal Civil Engineer 'SIGNATURE I Completed on submission to Grants.gov 'DATE Completed on submission to Grants.gov City Council 26 — 180 12/7/2021 PREVIEW Date: Nov 03, 2021 Workspace ID: WS00800354 Funding Opportunity Number: R22AS00023 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING FROM THE BUREAU OF RECLAMATION'S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE GENERATION OF SOLAR POWER AT GARTHE AND WEST PUMP STATION FACILITIES PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The majority of the City's potable water comes from an underground basin and is pumped through 21 existing wells. B. The City relies on purchased electricity to operate water well pumps and booster pumps to deliver potable water to its customers. C. The generation of solar power at the Garthe and West Pump Station Facilities Project (the "Project") will entail the installation of solar photovoltaic modules at two of the City's water production facilities. D. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grant Program for this type of project. The program provides two levels of funding and up to a maximum of $2,000,000 in grant funding, but not to exceed 50% of the total project cost. E. The City desires to fund part of the cost of this Project with grant funding from the WaterSMART Water and Energy Efficiency Grant Program. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the Executive Director of Public Works, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation's WaterSMART Water and Energy Efficiency Grant Program for the Generation of Solar Power at Garthe and West Pump Station Facilities Project up to the amount of $2,000,000. Section 3. The Executive Director of Public Works, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Resolution No. 2021-XXX City Council 26 — 181 12/7/ M29 1 of 3 Section 4. The Executive Director of Public Works, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $2,000,000 in matching funds for the Generation of Solar Power at Garthe and West Pump Station Facilities Project plus any remaining balance. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �W John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2021-XXX City Council 26 — 182 12/7/ 29 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2021 - to be the original resolution adopted by the City Council of the City of Santa Ana on , 2021. Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 26 — 183 12/7/ M29 3 of 3 Public Works Agency www.santa-ana.org/pw Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Conceptual Design Services for Dog Park Project AGENDA TITLE: Approve an Agreement with David Volz Design Landscape Architecture, Inc. for Landscape Architectural Design Services for a new Dog Park Project at Centennial Park in an Amount not to Exceed $56,360 for a Three-year Term (Project No. 22-2755) (Non - General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with David Volz Design Landscape Architecture, Inc. to provide conceptual design schemes for a new dog park at Centennial Park in the amount of $46,966, with a contingency of $9,393, for a total amount of $56,360, for a three-year term beginning December 7, 2021 and expiring December 6, 2024, with an option for two, one-year extensions, subject non -substantive changes approved by the City Manager and City Attorney. DISCUSSION At the southwest end of Centennial Regional Park is a large, unused, barren area, approximately 3.51 acres adjacent to Castor Street and the Santa Ana River. As a member of the City Council, Mayor Pro Tern Penaloza championed the notion of a dog park in Santa Ana; staff determined that this site could accommodate the City's first dog park. The project will include two separate off -leash spaces for small dogs and large dogs to roam free. Picnic tables will be constructed throughout the site, along with shade components. Other improvements will include security lighting, drinking fountains with pet bowls, waste bag dispensers, irrigation, dog play/agility features, and drought -tolerant planting. The designated area for the proposed park is between the existing Dan Young Soccer Complex to the north, Castor Street to the south, Santa Ana River to the west, and the Reservations Administration Office on the east. On October 4, 2021, the Public Works Agency released Request for Proposals (RFP) No. 21-119, by which it sought the services of a professional engineering or landscape architectural firm to provide conceptual design plan services for the City of Santa Ana's first Dog Park project (Exhibit 1). City Council 27 — 1 12/7/2021 Conceptual Design Services for Dog Park Project December 7, 2021 Page 2 The RFP was advertised on the City's online procurement management and publication system, with Proposals due on October 21, 2021. Eight proposals were received and evaluated by a selection committee. Based on criteria outlined in the RFP, the following summarizes the top three responding firms and their ranking: Firm City Rank David Volz Design Landscape Architecture, Inc. Costa Mesa 1 RJM Design Group San Juan Capistrano 2 Kimley-Horn and Associates, Inc. Orange 3 Staff recommends awarding an agreement (Exhibit 2) to David Volz Design Landscape Architecture, Inc. to provide full concept design services based upon the scope of work and selection criteria outlined in RFP 21-119. Their proposal demonstrated the firm has the necessary capacity and expertise to complete the required services. The firm's rates are reasonable and within industry standard, the team qualifications are appropriate for this project, and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the following account for the current fiscal year. As part of the citywide carry forward process, PRCSA will submit to the Finance Department a request for any project balance to be carried forward into subsequent fiscal years, which will be compiled with requests from other departments and presented to the City Council. Fiscal Accounting Unit - Fund Accounting Unit - Year Account No. Description Account No. Amount Description 05113263- Capital Outlay Park Improvements- FY 21-22 66220 (22-2755) Fund (Cell Improvements Other $56,360 Tower) Than Building TOTAL: $56,360 EXHIBIT(S) 1. Location Map 2. Consultant Agreement City Council 27 — 2 12/7/2021 Conceptual Design Services for Dog Park Project December 7, 2021 Page 3 Submitted By: Nabil Saba, Executive Dir Public Works and Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 27 — 3 12/7/2021 - PROJECT LOCATION SANTA ANA PWA EXHIBIT 1 PROJECT NO. 22-2755 CITY OF SANTA ANA DOG PARK EXHIBIT 1 AGREEMENT TO PROVIDE FULL CONCEPT DESIGN FOR THE SANTA ANA DOG PARK THIS AGREEMENT ("Agreement") is made and entered into on this 7 h day of December, 2021 by and between David Volz Design Landscape Architecture, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 4, 2021, the City issued Request for Proposal No. 21-119, by which it sought a Consultant having special skill and knowledge in the field of dog parks to prepare full conceptual plans for the City of Santa Ana Dog Park. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 21-119, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $56,360 during the term of this Agreement, including any extension periods exercised under Section 3. The sum is comprised of the base amount of $46,966 and an approximate 20% contingency in the amount of $9,393 for additional services at the City's sole discretion. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. City Council 27 — 5 12/M021)f 13 3. TERM This Agreement shall commence on the date first written above and terminate on December 6, 2024, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a two (2) one (1) year, periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. City Council 27 — 6 12/M021)f 13 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims forinjuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: a. Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can City Council 27 — 7 12/M021)f 13 be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). b. Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. c. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except withnotice to the City. d. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. e. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. f. Acceptability oflnsurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. g. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. City Council 27 — 8 12/M021)f 13 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. h. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. i. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. j. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by City Council 27 - 9 121n02 Pf 13 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality, (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. City Council 27 - 10 12/?n®P1)f 13 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case City Council 27 - 11 12/?n®2'Pf 13 such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in City Council 27 - 12 12/?n®P1)f 13 the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: David J. Volz, President David Volz Design Landscape Architecture, Inc. 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. [Signatures on following Page] City Council 27 — 13 12/M021)f 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney M. Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: lorw David J. Volz President Page 10 of 13 City Council 27 — 14 12/7/2021 EXHIBIT A City Council 27 — 15 12/7/YG2q I I of 13 REQUEST FOR PROPOSALS (RFP) FOR SANTA ANA DOG PARK REP NO.: 21-119 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza, M-36 Santa Ana, CA 92701 SEAN THOMAS Project Manager (714) 647-5655 Office Approved for Release: KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Deadline for Requests for Information: Proposal Due Date: Projected Award Date: October 4, 2021 October 14, 2021 October 21, 2021 at 2pm December 7, 2021 / Jason GabriEl incipal Civil Engineer Public Works Agency City Council 27-16 12/7/2021 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the Santa Ana Dog Park full concept design. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than October 21, 2021 at 2:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed, or hand delivered in an enclosed sealed envelope and marked clearly with the following: "SEALED PROPOSAL FOR SANTA ANA DOG PARK RFP NO.21-119 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-36 20 Civic Center Plaza; Ross Annex Santa Ana, CA 92701 For further instructions regarding hard copy submission of proposals, refer to PlanetBids. All notifications, requests for information, updates and addenda will be posted online on PlanetBids at lnProposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification. City Council City of Santa Ana W211-119 12/7/2021 Page 2 TABLE OF CONTENTS I. INTRODUCTION / PROJECT DESCRIPTION 4 II. INSTRUCTIONS TO PROPOSERS 6 A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. CITY RIGHT TO REJECT I. BID PROTESTS III. SUBMITTAL REQUIREMENTS 8 A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 10 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD 10 A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION 10 A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS 11 VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATION ATTACHMENT 4: PROJECT ATTACHMENTS City Council City of Santa Ana W2419 12/7/2021 Page 3 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana Public Works Agency (City) desires to enter into an agreement with a qualified consulting firm to lead efforts to develop a funding plan and successfully apply for appropriate grants for the Santa Ana Dog Park Grade at the southwest end of Centennial Regional Park (referred to from hereon as "PROJECT"). The proposed park area is adjacent to Castor Street and Santa Ana River that is in need of repair and revitalization to serve both the people and dog community with the City's first Dog Park. Number of Proposals and Signature: Five (5) hard copies are required to accompany an electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as "ORIGINAL" and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please he explicit in identifying the appropriate person with legal authority to hind the company. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Rating: The criteria for evaluating the RFP submitted will take the following items into consideration: • Firm/Team Experience 25% • Understanding of Need 30% • Relevant Project Experience 30% • Schedule of Delivery 10% • References 5% The City has established a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. City Council City of Santa Ana W211_019 12/7/2021 Page 4 Proj ect Funding: Funding sources for each project may vary and shall comply with the funding agency's requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP. Term of Contract Agreement: The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option for two (2) one (1) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2. City Council City of Santa Ana ice, 212619 12/7/2021 Page 5 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Contact information such as email and phone number must be included into the proposal. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at helps://v v w.planetbids.copott, 'post i`�t."oSan llll 2 ➢i as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City's project manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. City Council City of Santa Ana W212119 12/7/2021 Page 6 F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a "New Vendor Checklist", which outlines insurance requirements. G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. H. PRE -PROPOSAL MEETING Should a pre -proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractor(s) shall be identified in response to this RFP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non- responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City Council City of Santa Ana W212219 12/7/2021 Page 7 III. SUBMITTAL REQUIREMENTS A. GENERAL 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION 1. STATEMENT OF OUALIFICATIONS Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 in the Appendix. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. City Council City of Santa Ana W2IM19 12/7/2021 Page 8 d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. Relevant Project Experience: Proposal shall include a list of relevant projects, which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, project location, year completed, client name and contact information, and name of consultant proj ect manager. City of Santa Ana staff may conduct site visits at select proj ects. f References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. FEE PROPOSAL: The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined in the Scope of Work. The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit City Council City of Santa Ana W212419 12/7/2021 Page 9 • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The selection committee will be comprised of at least (3) City staff from multiple departments. The committee may interview the top ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions. V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend award contracts to the three top-ranking proposers that will provide the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes. B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. City Council City of Santa Ana Page 1 12/7/2021 For "On -Call" contracts, individual City Project Managers will request proj ect/task specific proposals from Consultants on an as -needed basis. Proposals will then be evaluated by City staff and written NTPs will be issued accordingly per each task order. VII. PUBLIC RECORDS All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council City of Santa Ana Page 1 12/7/2021 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CITY OF SANTA ANA DOG PARK RFP NO.21-119 INTRODUCTION/BACKGROUND Centennial Regional Park is a 69.5-acre park located in the western edge of the City of Santa Ana along the Santa Ana River. The park contains both passive and active recreation opportunities which run along the Santa Ana River and includes acres of hiking exercise trails, a skate park, the Dan Young Soccer Complex, and the Reservations Administration Office. At the southwest end of Centennial Regional Park is a dated large barren area, approximately 3.51 acres adjacent to Castor Street and Santa Ana River that is in need of repair and revitalization to serve both the people and dog community with the City's first Dog Park. Public access to this area is from Castor Street on the South, the Santa Ana River from the West, and from Centennial Regional Park on the north. The "City of Santa Ana Dog Park" (the "Project") can potentially include the rehabilitation of the existing City owned road to the south of the lot that sits between industrial buildings connecting to Castor Street. This can possibly be a means to provide public access to visitors who would like to enter directly into the dog park. If the main entrance would come from Caster Street, a parking lot within the park can be constructed. Alternatively, the main access can be from Centennial Park, utilizing the existing parking lot as well as the parking structure that jointly serves the neighboring Godinez Fundamental High School. The Project will include two separate off leash spaces for small dogs and large dogs to roam free. Picnic tables will be constructed throughout the site along with shade components. Other improvements may include children's playground, security lighting, drinking fountains with pet bowls, waste bag dispensers, irrigation, dog play/agility features, and drought tolerant planting. New restroom can be part of the improvements to park patrons. The designated area for the proposed park, is between the existing Dan Young Soccer Complex (to the north), Castor Street (to the south), Santa Ana River to the west and the Reservations Administration Office on the east. An exhibit showing the proposed park area is included in this Request for Proposals as part of this Attachment 1. Consultant shall consider several components for the park, including but not limited to the following: Park Signage Two separate off leash spaces for small dogs and large dogs Different access routes and parking City Council City of Santa Ana F�F7P212119 12/7/2021 Page Al-1 • Park Roadway improvements at Castor Street, including gate, bollards and entrance signage • Walkways • Pet Proof Fence and Gate which include dog park entry corals • Agility Course Features • Small Auditorium in Large Dog space meant to view dog shows • Dog Training Area • Optimal Surface Material for dog parks and children's playgrounds • Children's Play Area with Playground Equipment • Restrooms • California Native landscaping, including trees • Site Lighting • Site Amenities, including waste bag dispensers, trash cans, drinking fountains with pet bowls, interpretive signage, information board, benches, shade features, picnic tables, bike racks • Drainage which utilizes "Low Impact Development" concepts with goal for full site infiltration. • Storm Water Mitigation The improved area is to be utilized Citywide by dog owners, and families with children and by various programs conducted by the Santa Ana Parks, Recreation and Community Service staff. Consultant Responsibilities: The Consultant's responsibilities include the following, and shall consist of the following project tasks: Consultant is responsible for providing all concept design as required for all components within the project scope of work. Consultant will also be responsible for facilitating up to six (6) meetings with City Staff and up to four (4) public outreach meetings to obtain input and finalize concept plan. Consultant should provide knowledge and share feedback on ideal dog park designs. Consultant shall provide review sets in .pdf format Phase 1: Overall Layout Concept Preliminary overall layout concept phase shall include Kick-off meeting with City Staff to discuss scope of work, project goals and objectives, potential elements and issues and schedule. Pre -Final Concept plan will also include up to three (3) meetings with City Staff (facilitated by consultant) to obtain input and finalize layout concept plan in order to proceed to Phase 2. Consultant shall assist in attaining community feedback, which may include up to two (2) community meetings. ➢ Overall layout concept shall include logistical elements such as considering different public entry points, potential parking, and general park organization. City Council City of Santa Ana W212819 12/7/2021 Page Al-2 ➢ Community outreach to obtain input from residents on their ideal dog park, including up to two (2) community meetings. ➢ Deliverables shall include up to three (3) rendered concept plans with Rough Order of Magnitude (ROM) cost estimates, which incorporate City Staff input, Community input and provide basis for discussion at meetings. ➢ Phase 1 concept plan must be completed by February 15, 2022 ➢ Concept shall be approved by City Staff Phase 2: Finalize Concept Plan with Dog Park Features Design development will involve the schematic development of concept plans based upon the approved conceptual layout design plan in Phase 1. This includes draft "opinion of estimated cost'. Pre -Design plan will include up to three (3) meetings with City Staff (facilitated by consultant) to obtain input and finalize concept plan. Consultant shall assist in attaining community feedback, which may include up to two (2) community meetings ➢ Finalized concept will include detailed dog park features such as items listed above. ➢ Community outreach to obtain input from residents on their ideal dog park, including up to two (2) community meetings. ➢ Deliverables shall include up to three (3) rendered concept plans, which incorporate City Staff input, Community input and provide basis for discussion at meetings. ➢ Final Concept shall be approved by City Staff ➢ Deliverables shall include Phase 1 and Phase 2 Concept Plans and a finalized "Opinion of Probable Cost". ➢ 70% of Phase 2 Concept plans must be completed by March 15, 2022 Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized concept plans, materials, systems, details of construction, and known or anticipated changes in the bidding market relative to the project. Should project scope exceed available budget, project plans/specifications will be phased as appropriate. Fee Proposal: In addition to Section IV.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be itemized per subtask but structured to correspond to the above mentioned tasks as follows: Task 1: Overall Layout Concept - Three (3) Architectural rendering 2D Color (concept site plan) Task 2: Finalize Concept with Dog Park Features - Three (3) Architectural rendering 2D Color (concept site plan) - Architectural rendering 3D — Color (site plan, isometric) - Architectural rendering 3D — Color (pedestrian view) - 3D Animation of project area Total Fee: City Council City of Santa Ana W212019 12/7/2021 Page Al-3 Option 1: Additional Community Meetings (each) Option 2: Additional Concept Plans (each) Additional Fee Option 1: Additional Fee Option 2: Fee schedule for each task shall be broken up into subtasks and shall include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: • Providing copies of available plans and existing documentation on file. • Acting as a liaison with the appropriate decision making bodies, as necessary. • Process plans for governmental agency approvals having jurisdiction over the project. City Council City of Santa Ana W213019 12/7/2021 Page Al-4 Appendix ATTACHMENT 2 STANDARD AGREEMENT THIS AGREEMENT is made and entered into this day of , 2021 by and between ("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 City desires to retain a consultant having special skill and knowledge in the field of: City of Santa Ana Dog Park full concept design B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $ during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of CiCouncil 27 — 31 12/VQ021)f 10 Non -Fed unding (6.1.2020) proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a with the option for the City to grant up to a renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all CiCouncil 27 - 32 12/VQ021)f 10 Non -Fed unding (6.1.2020) Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. CiCouncil 27 — 33 12/VQ021Pf 10 Non -Fed unding (6.1.2020) iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS CiCouncil 27 — 34 12/V#2021Pf to Non -Fed unding (6.1.2020) Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT CiCouncil 27 — 35 12/VQ021)f 10 Non -Fed unding (6.1.2020) This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE CiCouncil 27 — 36 12/VQ®P1)f 10 Non -Fed unding (6.1.2020) This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 CiCouncil 27 - 37 12/VQ021Pf 10 Non -Fed unding (6.1.2020) To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: John Funk Sr. Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: (name) (title) CiCouncil 27 — 38 12/VQ021)f 10 Non -Fed unding (6.1.2020) Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal Citv Council 27 — 39 12/7/2021 City of Santa Ana RFP Page A3-1 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subj ect to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date Citv Council 27 — 40 12/7/2021 City of Santa Ana RFP Page A3-2 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted Citv Council 27 — 41 12/7/2021 City of Santa Ana RFP Page A3-3 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: Citv Council 27 — 42 12/7/2021 City of Santa Ana RFP Page A3-4 Appendix ATTACHMENT 4 PROJECT EXHIBIT 0 0 --city-Council — ---27---A3— ------12L7L2021— City of Santa Ana RFP 21-119 Page A4-1 EXHIBIT B City Council 27 — 44 12/7/YG2q 12 of 13 PROPOSAL To Provide Professional Landscape Architectural Design Services for C ��� 111111F Y 0 F S A N 111111FA A N A DOG PARK AT CENTENNIAL PARK OCTOBER 20, 2021 ................................................................... .. .. .... ., C Council 4� cr Designing '�)astapes that create commUNLy KWII�E",da � I ..................Aaaaaa........................sasAaa........................aaa. October 21, 2021 Sean Thomas Public Works Agency; M-36 City of Santa Ana 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 0 0"„ l�,ll�,� II II ;��,Uk�llll III Pll�� �r,�llII��,UI' l�,ll ��� � 111 �`� ,l��ll'll��:l�,ll ����Il will fi 11 ..�'� If �IJ ;U'�II III :`��I �l J, II IIG II II III II'��'�0G ff c�II..GI Dear Mr. Thomas, SantaAna's first dog parkwill provide a much needed facility for your community. A review of the council reports about a city dog park pointed to Centennial Park as the only city owned property that was fully appropriate for this type of facility. These background reports also noted that this vacant property, set aside for a fire training site, had access and visibility challenges. David Volz Design has provided concept development services for dozens of municipal dog parks. Our team believes that a dog park at the south west corner of Centennial Park will be a great success. The well experienced DVD team will work with your civic leaders to decide the best alternatives for the programming, access, parking, visibility, and project cost. Our community outreach process will ask the public and stakeholders to participate in active and open discussions about site layout, amenities, and all aspects of the dog park development and program. The final concepts and alternatives will include colored renderings, design descriptions, and order -of -magnitude costs for the city's consideration. DVD has an extensive resume of recent and ongoing municipal dog park development projects. As you review our portfolio of projects please consider DVD's creative and detailed approach to design, our unique and comprehensive public outreach program, and our knowledge and experience in the design of special dog parks. The whole DVD team looks forward to again working with your city on another important community park development.. Should you have any questions about this proposal or if I can assist in anyway, please do not hesitate to call my direct line 714-251-1128. David Volz Design Landscape Architects, Inc. has read, understood and agreed to all statements in the request for proposal and acknowledge receipt of all addenda and amendments as well as to the terms, conditions, and attachments referenced. Very truly yours, DESIGN David J. Volz, R.L.A. # 2375 LEED Accredited Professional, QSD/QSP fNIIS1111GIWI,IIIYI, ill.,AINI,lf':NS CAIF:IC:S I"Ih°h�61'"T ("a1 ",aI,M, 0ff1�.a�r Clcachexll:lValle officer San Joffe o(hicex .PAC! ° f W "] I lion,I.,ii1 but ,IS / uSn II, L,t°lu i 1 ';I11, �I YW,,1!�� 2Y11 /I1,�.1I I 1i0 /6i� till Ir r,n 111.O1ri1 gyp,°; III FIM & T �El' A M �El' X F"I �El' F't III �El' 14 C Ell' FIRM PROFILE i,1,1,111 Ga 1 11 III SII GI,III1G Demonstration gardens, mitigation + restoration Nature parks, interpretive gardens + wilderness camps David Volz Design (DVD) is committed to the Streetscape development + redevelopment creative design of outstanding public spaces. We Community, neighborhood + mini -parks develop landscapes, parks, sports fields and I�� Jy��i %jam,, Facility master plans +feasibility studies �� �� �/// School fields + campus planning streetscapes to meet the specific needs �� Irrigation renovation + redesign of i DVD d i ther communities. esgns �'��'! + � � // � ,, Design guidelines standards special environments for those who���/ �,�,, Sports parks + stadiums seek recreation in a beautiful setting- ���� g �/� >; ,!, � � ' `' ' Grant applications wonderful natural environments for %%%"'�' � p "IDVD continues to build 101 those who are simply looking for fllii iits �reputatlon on cireadiviity respite, and for those who pursue �% � � and service in the design recreation and competitive athletic ya, of outstanding public spaces. " highendeavors on the playing field. quality public spaces for Our firm capitalizes on what the g y I� p "., site and nature has to offer. For ouir clliients' coirnirnuniifies all of our commissions we work to and irneiiglhlboirlhoods. We work wiith public agencies enhance the site's use, working withinand the people they seirve to environmentally sound parameters while �� develop iinnovative landscapes taking full advantage of the site and Its ' a du � �' of outstanding Ibeauty." surroundings to best service the community's needs. David Volz, President, RLA, LEED AP, QSDVQSP Ever mindful of our role as stewards of the land, DVD's design philosophy includes careful consideration for realistic maintenance requirements and construction cost parameters. We also embrace any opportunity to interact with the public to create environments that meet their needs. DVD's proven outreach approach has often been the catalyst for our most successful projects. Our proven approach and input we receive provides the inspiration that leads to creative and innovative solutions. Our company understands the importance of protecting the environment, protecting our resources and the health of future generations 'I ; ! )rod to , '!'ir;,i a a Qualifir;' 'ir�,ia'rrPrl;r ig!w�er sii I1)d,!w°ryWe understand the commitment we have to the public to deliver quality projects that offer a high return for the public funds invested; projects that can be maintained and deliver a lifetime of service to aAaaAaaAaaAaaAaaAaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa I' A 1SCAII�II�IG n A II'� � C C S II "DJ, C. a Designing landscapes that create co nirnu.uirniity www.dvolzdesign.com Founded in 1997 24 years in business S-Co rpo ratio n-CA Never filed for bankruptcy Wholly owned business Contact Person: David Volz, President 714.641.1300 dvolz@dvolzdesign.com Corporate Office 151 Kalmus Drive, Suite M8 Costa Mesa, CA 92626 714.641.1300 8 employees David Volz, RLA#2375 Gary Vasquez, RLA#3883 Eric Sterling, RLA#5463 LEED Accredited/SBE Coachella Valley Office 78060 Calle Estado La Quinta, CA 92253 760.580.5165 San Jose Office 111 North Market Street, Suite 300 San Jose, CA 95113 669.444.0461 the communities they are built for. Like us on Facebook! Follow us on Instragram Parks and greenspaces designed by our firm have @davidvolzdesign received awards and accolades from community ........................................................... n roMRH n a i�90� �'I�I groups, civic organizations, the American Public Works ��r,��r��s� Association, the California Parks &Recreation Society, ;, ffbuRk�f ,ot tY and the National Recreation & Park's Society.°'�y. g `' �IIII��O�v �IIII Ity ^� ouncii „„� I'll °I �I A A �°�I A y 1°1 ']I y17 11: i �� y� gyp,°:; III FIM & T lEl' A M lEl' X F"I lEl' F't� III lEl' hl, C lEl' ............................................. City of Santa Ana Centennial Dog Park ...........................................: a...........................................a David Volz RLA #2375, LEED AP, QSD/P Principal in charge Gary Vasquez RLA #3883 Director of design Eric Sterling RLA #5463 Senior Landscape Architect/ Day-to-day contact Paul Cassar Project Designer Duane Tut Project Designer Luis Pedraza Project Designer Angela Lee CAD Technician Dana Bull CAD Technician ...........................................: ORGANIZATIONAL CHART Our creative designers have the background and expertise to deliver outstanding landscape architecture services for your city's project. For this work, we have assembled a highly qualified team of landscape architects and specialized design consultants. The team will deliver: C[R,"f 1111f11"Y' We will provide you with unique and innovative solutions which will meet and exceed the expectations of the city. The project designs we put forward will creatively address the sites' development requirements, sustainability, the unique relationship to the nearby neighbors, program priorities, accessibility and recreation balance. (. ) IVI IVIU, il'e, z:Tlt.el 4 DVD will continually keep you and your staff informed from the start and throughout all the projects' phases. Communication will be consistent and clearwith all parties through completion of project. �I rl I�IImml i�a Im DVD will provide a design team that has a history of working successfully with cities as an extension of Staff and providing project design and coordination in the development of dozens of award winning projects. li !I 1 � 4 '(ou� c ) J 1" DVD is ready to take on your projects and bring them to successful completion. DVD is focused on delivering outstanding public facilities to communities throughout California. Our team is dedicated to the success of your projects! David Volz Design looks forward to a long relationship with your city. We are committed to delivering high quality services, designs, reports, documents, and support to the city. The DVD key team members are experienced and talented professionals and they will be supported by a team of licensed landscape architects, several very capable designers, sub consultants, and support staff. 0��'"� °����� �� �� q:� i a i a� ^„ �� Y 0 i `� A� 1v,� !� A �„ � ���I�IIIIIIIII��� II�IIIIIIIIIU� Ft II:;I S ll(Ji IIt DAVID VOLZ, RLA PRINCIPAL -IN -CHARGE He has an excellent reputation for facilitating community outreach programs for park design through the public input process. The public workshop process for park design is a concept that he always encourages. The opportunity to get first hand insights from users, neighbors, and the public in general is always beneficial in the design of public projects. Several of Mr. Volz's most successful park projects have benefited from the ideas and energy that were put forth at public input sessions. Public landscape, streetscape and park project experience is Mr. Volz's design focus. Serving in various capacities from principal -in -charge to designer, he has overseen scores of award -winning projects for cities, school districts and public agencies throughout California. GII �V • BS, Landscape Architecture, 1981 California State Polytechnic University, Pomona • Graduate Studies, Computer Applications for Landscape Architecture, 1981, California State Polytechnic University, Pomona • Landscape Architect, California #2375, 1983 • Landscape Architect, Nevada #499, 1996 • LEED Certified, 2008 • Qualified Stormwater Professional, QSD/QSP, 2015 aaaaAaaaaAaaaaAaaaaAaaaaAaaaaAaaaaaaaaaaaaaAaaaa 0 Principal in charge, worked with the client to determine goals, presented on multiple occasions a to the community and counciY commission, and served as quality control of other professionals responsible for delivering concept plans and construction documents. C II I ?"II II 0 ]l II `CII X II 1 II C VIEIRDUGC INCIRTH PARK a IIASTIEIR IPILA IN Client: City of Glendale The intent is to provide a safe and fun and all-inclusive play space ® along with new park buildings, a parking lot and community facilities, and other new improvements at this important and well -used park. a Client Contact: Peter Vierheilig, a Project Manager, (818) 937-8263 PVierheilig@glendaleca.gov WAS H II IN G TC IN IB ILV ID & 11-5 C IN IRA IIA IP Client: City of Commerce The City desires to install aesthetic a improvements at the 1-5 / Washington Boulevard interchange, primarily consisting of landscaping, bridge painting, and a monument sign. a Client Contact: Maryam Babaki, Director Public Works, (323) 722-4805 x4805, mbabaki@ci.commerce. ca. us HCILILYDAILIE COMMUNITY PARK Client: City of South Gate This park will be fully refurbished a with new open play fields, community center, play spaces, picnic grounds and ball courts to provide a wonderful greenspace and needed recreational opportunities for the neighborhood. Client Contact: Steve Costley, Interim Director of Parks and a Recreation, (323) 563-5494, a scostely@sogate.org i",,ll "; /r," nII (I'll, January 1997 - present:aaaaAaaaaAaaaaAaa ............................... �IIIIIIIIIUu 15Y IIIIIIIIIIpity Council i']I A ?71"7,�� 0 C, 111,A llal K, ('I I y1l?? 7129� ?.1°",V] A A 1""I A. II°°% II':;I S l(Ji Irt I GARY VASQU EZ, RLA DIRECTOR OF DESIGN Provides senior design leadership as a result of 24 years of experience designing multi -faceted projects throughout California. His design abilities have proven to be not only innovative and unique, but award -winning. He will work under the direction of David Volz providing creative design solutions to the challenges and opportunities that arise. Mr. Vasquez has provided high quality project management on many of our firms' most successful and highly acclaimed park projects. Mr. Vasquez is a key figure in our community outreach program. He successfully integrates the ideas generated through the public input process to create the master plan. This dedication to ensuring the community's input has led to extremely successful projects. He has extensive experience in the development process from inception through master plan development, construction document preparation, contract administration, and on -site inspection. He ensures adherence to established project budgets, schedules and cost agreements. His expertise in concept development graphic illustration techniques and project planning. His broad knowledge of construction detailing, planting design and irrigation equipment anchor his approach to high quality project delivery. • MLA, Landscape Architecture, 1989 California State Polytechnic University, Pomona • BS, Ornamental Horticulture, 1986 California State Polytechnic University, San Luis Obispo Il:G 11"„ ff II ff IoI',), Landscape Architect, California, #3883, 1992 (10llllPllll" Il�llillll I),.ffs Design of the Year Award, APA 2010 «;;; II' II IL.....IL..... AutoCAD, Adobe Photoshop, Microsoft Office °� 0 Director of Design, worked extensively on the development process from inception through master plan development, construction document preparation, contract administration, and on -site inspection. He managed the project to ensure adherence to established project budgets, and schedules. III�I I I�I�I I ICI Itl�IlgAltll�lll Iql STAINTCIN CIITY HALL Client: City of Stanton DVD was commissioned to update the look of the plaza and City Hall building facade to create a more welcoming area with covered entryways, new pavement and a reconsidered landscape. Client Contact: Jim Box, City Manager (714) 379-9222 x277, jbox@ ci.stanton.ca.us IDIIAII CINID IBAIR IBCUILIEVAI ID G IRA IN ID AVIE IN U IE STIIEIETSCAIPIE Client: City of Diamond Bar Cut steel panels, big timber rails, detailed crosswalks and sidewalks, a and a foothill landscape design give great character to the main thoroughfare and hearken back to the ranchland history. Client Contact/Title: David Liu, Director of Public Works, (909) 839- 7040, dliu@diamondbarca.gov a IF IIE III C IN T IPA II a Client: City of Glendale a The park's ambiance and the many gathering spaces within the park ® will be enhanced by new synthetic turf soccer fields, community center, play spaces, picnic grounds, ball courts, and new lighting. Client Contact: Shahen Begoumian, (818) 548-2000, Sbegoumian@ci.glendale.ca.us :aaaAaaaAaaaaaaAaa.............................: A 1\l 11 A APit 99�49 � Ill a 11 „ 0y A ^ ° ,I 11 A ^. A ?7 - 50 12171202 �I�IIIIIIIIIUu 00\�� II�IIIIIIIIIUm R S l(Ji art ERIC STERLING,C�� aala a �� �� �� r 0 �� �� � C �� �� �X�� 1 �� ����� r �� �� � J CRLASENIOR LANDSCAPE THE RIO ALL -SUITES RESORT AND CASINO, Las Vegas, Nevada ARCHITECT IL Mr. Sterling is returning to DVDConsulting WALT DISNEY IMAGINEERING from a 9-year absence to explore LA to WDI for the Avenger s projects. He has 25 years of Campus located in Disney Californiaworldly experience in landscape architecture working on projects Adventure Park in Anaheim, CA. Consulting LA to EuroDisneyland for public agencies. His design expertise ranges from a Imagineering for the Walt Disney Studios recreational parks to streetscapes, school sites, as well Park Expansion Project located in as city design guidelines, various Disney parks, including a France. many award -winning projects. A benefit to Mr. Sterling's a Assisted the WDI design team on two design ability is his attention to detail and his knowledge a construction packages inside Shanghai of playground design, the latest construction practices and a Disneyland totaling over 23 Hectares of materials, ADA accessibility concerns. He is a key figure at : original thematic design. DVD in coordinating design development plans and carrying a Consulting LA assisted in the preparation them through construction drawings. He is known for his a of seven construction packages for ability to collaborate with a variety of clients, architects, Disney's Animal Kingdom in Orlando engineers and designers and to successfully manage Florida. projects from beginning to end. He ensures adherence A to established project schedules and cost agreements, a DREAMWORLD Fushun, China and monitors production for delivery of the highest quality a Assisted in the architectural and thematic products to clients. He cooperates well with staff, clients, direction for s-hectare expansion of the Bali and agencies to create successful products and works a World water park including an integrated closely with contractors during construction. He is typically a hotel encompassing a large wave pool. responsible for plan checking to ensure the successful II r IIII 0 S II II � II 1 II°�r 0 Ja C II `, completion and delivery of projects. ,! ��-0IIII� Senior Landscape Architect, responsible for HARRY DOTSON PARK analyzing data from our community input charrette process Client: City of Stanton to help form a common goal of what the community desires, a The most prominent feature of the park is worked extensively on the development process from a a massive two-story pirate ship, fully ADA inception through master plan development, prepares a accessible by ramp, with thirty-five feet high a landscape architectural plans, specifications, and cost sails that dominates the skyline of the park. a estimates on a multitude of projects, plan checking to ensure a ADMIRAL KIDD PARK consistent update of plan details from client requests. a Client: City of Long Beach This 11.5 acre park, named after Naval [II �iIJ ff II��,UI Rear Admiral Isaac C. Kidd, was renovated BS, Landscape Architecture, 2001, California State a and expanded. Polytechnic University, Pomona a WASHINGTON STREET MINI PARK G noI,J,�� Landscape Architect, California, #5463 a Client: City of Diamond Bar The perimeter garden is a bio-swale ® a S A in disguise, state-of-the-art irrigation Adobe Creative Suite, Sketch up, AutoCAD, Microsoft a system for low-water use, the plantings Office a are regionally appropriate & construction a material was locally sourced. a n yIl.i,11 `� 'J II ni 2005-2012 & March 2021 - present aaaaaaaaaaaaaaaaaaaaaaaaaaaaaa......................... itCounci„� 1 12 �llllllllli�0� II�IIIIIIII Y 1 ui ]I 17ll1: y i�a �' � � i^ul 11 AA 1 ul A II°°% II':; S II(JU Irt LUIS PEDRAZA PROJECT DESIGNER Has more than 8 years of experience in graphic design, working on projects for agencies and design companies ranging from print advertisement to landscape design. For his master thesis project Luis worked collaboratively with the Conservation Corp of Long Beach, Rivers and Mountains Conservancy to address park poverty issues in communities in West and North Long Beach. The work included inventory and analysis, extensive community outreach included canvassing and facilitating community workshops and meetings, leading and coordinating a community built project, developing a neighborhood vision plan, and creating conceptual plans for a variety of different projects including a park, plaza and commercial area. He has expertise in concept development graphic illustration techniques and project planning. He has experience in managing and directing professional staff in a dynamic atmosphere and excellent communication skills. His ability to analyze project objectives and work closely with clients, architects, and engineers provides a solid foundation for reaching the successful completion of projects. He holds excellent communication skills and visual perception which result in projects that convey a vision from both the client and his innovative stylings. VJ • MLA. Landscape Architecture, California State Polytechnic University, Pomona, 2017 • Certificate in Ornamental Horticulture, 2011, Orange Coast College, Costa Mesa, Ca • BA, Graphic Design, 2009, California State University, Fullerton, Ca (11 0lJillllll"III IIlllll ),: ffs • Student Merit Award ASLA, SoCal Chapter, 2017 • "Quality of Life", Merit Award ASLA, SoCal Chapter, 2016 • Annual Southern California Spring Garden Show, 2015 • Annual Southern California Spring Garden Show, 2014 «;;; II' II IL.....IL..... Adobe Creative Suite, Sketch up, AutoCAD, Bilingual - Spanish/English, HTML, CSS, Microsoft Office Yll:r"�,II' `� '"'+III"ff II Ii YvSeptember 2013 - present aaaaaAaaaaaAaaaaaAaaaaaAaaaaaAaaaaaAaaaaaAaaaaaAaaa JProject Designer, responsible for analyzing data from our community a input charrette process to help form a a common goal of what the community a desires, prepares landscape architectural plans, specifications, and cost estimates on a multitude of projects, plan checking to ensure consistent update of plan details from client requests. C 0JII`CII"II`X CII�I' VALLEY VIIIEW II IEDIIANS Client: City of Cypress The lawn and aging irrigation system: along this important thoroughfare will: be redesigned. David Volz Design will: prepare the plans for a bold and exciting: streetscape with a water saving plant palette and a low maintenance irrigation: system. Client Contact: Nick Mangkalakiri, Senior Civil Engineer, (714) 754-5291, nmangkal@cypressca.gov CIRCLE PARK Client: City of South Gate This park will be fully refurbished a with new open play fields, community a center, play spaces, picnic grounds a and ball courts to provide a wonderful greenspace and needed recreational opportunities for the neighborhood. Client Contact: Steve Costley, Interim Director of Parks and Recreation, (323) 563-5494, scostely@sogate.org ® STANTON CITY HALL ® Client: City of Stanton DVD was commissioned to update the look of the plaza and City Hall building facade to create a more welcoming area with covered entryways, new pavement and a reconsidered landscape. Client Contact: Jim Box, City Manager (714) 379-9222 x277, jbox@ci.stanton. ca.us :aaaaaAaaaaaAaaaaaAaaaa............................ ��� t 9 I - 52 12 71202 �I�Illlllllli�� 0�'" II�IIIII�IIIIU� l(Ji 14 Ft IS 1"A 14 14 G 0 gyp,°; 14 �El' �El' UNDERSTANDING & APPROACH The Santa Ana community needs a dog park. The Centennial site, "the old fire training facility site", was deemed the only currently available place to construct a canine oriented recreational space. This site has access and viability challenges. The DVD team is ready to address all the park development opportunities and to create a great destination facility for canines and their caregivers. The three plus acre site will accommodate the program outlined in the RFR Large and docile off leash dog compounds, a training space, an amphitheater for dog shows, and restrooms and play lot as support amenities. The site planning and access will be undertaken with a robust community engagement process so that the final concept plans meet the expectations of the residents and stakeholders. David Volz Design has extensive park planning experience. We have designed dozens of canine facilities that have received praised and accolades for creative, practical, and fun public spaces. Our well experienced design team will work with city staff to develop initial design scenarios for this new city park. We will work through the access challenges and review with public work staff, what is possible and practical. All feasible opportunities will be put forward to your city leaders and stakeholders to summarize the best access routing and arrival sequence for "normal" use and for special event activities. The dog park proper will be designed around the access routing and the parking accommodations options. The DVD team has provided creative and innovative layouts for dozens of dog park projects. Arrival points, parking to entry, controlled double gate access, separation of docile dogs from large canines, and special amenities will all be considered. Our design team has planned parks for dog training space and we have design several amphitheaters and show spaces. We are especially interested in integrating a special children's play space with the offerings of the dog oriented land within Centennial Park. Once we have arrived at workable initial concept plans our experienced park planning team will lead a community engagement process where we will look to your residents and stakeholders for provide guidance on alternative selection, amenities design and the overall function and layout of the park. Once we have sufficient direction and feedback from the public, final concept plans will be prepared. A graphics package, including 3D colored renderings with �lllll�llllii� 0�'" II�IIIII�IIII itY �„ oun111e �S �.�„°�„ 1° ��L�� T �a �a��� °°C . l(Jl 14 �El' R STA 14 14 G 0 F 14 �El' �El' animation, will be prepared for presentation to your civic leaders. This final package will include a letter report explaining the design elements and a budget estimate for construction. The David Volz Design team has lead similar park design processes for municipal parks in hundreds of Southern California communities. This work will be similar to our commission at your Santiago Park, Gas House area and the six splash pad parks we are currently under designing across your town. We have considerable knowledge of your unique city, our team treasures our past work with your staff and we look forward to working with you on this exciting new facility at Centennial Park. roaAaaaaasAaaasAaaasAaaaaasAaaasAaaasAaaaaasAaaasAaaaaaaAaaaaAaaaaAaaaaaaAaaaaAaaaa lC 1. Vehicular access, parking, and wayfinding a 2. Pedestrian access routing and wayfinding 3. Park signage a 4. Separate off lease spaces for docile dogs and large dogs a 5. Park roadway access improvements, gates, bollards, a entry signs a 6. Pet proof fences and gates including entry corals 7. Agility course features 8. Small auditorium for dog shows 9. Dog training space 10. Surface material for dogs, pedestrians, children's play a space 11. Children's play area with playground equipment, maybe a themed? 12. California native landscaping, including trees 13. Site lighting 14. Dog and park patron amenities: • Waste bag dispensers • Trash cans • Drinking fountains with pet bowl • Interpretative signage • Information board/kiosk • Benches and picnic tables • Shade features • Bike racks 15. Drainage with full site infiltration, "Low Impact Design" 16. ro.Aaaaaa.Aaaa.Aaaa.Aaaaaa.Aaaa.Aaaa.Aaaaaa.Aaaa.Aaaaaa Stormwater mitigation ........................... �� °���� �� �� q:� � a a� ^„ �� Y 0 F `� A� 1v,�] A „„ A 1I1IIIIIII 1105�Y II�IIIIIIIIIU� l(Jl 14 �I':;I Ft STA 14 14 G 0 gyp,°; 14 �El' �El' PROJECT SITE & PROGRAM REVIEW Centennial Park has a great array of recreational offerings for the Santa Ana Community. Construction of the city's first dog park at this regional facility will be a great addition to the long list of recreational offerings at this park. Based upon previous city findings the site, the old "fire training facility" land, is currently the best available site for a dog park in the city. Upon review of the three and half acre vacant lot the DVD design team has a few takeaways and initial ideas about this land and the proposed dog park program: The 3.5 acre site is larger than most municipal dog parks. The initial development program should be easily accommodated on this site, including some parking and the children's play space. 2. The existing park's reservation center blocks easy access to the site from the park proper (eastern edge of the site). If access to/ from the main Centennial Park lands is wanted access across the reservation center parking area or pedestrian access along the lake should be considered. 3. The existing park parking lot and the joint -use parking structure to the east of the site would offer extended parking opportunities for events and times of high use. Access routing to the dog park gates and consideration for mobility challenged dog owners must be considered. 4. The Castor Street access road is feasible and practical solution. Getting to the access road is somewhat of a circuitous route, however repeat park users will be able to navigate the zig zag route. This access would allow for a dedicated and protected parking lot. Dogs coming and going from the new dog park would not need to interact with Centennial Park patrons that are undertaking other recreational opportunities in the park. 5. The concept planning will focus on access and planning of this vacant lot. Parking, a central gathering space, playlot and gateways to the dedicated dog areas can be modeled and the best layouts presented to the public and stakeholders for review and comment. 6. Though there would be challenges, an optional access to the SantaAna River Trail would provide walk and bike to connections to a wide audience. And provide an opportunity to take extended dog walks utilizing the existing trail corridor. �lllll�llll�i� 05�'"� II�IIIII�IIII ify �� ounc"'I ���� L��.�� �„1°T : �„ y �����a „„ ���° ��� � . °��I�� . l(Jl 14 �I':; �El' �N°�% S w��,���� 14 �f � mw a �N; �f � �I':;I �I':;I 7. Though shade trees will undoubtedly be a part of the design, shade structures should be considered for this exposed site. Shade over the play lot should be required. 8. Stormwater management should be contained on site. DVD's team has included stormwater facilities on a number of dog park layouts, we look forward to sharing our experience and the opportunities we see for this Centennial Park site. 9. A small auditorium and dog training area will be a great compliment to the proposed facility. DVD has designed dedicated training areas for dogs at several municipal parks. The dog show auditorium space will be an interesting and novel installation within the overall design. 10. Site lighting for use and security will be considered across the whole site. Evening use would be a great opportunity for some exercise in the winter months. 11. A site -wide and access signage program will b e a must for this somewhat remote and hidden site. DVD will provide graphic icons that will make these signs attractive and meaningful. 12. Amenities for both two legged visitors and their four -legged friends will be vetted though community and stakeholder outreach. Restrooms, benches, tables, drinking fountains, playlot, agility apparatus, the amphitheater, etc. will be incorporate into the design. 13. A children's playlot would be a great offering for families that come to use the dog park. How about a fido themed play space with agility components that mimic the dog park elements? 14. There are some "outside -the -box" opportunities that the DVD team could considered if the city staff is open to a broader project scope, how about: a. Providing access to the dog park site from the gate to the reservation center or through the materials yard then west to the designated site. b. What if the turf/dirt soccer field adjacent to the lake was swapped with the dog park site, this may be an interesting alternative to explore? c. Could the soccer restroom be used by the dog park contingent to save on improvement costs? d. Could the materials yard be swapped for the designated site? The dog park would be closer to already available parking. e. Could the amphitheater and maybe a stage area be used for special events besides dog shows, how about dog themed movie night? Dog parades on Halloween or other holidays? °�,,I�� �� :� a a� ^„ �� �� �� `� � °�� �� ' ��I�IIIIIIIII1115 II�IIIIIIIIIU� I l(Ji 14 R S IA 14 14 G 0 F 14 �El' �El' SUSTAI NABI LITY David Volz Design is committed to delivering public landscapes that are sustainable and beautiful. We embrace the principles of design that encourage stewardship of our resources, respect for the environment and creative sustainable practices. Through our affiliation with LEED's, we identify and quantify the sustainability of our designs. From our parks, all accessible playgrounds, streetscapes and sport fields to our historic gardens, DVD delivers outstanding, sustainable, award winning projects. A beautiful and sustainable landscape starts with a clear understanding of the client's requirements, the site and environs and a creative approach to the design process. Water efficiencies, energy use reductions, waste reduction, recycled content and localized material's sourcing can all be quantified and are an integral part of our design. David Volz Design is dedicated to the opportunity and challenge of creating unique spaces and special places that draw inspiration from the environs and the community. Our team is detail oriented and our focus is on delivering outstanding public landscapes that meet and exceed the expectations of our clients. David Volz Design believes the very definition of sustainability speaks of environments that are well used and enjoyed, and maintainable over time. We at DVD believe that the ultimate measure of sustainability of any public space has to be high use and enjoyment over the long term. Resource conservation through the use and specification of recycled and reused materials and identification of locally sourced goods are important sustainability issues. Adaptive reuse of on -site materials, carefully balanced grading operations and protection of on -site resources are always considered in our designs. Water resources are conserved through our thoughtful low water use planting schemes, precise irrigation layout and control systems, as well as, stormwater capture, cleaning and reuse. For pollution prevention, best practices stormwater recycling plans are embraced and integral to our designs. On site water detention, bio filtration, permeable pavement, and many other measures are creatively incorporated into the landscapes we design. �IIIII�IIII���O�'"II�IIIII�IIIIitY„ounce ���� �� ��°°�� ��°��. 1°1 '1I 17, ll: 0 6 o i A i i_ � i 11:�� I l(Jl 14 �El' R STA 14 14 G 0 F 14 �El' �El' �4 NOW or ; CI ARK i'I Al" ��� WOODI IiY �i f{K r COMMUNITY OUTREACH For any community inspired design program, David Volz Design envisions a robust community engagement process. Our initial community meeting will be a participatory community brainstorming session focused on gathering ideas for developing a park master plan. Our preparation for this input will include site reviews and analysis of the plans and documents related to this park site. We will gather "seed" ideas from city staff and from our own site reviews. Our team will assist in the preparation of notices and graphics to get the word out - to invite the community to help design their park. We will begin the initial workshop with an on site tour of the park to clearly identify the setting. To foster the "brainstorming" session, our team will introduce "seed" ideas that will encourage thoughtful responses and open the discussion for brainstorming and continued idea generation. We will look to the community for ideas about possible improvements, including ideas for enhancement, family recreation and complimentary opportunities to develop the design of an outstanding park plan. The DVD team will take the ideas and inspirations received from the community at the initial design charrette meeting and refine the ideas and proposed elements into initial concept plans. These conceptual layouts will be presented to city staff in an idea consolidation meeting. The best ideas and themes will then be refined into conceptual plans for the community to consider. The second community workshop will be a bit more formal. The refined initial concept plans will be presented, and the ideas reviewed. We will look for agreement from the participants on the elements which will become a part of the draft master plan. Comments and input will be received to refine the park's vision and program and to obtain consensus for the improvement elements for the park. Following this vision consolidation meeting, a draft master plan and draft design report will be prepared. This plan will then be presented to the public and the Commission or Council for review and comment. Upon the city leader's direction a final master plan will be prepared. The Master Plan, which will be the focus of our planning efforts, will be the culmination of the community's ideas being honed into a final graphic representation of the best development strategy for this park. A report will also be prepared outlining the input process and describing the program and development elements. Also, a preliminary construction budget will be a part of this project report. The community workshops that DVD facilitates are the best medium for finding out what the citizenry desires. Allowing the community to stand in a place of ownership aids in a smooth planning process. In the long term, this ownership translates into projects that are sustained by the community. A 1`,I 11 A � �� �. ��� 9:� i a A i',. r � �. ^„ 11 Y 0 F `� A� 1v,I 11 A A �IIIII II�I��0��� II�IIIII II�IU� DOG PARK AT GARVEY PARK The DVD designed team worked closely with the city to develop a design for a dog park at Garvey Park. A seldom used area of the park next to existing tennis courts (and adjacent parking area) was selected as the prime location for a new dog park that dog lovers and owners will be able to bring their pups. The design includes a new large dog and small dog areas with main shaded gathering spaces. These gathering areas are uniquely designed for socializing of pups and owners alike with picnic tables, decomposed granite surfacing, trash receptacles, decorative rock accents and shade structures. Both dog areas also include secure entry points (double entry vestibules), large gates for maintenance access, unique dog agility equipment to provide a variety of activities, pet stations equipped with dog waste bag dispensers and trash receptacle, and large open areas where dogs can freely run and play. The design also includes a small common area with dog wash station and new accessible parking spaces from the existing parking lot. New paving is added where universal access is necessary while keeping impervious paving to a minimum. The design primarily uses decomposed granite and turf grass for most of the park. Flowering vines will be installed on the western edge of the park to screen the existing block wall and parking lot. The dog park will have a wide variety of dog agility equipment that will keep pups and their owners on their feet including tunnels, up and over platforms, hoops, and weaving posts. Care will be taken to select equipment that uses materials that are both sustainable and long lasting. IDOG PARK AT GARVEYPARK aaaaaaAaaaaaaaAaaaaaasAaaaaaaaAaaaaaaaAaa Client: City of Rosemead Reference: Tom Boecking Director of Parks & Recreation (626) 569-2161 TBoecking@cityofrosemead. org Key Elements: • Open lawn space • Dog agility & exercise equipment • Entry Monument • Dog wash station • Dog drinking station • All dogs area • Small dogs areas Services provided: • Concept Plan Size: 0.5 acre Start Date: Nov 2020 Completion Date: July 2021 Design Cost: $29,950 Construction Estimate: $640, 000 DVD Project Manger; Luis Pedraza Staff: David Volz, Gary Vasquez, Paul Cassar .aaaaaaAaaaa............aaaaaa............ �IIIII�IIII��� Off'" II�IIIII�IIII ity ounc"'I ���� S A 1v,I�] A ��„1°T�����„�y � If i��11A ia, K � i ��C° ���� � .�yI] A A A. F"' Pt oPI., C °lf PALM SPRINGS DOG PARK A complete renovation of the Palm Springs Dog Park on the City Hall Campus was a high priority project for the city. Many years ago, the facility was state of the art for its time. An artist designed fence enclosure surrounds two paddocks, one for large dogs, one for small. These spaces were popular with the dog loving community in the downtown area for two decades. The drought restrictions and deteriorating infrastructure led to a loss of turf ground cover and the facility became a dust bowl. A committee of community leaders, stakeholders and the Mayor worked with the public works department and the design team to plan a complete makeover of the facility. New ADA access and seating areas were added. New shade trees in rock and boulder protective islands were designed and new turf sod was placed over the newly upgraded irrigation system. Innovative and creative application of the water reduction mandates allowed for a large turf grass allotment within the dog park enclosure. By lowering water use on other areas of the city hall campus net water use was calculated to be reduced even with a sufficient supply for the new high -use turf. With approval of the water district, the project was able to move ahead. The park with new dog bone benches, doggie cooling stations, new paved walks and lots of shade is once again a destination for the Palm Springs dog loving community. aaasaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Client: City of Palm Springs Reference: Marcus Fuller, MPA, PE, PLS Assistant City Manager/City Engineer (760) 322-8380 Marcus.Fuller@ palmsprings-ca.gov Key Elements: • Natural Turf • Sustainable • Low maintenance • Themed amenitites • ADA accessible Services provided: • Community Outreach • Concept Plans • Construction Documents • Construction Period Services Size: Start Date: Completion Date: 2016 Design Cost: $43,762 Construction Cost: $360,000 Staff: David Volz, Gary Vasquez, Paul Cassar Subconsultants: Design West Engineering aaaaaaaaaaaa........................... °�,,I�� �� :� i a i a� ^„ �� �� �� i `� � °�� �� ' ��I�IIIIIIIII1115 II�IIIIIIIIIU� FETCH DOG PARK CONCEPT AT FLETCHER PARK The City of El Monte commissioned David Volz Design to develop plans for an off -leash dog park at Fletcher Park. The one and only half acre dedicated dog area became known at Fetch Park. Through a series of community outreach meetings, the vision, the size, and the access to the Fetch Park space was conceptualized into a full-fledged dog oasis. The Fetcher Park "normal" park facilities for humans would be updated and all major use areas would remain for the community. The end - of -the -parking -lot location became the entry point for Fetch Park. The dogs could be unloaded from their cars and easily access the small or large dog areas with little interaction with the ongoing sports activities and general park uses. The enclosed spaces, small and large dog areas, have separate double entry gates, some paved and decomposed granite areas and open natural turf. Agility apparatus and learning space for the dogs in both compounds are located just off the main running areas. As there are a number of trees, that remain in place, wood mulch was the preferred "background" floor material. For the two -legged users there are great accommodations with benches, shade, and picnic tables. Some nice features at the dog park area included wayfinding dog bone signs, upgraded fencing and an informational kiosk. This park concept has been embraced by the city leaders and is scheduled to be funded for construction next year. C kY n4��W�YP dr tlAiM twa tN'tr FE7CH PARK AT FLETCHER PARKFIF roaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Client: City of El Monte Reference: Alexandra Lopez Director for Parks, Recreation & Community Services (626) 580-2205 alopez@elmonteca.gov Key Elements: • Open lawn space • Dog agility equipment • Entry Monument • New play surfacing • New playground picnic area • All dogs area • Small dogs areas Services provided: • Concept Plan Size: 1.3 acres Start Date: July 2016 Completion Date: Nov 2016 Design Cost: $11,165 Construction Estimate: $1.2 million Staff: David Volz, Gary Vasquez, Paul Cassar roaaaaaaaaaaaa........................... A 10 ( �IIIII�IIII���O�'"Il�lllll�llllity� ounc"'I ���� A 1��°� ��°��. ,I ]I �7 ll:�'(,ifA � l l_ (l ]:�� � aaaasasAaaaaaaaaAaaaaaaaaAaAaaaaaaAaAaaaa Client: City of Baldwin Park Reference: John Beshay Engineering Manager (626) 960-4011, Ext 459 JBeshay@baldwinpark.com Key Elements: • Open lawn space • Dog agility equipment • Entry Monument • Walking & Jogging trail • Dog bagANaste Station • Water fountain Station • Shaded bench areas • Security lighting Services provided: • Grant Application Assistance • Concept Plan Size: 30,600 sq.ft. Start Date: April 2018 Completion Date: July 2018 Design Cost: $4,500 Construction Estimate: $686, 000 Staff: David Volz, Gary Vasquez, Paul Cassar .aaaas............aaaaaa.................. BARNES DOG PARK CONCEPT There is a wide variety of recreational opportunities offer to the citizens of Baldwin Park, yet there is no municipal facility where dog owners can allow their four -footed friends to run. A city-wide search for an appropriate site identified the under utilized south end of Barnes Park. The 2.6-acre park is situated between the 605 FWY corridor and the residential neighborhood along Patritti Avenue. The dog park addition envisions of this multi -faceted park would include a 30,600 square feet enclosed area for our four -footed friends. The Dog Park would include: two off leash play areas for small dogs and one for all dogs with waste stations, drinking fountains, dog bone benches, perimeter fencing with gated entries, and monumentation art signage. The improved park will provide a safe environment for our canine friends and their two -legged companions to explore and play. The Dog Park will be shaded with existing trees, as well as newly planted trees, landscape area will be planted to buffer the dog play spaces from the current picnic structures. The gateway marker at the neighborhood dog park entryway will double as a public art piece for this envisioned dog oasis. F0""""""' ARNES DARK- PROPOSED DOG PARK Itl M"� OWWAN PAN "41 A 1,,1 11 A :ff 1 a A K� �.^„11 Y 0 F `� A� 1\I 11 A � �IIIIIIIII��� 0��Y II�IIIIIIIIIU� WH ITAKER ELEMENTARY SCHOOL PARK There are no parks nor any available parklands in this section of Buena Park. An initial opportunity to provide some dedicated park facilities at Whitaker School has blossomed into a full of fledged "new" park across three acres of school yard. Through a series of community outreach workshops a plan has emerged with several exciting and unique elements. In addition to normal park amenities, shaded picnic spaces, play lots restrooms, a jog path and nice open spaces, there will be a STEM themed hardscape plaza, unique geometric ground patterns and other creative play spaces. The basketball court surface will be painted for fraction ball, a math -based ball game. The running�Gvalking track will have distance markers. The universal accessible play lot is envisioned to have fun, exciting, and challenging elements for all ages. This fully lighted park will host sports activities, family gatherings, and a myriad of recreation opportunities in this under served part of the city. As the property is to be shared with Whitaker Elementary School, a unique agreement between the City and the School District will allow for this great joint use community facility. aasAaaAaaeaaeaaaaAaaeaaeaaeaAaaAaaeaaeaaaaAa Client: City of Buena Park Reference: ��1'dIbid�Fi I fC C}"�f Iy �JI ,I,en l II'k rF1'd'i1 rF , f� 'Il e e I.0jero'Ia�'�' I r� of,l,r�r; Jim Box Director of Community Services (714) 562-3850 jbox@buenapark.com Key Elements: • Universally Accessible play lots • Basketball Court • RunningWalking Track • STEM Elements • Lighting Services provided: • Master Plan • Community Outreach • Construction Documents • Construction Period Services Start Date: June 2019 Completion Date: In progress Cost of Design: $331,911 DVD Project Manager: Eric Sterling Staff: David Volz, Gary Vasquez, Paul Cassar, Luis Pedraza Subconsultants: Ardurra, Design West Engineering, Shucri Yaghi Consulting Engineers .aaaaaaaaaAaaAaaaa........................aaa. More Buena Park Projects: i , Community Gardens Rick Gomez Park �IIIII�IIII��� 0�'" II�IIIII�IIII itY ����ounc"'I ���� L��.�� �„1°T �„ II I If i��11'A ia, K (i ���° ���� � .�yI] A A A F" t oPI., C °If aaaaaasasAaAaAaaaaaaaaaaAaAaaaaaaaaaaAaAaAaaa Client: City of South Gate Reference: Steve Costley Interim Director of Parks & Recreation (323) 563-5494 scostley@sogate.org Key Elements: • Treehouse theme playgrounds • Basketball & Pickleball courts • Speed soccer pitch • Water play fountain • Exercise equipment stations • Butterfly & Sensory gardens Services provided: • (8) Community Outreach Workshops & Display Exhibits • Summary Report • Design Development • Final Concept Plan • Construction Documents * Grant Application Assistance Size: 4 acres Start Date: Dec 2018 Cost of Design: $330,231 Construction Estimate: $5.5 mil DVD Project Manager: Luis Pedraza Staff: David Volz, Gary Vasquez, Larry Poindexter, Paul Cassar, Dana Bull Subconsultants: DMS Consultants, Design West Engineering, SKA Engineering More South Gate Projects: CIRCLE PARK & OUTREACH At Circle Park, the City of South Gate has leveraged a small piece of parkland to provide a great variety of recreational opportunities by integrating the adjacent utility easement lands into the park's play space. The council approved the community inspired park concept plan that includes the vision of a fully developed active and vibrant park facility; a place that encourages creative play, active sports, and health and wellness activities. A significant portion of the acreage is under utility easement and this plan recognizes the limits to type and extent of improvements that can be proposed. A new, more efficient parking area will be developed to allow easy access to all of the park amenities. New perimeter and interior pathways with strategically located benches, picnic tables and shade structures will encourage walkers and joggers to explore the many spaces of the park. Passive spaces will provide opportunities for quiet contemplation and recreation. Included within these passive spaces are: garden walks featuring native plantings, storm water capture gardens, picnic tables, benches and access to the Los Angeles River and Rio Hondo River trails. ittVpY^ if w gvii "" rawi �1rT4 ' t i'-'"11` �, EJ ",l"I(1 Vwr^I, E) Paul Adams, Retired Director of Parks & Recreation Letter of Recommendation 1°°��I it �� 9:� 11 a A ai. �� � i. ^„ it Y 0 11 � A� 1v,I it A� �II fIiI� 0��Y III fIU� C 0 F"I �E 0 F IS �E F't' V III C �El' & IS C IIP Pd �El �I.'T lll!U III., SCOPE OF SERVICES II11H A a II® O IN II®: III IIR II®II_ II M II IN A IIRX C O IN C IE F T IIIII_AIN,. Ul3II_IIC OUTIIREACH Task One - Project Initialization 1.01 Prepare project schedule 1.02 Prepare base map based upon available city records, aerial photos, and field reviews 1.03 Prepare photo documentation of existing conditions 1.04 Kick-off meeting with city staff Planning map Project schedule Meeting with city staff Task Two — Develop Preliminary Concept Plans 2.01 Program development a. Identify opportunities b. Prepare initial program for facilities improvement 2.02 Prepare conceptual plans a. Refine and consolidate ideas b. Prepare initial program and description of alternatives c. Annotate maps with potential development options d. Prepare letter report defining options e. Prepare order -of -magnitude construction cost budgets f. Prepare conceptual design package for review 2.03 Meet with city staff a. Review work to date Preliminary concept plan(s) and letter report City staff review Task Three — Refine Conceptual Design 3.01 Review concept plans with city staff a. Obtain direction for refining concepts and information 3.02 Refine plans and budget estimate 3.03 Prepare graphic renderings a. Concept plans and alternatives (up to 3 concepts) b. Renderings, style pictures c. Prepare project posters d. Prepare PDF of graphic plans 3.04 Prepare for community and stakeholder review Refined plan and budget estimate Plan graphics and renderings Presentation package III IH AC II®"TWO - IF II IN A II_ C O IN CIE P'T III II_A IN Wll T IH II300 IIDA IIR IK FEATURES Task Four — Concept Plan PresentatiorvReview 4.01 Present preliminary plans and report a. Community and stakeholder presentations (2 total) b. Collect and document input and comments c. Review input with city staff �IIIII�IIII��� Off'" II�IIIII�IIII itY �„ ouncii A 1v,I�] A ��„1°T� )��„�y � � i�1��aA ia� i�„„ (i ���° ���� � .�\I] A A A. S C 0 F"I �E'11' 0 F S �E'11' C �E'11' S & S C IIP i �E'11' l(Jl L Final concept plans Community and stakeholders presentation Staff review meetings Task Five — Final Concepts with Dog Park Features 5.01 Receive direction from city staff for finalizing concepts 5.02 Update concepts and cost budget estimates 5.03 Update graphics include 3D renderings 5.04 Prepare animation of project concept plan Updated concept package Renderings and animation Task Six — Presentation of Final Concept 3.01 Prepare final concept to city staff 3.02 Presentation to public, stakeholders, or city leaders as directed City staff presentation/review Public presentation A I\VIIIA" qol" qc'i'A (T] Y 0 F `� A I\V] A A 0 C 0 F"I �El 0 F IS �I., F't'VIII C �Elll' & IS C IIP Pd �El �I.' ll(Jl III., PROJECT SCHEDULE 0 L� 2 Y H � V 2 � H O M 2 � H O rn Y N � 2 � H Z Y Y 2 � H Z N Y Y � N m � 7 O U_ LL Y S d m N a O N N m m CL U m C N 0 m N S N O2 a a n ° c a n N N rn .N D n N C CO 0 C)n C N s a $ 0 O N 0 > ° a m MO U O U Im LL ° � O_ O o m C ii n c U m LL O C O m cm Ul a N N a Y In N Y M Y In N N a V Y m Lo Y m (O Y co m III �lllll�llll�i�0�'"II�IIIII�IIIIitY„co"unce�T 1 ��°°,,I] . 1 1) rr C 0 FI �E' 0 F rr �I.,'11' C �I.,rr & S C IIP Pd �E'11' ll(Jl III., QUALITY CONTROL DVD has an established quality control and assurance program that we undertake for all our design services, and for this project. The Principal -in -Charge will be responsible for implementation of these Quality Control measures. The primary elements include: • Verification that required deliverables and documents noted in the Scope of Work are provided. • A Peer Review will be conducted by our senior professional staff to solicit critical comments and verify correctness. • Retention of documents with highlighted markings and red -line comments, and verification that required revisions are incorporated into the updated documents. • Continual assessment and tracking of project schedule and budget against baseline data. • A complete construction review for constructability and biddability of the complete PS&E package will be assigned to experienced professionals on staff prior to final submittal to our client. aaAaaaaAaaaaaAaaasAaaaaaaaaasAaaasAaaaaaAaaaaW 1. Project Initiation Quality Assurance Review • Goals and objectives defined • Scope of work defined • Budget identified • Schedule established INofice to Problem areas identified IPiroceed Checklist prepared aaAaaaa�aaaaaAaaaaAaaaaaaaaaaAaaaaAaaaaaAaaaaW IPiropect Concelptuall IDesii in I1311aniniiin IDesii in IDevellopirneint AeaaaaAeaaaaAeaaaaeaaaaAeaa�................. 2. Work Plan Quality Assurance Review • Goals and objectives reviewed • Work plan reviewed • Alternative and preliminary solutions evaluated • Recommended solutions defined ............aaasaa........................Aaaa. aaaAaaaaaAaaaaaaaaasAaaaaaAaaaaaAaaasAaaaaaW 3. Design Confirmation Quality Assurance Review • Program and materials finalized • Recommended solutions refined A • Final design defined • Budget review • Checklist reviewed aaaA®aaaaAaaaaaaaa.........................W A IFiiinall IDesii ire 4. Constructability Quality Assurance Review • Quality assurance check for completeness and format • Verification check for completeness • Biddability and constructability review aAaaaaAaaaaAaaaaaa........................... WHY CHOOSE DAVID VOLZ DESIGN?' (,., r f .', ( r l ar, ",ill H`ry of D IP tvI'llrr tv aI 1,',',J. rg J31'f afro I Ir,l�f I;r Ir",fC°i of 0)e 'C 1°°��I 11 �� q:� 1 a '�. �. ^„ 11 Y 0 F `� A� 1\111 /fir „„A 20 APPENDIX �IIIIIIIIIUu Ity 1l1lllllllpity Council A ']I A ?7]"Tffl 0 G, l',A lla K, C 11 11" yl?1 7129� ? ] A A 1""I A. A �E'11' 14 X Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS Eew M qua Iiii 1 1110 Public Contract Code Section 7106) WIMMAJ oval] 0 111 oil! 1111 11-1111011 1 11112i K1110 a 1i:'iJijj1.3jfCq]LT'fL0-i M, In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, imlukw�fw_ �fe t�ie Covkr.Lct V.. Mill 1; a 10 1 RJ : I iA M R ZW* r rZ M ETME 04 h7W_,MoRRilili thereof to effectuate a collusive or sham bid. State of California County of Subscribed and sworn to (or affirmed) before me on this 1 9th day of Q,C'1110qr 2021, by Orange....................................................................................................... . proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. C° iiDi°°tifica�te,,A,ttacll!ied foL California 11114otary Word!= Notary Public Seal A 1',,V] A AP,tY 99�490111 ` A Y 0 A 1",V] A A 1",?7 — 70 12171202jlijI,II1U111 \\\\v gyp;°° gyp;°° �E' 14 w CALIFORNIA ALL-PURPOSE (CALIFORNIA CODE A notary public or other officer completingonly d" o, the signedindividual who the document h. which this certificate is attached, and not truthfulness, accuracy, or M of that document. iTATE OF CALIFORNIA COUNTY OF Orange On October 19, 2021 before me, Sathyaa Saleem, Notary Public (Date) (Here Insert Nome and Title of the Officer) personally appeared DAVID R' i R proved i, .., on basis of satisfactory evidence If i ''^ "` 1, %` i�' 4whose ., , � � ; +, ;" subscribed i,the within instrument andacknowledged to me! that he/sX/tXy executed the same Wrl y,; k iw i 1 " c ;w on , it PENALTYI certify under PERJURY underof of California that the foregoing 1, paragraph is true and SATHYAA SAL EEm Notary poobllor CaUfni ii a r Orange County Commission 211 ""2 19 My Comm, Expires Apt '7„ 201 i'j ADDITIONAL OPTI• li Description of Attached Document NON-COLLUSIONTitle or Type of Document: AFFIDAVIT ii." « 21,1 revision date 01/01/2015 pitCounci„� 1 12 �IIIIIIIII��� 0�'" Ilulllll�ll� Y 1 ui ]I 1T ll1 : y ��a a 11:° �' � ?] A iiA 1 ul A. gyp;°° gyp;°° �El' 14 w Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Firm David Volz Landscape Architects, Inc. Signed and Printed Name: Title President Date October 19, 2021 David Volz ��� t 9 1 - 72„ 12171202 0�'" II�IIIII�IIIIU� gyp;°° gyp;°° �E' 14 w Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted �IIIII�IIIIUu�15Y Il1l1l�lllllpity Council i']I A ?71°7/7� 0 G, ll�aA K, C 11 11 yl?1 7/29� ?.11,I 11 A A 1\I A. A F"I F"I �C:;I 14 w by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: ` Title: President Firm: David Volz Landscape Architects, Inc. Date: October 19, 2021 ��� t 9 I - 74 1217120211u111�l11�1��� 0�'" II�IIIII�IIIIU� Ilhi; IRln"' III [" III C Al] 0 IN ,`,! -4 �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/16/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tina Cowie NAME: Cornerstone Specialty Insurance Services, Inc. a/cNr o Ext : (714) 731-7700 (AIXC, No): (714) 731-7750 14252 Culver Drive, A299 E-MAIL tina@cornerstonespecialty.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: RLI Insurance Company 13056 Irvine CA 92604 INSURED INSURERB: GreatAmerlcan Insurance 16691 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTURE, INC. INSURER C : 151 Kalmus Drive, Ste. M-8 INSURER D : INSURER E : Costa Mesa CA 92626 INSURER F COVERAGES CERTIFICATE NUMBER: 21/22 COVERAGES REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUUL1bU1dK1 INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 1,000,000 $ X MED EXP (Any one person) $ 10,000 ADDTL INSURED / PRIMARY X BLANKET WVR OF SUBRO PERSONAL &ADV INJURY $ INCLUDED A PSB0001408 03/14/2021 03/14/2022 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE $ 4,000,000 POLICY PRO ❑ LOC ECT PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS PSB0001408 03/14/2021 03/14/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ XHIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ 1 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A PSWO001346 03/14/2021 03/14/2022 STATUTE EORH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Each Claim $2,000,000 B Professional Liability Claims Made DPP4204131 03/14/2021 03/14/2022 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Evidence of coverage in force. Contractual insurance requirements will be addressed at the time the contract is awarded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR PROPOSAL PURPOSES ONLY PLEASE CONTACT ACCORDANCE WITH THE POLICY PROVISIONS. CORNERSTONE SPECIALTY AUTHORIZED REPRESENTATIVE TO VERIFY COVERAGE IN FORCE @ 1988-2015 ACORD CORPORATION. All rights reserved. iy ounc�'I"„„_% "i„„l�lllluIIIIII�� Ilhi; IR'11 III' III C A'1"' III 0 lN ,`,! Printed on: 12/17/2019 1:33:42 PM To verify most current certification status go to: https://www.caleprocure.ca.gov IIIIII ES IS ',i /,r .'..'e Office of Small Business & DVBE Services Certification ID: 25194 Legal Business Name: David Volz Design Landscape Architects Inc Doing Business As (DBA) Name 1: David Volz Design Doing Business As (DBA) Name 2: Address: 151 Kalmus Drive M-8 Costa Mesa CA 92626 Email Address: jgraham@dvolzdesign.com Business Web Page: www.dvolzdesign.com Business Phone Number: 714/641-1300 Business Fax Number: Business Types: Service Certification Type Status From To SB(Micro) Approved 10/16/2019 11/30/2021 SB-PW Approved 10/16/2019 11/30/2021 Stay informedl KEEP YOUR CERTIFICATION PROFILE UPDATEDI -LOG IN at CaleProcure.CA.GOV Questions? Email: OSDSH ELP@DGS.CA.GOV Call OSDS Main Number: 916-375-4940 707 3rd Street, 1-400, West Sacramento, CA 95605 DAVID VOLZ DESIGN LANDSCAPE AA°C:HIITEC:TS, INC Pegrh:a4:hon"Jurnmlk:aarr 10000 1128 St'�tua: A, ti ve G",,'.gL.IliB INu.rn'71k:aatr l k ;tl F:u'rHty T,g il:na.Bl: C r� nra'tl Car M alil0int A¢'9adKra s,,':: 151 KALMLIS DPTVE, M-8 CC'STA ME �,,A CA 92626 G,::ou ov'v:: C is n;ge C ra';M:: (c"Dn uIt'.ant DBA Narn4a DA'VIII VOLT. DESIUN I�II�I I�I�I Illl�hl IIIINIII IN Reg'I0rolirlin Hi,ticrY lii.ft tri.� D'-'t:,. Expiration T(D!27! 2020 6(30i2021 3(+12020 6(30 2020 7(31201.8 6(3�1 2019 6(:L 201.7 G(30 2018 7(612016 6(3J1i201.7 10/21./2015 3(30/2616 IllCi; IKln"'III III' III C Al] 0 IN ,`,! ,r (� �� B P r I "mJI G C E � r' F K /'r 0 j�� i f 't�f'� �; 1 r �I I I� L,1 I, � ���;;,. � u� Vr.� ¢ la„� r�,�� � �„ I,,,� �� Q rz, i �, s,,, '� r. I. , a . < /c �, � , ,-/v IR � i � ; ,,,� a �l ? �, HERELY CERTIFIES THAT HAS ACHIEVED THE DESIGNATION OF IL E lE Illr i" A C C III �I 11;1 f IE D PIS R O F E,ta S III O NA III„„. UI�iL" BY DEMONSTRATING THE KNOWLEDGE OF GREEN BUILDING PRACTICE REQUIRED FOR SUCCESSPUZ, IMPLEMENTATION OF THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEEDo°) GREEN BUILDING RATING SYSTEM'-, U�_ March 28, 2008 L a,a� �raa 0,1,1',"t S a i .,, d ltd sz P r,n s,,,I Cfio mmcdm ;4 boofib— _ 'afill",","k 4 Ibl ab Wo. C Yd,,, Illy CI CI r„` IlK Affr III,,;; 0 ((( (ff" fC r AI N 1 III 'o CALOFORNiA CONSTRUCTION GENERAL PERMIT ANT David Volz Jul 19, 2019 - Jul 22, 2021 Certificate # 01176 California Storrnwater Quality Associarion and fii CaIIifornia Construction r General Permit Training Team 60ENA(DRARK COMMUNHYSERVICFS UPARTNIENT August 19,201.9 JIM BOX, DIRECTOR RE: Recommendation in Support of David Volz Design Landscape Architects, Inc. To Whom It May Concern* David Volz Design has provided high -quality design and consulting services to the City of Buena Park for many years. They have provided park planning, leadership at Public outreach meetings, creative park design, developed construction documents, and construction period services on several park projects. One notable project the City of Buena Park is exceptionally proud of is the Rick Gomez Park. The project includes a high level of design and a team of sub -consultants, under David Volz Designs! contract. David Volz Design team welcomed community input at outreach gatherings to design creative, interactive play areas and inviting, green spaces. David Volz Design has always provided the City of Buena Park with high -quality professional service for these projects and many others. I highly recommend David Volz Design to your agency. J, i Box Director of Community Services City of Buena Park (714) 562-3850 J12ox@Buenaparecorn I'David Vol z IDesign has always provided the City of lBuena. IPark with high -quality professional services for these projects and many others." CITY of CYPRESS' 5275 Orange Avenue, Cypress, C",afforna 90630 Phone 714 -2296700 wwwxylevessra'Org RE Recornonendadcut in Support of David Vdz DoI Landscape Archhects, Inc. To Who i it May Car i cev n I he r Ity ar Cyjvess roll labomtedsAV I David 'VnIz De3[qrt cnn vadaus TIo[ects f'"ouglil the 0y, incU6ing the It)nenVy Vew Nfedlan ResloratOn DAYbeard designed waler effident, easy to mainatri, and VISLIWly pkmihng linpmernents that Enhanced I city's gsaeIl spaces and publIc, strildscapos would recomi nei id David VoIz ['iPsipti to otlxx agencies G�rm GARDEEN GIRDWE ...................................... . TI ni-Hrh,Ngkystm hwrcx6clx phbol August 26, 2019 ."I Wa km rwe 7YIuy RE: Recommendation in Support of David Volz Design Landscape Architects, Inc. To Whom It May Concern: David Volz Design has provided high quality design and consulting services to the City of Garden Grove for many years. They have provided park planning, provided leadership at public outreach meetings, provided creative park design, developed construction documents and provided construction period services on several park projects. Our latest project was Woodbury Park renovation, included a high level of design and a team of sub -consultants under David Volz Designs' contract. This project is was a part of the city's Prop 66 Grant application. OVID has always provided the City of Garden Grove with high quality professional service for these projects and many others. I highly recommend David Volz Design to your agency. Sincerely, "IDVID's tea.m w0comed community input at a. number John -on anc ez Community Services Director of outreach gatherings johnmo@ggcity.org 714-741-5214 + 4 e4 LJ %::; -3 U " %,I %::;CA. V %::; CA." interactive play areas and inviting green spaces for both projects." A RRU(V 000040000 ALKJU112'1, 2(N9 OFFICE OF THE CITY MANAGER 401, F El AIAcN:c, Avonuo ,Iinub,�, CA 9q6,8 8 (1.1151."1) 5K 1SL"9) 591,4246 ,zaL�ill ��La 2 Ro.: Recommendation irr Support of David Volz Design Landscape Ah:Weds, fn_ 70 Whim,, it ?"day CCL(Icefri, 711c, ('ityoh DirAA-La hits ,0MM[SS(U-"NJ ""aVid Volz Di sign to pinvfdesernces on sevival p&k dea .,In prq�ens, TiTesII havt, indud(d Cr_IVIMUtl1t'Y Wsed desgn process, ct 4ornimlsskmii, and ccxrcll clevive sntutdorili th,.Y have .irp,ressed many comrnway rs,Qd5, Cittr Ier,ently e,nrnpketed lei osL,,,/k Imyto is aft oi_ltS1,,'rrding bvr,� ch"'nIl"y'led pedesvixi pth,vi,jy, Thre p,e eo Irts rea-we".1 xwladt.,,s from thl.. coiritT-tvNiy raid nnrby 6ernertaIy hCc4 selved by te p,.-j (h*,,iy nfoltniation be lequyiircl, Dttrlsf, the mtinter I lecornmerld sllic,err.fly, E)wid VaI7 Design M any agenq looktrg folcreali've anid prolessional hind ,ape aichitealval Alex I:iarI P F, "IDVID's tea.m designed water sellrfl(PIs, 'III recommend David Volz efficient, easy to maintain, and IDesign to any agency visua.Hy p�easing improvements,, - looking for creative and that enhanced the city's green Litis Raflan professional landscape spaces and pubfic landscapes.11 C 1 y NII,r I i�jger architectural services." y bund C 15Y 11$111 t 71'h''ytllwlhd arh`'.fSRYI V..Am1.^AAl91mrV r"A.V. ...b ..4+4dtr le�410------ r ___10) :Ilr 12��1 n.r 1 - .. _ .....,_. ...t:w,r�fI! 1. S I epternbe 4, 20M RE Recommendation III S'tmppert of David V'atz Design Lairl Architects, twat, To vV4viom ft Many Can¢_aern rho (Ay of I,awndrafv II a:o fuRnrr,sed +wdth David Volz P,rt,rein tort two important park dewelopi r9nf,: prrole.Mm; In G1)0 lAy, Iri(kr dpnyr.i the xe.. iily corgrlr trail HcnD rr Palk rq )vaig5ir aaa'r(t t xp;jns, ovj paruja<T,, whI h ¢n lotto d e'x(roet ryrtu of rurr II Iy palk sime r 'krlprnnra uti tya rr Itm.;etIon and I Il of play a ;are ft a childwo aged I, w av years Aid In O a' ditarorl, David e,y iz Design a9,'ro raall,aln:rr:lata d orthr rho i rwy of t arowndak, o" Charclev a fRrnt)I:,.,yaPark, na now trrrr at r :t park. di irpned and b;,,dIt nn a Iorrn(l t taIi`mn o I epr„x Rune i i of lrran. p ord,rf on psvqxol'fy mnile.hin tho m 81 tf Ltaarndale., I':P'td%7`,t town ra *li,m led I ra,nrynmi Cy mmwluda'. ,it 3a rwirbei of unt4vach galYnr Y nyD,m 10 aim i gn creative ind hnteracti ra fal aq :RrKRa,; ,and mn wlt6¢Kl apt :re ag: ac Ioi b014 gm n ew t5.. t would kaOhIyr reco mweend L)avkl U Ix Dolagn Gar my agpe.ra y My oorrt acl llfol'v rvatur.m Is k ted "'elruw 4 la a ag 2 inr.a :r, no 'irar on strplm ret of Ows tda'Im, ymere,y `°IL VIL my tear n w0co ed community input at a. number ehrha E;t s of outreach gatherings f bill"ftcx of Y3P'IFfVk6.11 tdl�+�*('mVf4 p°"i a lly ,fl'aw"W ,r( to design creative and ilrtysar� �z��4 �p areas �pry^� interactive �ay ar e�A.s and inviting green spaces for both ll itecorrorralondntisoar lilt SullOf I'I'avld volin tDosign, l utlrrriscapo akrvitittra air„ groat. to VVlmdlma IIR Wny f:.ogmeMr'r: the rvaky of NoRwaalr Im of s;oleahouraiod rvrltta Ilawrd 'vrrhs I,rr ni"' ul aril .ur:Jocl'.au nrvpoftrarlt piaprly devofkylpr onl ioo,yorrls irnr:h'IdI g Imfu.roaatlyr +':rnooptnlcul w asi mu Iarmr"k plam, tof V-lofi osilln N-'rarpa o�mntl hNr mitl'k q"r a k. DVCD`ea team, ¢welcorrgxt a:ovnrrrurmty urol:,rt.lt at oulle"Ich q atht dnT, k) desigu cler lllwr ulal Imr;#uwr* t,aragyereraa, onp;l klviorag' A r;f,nrliiim rlt'y ou[nx,"Oh owoll ko Hon' r%lilo I'M, wen,K Iflt`awld ray IDIA) Much was wcl& aatBaaalalorY ,and ImiliGiltnArls mAnirarerldod on toraw well DVD conducted flea: nmeotungy and loro'uiclvad information rog. rdInpg the design couaexalals for he park I wwrrw4+ladd IolghJW rtoconimood David Volt, fleslgn urn any, argen(y My contact iffrrlalartl(an I;a Ilm,ked w'fl . IalrrTr,,rg colio'no rrio fel fulotlat ool tlioWraOm Irl f lwppofr wl this fint,r. "A community Ilfl 0 IIun ity outreach II event Ilt �1., rC�L;1nI� a �l�,et, r rI ;r was well attended and Chnskine Roberto participants commended on I ruhllo ��c IWIw r P'rtaw M;,rtlm�r bii,ipyrgra Iz w ,rl;t f how well IL VIL conducted 4° 1 �� 1Px,p �rtltl the meeting and provided information regarding the desia n conceDtS for the II., lE' °ll "T ll.1N t 0 F 1N �C� ll.. C 0 11V'i M lEI hi AT III 0 hi S City of South Gate _ Parks ff{ecreatioar ----(mutate-at ___ ________ ____ IltY of WVWVClIYOF OU1"HC;A outh August 21, 2019 RE: Recommendation in Support of David Volz Design Landscape Architects, Inc. To Whom It May Concern David Volz and his team at David Volz Design have provided superior service to the City of South Gate on a variety of projects to improve our parks over the last twelve years. From Master Planning and Community Outreach to providing creative, sustainable and usable designs that enhance our community and excite our park goers, David Volz Design has consistently met all expectations. Please feel free to contact me if you have any specific questions or would like additional information. We have had nothing but the best experiences with D VD and would enthusiastically recommend them to anyone looking for a top-quality landscape design firm for you public project. Since Paul L. A Director of Parks & Recreation 323-563-5478 padamsgsogate.org and Co nnnarnnty Outreach to providing creative, sustainaNe and usable designs that enhance our community and excite our ark goers, IDavid Volt IDesiign«o has consistently met all expectations." w' vGa W j a m ra "� rr Qs i a� o ci fy[�YpN� i UY Y ry Y tl', l 110,YJi ,YrpYmzYY'Yhkarty„ryf;aifJ HIII WWI 1_1wrr.pm l Racotttntioradaiioo In Support of Davld Volz Design„ Landisc.al Architects, Irac. To If May Ovirenn: Tll CAy of Paararltauafl, 0olrabormeil esulh I;d.i'vid Valzf f,-.irgn on scvtsrarf intprDmairll park s91evelopirlend N:,vrvalo.tn Including mr;Ir.'ona lye I,"elrtl;tl It ly rarrlr�,{?trrwal jrtalA Cf i;Jafv%a¢aurfimr-aal'td tutu tt¢nI of our parks, as Yvell a ¢.r,Ir.ralalt.csl dar�,er;o iur proposed yaardamenities, rd011zin I SutiIiherrn r ald amia Fdi5on (SCl right: of way ?i:imrad, The DVD s wain weltarrurrar,¢9 f,ta+ulvtir.lr'iety nalarar, at rorli-e ach gathenrlrgs ivr rlr .;'off{rr clr Ball a, imeraccrfve play waas, and h I Iltinq tlil Ir as�s„ Iala`I:d hags nlwrays' provided thate, deity of P,@Iraall wigll hikil'r tqn adild Wu`rrlr titivara r Sell anr;l I rf,utIJ highly a°ecA)mrrrend David Volz Design Ili ary a,',Jsr'u, ,y. IVI?y rxxitaacit ariforriawall n i4 Iff"al0d Ixfll;amv; Inlai coot acg' ine, 'ifir further corn T ent5 in +alul'af,7rrt'I Of it firm at. 562 220-2 l Ny0 `°'IL VIL 1"as always provided l:hfwtDF I}AHANJJ?Iiftf the City of Paramount with high qua.fity professional drlanaFl,II) r,a service and 11 wo0d hi l-nly l'btMl:,l:Ir;: arryarFf&,.a DIrecttmr recommend David Volt IDesigrn to any agency." IIIIIIIIIIUn IN IIIIIIIIIIIIUn L, UEl' "1" "1" UEl' Rt 0 F FIHEIC 0 M M UEl' hi Al' III 0 hi S 00'. SAIM."a Map, IR na.�., A, U"P- � � " nw, CNiNg h"wrwo r,-M Yxd. G-N Uyk., Moog ARYqlV Vqm IMEN August 26, 2019 RE: Recommendation In Support of ]David VWz Design Landscape Architacks, fnc. To Uiorn It May Conoern: The CaI:V of StanWn has continis'Wonod Davkt Volz Des4gnlo provide sarv!Lxqs on several park design pmjecls. Those serArma tove nclud)ed community, based design process, presentatiorks to corruniss4ons and councR and creative sok;tiarrs that have addressed, many cornnnuniNy nQeds, Stanton Centfat Park is an oulstandJng DVD designed park. The park lwS, rer;evve,,l ao=Wles Iron,i the corvimunhy Hf,0 design awards tJrorn APWA and California Park and Revowk,)n Soc,,I&ty, DVD also desVnwl Harry M. Dotson Park which also rocerved deslqn awards frorn AI IA Sboukf, act dlflmnal lnforrnatio7 be required, please call me aft the city number, I iecurorneod David V61?. Degign to any agency looking for cira@Vve aod a4Qf4S.qJoriM landscape atchNedueall sorvores, Sincerely, Man Rt[9 DiroGtor of Public Works (714j 379-9222 ext. Ma "Stanton Central] park is an outstanding IL VID designed park. 'The park has received accoades from the community and design awards from AID WA and California Park and Recreation Society. IL VID also designed IHarry IM. IDotson Park which al]so received awards from AIPWA.11 ci Jrh, OF ,`BAN N I A rEO R"RVAN, f M, , I ?(RIUAVI N11 pmrkw And W-Cro"Ifion 1)(parinunq AIJI 0A A] HORMA 94440-IMH EI C.Ii. NIONL i(AOP12f�7400 JAX, (010)r�nn,74W August 2, 2017 To whom it may Concern, The City of Same Mateo is currently working with, David Volz Design to provide preliminary design documents for our Borel Park site. They have developed two very creative and innovative design concepts for our newest neighborhood park. We selected David VON Design because they have created mainy award winning unique park designs for other public agencies. Most of their park and public agency projects are very well thought out and incorporate history, culture, and art to support a strong theme. Ali of the components of the design, such as site furnishings, paving materials, and the plant selection all work together to support the design concept. David Vol: Design does a great job creating attractive and functlonai public spaces with high recreation value. Having worked with David Volz Design on several projects at different agencies, I have always found them easy to work withi professional :l and the Ipubliic appreciates the skiils and commitment. I strongly recommend David Voliz Design to any public agency seeking creative and professional landscape architeCtUral services. Greg Meek Park Planning Administrator (650) 522-7544 gmeek@cityofsanmateo.org "We s0ected IDavid Vo�z IDesign because they have created many award winning unique park designs for other pubfic agencies. " y G2 I C 7 15Y EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable City Council 27 — 81 12/7/YG2q 13 of 13 ................................................................................... . EKZalai so" AiroWtects aKd Park,: PtaKM11r October 21, 2021 Sean Thomas Public Works Agency; M-36 City of Santa Ana 20 Civic Center Plaza, Ross Annex Santa Ana, CA 92701 0ll 0.. / // /'rrc,`ccl���J'/ Glf°-y II")J O .G A fF C fF A II °A Dear Mr. Thomas, We are looking forward to working with Santa Ana. Our team of professionals has what it takes —expertise, enthusiasm, and exceptional service —to plan, design, and see to the successful completion of your projects. Thank you for your consideration. David J. Volz, R.L.A. # 2375 LEED Accredited Professional, QSD/QSP DIESIIGli' 111i'1GILA1iW�IC:�S(',d"�If 1 S C'Ih°IlAI' P. ai "rr�i.4U Office C achella%QdI vilmHIces aii Jr),e���ilufH e^ Q fA ��; I 7� i v �" G. li ii Uiis iu1� :.11" r r)( III (Ld+)'Mt ti<t iuie H7O �� �Incil 27��,�., <2I✓�C�,�1 FEE PROPOSAL lPhase One: IPrefimunairy Concept IPA ans/ IPubfic Outreach Task 1 - Project Initialization Task 2 - Develop Preliminary Concept Plans Task 3 - Refine Conceptual Design lPhase One: RnaV Concept IPA ans wuth Dog IPairk Features Task 4 - Concept Plan Presentation/Review Task 5 - Final Concept with Dog Features Task 6 - Presentation of Final Concept Reimbursable expenses, printing, copying, postage, etc. Option One - Additional Community Meetings (each) Option Two - Additional Concept Plans (each) PR DID I SLA I PD I AD Total $220 $193 $175 $135 $110 Hrs Fee 2 4 2 8 4 20 $ 3,082 4 80 4 20 4 112 $ 20,160 2 40 2 12 2 58 $ 10,350 8 124 8 40 10 1 190 $ 33,592 2 4 2 4 2 14 $ 2,322 2 20 4 12 1 39 $ 6,730 2 4 2 4 2 14 $ 2,322 6 28 8 20 5 1 67 $ 11,374 Estimate $ 2,000 $ 1,200 $ 5,000 It Cqui� 27„ 3 „ 12/7/2021 �lllllll¢��i" IIIIII�lllllll¢ f ° Ilhi; Ilhi; IIG°�° IlR 0 I[", 0 S A IIL.... HOURLY RATES SCHEDULE Principals $220/hr Director of Design/ $193/hr Senior Landscape Architects $175/hr Licensed Professional $155/hr Building Designer $150/hr Project Designer $135/hr CADD Technicians $121/hr Administration $110/hr REIMBURSABLES - IN HOUSE PRINTING Printing, copying, and sub- project Name: consultant expenses will be billed at cost plus fifteen percent. Cent: Number of Sheets Date Bond (B/W) Bond (Color) Letter 11x17 Photo (Color) 24x36 30x42 24x36 30x42 B/W Color B/W Color 24x36 24x60 30x42 Description Description ADMIN USE ONLY otal Sheets Unit Price $ 4.50 $ 6.00 $ 10.00 $ 15.00 $ 0.15 $ 1.50 $ 0.55 $ 2.75 $ 15.00 $ 18.50 $ 22.00 Totalbtotal ISu = 15% M/U = Total to be billed: $ It CgU�01( 27„ 4'„ 12/7/2021 �lllllll¢ ���" IIIIII�lllllll¢ Public Works Agency www.santa-ana.org/pw Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Local Street Curb Ramp Improvements AGENDA TITLE: Amendments to the FY 2021-22 Capital Improvement Program adding the Local Street Curb Ramp Improvements FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) funds; Award a Construction Contract to Nobest Incorporated in the Amount of $299,090 for the Local Street Curb Ramp Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $554,582 (Project No. 22- 7537) (Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $554,582 in Community Development Block Grant (CDBG) fund. 2. Award a construction contract to Nobest Incorporated, the lowest responsible bidder, in accordance with the base bid in the amount of $299,090, for construction of the Local Street Curb Ramp Improvements FY 2021-22, for the term beginning January 3, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $554,582, which includes $299,090 for the construction contract, $44,863.50 for contract administration, inspection and testing, and a $210,628.50 project contingency for unanticipated or unforeseen work. DISCUSSION This work includes installing ADA curb ramps at various locations in the City of Santa Ana, adjacent to Santa Anita, Winsor Village North, Centennial Park, and New Horizon neighborhoods (Exhibit 1). The improvements include replacement of damaged and deteriorated concrete sidewalk, and installation of curbs, gutters, and ADA ramps. All works referenced in the recommended action provides the total financing for the project. City Council 28 — 1 12/7/2021 Local Street Curb Ramp Improvements December 7, 2021 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 250 regional vendors via PlanetBids, many of which are based in Santa Ana. Thirty -Five vendors requested bidding documents, and a total of eight bids were received. Bids were not received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 29 and October 6, of 2021. The project was also advertised in PlanetBids from September 28, 2021 through October 26, 2021. Bids were received electronically via PlanetBids on October 26, 2021. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Nobest Incorporated Westminster $299,090.00 2 Carter Enterprises Group Costa Mesa $332,960.00 3 CJ Concrete Construction Santa Fe $364 580.00 1nc. Springs 4 EBS Concrete Construction Corona $441,067.00 1 nc. 5 PUB Construction, Inc. Diamond Bar $447,840.00 6 Vido Samarzich Inc. Rancho Cucamonga $475 830.00 7 CT&T Concrete Paving Inc. Diamond Bar $491,880.00 8 Diamond Construction & La Habra $596,140.00 Design A total of 11 bids were received, and all were deemed responsive. Nobest Incorporated submitted the lowest responsive base bid in the amount of $299,090.00 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Nobest Incorporated has not performed pervious work for the City of Santa Ana. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Nobest Incorporated, in the amount of the base bid totaling $299,090.00 (Exhibit 4). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; City Council 28 — 2 12/7/2021 Local Street Curb Ramp Improvements December 7, 2021 Page 3 implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $554,582. The construction bids came in lower than anticipated. The contingency is higher to take advantage of these lower costs and to maximize the allocation of CDBG funding as well as to account for unknown and unanticipated conditions. This will allow additional curb ramps to be completed beyond the anticipated scope. Project Item Total Construction Contract $299,090.00 Construction Administration, Inspection, Testing $44,863.50 Contingencies $210,628.50 TOTAL CONSTRUCTION DELIVERY COST $554,582.00 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-114 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $554,582 which includes construction, contract administration, inspection, testing, and an authorized contingency. Funds for this project were appropriated in Fiscal Year 2021-22 and are available for expenditure. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23 for expenditure. Project No. 22-7537 is the number assigned to the Project Plans and Specifications and the Notice Inviting Bids. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Unit Fund Accounting Unit - r Year ea - Account No. Description Account No. Amount (Project No.) Description 13518783- Community CDBG Program — 2021-22 66220 Development Improvements Other $554,582.00 (22-7537) Block Grant Than Buildings Total $554,582.00 City Council 28 — 3 12/7/2021 Local Street Curb Ramp Improvements December 7, 2021 Page 4 EXHIBIT(S) 1. Location Map 2. Amend FY2021-22 CIP Project Street 3. Bid Proposal 4. Construction Contract 5. Cost Analysis Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 28 — 4 12/7/2021 SANT■ Project No. 22-7537 LOCAL STREET CURB RAMP Pam% IMPROVEMENTS PUBLIC WORKS AGENCY k q & \]Jo3A {®\kk\ (\\\\} °�EaG /#*E2g aseo� �44§m A ¥ { (k f <�o�a 2ff£)§t E a)t{\7$ ■ m « 7 / b # W, 0c) §&\±52§E a&/)ƒ() \ / § § ( / \ � \ f �&\ e ■ t o Deco co _moo § a § § « 2 \ & ƒ 3 & & rd m ; Q k \ � m m k � 'Ni co oo 0 co oo Lo o L Lo e_ e_ � W. � / � \ } � \ § \ k \ 16 � § ■ ADDENDUM NO. ONEEXHIBITI CITY OF a x. ♦ t: P�tOJECT O . 22-7537 PROPOSAL PROTECT NO.: 22-7537 LOCAL STREET CURB RAMP IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: C. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed. work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove and Construct PCC Curb 13,500 SF $ $ Ramp* 2 Remove and Construct PCC 680 SF $ $ Sidewalk (T=4")* 3 Remove and. Construct PCC Curb & 450 LF $ Gutter (A-2-6)* 0 4 Remove and Construct PCC Cross 2,400 SF $ 9� $ Gutter* 5 Construction Permit 1 LS $10,000 $10,000 TOTAL BASE BID (Bid Items 1-5) $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. City Council 28 — 7 12/7/2021 P-1 of P-16 ADDENDUM NO. ONE CITY OF SANTA ANA 7 PROPOSAL PROJECT NO.: 22-7537 LOCAL STREET CURB RAMP IMPROVEMENTS TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (80) working days 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 $750 per calendar day. Name of Firm Signature of BIDDER Title 'r, ' \ (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 28 — 8 12/7/2021 P-2 of P-16 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-7537 Local Street Curb Ramp Improvements This CONSTRUCTION CONTRACT is made and entered into this 71' day of December, 2021 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 Nobest Incorporated (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 Local Street Curb Ramp Improvements (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts Documents prepared by the City's Public Works Agency and approved by the City Council. 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 Two Hundred Ninety -Nine Thousand Ninety and No Cents ($299,090.00), 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. 1 of 3 City Council 28 – 9 12/7/2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-7537 Local Street Curb Ramp Improvements 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://wwvv.santa-ana.org�pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subkor�tractors of any lower tier, 2 of 3 n sp; City Council 28 – 10 12/7/2021 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-7537 Local Street Curb Ramp Improvements of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM, SONIA R. CARVALHO City Attorney By: - 4 JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency KRISTINE RIDGE City Manager CONTRACTOR: Company: NAME w, e p Y 0"5) Title t 3 of 3 City Council 28 – 11 12/7/2021 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-7537: Local Street Curb Ramp Improvements Construction Contract $ 299,090.00 Contract Administration, Inspection and Testing $ 44,863.50 Contingencies $ 210,628.50 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 554,582.00 City Council 28 — 12 12/7/2021 Public Works Agency www.santa-ana.org/pw Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation AGENDA TITLE: Approve an Appropriation Adjustment and Additional Funds in the amount of $45,000 to an Existing Construction Contract with RMF Contracting, dba R& M Electrical Contracting, for a Revised Estimated Project Delivery Cost of $980,018, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) (Non -General Fund) RECOMMENDED ACTION 1. Approve an Appropriation adjustment recognizing prior year fund balance $45,000 in the Residential Development District 1, Prior Year Carry Forward revenue account and appropriating the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account for FY 2021-2022 capital operating expenses. (Requires five affirmative votes) 2. Approve an amendment to the Project Cost Analysis to reflect the new amount of $748,014 for the construction contract, $127,204 for contract administration, inspection and testing, and a $104,800 project contingency for unanticipated or unforeseen work, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $45,000, which includes $15,000 in construction engineering funds and $30,000 for construction contingency funds, for the El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation (Project No. 20-2714 and 20-2717) DISCUSSION On July 6, 2021, the City Council authorized the award of a construction contract to RMF Contracting, Inc. dba R&M Electrical Contracting to replace the existing basketball court with new concrete basketball court and court lighting (Exhibit 1). The project is currently City Council 29 — 1 12/7/2021 El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation December 7, 2021 Page 2 under construction and additional improvements have been identified that surpass the existing contingency of $74,800. To capitalize on the favorable pricing in upgrading the lights to the handball court, upgrading electrical equipment, and additional materials testing, staff recommends increasing the contract administration, inspection and testing funds by $15,000 and the project contingency by $30,000 to complete the work and deliver basketball court and ballfield sports lighting project. The recommended action will increase the contract administration, inspection and testing and project contingency by $45,000, thereby increasing the total estimated construction delivery cost to $980,018, as indicated in the Cost Analysis (Exhibit 2) and as summarized in the table below: Project Item Current Total New Total Construction Contract 748,014 $748,014 Construction Administration, Inspection, Testing 112,204 $127,204 Contingencies 74 800 104,800 TOTAL CONSTRUCTION DELIVERY COST P935,018 P980,018 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize $45,000 of prior fund balance in the Acquisition & Development -District 1 Fund, Prior Year Carry Forward revenue account (No. 31113002-50001, and appropriating the same amount into the Residential Development District 1 expenditure account (No. 31113260-66220). Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 3) will officially incorporate these funds in the amount of $45,000 to the program. The following table summarizes the funds budgeted for expenditure to deliver construction of this project, including the additional funds noted above. ccounting Unit - Accounting Unit - Fiscal ccount No. Fund Account No. Description Amount Year Project No.) Description Revised Authorized Funds City Council 29 — 2 12/7/2021 El Salvador Park Basketball Court and Court Lighting Renovation and Riverview Park Ballfield Sports Lighting Renovation December 7, 2021 Page 3 Accounting Unit - Accounting Unit - Fiscal Account No. Fund Account No. Description Amount Year Project No.) Description Residential Residential Develop 021-22 1113260-66220 Develop District 1 District 1, Improvement 262,032 20-2714) Other Than Building Park Improvements, 021-22 5113263-66220 Capital Outlay Improvements Other Than 200,000 20-2714) Building Residential Residential Develop 021-22 1113260-66220 Develop District 1 District 1, Improvement 297,986 20-2717) Other Than Building Park Improvements, 021-22 5113263-66220 Capital Outlay Improvements Other Than 220,000 20-2717) Building Total 980,018 EXHIBIT(S) 1. Location Map 2. Cost Analysis 3. FY 2021-22 Capital Improvement Program Sheet Submitted By: Nabil Saba, Executive Dir Public Works Submitted By: Lisa Rudloff, Executive Dir Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 29 — 3 12/7/2021 Exhibit 1 Ir SANTAANA Project Nos. 20-2714 and 20-2717: P1 El Salvador Park Basketball Court and Lighting Renovation % Riverview Park Ballfield Sports Lighting Renovation PUBLIC WORKS AGENCY EXHIBIT 2 COST ANALYSIS December 7, 2021 CONSTRUCTION OF THE PROJECT NO. 20-2714 and 20-2717: EL SALVADOR PARK BASKETBALL COURT AND COURT LIGHTING AND RIVERVIEW PARK BALLFIELD SPORTS LIGHTING PROJECTS Construction Contract (20-2714) $ 323,530.00 Construction Contract 20-2717 $ 424,484.00 Contract Administration, Inspection and Testing 20-2714 $ 71,102.00 Contract Administration, Inspection and Testing (20-2717) $ 56,102.00 Contingencies (20-2714) $ 67,400.00 Contingencies 20-2717 $ 37,400.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 980,018.00 City Council 29 — 5 12/7/2021 ))22 @\)/ ) )� % {\\/\ \E\*f */(1-Z \ !.\5z )\/\t %tt@t -SQ2Q \k§]/ %{£f$ ){\)\ D ) f om \ w '2f ') W co —cz 2 f\\{\ w®%'0%! wkto3E2 �flE,@7 O�¥��«® �2$222\ aw�2:&6 j \ k j \ k @ � @ La 0 § 0 R m R 2 \_ m � � 0 L ( / IL .0 w j q IL § \ 0 ® ui \ 0 a> E ƒ § k \ / \ �2 \\ Q)P k) RLU [I o \� E wC? UkZ, U Um� w\2 wk\ 0 \f o %\ m Public Works Agency www.santa-ana.org/pw Item # 30 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Adopt OCTA Funding Program Eligibility Requirements AGENDA TITLE: Fiscal Year 2020-21 Measure M2 Year -End Expenditure Report and Measure M2 Seven - Year CIP RECOMMENDED ACTION 1. Adopt a resolution approving the Measure M2 Annual Expenditure Report for Fiscal Year 2019-20 and authorize submission of the report to the Orange County Transportation Authority as required by Measure M2 Funding Eligibility Guidelines. 2. Update the Measure M2 Seven Year CIP for Fiscal Years 2021-2022 through 2027- 2028. DISCUSSION In November 1990, Orange County voters approved Measure M, a 20-year one -half -cent sales tax to fund transportation projects in Orange County. Sixteen years later, in November 2006, the voters again approved the Renewal of Measure M, referred to as M2, for an additional thirty years. M2 became effective in April 2011. The net revenues generated by M2 contribute to two types of grant funding: Local Fair Share (LFS) and Competitive. All Orange County cities are eligible for LFS funding, which is distributed based on population, number of existing Master Plan of Arterial Highways centerline miles, and taxable sales. Under the competitive component of M2 funding, cities must compete and demonstrate support of regional transportation to successfully qualify for grant monies. Fulfilling M2 eligibility requirements also allows the City to qualify for other regional competitive OC Go M2 grant funding opportunities. Each year, local agencies are required to submit documentation to the Orange County Transportation Authority (OCTA) that includes the End -of -Year Expenditure Report adopted via resolution. The Expenditure Report is a detailed financial document submitted by each jurisdiction which is used to track and validate financial activity related to the Renewed Measure M2 and other improvement funds. The report accounts for receipt, interest earned, and use of Measure M2 and other funds, while delineating the distribution of actual revenue and expenditures consistent with Maintenance of Effort requirements. Adoption of the Measure M2 Annual Expenditure Report by resolution City Council 30 — 1 12/7/2021 Fiscal Year 2020-21 Measure M2 Year -End Expenditure Report and Measure M2 Seven - Year CIP December 7, 2021 Page 2 (Exhibit 1) is a required reporting element that must be submitted within six months of the jurisdiction's fiscal year end. On June 3, 2021, the City Council approved the City's Seven -Year CIP, and approved and authorized the Director of Public Works/City Engineer to Submit the City of Santa Ana's Measure M2 eligibility submittals to OCTA by the June 30, 2021 deadline. On August 23, 2021, OCTA notified the City of its review of the City's submittal, and recommended that a revision be submitted for the M2 Seven -Year CIP. The requested revision is necessary in order to re -authorize expenditures of two grant allocations for current fiscal year expenditure. As requested by OCTA, staff recommends that the City Council approve the Updated Measure M2 Seven -Year CIP Project Report (Exhibit 2) to maintain eligibility for funding under the Orange County Renewed Measure M Programs. The revised M2 Seven -Year CIP Project Report is being updated to include the following projects with M2 funding: Bristol Street Improvements, Phases 3A and 4. Staff recommends that the City Council approve both Recommended Actions to continue with the flow of project funding, while maximizing grant compliance under the grant eligibility requirements presented. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the Recommended Action will maintain the City's eligibility to receive Measure M2 funds annually. Upon renewal of Measure M2 eligibility, the City of Santa Ana is anticipated to receive an estimated $4.7 million in LFS funds and potentially over $11 million in M2 competitive grant funds for Fiscal Year 2021-22. In the past, the City has received an average of $20 million dollars in combined annual revenue from M2 LFS and competitive fund program allocations. If the Recommended Actions are not approved, the City will lose Measure M2 LFS revenue, along with the ability to apply for and receive future OCTA Comprehensive Transportation Funding Program competitive grant funds. EXHIBIT(S) 1. Resolution — M2 Year -End Expenditure Report 2. Updated Measure M2 Seven -Year CIP Submitted By: Nabil Saba, Executive Dir Public Works Approved By: Kristine Ridge, City Manager City Council 30 — 2 12/7/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to the Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds. B. Local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements. C. Local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by the local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements. D. The M2 Expenditure Report shall include all Net Revenue fund balances, interest earned, and expenditures identified by type and program or project. E. The M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part of M2. Section 2. The City Council of the City of Santa Ana hereby finds that the FY 2020/21 Measure M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year, and balances at the end of fiscal year. Section 3. The M2 Expenditure Report is hereby adopted by the City of Santa Ana. Section 4. The Finance Director of the City of Santa Ana is hereby authorized to sign and submit the Measure M2 Expenditure Report to OCTA for the fiscal year 2020/21. Resolution No. 2021-XXX City Council 30 — 3 12 rtll d P Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: J�� -Ev� John M. Funk Sr. Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2021. Vicente Sarmiento Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX Page I Council 30 — 4 12/7/2021 Orange County Transportation Authority FY 2021/22 - FY 2027/28 Capital Improvement Program n in, i c � I'll ' f"13 AG1E1",/;CY 3anta /Via, C Local Project Number: Project Title Additional Project IDs: Alley Improvement Program Type of Work: Road Maintenance Project Description Type of Work Description: Road Maintenance - This project will provide for the removal of existing damaged pavement and reconstruction with Alleys Portland Cement Concrete (PCC) for alleys citywide. Limits FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL Citywide YEAR - - ESCALATED Project Notes 2022 Measure M2 Local $10,800 $0 $135,115 $0 $145,915 $150,104 Fairshare I �),st Z,,s'vised� 2` 00 /VnW(jved Totals: $10,800 $0 $135,115 $0 $145,915 $150,104 Total Programmed: $145,915 n in, i c 10 2"6 110,trl`I, AG1E1,/;CY 3anta /Via, C�,� Local Project Number: N/A Project Title Additional Project IDs: Bike Lane Project Development Type of Work: Bikeways Project Description Provides for the engineering services that are necessary for grant applications, Type of Work Description: Bikeways - Planning development/preparation of plans, specifications, bike but maintenance and estimates related to bike lane projects. Limits FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL City wide YEAR - - - ESCALATED Project Notes 2022 Measure M2 Local $80,000 $0 $0 $0 $80,000 $80,000 I ast :,�,,evi,',.,ed: 2` 00 /\,,',n,roved rflull [11 cl, 13u1/�'3u1/ Local Project Number: 21-SNTA-ICE-3995 Additional Project IDs: 21-SNTA-ICE-3995 Type of Work: Intersection Type of Work Description: Intersection - Add through lane(s) to intersection Limits Bristol St. north of Memory Lane Project Notes Sept. 2021 SAR- updated ENG scheduled completion date and ROW scheduled completion date. Updated CON start and completion dates. SEPT 2021 SAR REVIEW: NO PROJECT AMENDMENT REQUESTED; SCHEDULE UPDATED: CA 09/27/21 REMINDER: Award Deadline is 06/30/22. Fairshare 2023 Measure M2 Local Fairshare 2024 Measure M2 Local Fairshare 2025 Measure M2 Local Fairshare 2026 Measure M2 Local Fairshare 2027 Measure M2 Local Fairshare 2028 Measure M2 Local Fairshare $80,000 $0 $0 $0 $80,000 $80,000 $80,000 $0 $0 $0 $80,000 $80,000 $80,000 $0 $0 $0 $80,000 $80,000 $80,000 $0 $0 $0 $80,000 $80,000 $80,000 $o $o $o $80,000 $80,000 $80,000 $0 $0 $0 $80,000 $80,000 Totals: $560,000 $0 $0 $0 $560,000 $560,000 Total Programmed: $560,000 111119rIN'l, AG1E1",/,CY 3ant�), /\na, Project Title Bristol St. and Memory Ln. Intersection Improvements Project Description Widening of the intersection at Bristol Street and Memory Lane. The proposed project would include adding a southbound through lane by replacement/installation or curbs, gutters, sidewalk, driveway approaches, pavement, landscaping, curb ramps, and a FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL YEAR ESCALATED 2022 Intersection Capacity $0 $0 $1,012,500 $0 $1,012,500 $1,043,887 Enhancements (ICE) 2022 Other $0 $0 $337,500 $0 $337,500 $347,962 Totals: $0 $0 $1,350,000 $0 $1,350,000 $1,391,849 I ast 1::�evised: '� d: $1,350,000 [ in, r I ' 'odl f,/;CY 3ani , / ia, r, '; r, Local Project Number: 20-SNTA-ACE-3968 Project Title Additional Project IDs: 20-SNTA-ACE-3968 Bristol Street Improvements Phase 3A - Civic Center Drive to Washington Avenue Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Bristol Street from Civic Center Drive to Washington Avenue would be widened to a total of six lanes 1 lane to existing roadway in project limits (three lanes in each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange Master Plan of Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL Civic Center Drive to Washington Avenue YEAR ESCALATED Project Notes 2023 Federal $0 $0 $793,760 $0 $793,760 $843,736 SEPT 2021 SAR REVIEW: PROJECT 2023 Arterial Capacity AMENDMENT REQUESTED (24-MONTH FUNDS Enhancements (ACE) EXTENSION). CITY ADVISED BY OCTA TO 2023 Other POSTPONE FUNDS EXTENSION REQUEST TO A LATER SEMI-ANNUAL REVIEW CYCLE AFTER AWARDING A CONTRACT/ENCUMBERING PROJECT FUNDS; SCHEDULE UPDATED; CITY STATES ON TRACK TO AWARD BY THE JUNE 30, 2023 DEADLINE: CA 09/27/21 $0 $0 $3,273,573 $0 $3,273,573 $3,479,680 $0 $0 $297,431 $0 $297,431 $316,158 Totals: $0 $0 $4,364,764 $0 $4,364,764 $4,639,574 Total Programmed: $4,364,764 [in, Cl'';54,2 'odlf,/;Cl ,anta/na,/,';r, Local Project Number: 20-SNTA-ACE-3969 Project Title Additional Project IDs: 20-SNTA-ACE-3969 Bristol Street Improvements Phase 4 - Warner Avenue to St. Andrew Place Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Bristol Street from Warner Avenue to St. Andrew Place would be widened to a total of six lanes (three 2 lanes to existing roadway in project limits lanes in each direction) to be consistent with the City of Santa Ana General Plan Circulation Element and the County of Orange Master Plan of Arteri Limits FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL YEAR TOTAL ESCALATED Warner Avenue to St. Andrew Place Project Notes 2023 Other $0 $0 $992,357 $0 $992,357 $1,054,837 SEPT 2021 SAR REVIEW: NO PROJECT 2023 Federal $0 $0 $1,508,045 $0 $1,508,045 $1,602,993 AMENDMENT REQUESTED; NO SCHEDULE 2023 Arterial Capacity $0 $0 $7,501,206 $0 $7,501,206 $7,973,489 CHANGES: CA 09/27/21 REMINDER: Award Enhancements (ACE) Deadline is 06/30/23. Totals: $0 $0 $10,001,608 $0 $10,001,608 $10,631,319 00 " J r i ts"d. Total Programmed: $10,001,608 in, cil, G1 f,/; l 3anta, / r°ia, fy rf9 Local Project Number: N/A Project Title Additional Project IDs: Citywide Speed Limit Study Type of Work: Transportation Planning Project Description Type of Work Description: Transportation This project will provide for the hiring of a traffic engineering consultant to conduct an engineering and Planning - Engineering traffic survey to update speed limits Citywide in accordance with state law requirements. Project scope includes installation of new signs as Limits FISCAL TOTAL Citywide YEAR FUND TYPE ENG ROW CON/IMP 08eM TOTAL ESCALATED Project Notes 2022 Measure M2 Local $70,000 $0 $0 $0 $70,000 $70,000 Fairshare Totals: $70,000 $0 $0 $0 $70,000 $70,000 I a t �t, i e< 00 /\,,a r ov d Total Programmed: $70,000 City Council 30 — 6 12/7/2021 in,11;; 0' Local Project Number: 21-SNTA-ACE-3996 Project Title Additional Project IDs: 21-SNTA-ACE-3996 Fairview Street Improvements from 9th St. to 16th St. Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add Fairview Street is classified as a north -south Major Arterial per the City's General Plan Circulation 2 lanes to existing roadway in project limits Element (GPCE) and the County of Orange's Master Plan of Arterial Highway (MPAH). The proposed improvements would include widening Fairview Street b Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL 9th St. to 16th St. YEAR ESCALATED Project Notes 2022 Arterial Capacity $0 $1,937,250 $0 $0 $1,937,250 $1,997,305 Sept. 2021 SAR- updated ENG completion to Step 2021 and updated ROW Improv start and end dates from July to October 2021 and from March to June 2022. SEPT 2021 SAR REVIEW: NO PROJECT AMENDMENT REQUESTED; SCHEDULE UPDATED: CA 09/27/21 REMINDER: ROW Award Deadline is 06/30/22. in, II;% ciI' Local Project Number: Additional Project IDs: Type of Work: Traffic Signals Type of Work Description: Traffic Signals - Interconnect traffic signals to improve coordination and communications Limits Bolsa Chica Street in City of Huntington Beach to Newport Avenue in City of Tustin. Project Notes [III11;- ciI' Local Project Number: 20-OCTA-TSP-4002 Additional Project IDs: Type of Work: Traffic Signals Type of Work Description: Traffic Signals - Interconnect traffic signals to improve coordination and communications Limits Bolsa Chica Street in City of Huntington Beach to Newport Avenue in City of Tustin. Project Notes Project led by OCTA as First/Bolsa signal coordination. I «ri ,,i,,, dr 00 lti,,a � jv ✓d Enhancements (ACE) 2022 Federal $0 $645,750 $0 $0 $645,750 $665,768 2023 Arterial Capacity $0 $0 $3,721,590 $0 $3,721,590 $3,955,905 Enhancements (ACE) 2023 Federal $0 $0 $21,089,012 $0 $21,089,012 $22,416,797 Totals: $0 $2,583,000 $24,810,602 $0 $27,393,602 $29,035,775 Total Programmed: $27,393,602 %rl�iIr%rl I�iff'oe G1 f,,,l 3,anta/na, Project Title First Street Corridor Traffic Signal Synchronization Project Description To provide inter -agency traffic signal coordination and infrastructure upgrades on First Street/ Bolsa Avenue from Bolsa Chica Street in City of Huntington Beach through the Cities of Westminster, Santa Ana and County of Orange to Newport Avenue. FISCAL TOTAL YEAR FUND TYPE ENG ROW CON/IMP 08eM TOTAL ESCALATED 2022 Measure M2 Local $40,000 $0 $340,000 $0 $380,000 $390,540 Fairshare 2022 Measure M2 Local $40,000 $0 $340,000 $0 $380,000 $390,540 Fairshare Totals: $80,000 $0 $680,000 $0 $760,000 $781,080 Total Programmed: $760,000 Ilr%rl`iG1 f,,,l 3anta,/ ia, Project Title First Street Corridor Traffic Signal Synchronization Project Description To provide inter -agency traffic signal coordination and infrastructure upgrades on First Street/ Bolsa Avenue from Bolsa Chica Street in City of Huntington Beach through the Cities of Westminster, Santa Ana and County of Orange to Newport Avenue. FISCAL TOTAL FUND TYPE ENG ROW CON/IMP 08eM TOTAL YEAR ESCALATED 2022 Measure M2 Local $40,000 $0 $340,000 $0 $380,000 $390,540 Fairshare Totals: $40,000 $0 $340,000 $0 $380,000 $390,540 Total Programmed: $380,000 City Council 30 — 7 12/7/2021 n in, i c 'r-'i AGIEI,/;CY 3anta, Ana, CL,y f,, Local Project Number: N/A Project Title Additional Project 113s: Local Street Preventative Maintenance Type of Work: Road Maintenance Project Description Type of Work Description: Road Maintenance - Slurry seal of roadway This project provides for the application of crack seal and slurry seal to various streets City wide. Limits FISCAL FUND TYPE YEAR ENG ROW CON/IMP O&M TOTAL — TOTAL ESCALATED City wide Project Notes 2022 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,086,118 Fairshare 2023 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,174,906 Fairshare 2024 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,266,446 Fairshare 2025 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,360,824 Fairshare 2026 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,458,127 Fairshare 2027 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,558,447 Fairshare 2028 Measure M2 Local $222,000 $0 $2,778,000 $0 $3,000,000 $3,661,877 Fairshare I ast 2` 00 A,,,n�nwed Totals: $1,554,000 $0 $19,446,000 $0 $21,000,000 $23,566,745 Total Programmed: $21,000,000 nin, ci�, 'r-,ir,m AGIEI,/;CY 3anta, Ana, CL,y f,, Local Project Number: N/A Project Title Additional Project 113s: Pavement Management Type of Work: Road Maintenance Project Description Type of Work Description: Road Maintenance- The City's Pavement Management System was first prepared in 1992. This project provides for a Studies or PMP updates Citywide inventory of street pavement to identify any changes in condition and record any damage. Limits FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL Citywide YEAR ESCALATED Project Notes 2022 Measure M2 Local $325,000 $0 $0 $0 $325,000 $325,000 Fairshare Amended $50k originally listed as Gas Tax revenue to the existing $200k Local Fairshare M2 2023 Measure M2 Local $250,000 $0 $0 $0 $250,000 $250,000 revenue for the same aggregate total of $250k - Fairshare 7/6/20 [gas tax was erroneously listed as funding 2024 Measure M2 Local $400,000 $0 $0 $0 $400,000 $400,000 source in first input] Fairshare 2025 Measure M2 Local $250,000 $0 $0 $0 $250,000 $250,000 Fairshare 2026 Measure M2 Local $400,000 $0 $0 $0 $400,000 $400,000 Fairshare 2027 Measure M2 Local $250,000 $0 $0 $0 $250,000 $250,000 Fairshare 2028 Measure M2 Local $400,000 $0 $0 $0 $400,000 $400,000 Fairshare I ast 2", 00 A,,,n�nwed Totals: $2,275,000 $0 $0 $0 $2;275;000 $2,275;000 Total Programmed: $2,275,000 City Council 30-8 12/7/2021 in, i c. 112"'3 'oat 1,/;C anta / ia, /. L'y r Local Project Number: N/A Project Title Additional Project IDs: Project Development Type of Work: Administration Project Description Type of Work Description: Administration -Grant This project includes staff coordination related to grant application preparation and submittal. It also application services entails staff response to City Council, resident, and business inquires. It includes environmental, preliminary engineering, and right-of-way. Limits FISCAL FUND TYPE YEAR ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED City wide Project Notes 2022 Measure M2 Local $125,000 $0 $0 $0 $125,000 $125,000 Fairshare 2023 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare 2024 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare 2025 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare 2026 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare 2027 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare 2028 Measure M2 Local $150,000 $0 $0 $0 $150,000 $150,000 Fairshare Local Project Number: Additional Project IDs: Type of Work: Transit Type of Work Description: Transit - Stops, shelters, benches, amenities, etc. Limits Citywide Project Notes I «si ,,i,,, dr 00 lti,,a r jved. Totals: $1,025,000 $0 $0 $0 $1,025,000 $1,025,000 Total Programmed: $1,025,000 %rlPl� I'%rl I�lff',i G11",,,/;l 3anta / ia, Project Title Project W Bus Shelter Project Project Description Install new bus shelters with integral benches, trash receptacles and advertisement panels. FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL YEAR ESCALATED 2022 Measure M2 Local $0 $0 $1,030,000 $0 $1,030,000 $1,061,930 Fairshare Totals: $0 $0 $1,030,000 $0 $1,030,000 $1,061,930 Total Programmed: $1,030,000 City Council 30 — 9 12/7/2021 in, I c, 102"�/_', GI f,/; l 3anta / r°ia, /, is r,, Local Project Number: N/A Project Title Additional Project IDs: Right -of -Way Management Type of Work: Administration Project Description This project provides for the management and administration of right-of-way acquisitions/real estate Type of Work Description: Administration -Other transactions, which requires coordination of activities with the City Attorney's Office and other agencies. Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP O&M TOTAL City wide YEAR ESCALATED Project Notes 2022 Measure M2 Local $350,000 $0 $0 $0 $350,000 $350,000 Local Project Number: Additional Project IDs: Type of Work: Safety Type of Work Description: Safety - Other Limits Citywide Project Notes I �,,r,i,,t, 00 /gip, '? tii Dd Fairshare 2023 Measure M2 Local Fairshare 2024 Measure M2 Local Fairshare 2025 Measure M2 Local Fairshare 2026 Measure M2 Local Fairshare 2027 Measure M2 Local Fairshare 2028 Measure M2 Local Fairshare $150,000 $0 $0 $0 $150,000 $150,000 $150,000 $0 $0 $0 $150,000 $150,000 $150,000 $0 $0 $0 $150,000 $150,000 $150,000 $0 $0 $0 $150,000 $150,000 $150,000 $0 $0 $0 $150,000 $150,000 $150,000 $0 $0 $0 $150,000 $150,000 Totals: $1,250,000 $0 $0 $0 $1,250,000 $1,250,000 Total Programmed: $1,250,000 %rl�iI'%rl I�iff'oe GI ft l 3anta/ ia, Project Title Safe Mobility Santa Ana Update Project Description Safe Mobility Santa Ana Update will re-evaluate citywide traffic safety. The study will analyze traffic collisions, identify contributing factors or patterns, recommend improvements, develop cost estimates and prioritize recommended improvements. FISCAL TOTAL YEAR FUND TYPE ENG ROW CON/IMP 08eM TOTAL ESCALATED 2022 Agency Contribution $147,000 $0 $0 $0 $147,000 $147,000 2022 Measure M2 Local $33,000 $0 $0 $0 $33,000 $33,000 Fairshare Totals: $180,000 $0 $0 $0 $180,000 $180,000 Total Programmed: $180,000 City Council 30 - 10 12/7/2021 ', lI",,,/;l 3anta / ia, Local Project Number: Additional Project IDs: Type of Work: Transportation Planning Type of Work Description: Transportation Planning - Studies Limits City wide Project Notes Local Project Number: N/A Additional Project IDs: Type of Work: Administration Type of Work Description: Administration - Transportation planning/engineering studies Limits City wide Project Notes I «si ,,i,,, dr 00 lti,,a � jved. Project Title Traffic Management Plans Project Description Conduct a variety of traffic counts at various locations Citywide to collect data needed for traffic management planning, signal priority studies, signal timing, etc., preparation of aerial maps, and to maintain the storage and management of accident FISCAL FUND TYPE YEAR ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2022 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2023 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2024 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2025 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2026 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2027 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2028 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare Totals: $350,000 $0 $0 $0 $350,000 $350,000 Total Programmed: $350,000 ',1If,,/;l 3anta / ia, Project Title Traffic Safety Project Development Project Description Provides for the engineering design services that are necessary for grant applications, environmental documents, development/preparation of plans, specifications, and estimates related to traffic safety improvement projects. FISCAL YEAR FUND TYPE ENG ROW CON/IMP 08eM TOTAL TOTAL ESCALATED 2022 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2023 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2024 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2025 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2026 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2027 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare 2028 Measure M2 Local $50,000 $0 $0 $0 $50,000 $50,000 Fairshare Totals: $350,000 $0 $0 $0 $350,000 $350,000 Total Programmed: $350,000 City Council 30 - 11 12/7/2021 in, I C 11240 AG.1IG n i ,Gantl i ,G Local Project Number: N/A Project Title Additional Project IDs: Traffic Signal Equipment Replacement Type of Work: Traffic Signals Project Description Type of Work Description: Traffic Signals - Replace outdated traffic signal and monitoring equipment, such as cabinets, conflict monitors, Install new traffic signals and equipment controllers, CCTV, and communication equipment both in the Feld and in the traffic management center. Limits FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED City wide Project Notes 2022 Measure M2 Local $0 $0 $100,000 $0 $100,000 $103,100 Fairshare 2023 Measure M2 Local $0 $0 $100,000 $0 $100,000 $106,296 Fairshare 2024 Measure M2 Local $0 $0 $100,000 $0 $100,000 $109,591 Fairshare 2025 Measure M2 Local $0 $0 $100,000 $0 $100,000 $112,989 Fairshare 2026 Measure M2 Local $0 $0 $100,000 $0 $100,000 $116,491 Fairshare 2027 Measure M2 Local $0 $0 $100,000 $0 $100,000 $120,102 Fairshare 2028 Measure M2 Local $0 $0 $100,000 $0 $100,000 $123,826 Fairshare Totals: $0 $0 $700,000 $0 $700,000 $792,395 00 G\,a r lv d Total Programmed: $700,000 in, Cl' 'G5'3, �'/�L�i� I�'/�I Miff roe noel f,/; anta / r°ia, Cy r, Local Project Number: 21-SNTA-ACE-3997 Project Title Additional Project IDs: 21-SNTA-ACE-3997 Warner Avenue Improvements - Oak Street to Grand Avenue Type of Work: Road Widening Project Description Type of Work Description: Road Widening - Add This segment (Oak Street to Grand Avenue) is part of the Warner Avenue Improvements project from 2 lanes to existing roadway in project limits Main Street to Grand Avenue which would be widened to a total of six lanes (three lanes in each direction) to be consistent with the City of Santa Ana Ge Limits FISCAL TOTAL FUND TYPE ENG ROW CON/IMP 08eM TOTAL YEAR ESCALATED Oak Street to Grand Avenue Project Notes 2022 Arterial Capacity $0 $0 $9,076,305 $0 $9,076,305 $9,357,670 Enhancements (ACE) REVIEW:W: NO PROJECT AMENDMENTNT Sept. SAR- no changes. SEPT SAR 2022 Other $0 $0 $3,025,435 $0 $3,025,435 $3,119,223 REQUESTED; NO SCHEDULE CHANGES: CA 09/27/21 Totals: $0 $0 $12,101,740 $0 $12,101,740 $12,476,893 Total Programmed: $12,101,740 City Council 30 — 12 12/7/2021 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 31 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Athletic Facility Reservations Fees AGENDA TITLE: Approve an Amendment to Fiscal Year 2021-2022 Miscellaneous Fees Resolution specific to Athletic Facility Reservations RECOMMENDED ACTION Adopt a resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year 2021-22 specific to the athletic facility reservations. DISCUSSION On September 15, 2020, the City Council received and approved the Parks, Recreation and Community Services Agency (PRCSA) Service and Financial Sustainability Study. Through the action of receiving and approving the study, and a strategy for implementation of recommendations, the City Council accepted the use of the tools, methods, and strategies the PRCSA requires to sustain itself for the long term. On November 17, 2020, the City Council adopted Resolution 2020-083, approving a cost recovery policy (Policy) for the PRCSA. On June 1, 2021, the City Council adopted Resolution 2021-027, establishing a Uniform Schedule of Miscellaneous Fees for Fiscal Year 2021-22, including fees for PRCSA services such as recreation programs fees, zoo education program fees, and athletic facility reservation fees. On October 5, 2021, the City Council adopted Resolution 2021-056, approving an Athletics Facility Reservation Policy. Determining amendments to Fiscal Year 2021-22 Miscellaneous Fees specific to athletic facility reservations (Exhibit 2) included the following considerations: • PRCSA Cost Recovery Policy • Athletics Facility Reservation Policy • Analysis of annual maintenance costs and depreciation/replacement costs of such facilities to arrive at an average cost per hour per facility type • Group structure (resident, non-resident) City Council 31 — 1 12/7/2021 Athletic Facility Reservations Fees December 7, 2021 Page 2 • Implementing best practices The proposed resolution for fee amendments is intended only for fees directly associated with athletic facility reservations and includes the following: a) Change to group structure to correspond to the Athletic Facility Reservation Policy; includes resident and nonresident permit priorities and corresponding fees. b) Rental of a natural grass and synthetic turf fields, including consideration of an admission fee charged by user and use of sports field lights. c) Rental of a baseball and softball fields, including consideration of an admission fee charged by user and use of sports field lights. d) Rental of hardscape courts and use of sports field lights. e) Rental of a Santa Ana Stadium, including consideration of an admission fee charged by user and use of stadium lights. There are no new fees created for items that did not have fees before and the intent is only to modify athletic facility reservation fees. Droa-In Activities Reservation permits are not required for use of City facilities for all gatherings with 40 or less people (SAMC Section 31- 3.) Unreserved outdoor athletics facilities are available for drop -in use by private parties on a first -come, first -served basis. Reservations have priority over drop in/walk-on activities. Drop -in use may be limited to accommodate maintenance needs of the turf on all fields. Stadium fields and lighted sports fields are not available for drop -in activities. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Under the current fee structure the three previous Fiscal Years (FY 2017-18, FY 2018- 19, FY 2019-20) the average revenue generated by Athletic Facility Reservations (Youth Field Fees 01113002-53307 & Park Reservations 01113002-53308) was $247,000 annually. Despite operational impacts of Federal, State & County guidelines in response to the COVID-19 pandemic Athletic Facility Reservations for FY 2021-22 are currently 19% below the previously recordable fiscal year (FY 2019-20). Under the new fee structure, revenue forecasts remain uncertain due to COVID-19 guidelines that could potentially fluctuate over time. Revenue estimations with the adoption of these amended fees will remain consistent with previous years through FY 2021-22 with an increase in Athletic Facility Revenues being realized in FY 2022-23 as the Athletic Facility Reservation Policy is implemented, adjusted and optimized for maximum community impact. City Council 31 — 2 12/7/2021 Athletic Facility Reservations Fees December 7, 2021 Page 3 EXHIBIT(S) 1. Resolution amending fees in the Uniform Schedule of Miscellaneous Fees for Fiscal Year (FY) 2021-2022 specific to the Athletic Facility Reservations 2. Proposed FY 21-22 Miscellaneous Fee Schedule (Athletic Facility Reservations Section) Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 31 — 3 12/7/2021 EXHIBIT 1 LR 12.7.21 RESOLUTION NO. 2021-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE CITY'S UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2021-2022 SPECIFIC TO ATHLETIC FIELDS AND FACILITIES FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon those persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2021-2022 and is on file in the Clerk of the Council office, and incorporated by this reference. C. The Miscellaneous Fee Schedule for Fiscal Year 2021-2022 was adopted on June 1, 2021 by way of Resolution No. 2021-027. F. On September 15, 2020, the City Council received and approved the Parks, Recreation and Community Services Agency ("PRCSA") Service and Financial Sustainability Study that adopted new methodologies and tools for sustaining PRCSA services long term. G. The PRCSA Cost Recovery Policy was adopted on November 17, 2020 by way of Resolution No. 2020-083. H. The PRCSA Athletic Facility Reservation Policy was adopted on October 5, 2021 by way of Resolution 2021-056. All of the aforementioned PRCSA policies and the study work together to chart the future for the PRCSA to provide recreation and community services to the City of Santa Ana. J. The PRCSA is proposing to revise the athletic fields and facilities fees to be consistent with the methodologies and tools set forth in the aforementioned policies and study. In addition, as part of proposing this amendment to the Miscellaneous Fee Schedule, PRCSA has analyzed the City Council 31 — 4 12/7/2021 Resolution No. 2021-xx Page 1 of 3 EXHIBIT 1 cost to administer the various programs, activities and applications for which the City imposes the attached fees or service charges. K. The City Council finds, determines and declares that any new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2021-2022 is hereby amended as set forth the attached Exhibit 'A," which is a summary of changes to the PRCSA Athletic Fields and Facilities Fees. Each fee or service charge set forth in Resolution No. 2021-027 as amended shall be levied until further resolution of this Council. Section 3. To the extent that any fee established pursuant to Resolution No. 2021-027 is inconsistent with this Resolution, such inconsistencies in Resolution No. 2021-027 are hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after the date it is adopted. ADOPTED this day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By - rf 0AAA12- X . I Laura A. Rossini Chief Assistant City Attorney City Council 31 — 5 12/7/2021 Resolution No. 2021-xx Page 2 of 3 EXHIBIT 1 AYES- NOES- ABSTAIN - NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-xx to be the original resolution adopted by the City Council of the City of Santa Ana on December , 2021. Date: Clerk of the Council City of Santa Ana City Council 31-6 12/7/2021 Resolution No. 2021-xx Page 3 of 3 ExGXHIBIT 1 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES []� ATHLETIC FIELDS AND FACILITIES Ad 4 WAR R@qi @Rt/PF09it D.�R..�.. Adult NeA ..t/NeA nk Adult ResideAt,' 8f4 Pee 1'BUF A.I64 k@6i @Rt/ AI.... 12*9C4 p4p4 .4p 39-99 25.99 i8-99 45.-9 []� .th A gid@Rt/ PF09it D.�R..�.. VA-4 NAR ..t /NeR PFBfitT-R„eUF 44-99 W-99 �4061th D ��.J....t/ AI.... O...F�t D..R..�.. 2-99 n 461W o A.I64 WOR D 6id@Rt/ WOR PF994 D.. R..�.. A.I64 D..6 gf4 D.. R..�.. 44-99 4.99 Adult ..t / NeR1444T-R„eUF 9-99 �4061th 46id@"t/ PF9" 4`t o.�..,.. 2-99 Veuth ..t / NeR1444T-R„eUF 3 99 []� Ad "t WAR R@qi @Rt/PF09it D.�R..�.. Adult NeA ..t/ NeA PF84t PeF 1'BUF Adult ResideAt,' 8f4 r'eF 1'BUF A.I64 k@6i @Rt/ AI.... P*Gf4 p4p4.4p 91-99 ;4.99 59.99 49-99 []� .th A gid@Rt/ PF09it D.�R..�.. 44 ,-'c,-„B U F �4061th D 6id@..t/ AIOR 4QmP4 p4p4. p 29-99 39-99 4.99 nvc� R@q@R'@tiAR P@@ Aa....;&&k. . A.I64 WOR D 6id@Rt/ WOR PF994 D.. R..�.. A.I64 D..6 gf4 492-99 TM TnI/nT� .th girJ@Rt,'AI.... PF994 p4p4. * �4061th D..6 GF4 D.�R..�.. 4* TM TnI SyAthetiE A.I6.It WOR k@6i @Rt/PF09it D.. R.... /nT� Adult NeA ..t/NeA PF84t �UF^fnl /^*T 44 A.I64 k@6i @Rt/AI....P*Gf4 D.�R..�.. __. .th WOR k@6id@Rt/PFA94 D.�R..�.. ..t'PJ8 , PFBfit Pee 1'BUF nl/n 49-99 ;4.99 44 ,-'c,-„BUF �4061th 6id@..t/AIOR44..4 D.�R..�.. i6.99 9„99 City Council 31 — 7 12/7/2021 EXHIBIT 1 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES 5 NeA ..414jeA n o..S A o.�..,.. 999 fiefit 9-99 Adult NeA ... / n e A n rm,ver Adult ResideAt,' 44 ,-'c'I-,'-ver A.I6114 R@6i J@Rt,' AI.... 12*9C4 D&P494. 4E.99 ; 5.99 24-99 []� .th WAR gid@..t/ PF09it D.�R..�.. VA-4 NAR ..t/NeR PFBfitT-R„eUF 4 -99 999 44 PeF 1-vvr &.99 �4061th D..�R..�.. 2-99 53308 Field Turf -Natural (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 40.00 Group 5 Non -Resident Recreation Use Per Hour 40.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 40.00 53308 Field Turf -Natural (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 6.00 Group 3 Resident Recreation Use Per Hour 12.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 48.00 Group 5 Non -Resident Recreation Use Per Hour 48.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 48.00 53308 Field Turf -Synthetic (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 10.00 Group 3 Resident Recreation Use Per Hour 20.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 91.00 Group 5 Non -Resident Recreation Use Per Hour 91.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 91.00 53308 Field Turf -Synthetic (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 12.00 Group 3 Resident Recreation Use Per Hour 24.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 110.00 Group 5 Non -Resident Recreation Use Per Hour 110.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 110.00 53308 Baseball/Softball Field (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 30.00 Group 5 Non -Resident Recreation Use Per Hour 30.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 30.00 53308 Baseball/Softball Field (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 6.00 Group 3 Resident Recreation Use Per Hour 12.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 36.00 Group 5 Non -Resident Recreation Use Per Hour 36.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 36.00 City Council 31 - 8 12/7/2021 EXHIBIT 1 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES 53308 Hardscape Court Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 2.00 Group 3 Resident Recreation Use Per Hour 4.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 11.00 Group 5 Non -Resident Recreation Use Per Hour 11.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 11.00 53308 Athletic Facility Lights Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 15.00 Group 5 Non -Resident Recreation Use Per Hour 15.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 15.00 SANTA ANA STADIUM A.I64 D..6 .th WAR �4061th D..6 Veuth gf4 gid@..t/AI9R PF994 &f4 .. t / NeR n Pep Pay Do. Pay Pep Pay Pay�y ' 449-99 A ltlz,�eF 99.99 Adult NeA Adult ResideAt,' A.I64 R@6i YA .th NAR VA-4 NAR At,' NeA PFBfit 44 @Rt/ AI.... P*9. 4 gide Rt/ PF9fit ..t/NeR PFBfit 44 PeF1iver r'eF 1'ver D.�R..�.. D.�R..�.. PeF Fiver Pe ver i2g.gg 99'.99 W449 49-99 ;4.99 i6..99 57362 Stadium (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 34.00 Group 3 Resident Recreation Use Per Hour 50.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 143.00 Group 5 Non -Resident Recreation Use Per Hour 143.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 143.00 57362 Stadium (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 40.80 Group 3 Resident Recreation Use Per Hour 60.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 172.00 Group 5 Non -Resident Recreation Use Per Hour 172.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 172.00 City Council 31 — 9 12/7/2021 Exhibit 2 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES SECTION VII PARKS, RECREATION & COMMUNITY SERVICES []� ATHLETIC FIELDS AND FACILITIES Ad 4 WAR R@qi @Rt/PF09it D.�R..�.. Adult ResideAt,' 8f4 Pee 1'BUF A.I64 k@6i @Rt/ AI.... 12*9C4 p4p4 .4p 39-99 i8-99 45.-9 []� .th A gid@Rt/ PF09it D.�R..�.. VA-4 NAR ..t /NeR PFBfitT-R„eUF 44-99 W-99 �4061th D ��.J....t/ AI.... O...F�t D..R..�.. 2-99 n 461W o A.I64 WOR D 6id@Rt/ WOR PF994 D.. R..�.. A.I64 D..6 gf4 D.. R..�.. 44-99 4.99 Adult ..t / NeR1444T-R„eUF 9-99 �4061th 46id@"t/ PF9" 4`t o.�..,.. 2-99 Veuth ..t / NeR1444T-R„eUF 3 99 []� Ad "t WAR R@qi @Rt/PF09it D.�R..�.. Adult NeA ..t/ NeA PF84t PeF 1'BUF Adult ResideAt,' 8f4 r'eF 1'BUF A.I64 k@6i @Rt/ AI.... P*Gf4 p4p4.4p 91-99 ;4.99 59.99 49-99 []� .th A gid@Rt/ PF09it D.�R..�.. 44 ,-'c,-„B U F �4061th D 6id@..t/ AIOR 4Q. # p4p4. * 29-99 39-99 4.99 nvc� R@q@R'@tiAR P@@ Aa....;&&k. . A.I64 WOR D 6id@Rt/ WOR PF994 D.. R..�.. A.I64 D..6 gf4 492-99 TM TnI/nT� .th girJ@Rt,'AI.... PF994 p4p4. * �4061th D..6 GF4 D.�R..�.. 4* TM TnI SyAthetiE A.I6.It WOR k@6i @Rt/PF09it D.. R.... /nT� Adult NeA ..t/NeA PF84t �UF^fnl /^*T 44 A.I64 k@6i @Rt/AI....P*Gf4 D.�R..�.. __. .th WOR k@6id@Rt/PFA94 D.�R..�.. ..t'PJ8 , PFBfit Pee 1'BUF nl/n 49-99 ;4.99 44 ,-'c,-„BUF �4061th k 6id@..t/ AIOR44.. # D.�R..�.. i6.99 9„99 City Council 31 — 10 12/7/2021 Exhibit 2 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES 5 NeA ..414jeA n o..S A o.�..,.. 999 fiefit 9-99 Adult NeA ... / n e A n rm,ver A.I6114 R@6i J@Rt,' AI.... 12*9C4 D.�R..�.. 4E.99 24-99 []� .th WAR gid@..t/ PF09it D.�R..�.. VA-4 NAR ..t/NeR PFBfitT-R„eUF 4 -99 999 44 PeF 1-vvr &.99 �4061th D..�R..�.. 2-99 53308 Field Turf -Natural (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 40.00 Group 5 Non -Resident Recreation Use Per Hour 40.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 40.00 53308 Field Turf -Natural (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 6.00 Group 3 Resident Recreation Use Per Hour 12.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 48.00 Group 5 Non -Resident Recreation Use Per Hour 48.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 48.00 53308 Field Turf -Synthetic (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 10.00 Group 3 Resident Recreation Use Per Hour 20.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 91.00 Group 5 Non -Resident Recreation Use Per Hour 91.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 91.00 53308 Field Turf -Synthetic (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 12.00 Group 3 Resident Recreation Use Per Hour 24.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 110.00 Group 5 Non -Resident Recreation Use Per Hour 110.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 110.00 53308 Baseball/Softball Field (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 30.00 Group 5 Non -Resident Recreation Use Per Hour 30.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 30.00 53308 Baseball/Softball Field (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 6.00 Group 3 Resident Recreation Use Per Hour 12.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 36.00 Group 5 Non -Resident Recreation Use Per Hour 36.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 36.00 City Council 31 - 11 12/7/2021 Exhibit 2 REVENUE FY 21-22 ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES 53308 Hardscape Court Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 2.00 Group 3 Resident Recreation Use Per Hour 4.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 11.00 Group 5 Non -Resident Recreation Use Per Hour 11.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 11.00 53308 Athletic Facility Lights Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 5.00 Group 3 Resident Recreation Use Per Hour 10.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 15.00 Group 5 Non -Resident Recreation Use Per Hour 15.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 15.00 SANTA ANA STADIUM A.I64 D..6 .th WAR �4061th D..6 Veuth gf4 gid@..t/AI9R PF994 &f4 .. t / NeR n Pep Pay Do. Pay Pep Pay Pay�y ' 449-99 A ltlz,�eF 99.99 Adult NeA Adult ResideAt,' A.I64 R@6i YA .th NAR VA-4 NAR At,' NeA PFBfit 44 @Rt/ AI.... P*9. 4 gide Rt/ PFBfit ..t/NeR PFBfit 44 PeF1iver r'eF 1'ver D.�R..�.. D.�R..�.. PeF Fiver Pe ver i2g.gg 99'.99 W449 49-99 ;4.99 i6..99 57362 Stadium (No Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 34.00 Group 3 Resident Recreation Use Per Hour 50.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 143.00 Group 5 Non -Resident Recreation Use Per Hour 143.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 143.00 57362 Stadium (Admission Fee) Group 1 City -Sponsored Per Hour 0.00 Group 2 Youth Non -Profit Organization (Youth Sports Coalition) Per Hour 40.80 Group 3 Resident Recreation Use Per Hour 60.00 Group 4 Resident Commercial (Profit -Making) Use Per Hour 172.00 Group 5 Non -Resident Recreation Use Per Hour 172.00 Group 6 Non -Resident Commercial (Profit -Making) Use Per Hour 172.00 City Council 31 — 12 12/7/2021 Police Department www.santa-ana.org/pd Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Homeland Security Grant Program Funding AGENDA TITLE: Approve Resolution and Agreement and Appropriation Adjustments for Fiscal Year (FY) 2020 Homeland Security Grant Program Funding in the Amount of $1,423,822 and Additional FY 2021 Funding of $120,000 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager and the Chief of Police to enter into the attached Sub - Recipient agreement with the City of Anaheim for reimbursement of funds expended for the purchase of equipment, services, personnel, training and exercises authorized under the FY 2020 Urban Areas Security Initiative in an amount of $1,423,822, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Adopt a resolution authorizing the City Manager and the Chief of Police, or their designee(s), to enter into an agreement with the City of Anaheim for the FY 2020 Urban Areas Security Initiative (UASI) Funding Program in the amount of $1,432,822. 3. Approve an Appropriation Adjustment recognizing $1,423,822 in the FY 2020 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514491 — various). (Requires five affirmative votes) 4. Approve an Appropriation Adjustment recognizing $120,000 in the FY 2021 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditures accounts (nos.12514407 — various). (Requires five affirmative votes) DISCUSSION The United States Department of Homeland Security (DHS) developed the Urban Areas Security Initiative funding program (UASI), which provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti -terror equipment, planning, training, exercises and technical assistance. In FY 2006 the United States Department of Homeland Security combined the Anaheim UASI and the Santa Ana UASI into a single Urban Area. The City of Santa Ana now City Council 32 — 1 12/7/2021 Homeland Security Grant Program Funding December 7, 2021 Page 2 shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2020 funding and is therefore the UASI Sub -Grantee, with the City of Santa Ana designated as a sub -recipient through Anaheim. The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complimentary strategies for responding to acts of terrorism. The FY 2020 funds will be used in support of the Homeland Security Training and Exercise Program to enhance regional training and exercise capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. The funding will also be used to sustain and maintain the ReadyOC Emergency Preparedness Campaign, the "If You See Something, Say Something" Public Awareness Campaign, and the Orange County Civic Center Video Surveillance System. The FY 2021 Appropriation Adjustment is the result of the California Office of Emergency Services awarding an additional $120,000 to Orange County Information and Assessment Center via the Anaheim/Santa Ana UASI. The original resolution and approval for initial FY 2021 UASI grant funding occurred through City Council action occurring on May 4, 2021, Resolution #2021-020. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT FY 2020, the Appropriation Adjustment will recognize the additional $1,423,822 in the FY 2020 Urban Areas Security Initiative revenue account (no. 12514002-52001) and appropriate same to expenditure accounts (nos. 12514491-various). Funds will be budgeted by fiscal year as follows: Fiscal Year Accounting Unit- Account # Accounting Unit, Account Description Amount FY 2021-22 12514491-various UASI Cal OES Anaheim - Various $831,238 FY 2022-23 12514491-various UASI Cal OES Anaheim - Various $592,584 Total $1,423,822 FY 2021, the Appropriation Adjustment will recognize the additional $120,000 in the FY 2021 Urban Areas Security Initiative revenue account (no. 12514002-52001) and City Council 32 — 2 12/7/2021 Homeland Security Grant Program Funding December 7, 2021 Page 3 appropriate same to expenditure accounts (nos. 12514407-various). Funds will be budgeted by fiscal year as follows: Fiscal Year Accounting Unit- Account # Accounting Unit, Account Description Amount FY 2022-23 12514407-various UASI Cal OES Santa Ana - Various $84,000 FY 2023-24 12514407-various UASI Cal OES Santa Ana - Various $36,000 Total $120,000 EXHIBIT(S) 1. FY 2020 Sub -Recipient Award Letter from the City of Anaheim 2. FY 2020 UASI Transfer Agreement 3. FY 2020 Resolution Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 32 — 3 12/7/2021 Exhibit 1 ANAHEIM POLICE DEPARTMENT TO MAINTAIN A SAFE COMMUNITY TO LIVE, WORK, AND PLAY November 10, 2021 Kristine Ridge, City Manager City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 SUBJECT: Notification of Sub -Recipient Award Fiscal Year (FY) 2020 Urban Area Security Initiative (UASI) Program Grant #2020-0095, Cal OES #059-95010; CFDA# 97.067 Sub -Recipient Performance Period: August 31, 2021 to March 31, 2023 Requesting Jurisdiction: City of Santa Ana DUNS No. 08-3153247 Projects: 016 — OC Civic Center Maintenance (NP) $195,340 018 — Public Awareness Campaign $100,000 022 — Emergency Preparedness Campaign $100,000 Regional Training Program (NP) $396,443 (Project No. 008, 010, 019, and 023) Regional Exercise Program (NP) $206,745 (Project No. 009, 020, and 024) Program Management (NP) $315,000 (Project No. 002, 016, 018, 022, 025) 027 - Management & Administration $110,294 Total Award: $1,423,822 Dear Ms. Ridge: This letter serves to inform you that the City of Santa Ana has been approved for grant funding under the FY2020 Urban Areas Security Initiative (UASI) Grant Program in the amount of $1,423,822. Once your completed eligibility packet, including signed UASI Transfer Agreement, is received and an executed copy of the agreement is on file, reimbursement may be requested for eligible expenditures using the appropriate Anaheim/Santa Ana UASI (ASAUA) forms. As part of the Homeland Security Grant Program (HSGP) Investment Justification and Grant Application process, project applications submitted by the City of Santa Ana were reviewed and City Council 32 — 4 12/7/2021 425 S. HARBOR BLVD., ANAHEIM, CA 92805 1 T: (714) +65-1900 I F:' (714) 765-1690 I WWW.ANAHEIMPD.ORG evaluated based on federal program priorities, regional benefit, and degree of applicability to the overarching Anaheim/Santa Ana Urban Area goals and objectives. Throughout the grant cycle, the ASAUA Grant Office will use projected milestones and performance measures to assess project status and overall grant compliance. All activities funded with this award must be completed within the Sub -Recipient performance period. It is critical that all City of Santa Ana employees that are involved in the FY20 UASI Grant Program become familiar with the Transfer Agreement between the City of Anaheim and the City of Santa Ana regarding the FY20 UASI Grant Program as well as the FY20 Homeland Security Grant Notice of Funding Opportunity, the FY20 Homeland Security Grant Program California Supplemental Guidance, and the FY20 Anaheim/Santa Ana UASI (ASAUA) Sub -Recipient Grant Guide. This subaward is subject to the requirements in 2 CFR, Part 200. It imperative that the Anaheim UASI Office is contacted before any projects are procured to ensure that Environmental Historic Preservations (EHP), Aviation/Watercraft, and Establish/Enhance Emergency Operations Center requirements have been met, as well as financial regulations pertaining to sole source. Any modifications to projects identified as a National Priority Project (designated on the project list with (NP)) will require prior approval from CalOES/FEMA. We will seek any applicable requests and approvals on your behalf to the California Governor's Office of Emergency Services (CaIOES). Sub -Recipients are also required to obtain a performance bond prior to the purchase of any equipment item over $250,000. Performance bonds must be forwarded to the ASAUA Grant Office for submission to CalOES no later than time of reimbursement. Reimbursement for overtime and backfill for training is no longer offered by the ASAUA however, the grant will continue to provide reimbursement for personnel who assist with the instruction and delivery of the approved UASI courses. The funding allocation below is being provided as an estimated value of training instructor participation based on the number of first responders in your agency that have been approved to teach. It is being provided for your City's respective internal budgetary needs only and does not reflect a direct allocation as in the past. Additional funds may be awarded at a later time depending on your agency's participation and available dollars. Regional Training Program — Instructor Participation Police Department: $54,532.84 Sub -Recipients are encouraged to seek reimbursement through the grant cycle, as funds are expended. Final Training Reimbursement Requests are due no later than December 31, 2022. Final reimbursement requests for all other approved project costs are due no later than March 31, 2023. This grant is subject to all provisions of 2 CFR Part 200 Subpart F — Audit Requirements. Sub - recipients are required to submit copies of completed Single Audit Reports to the ASAUA Grant Office, along with any Corrective Action Plans as a result of HSGP findings. City Council 32 — 5 12/7/2021 A dated signature from you, or your authorized designee, is required below. Please sign and return the original to the ASAUA Grant Office and retain a copy for your files. If you have any questions regarding this letter, please feel free to contact UASI Grant Coordinator Kerrstyn Vega at (714) 765- 1445 or kyg.g2... ....!!.g][].�.!.!" ....net:. Sincerely, RICHARD LAROCHELLE, JR. Lieutenant CC: AUTHORIZED AGENT Print Name of Signatory: Date City of Santa Ana City Council 32 — 6 12/7/2021 Exhibit 2 AGREEMENT SUB -RECIPIENT: CITY OF SANTA ANA City Contract Number City Council 32 — 7 12/7/2021 Section Description TABLE OF CONTENTS I INTRODUCTION Page §101. Parties to the Agreement 3 §102. Representatives of the Parties and Service of Notices 3 §103. Independent Party 4 §104. Conditions Precedent to Execution of this Agreement 4 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance §202. Use of Grant Funds 5 5 III PAYMENT §301. Payment of Grant Funds and Method of Payment 9 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein 10 §402. Applicable Law, Interpretation and Enforcement 10 §403. Integrated Agreement 10 §404. Excusable Delays 10 §405. Breach 11 §406. Prohibition Against Assignment or Delegation 11 §407. Permits 11 §408. Bonds 11 City Council 32 — 8 12/7/2021 TABLE OF CONTENTS Section Description Page §409. Indemnification 11 §410. Conflict of Interest 12 §411. Restriction on Disclosures 13 §412. Statutes and Regulations Applicable to All Grant Contracts 13 §413. Federal, State, and Local Taxes 17 §414. Inventions, Patents and Copyrights 17 §415. MBENVBE 19 V DEFAULTS, SUSPENSION, TERMINATION, AND AMENDMENTS §501. Defaults 20 §502. Amendments 20 V ENTIRE AGREEMENT §601. Complete Agreement 21 §602. Number of Pages and Attachments 21 Execution (Signature) Page 22 EXHIBITS Exhibit A CalOES FY2020 Grant Assurances Exhibit B Certification Regarding Debarment, Suspension and Other Responsibility Matters Exhibit C Certification Regarding Lobbying City Council 32 — 9 12/7/2021 Agreement Number: AGREEMENT FOR TRANSFER OR PURCHASE OF EQUIPMENT/SERVICES OR FOR REIMBURSEMENT OF TRAINING COSTS FOR FY2020 URBAN AREAS SECURITY INITIATIVE (UASI) BETWEEN THE CITY OF ANAHEIM AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 20 , by and between the CITY OF ANAHEIM, a municipal corporation (the "CITY"), and CITY OF SANTA ANA (the "SUB -RECIPIENT" or "Contractor"). WITNESSETH WHEREAS, CITY, acting through the Anaheim Police Department in its capacity as a Core City for the Anaheim/Santa Ana Urban Area under the FY2020 Urban Areas Security Initiative, has applied for, received and accepted a grant entitled "FY 2020 Urban Areas Security Initiative" from the federal Department Of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), through the State of California Governor's Office of Emergency Services (CalOES), to enhance countywide emergency preparedness (the "grant"), as set forth in the grant guidelines and assurances that are incorporated to this Agreement by reference and located at: "U.S. Department of Homeland Security "Fiscal Year 2020 Homeland Security Grant Program (HSGP) Notice of Funding Opportunity (NOFO)" https://www.fema.gov/sites/default/files/2020-08/fema homeland-security-grantprogram-nofo fy-2020.pdf California Office of Emergency Services "FY2020 Homeland Security Grant Program: California Supplement to Federal Program Guidance and Application Kit" https://www caloes ca qov/GrantsManagementSite/Documents/FY%202020%20H SGP%20State%20Supplement.pdf Copies of the grant guidelines shall be retained in the Anaheim/Santa Ana Grant Office. WHEREAS, this financial assistance is administered by the CITY OF ANAHEIM ("CITY") and is overseen by the California Governor's Office of Emergency Services ("CalOES"); and WHEREAS, this financial assistance is being provided to address the unique equipment, training, planning, and exercise needs of large urban areas, and to assist them in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism; and City Council 1 32 — 10 12/7/2021 WHEREAS, the Anaheim/Santa Ana Urban Area ("ASAUA") consists of 34 cities in Orange County, including the City of Anaheim and the City of Santa Ana, the County of Orange, Santa Ana Unified School District Police, California State University, Fullerton, University of California, Irvine, Municipal Water District of Orange County, and the Orange County Fire Authority; and WHEREAS, the Office of Grants Management ("OGM") awarded a FY2020 UASI Grant of $5,056,750 ("Grant Funds") to the CITY OF ANAHEIM, as a Core City, for use in the ASAUA; and WHEREAS, the CITY has designated the Chief of Police, or his designee and the Anaheim Police Department, Emergency Management Director ("UASI Grant Office") to provide for terrorism prevention and emergency preparedness; and WHEREAS, the UASI Grant Office now wishes to distribute FY2020 UASI Grant Funds throughout the ASAUA, as further detailed in this Agreement ("Agreement") to CITY OF SANTA ANA ("SUB -RECIPIENT") and others; WHEREAS, the CITY and SUB -RECIPIENT are desirous of executing this Agreement as authorized by the City Council and the Chief of Police which authorizes the CITY to prepare and execute the Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: City Council 2 32 — 11 12/7/2021 I INTRODUCTION §101. Parties to the Agreement The parties to this Agreement are: A. The CITY, a municipal corporation, having its principal office at 425 South Harbor Boulevard, Anaheim, CA 92805; and B. CITY OF SANTA ANA, a municipal corporation, 60 Civic Center Plaza, Santa Ana, CA 92701 §102. Representatives of the Parties and Service of Notices A. The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows: 1. The representative of the City of Anaheim shall be, unless otherwise stated in the Agreement: Richard LaRochelle, Lieutenant Anaheim Police Department 425 South Harbor Boulevard Anaheim, CA. 92805 Phone: (714) 765-3833 Fax: (714) 765-1616 rlarochelle@anaheim.net 2. The representative of CITY OF SANTA ANA shall be: Name: Richard Weber Title: Police Commander Sub Recipient Name: City of Santa Ana Sub Recipient Address: 60 Civic Center Plaza City Santa Ana State: CA Zip: 92701 Phone: _(714) 245-8730 E-mail: rweber(o�santa-ana.ora B. Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by registered or certified mail, postage prepaid, return receipt reauested and shall be deemed communicated as of the date of mailing. City Council 3 32 — 12 12/7/2021 C. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accord with this section, within five (5) business days of said change. §103. Independent Party SUB -RECIPIENT is acting hereunder as an independent party, and not as an agent or employee of the CITY OF ANAHEIM. No employee of SUB -RECIPIENT is, or shall be an employee of the CITY OF ANAHEIM by virtue of this Agreement, and SUB -RECIPIENT shall so inform each employee organization and each employee who is hired or retained under this Agreement. SUB -RECIPIENT shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the CITY OF ANAHEIM. §104. Conditions Precedent to Execution of This Agreement SUB -RECIPIENT shall provide copies of the following documents to the CITY OF ANAHEIM, unless otherwise exempted. A. Grant Assurances in accordance with section 413C of this Agreement attached hereto as Exhibit A and made part hereof. B. Certifications Regarding Ineligibility, Suspension and Debarment as required by Executive Order 12549 in accordance with Section 413Al2 of this Agreement and attached hereto as Exhibit B and made a part hereof. C. Certifications and Disclosures Regarding Lobbying in accordance with Section 413A4 of this Agreement and attached hereto as Exhibit C and made a part hereof. SUB -RECIPIENT shall also file a Disclosure Form at the end of each calendar quarter in which there occurs any event requiring disclosure or which materially affects the accuracy of the information contained in any Disclosure Form previously filed by SUB -RECIPIENT. City Council 4 32 — 13 12/7/2021 11 TERM AND SERVICES TO BE PROVIDED §201. Time of Performance The term of this Agreement shall commence on 8/31/2021 and end on 3/31/2023 or upon the final disbursement of all of the Grant Amount (as defined in Section 301) and any additional period of time as is required to complete any necessary close out activities. Said term is subject to the provisions herein. §202. Use of Grant Funds A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services purchased with grant funds and in accordance with grant guidelines set forth above; or, b) reimburse SUB -RECIPIENT for purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB -RECIPIENT'S purchasing and bidding procedures. SUB -RECIPIENT shall specify the equipment, services, exercises and training to be purchased using the Application for Project Funding. A paper copy of this document will be provided to SUB - RECIPIENT by CITY. In addition, a compact disc with a copy of the document will be provided to SUB -RECIPIENT by CITY. If additional copies of the document are needed, SUB -RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. B. SUB -RECIPIENT shall provide any reports requested by the CITY regarding the performance of the Agreement. Reports shall be in the form requested by the CITY, and shall be provided in a timely manner. C. SUB -RECIPIENT shall provide the CITY a copy of its most current procurement guidelines and follow its own procurement requirements as long as they meet the minimum federal requirements. Federal procurement requirements for the FY2020 UASI Grant can be found at 2 Code of Federal Regulations (CFR) Part 200 "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." D. The Authorized Equipment List (AEL) is a list of the allowable equipment which may be purchased pursuant to this Agreement and is located at https://www.fema.ciov/authorized-equipment-list, and incorporated to this Agreement by reference. A copy of the AEL shall be retained in the Anaheim/Santa Ana Grant Office. Unless otherwise stated in program guidance any equipment acquired pursuant to this Agreement shall meet all mandatory regulations and/or DHS-adopted standards to be eligible for purchase using grant funds. Any equipment acquired or obtained with Grant Funds: City Council s 32 — 14 12/7/2021 1. Shall be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant; 2. Shall be consistent with needs as identified in the National Priorities and Core Capabilities, the State Homeland Security Strategy and the Anaheim/Santa Ana Urban Area and Orange County Operational Area Homeland Security Grants Strategy, the Threat Hazard Identification and Risk Assessment (THIRA), the State Preparedness Report; and deployed in conformance with those plans; 3. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan; 4. Shall be subject to the requirements of Title 2 CFR Part 200.313 and 200.314. For the purposes of this subsection, "Equipment" is defined as nonexpendable property that is not consumed or does not lose its identity by being incorporated into another item of equipment, which costs $5,000 or more per unit, or is expected to have a useful life of one (1) year or more. 5. Shall be used by SUB -RECIPIENT in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by Federal funds. When no longer useful for the original program or project, the Equipment may be used in other activities currently or previously supported by a Federal agency. 6. Shall be made available for use on other projects or programs currently or previously supported by the Federal Government, providing such use will not interfere with the work on the projects or program for which it was originally acquired. First preference for other use shall be given to other programs or projects supported by the awarding agency. 7. Shall be recorded on a ledger. The record shall include: (a) description of the item of Equipment, (b) serial number or other identification number, (c) the source of funding for the property (including FAIN); (d) who holds the title, (e) date of acquisition; (f) the per unit acquisition cost of the Equipment, (g) percentage of federal participation in the project costs for the Federal award under which the property was acquired, (h) location, and (i)use and City Council 6 32 — 15 12/7/2021 condition of Equipment, and 0) ultimate disposition data including the date of disposal and sale price of the property. Records must be retained pursuant to 2 CFR Part 200.313. 8. All equipment obtained under this Agreement shall have an ASAUA identification decal affixed to it, and, when practical, shall be affixed where it is readily visible. 9. A physical inventory of the Equipment shall be taken and the results reconciled with the Equipment records at least once every two years. Inventory shall also be taken prior to any UASI, State or Federal monitor visits. 10.SUB-RECIPIENT shall exercise due care to preserve and safeguard equipment acquired with grant funds from damage or destruction and shall provide regular maintenance and such repairs for said equipment as necessary, in order to keep said equipment continually in good working order. Such maintenance and servicing shall be the sole responsibility of SUB -RECIPIENT, who shall assume full responsibility for maintenance and repair of the equipment throughout the life of said equipment. 11. SUB -RECIPIENT shall identify a Point -of -Contact (POC) to be responsible for all Equipment prior to the receipt of the item(s). POC will serve as the custodian of the Equipment. SUB -RECIPIENT shall notify the CITY of any change in the POC and assume the responsibility of advising the new custodian of all UASI grant program guidelines and requirements. 12. SUB -RECIPIENT shall contact the ASAUA Grant Office prior to initiating the disposition process. Disposal of equipment shall be conducted pursuant to 2 CFR Part 200.313. The ASAUA will contact the awarding agency for disposition instructions, if necessary, prior to any action being taken. E. Any training paid pursuant to this Agreement shall conform to the guidelines as listed in FY2020 Homeland Security Grant Program, as set forth above. All training expenses must be pre -authorized by WOES at https://www.caloes.ca.qov/CaliforniaSpecializedTraininglnstituteSite/Documen ts/HSG%20Funds%20Tracking%20Number%20Reg uest%20Form. pdf. A catalogue of Grantor approved and sponsored training courses is available at https://cdp.dhs.,qov/. F. Any exercise paid pursuant to this Agreement shall conform to the guidelines as listed in FY2020 Homeland Security Grant Program, as set forth above. Detailed Homeland Security Exercise and Evaluation Program Guidance is available at https://www.fema.gov/media-library/assets/documents/32326. G. Any planning paid pursuant to this Agreement shall conform to the guidelines City Council 7 32 — 16 12/7/2021 as listed in FY2020 Homeland Security Grant Program, as set forth above. H. Any organizational activities paid pursuant to this Agreement shall conform to the guidelines as listed in FY2020 Homeland Security Grant Program, as set forth above. City Council 8 32 — 17 12/7/2021 III PAYMENT §301. Payment of Grant Funds and Method of Payment A. CITY may, a) transfer to SUB -RECIPIENT, equipment or services purchased with grant funds; or, b) reimburse SUB -RECIPIENT for the purchase of authorized equipment, exercises, services or training upon receiving prior written approval from CITY or its designee and in accordance with grant guidelines and in full compliance with all of the SUB -RECIPIENT'S purchasing and bidding procedures. SUB -RECIPIENT shall specify the equipment, exercises, services or training to be purchased using the Application for Project Funding. A copy of this document will be provided to SUB -RECIPIENT by CITY. If additional copies of the document are needed, SUB -RECIPIENT may contact the Anaheim Grant Coordinator and it will be provided. Funds may be used for planning, exercises, organizational and training activities, and the purchase of equipment as described in Section 202 above. B. SUB -RECIPIENT shall provide invoices to the CITY requesting payment and all supporting documentation. Each reimbursement request shall be accompanied by the Reimbursement Request for Grant Expenditures detailing the expenditures made by SUB -RECIPIENT as authorized by Section 202 above. Each reimbursement request shall be submitted to the Anaheim UASI Grant Office. For equipment for which SUB -RECIPIENT is requesting reimbursement, all appropriate back-up documentation must be attached to the reimbursement form, including invoices, proof of payment, packing slips, and Equipment Reimbursement Worksheet. For training reimbursements, SUB - RECIPIENT must include a copy of any certificates issued or a copy of the class roster verifying training attendees, proof that a CalOES tracking number has been assigned to the course, timesheets and payroll registers for all training attendees, receipts for travel expenses related to the training, and Training Reimbursement Worksheet. For regional project reimbursements, SUB -RECIPIENT must include approval from the lead agency for all submitted invoices. C. Payment of final invoice shall be withheld by the CITY until the SUB - RECIPIENT has turned in all supporting documentation and completed the requirements of this Agreement. D. It is understood that the CITY makes no commitment to fund this Agreement beyond the terms set forth herein. E. Funding for all periods of this Agreement is subject to the continuing availability to the CITY of federal funds for this program. The Agreement may be terminated immediately upon written notice to SUB -RECIPIENT of a loss or reduction of federal grant funds. City Council 9 32 — 18 12/7/2021 IV STANDARD PROVISIONS §401. Construction of Provisions and Titles Herein All titles or subtitles appearing herein have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party. The word "Sub -recipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Sub -recipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include the genders not used. §402. Applicable Law, Interpretation and Enforcement Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, and the CITY. This Agreement shall be enforced and interpreted under the laws of the State of California and the CITY. If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions of provisions shall not be affected thereby. §403. Integrated Agreement This Agreement sets forth all of the rights and duties of the parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only by a written instrument executed by both parties hereto. §404. Excusable Dela In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension. Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine City Council 10 32 — 19 12/7/2021 restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control. §405. Breach Except for excusable delays, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except that in no event shall any party recover more than once, suffer a penalty or forfeiture, or be unjustly compensated. §406. Prohibition Against Assignment or Delegation SUB -RECIPIENT may not, unless it has first obtained the written permission of the CITY: A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §407. Permits SUB -RECIPIENT and its officers, agents and employees shall obtain and maintain all permits and licenses necessary for SUB -RECIPIENT performance hereunder and shall pay any fees required therefore. SUB -RECIPIENT further certifies to immediately notify the CITY of any suspension, termination, lapses, non -renewals or restrictions of licenses, certificates, or other documents. §408. Bonds SUB -RECIPIENT must purchase a performance bond for any equipment item over $250,000 or any vehicle (including aircraft or watercraft) financed with homeland security funds. SUB -RECIPIENT must provide a copy of performance bond to CITY no later than the time of reimbursement. §409. Indemnification To the fullest extent of the law, SUB -RECIPIENT agrees to indemnify, defend, and hold harmless the City of Anaheim, its officers, agents, employees, representatives and designated volunteers from and against any and all claims, demands, defense costs, or liability of any kind or nature arising out of or resulting from, or any way connected with SUB -RECIPIENT'S acts, errors or omissions in the performance of SUB -RECIPIENT'S services or use of grant funds under the terms of this Agreement. City Council 11 32 — 20 12/7/2021 §410. Conflict of Interest A. SUB -RECIPIENT covenants that none of its directors, officers, employees, or agents shall participate in selecting, or administrating any subcontract supported (in whole or in part) by Federal funds where such person is a director, officer, employee or agent of the subcontractor; or where the selection of subcontractors is or has the appearance of being motivated by a desire for personal gain for themselves or others such as family business, etc.; or where such person knows or should have known that: 1. A member of such person's immediate family, or domestic partner or organization has a financial interest in the subcontract; 2. The subcontractor is someone with whom such person has or is negotiating any prospective employment; or 3. The participation of such person would be prohibited by the California Political Reform Act, California Government Code §87100 et seq. if such person were a public officer, because such person would have a "financial or other interest" in the subcontract. B. Definitions: 1. The term "immediate family" includes but is not limited to domestic partner and/or those persons related by blood or marriage, such as husband, wife, father, mother, brother, sister, son, daughter, father in law, mother in law, brother in law, sister in law, son in law, daughter in law. 2. The term "financial or other interest" includes but is not limited to: a. Any direct or indirect financial interest in the specific contract, including a commission or fee, a share of the proceeds, prospect of a promotion or of future employment, a profit, or any other form of financial reward. b. Any of the following interests in the subcontractor ownership: partnership interest or other beneficial interest of five percent or more; ownership of five percent or more of the stock; employment in a managerial capacity; or membership on the board of directors or governing body. C. The SUB -RECIPIENT further covenants that no officer, director, employee, or agent shall solicit or accept gratuities, favors, anything of monetary value from any actual or potential subcontractor, supplier, a party to a sub agreement, (or persons who are otherwise in a position to benefit from the actions of any officer, employee, or agent). D. The SUB -RECIPIENT shall not subcontract with a former director, officer, or employee within a one year period following the termination of the relationship City Council 12 32 — 21 12/7/2021 between said person and the Contractor. E. Prior to obtaining the CITY'S approval of any subcontract, the SUB - RECIPIENT shall disclose to the CITY any relationship, financial or otherwise, direct or indirect, of the SUB -RECIPIENT or any of its officers, directors or employees or their immediate family with the proposed subcontractor and its officers, directors or employees. F. For further clarification of the meaning of any of the terms used herein, the parties agree that references shall be made to the guidelines, rules, and laws of the SUB -RECIPIENT, State of California, and Federal regulations regarding conflict of interest. G. The SUB -RECIPIENT warrants that it has not paid or given and will not pay or give to any third person any money or other consideration for obtaining this Agreement. H. The SUB -RECIPIENT covenants that no member, officer or employee of SUB -RECIPIENT shall have interest, direct or indirect, in any contract or subcontract or the proceeds thereof for work to be performed in connection with this project during his/her tenure as such employee, member or officer or for one year thereafter. I. The SUB -RECIPIENT shall incorporate the foregoing subsections of this Section into every agreement that it enters into in connection with this project and shall substitute the term "subcontractor" for the term "SUB -RECIPIENT" and "sub subcontractor" for "Subcontractor". §411. Restriction on Disclosures Any reports, analysis, studies, drawings, information, or data generated as a result of this Agreement are to be governed by the California Public Records Act (California Government Code Sec. 6250, et seq.). §412. Statutes and Regulations Applicable To All Grant Contracts A. Compliance With Grant Assurances To obtain the Grant Funds, the Grantor required an authorized representative of the CITY to sign certain promises regarding the way the Grant Funds would be spent ("Grant Assurances"), attached hereto as Exhibit A. By signing these Grant Assurances, the CITY became liable to the Grantor for any funds that are used in violation of the grant requirements. SUB -RECIPIENT shall be liable to the Grantor for any funds the Grantor determines SUB -RECIPIENT used in violation of these Grant Assurances. SUB -RECIPIENT shall indemnify and hold harmless the CITY for any sums the Grantor determines SUB - RECIPIENT used in violation of the Grant Assurances. B. SUB -RECIPIENT shall comply with all applicable requirements of state, federal, county and SUB -RECIPIENT laws, executive orders, regulations, program and City Council 13 32 — 22 12/7/2021 administrative requirements, policies and any other requirements governing this Agreement. SUB -RECIPIENT shall comply with state and federal laws and regulations pertaining to labor, wages, hours, and other conditions of employment. SUB -RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Office of Management and Budget (OMB) Circulars SUB -RECIPIENT shall comply with 2 Code of Federal Regulations (CFR) Part 200 (Uniform Administrative, Cost Principles, and Audit Requirements for Federal Awards). 2. Single Audit Act If Federal funds are used in the performance of this Agreement, SUB -RECIPIENT shall adhere to the rules and regulations of the Single Audit Act, 31 USC Sec. 7501 et seq.; Title 2 Code of Federal Regulations, Part 200, Subpart F Audit Requirements; and any administrative regulation or field memos implementing the Act. When reporting under on the FY2020 UASI Grant Program under the Single Audit Act, SUB -RECIPIENT shall use Catalog of Federal Domestic Assistance (CFDA) Program Number 97.067 "Homeland Security Grant Program"; Grant Identification Number 2020-0095; and identify the City of Anaheim as the Pass -Through. 3. Records Maintenan Records, in their original form, shall be maintained in accordance with requirements prescribed by the CITY with respect to all matters covered on file for all documents specified in this Agreement. Original forms are to be maintained on file for all documents specified in this Agreement. Such records shall be retained for a period of three (3) years after the CITY receives notification of grant closeout from CalOES, and after final disposition of all pending matters. "Pending matters" include, but are not limited to, an audit, litigation or other actions involving records. The CITY may, at its discretion, take possession of, retain and audit said records. Records, in their original form pertaining to matters covered by this Agreement, shall at all times be retained within the County of Orange unless authorization to remove them is granted in writing by the CITY. 4. Subcontracts and Procurement SUB -RECIPIENT shall comply with the federal and SUB - RECIPIENT standards in the award of any subcontracts. For purposes of this Agreement, subcontracts shall include but not be limited to purchase agreements, rental or lease agreements, third party aareements, consultant service contracts and City Council 14 32 — 23 12/7/2021 construction subcontracts. SUB -RECIPIENT shall ensure that the terms of this Agreement with the CITY are incorporated into all Subcontractor Agreements. The SUB -RECIPIENT shall submit all Subcontractor Agreements to the CITY for review prior to the release of any funds to the subcontractor. The SUB -RECIPIENT shall withhold funds to any subcontractor agency that fails to comply with the terms and conditions of this Agreement and their respective Subcontractor Agreement. 5. Civil Rights SUB -RECIPIENT shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601, et seq.), as amended, relating to non-discrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; 0) the requirements of any other nondiscrimination statute(s) which may apply to the application; and (k) P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 6. Telecommunications (2 CFR 200.216) SUBRECIPIENT will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or City Council 15 32 — 24 12/7/2021 extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. C. Statutes and Regulations Applicable To This Particular Grant SUB -RECIPIENT shall comply with all applicable requirements of state and federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this particular grant program. SUB -RECIPIENT shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement. These requirements include, but are not limited to: 1. Title 2 Code of Federal Regulations (CFR) Part 200; EO 12372; Department of Justice (DOJ) Office of Judicial Programs (OJP) Office of the Comptroller, U.S. Department of Homeland Security, Preparedness Directorate Financial Management Guide; U.S. Department of Homeland Security, Office of Grants and Training, FY 2020 Homeland Security Grant Program —Notice of Funding Opportunity; ODP WMD Training Course Catalogue; and DOJ Office for Civil Rights. Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445-2448. Provisions of 44 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 35, Nondiscrimination on the Basis of Disability in State and Local Government Services; Part 38, Equal Treatment of Faith -based Organizations; Part 42, Nondiscrimination/Equal employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; Part 64, Floodplain Management and Wetland Protection Procedures; Federal laws or regulations applicable to federal Assistance Programs; Part 69, New Restrictions on Lobbying; Part 70, Uniform Administrative Requirements for Grants and Cooperative Agreements (including sub -awards) with Institutions of Higher Learning, Hospitals and other Non -Profit Organizations; and Part 83, Government- Wide Requirements for a Drug Free Workplace (grants). City Council 16 32 — 25 12/7/2021 2. Travel Expenses SUB -RECIPIENT as provided herein may be compensated for SUB - RECIPIENT'S reasonable travel expenses incurred in the performance of this Agreement, to include travel and per diem, unless otherwise expressed. Travel including in -State and out -of - State travel shall not be reimbursed without prior written authorization from the UASI Grant Office. SUB -RECIPIENT'S travel and per diem reimbursement costs shall be reimbursed based on the SUB -RECIPIENT'S travel policies and procedures. If SUB -RECIPIENT does not have established travel policies and procedures, SUB -RECIPIENT'S reimbursement rates shall not exceed the amounts established under 5 U.S.0 5701-11, ("Travel and Subsistence Expenses; Mileage Allowances"), or by the Administrator of General Services, or by the President (or his or her designee) pursuant to any provisions of such subchapter must apply to travel under federal awards (48 CFR 31.205-46(a)). 3. Noncompliance SUB -RECIPIENT understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds, and repayment by SUB -RECIPIENT to CITY of any unlawful expenditures. §413. Federal, State and Local Taxes Federal, State and local taxes shall be the responsibility of SUB -RECIPIENT as an independent party and not as a CITY employee. §414. Inventions, Patents and Copyrights A. Reporting Procedure for Inventions If any project produces any invention or discovery (Invention) patentable or otherwise under title 35 of the U.S. Code, including, without limitation, processes and business methods made in the course of work under this Agreement, the SUB -RECIPIENT shall report the fact and disclose the Invention promptly and fully to the CITY. The CITY shall report the fact and disclose the Invention to the Grantor. Unless there is a prior agreement between the CITY and the Grantor, the Grantor shall determine whether to seek protection on the Invention. The Grantor shall determine how the rights in the Invention, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the policy ("Policy") embodied in the Federal Acquisition Regulations System, which is based on Ch. 18 of title 35 U.S.C. Sections 200, et seq. (Pub. L. 95-517, Pub. L. 98-620, 37 CFR part 401); Presidential Memorandum City Council 17 32 — 26 12/7/2021 on Government Patent Policy to the Heads of the Executive Departments and Agencies, dated 2/18/1983); and Executive Order 12591, 4/10/87, 52 FR 13414, 3 CFR, 1987 Comp., p. 220 (as amended by Executive Order 12618, 12/22/87, 52 FR 48661, 3 CFR, 1987 Comp., p. 262). SUB -RECIPIENT hereby agrees to be bound by the Policy, and will contractually require its personnel to be bound by the Policy. B. Rights to Use Inventions CITY shall have an unencumbered right, royalty- free license, to use, manufacture, do so for all government purposes, any Agreement. C. Copyright Policy and a non-exclusive, irrevocable, improve upon, and allow others to Invention developed under this Unless otherwise provided by the terms of the Grantor or of this Agreement, when copyrightable material ("Material") is developed under this Agreement, the author or the CITY, at the CITY'S discretion, may copyright the Material. If the CITY declines to copyright the Material, the CITY shall have an unencumbered right, and a non-exclusive, irrevocable, royalty- free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement. 2. The Grantor shall have an unencumbered right, and a non-exclusive, irrevocable, royalty -free license, to use, manufacture, improve upon, and allow others to do so for all government purposes, any Material developed under this Agreement or any Copyright purchased under this Agreement. 3. SUB -RECIPIENT shall comply with all applicable requirements in the Code of Federal Regulations related to copyrights and copyright policy. D. Rights to Data The Grantor and the CITY shall have unlimited rights or copyright license to any data first produced or delivered under this Agreement. "Unlimited rights" means the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform and display publicly, or permit others to do so; as required by 48 CFR 27.401. Where the data are not first produced under this Agreement or are published copyrighted data with the notice of 17 U.S.C. Section 401 or 402, the Grantor acquires the data under a copyright license as set forth in 48 CFR 27.404(f)(2) instead of unlimited rights. (48 CFR 27.404(a)). E. Obligations Binding on Subcontractors SUB -RECIPIENT shall require all subcontractors to comply with the obligations of this section by incorporating the terms of this section into all subcontracts. City Council 18 32 — 27 12/7/2021 §415. Minority, Women, And Other Business Enterprise Outreach Program It is the policy of the CITY to provide minority business enterprises (MBEs), women business enterprises (WBEs) and all other business enterprises an equal opportunity to participate in the performance of all SUB -RECIPIENT contracts, including procurement, construction and personal services. This policy applies to all Contractors and Sub -Contractors. City Council 19 32 — 28 12/7/2021 V DEFAULTS SUSPENSION TERMINATION AND AMENDMENTS §501. Defaults Should SUB -RECIPIENT fail for any reason to comply with the contractual obligations of this Agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law. §502. Amendments Any change in the terms of this Agreement, including changes in the services to be performed by SUB -RECIPIENT and any increase or decrease in the amount of compensation which are agreed to by the CITY and SUB -RECIPIENT shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the parties thereto. SUB -RECIPIENT agrees to comply with all future CITY directives, or any rules, amendments or requirements promulgated by the CITY affecting this Agreement. City Council 20 32 — 29 12/7/2021 VI ENTIRE AGREEMENT §601. Complete Agreement This Agreement contains the full and complete Agreement between the two parties. Neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. §602. Number of Pages and Attachments This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes twenty-two (22) pages and three (3) Exhibits which constitute the entire understanding and agreement of the parties. City Council 21 32 — 30 12/7/2021 IN WITNESS WHEREOF, the City and CITY OF SANTA ANA have caused this Agreement to be executed by their duly authorized representatives on the date first set forth above. ATTEST: M CITY OF ANAHEIM, a municipal Corporation of the State of California By: Theresa Bass Jorge Cisneros Clerk of the Council Chief of Police SUB -RECIPIENT CITY OF SANTA ANA DUNS No. 08-3153247 APPROVED AS TO FORM: By: Printed Name '9AVIP VALCNMM By: Kristin Pelletier Title Sr. Asst. City Attorney Co IC u Title sv�jvog City Council 22 32 — 31 12/7/2021 EXHIBIT A California Governor's Office of Emergency Services FY2020 Grant Assurances (All HSGP Applicants) As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines. I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the: (a) Applicable Federal Regulations (see below); (b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual; (d) California Supplement to the NOFO; and (e) Federal and State Grant Program Guidelines. Federal Regulations Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs pre.,set forth,in, Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/. State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following: 1. Proof of Authority The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree: (a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required; (b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; (d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant. This Proof of Authority must be maintained on file and readily available upon request. City Council 32 — 32 Initials12/7/2021 2. Period of Performance The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3. Lobbying and Political Activities As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency. 4. Debarment and Suspension As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state City Council 32 — 33 Initials 12/7/2021 antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 5. Non -Discrimination and Equal Employment Opportunity The Applicant will comply with all state and federal statutes relating to non-discrimination, including: (a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages; City Council 32 — 34 Initials12/7/2021 (k) DHS policy to ensure the equal treatment of faith -based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (1) California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (n) The requirements of any other nondiscrimination statute(s) that may apply to this application. 6. Drug -Free Workplace As required by the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug -free workplace and a drug -free awareness program as outlined in the Act. 7. Environmental Standards The Applicant will comply with state and federal environmental standards, including: (a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387); (c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources; (e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (1) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205); City Council 32 — 35 Initials 12/7/2021 (k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (1) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution. 8. Audits For subrecipients expending $760,000 or more in federal grant funds annually, the Applicant will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements. 9. Access to Records In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10. Conflict of Interest The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 11. Financial Management False Claims for Payment - The Applicant will comply with 31 U.S.0 §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance. 12. Reporting - Accountability The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first -tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. 13. Whistleblower Protections The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310. City Council 32 — 36 Initials 121712 021 14. Human Trafficking The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award. 15. Labor Standards The Applicant will comply with the following federal labor standards: (a) The Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16. Worker's Compensation The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17. Property -Related If applicable to the type of project funded by this federal award, the Applicant will: (a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; (c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) Comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 18. Certifications Applicable Only to Federally -Funded Construction Projects For all construction projects, the Applicant will: (a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant City Council 32 — 37 Initials 12/7/2021 in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 19. Use of Cellular Device While Driving is Prohibited Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. Drivers are also prohibited from the use of a wireless telephone without hands -free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services. 20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process. HOMELAND SECURITY GRANT PROGRAM (HSGP) — PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS 21. Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 22. Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PH are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PI I they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively. 24. Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. City Council 32 — 38 Initials12/7/2021 25. Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. 26. Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 27. Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129. 28. Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942. 29. Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a. 30. Non -supplanting Requirement All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. 31. Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96- 517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 32. SAFECOM All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. City Council 32 — 39 Initials 12/7/2021 33. Terrorist Financing All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. 34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. 35. USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. 36. Use of DHS Seal, Logo, and Flags All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. City Council 32 — 40 Initials 121712 021 IMPORTANT The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. All appropriate documentation, as outllined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above. All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2020, Version 10.1, hereby incorporated by reference, which can be found at: htt s://www.dhs. ov/,publication/f 15-dhs-standard-terms-and-conditions. The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant. Subrecipient: e 1 Signature of Authorized Agent: Printed Name of Authorized Agent: DAVID Title: �II t" OF ` LICG Date: City Council 32 — 41 Initials 12/7/2021 EXHIBIT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government -wide Debarment and Suspension (Nonprocurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, snaking false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governinent entity (Federal State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local) tenninated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Authorized Agent Signature VAVID ..i. TI Printed or Typed Name evilff OFpbulcz- Title Address: UI 'P t-(C -1I City Council 32 - 42 12/7/2021 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this document, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to whom this agreement is entered, if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous, when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Procurement or Non Procurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. City Council 32 — 43 12/7/2021 EXHIBIT C CERTIFICATION REGARDING LOBBYING •.� . . .M1 ..w. . ...- - •. -- - The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Subrecipient, as identified below, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Subrecipient understands and agrees that the provisions of 31 U.S„C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. AGREEMENT NUMBER: I CONTRACTOR/BORROWER/AGENCY AMID LEAYMJ, � () NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE City Council 32 — 44 12/7/2021 Exhibit 3 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE CITY OF ANAHEIM FOR THE FY2020 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism. B. In FY 2006 the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2020, the City of Anaheim is the lead administrative agency for UASI funding. C. The City of Santa Ana has been awarded funding from the City of Anaheim for the fiscal year 2020 UASI in the amount of $1,423,822. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to enter into an agreement with the City of Anaheim for the FY 2020 Urban Areas Security Initiative funding program in the amount of $1,423,822. The authorization provided herein shall also pertain and apply to any and all grant monies awarded under this grant and documents required for authorization in furtherance of these grant monies. Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2020 Urban Area Security Initiative in the amount of $1,423,822 and appropriates same in the FY 2020 Urban Area Security Initiative Program Grant expenditure accounts. City Council 32 — 45 12/7/2021 Resolution No. 2021-XXX Page 1 of 2 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 7t" day of December, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM- S onia R. Carva o City Attorney By:_ Tamara Bogosian Senior Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Daisy Gomez Clerk of the Council City of Santa Ana City Council 32 — 46 12/7/2021 Resolution No. 2021-XXX Page 2 of 2 Clerk of the Council Office www.santa-ana.org/cc Item # 33 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: 2022 Regular City Council Meeting Calendar AGENDA TITLE: Approve the Annual Calendar of Regular City Council Meetings for 2022 RECOMMENDED ACTION 1. Review calendar of regularly scheduled City Council meetings in 2022. 2. Cancel the regularly scheduled City Council meeting for January 4, 2022 and August 2, 2022. 3. Direct staff to post Notice of Cancelation(s). The City Council hereby waives notice of said meetings as required by the government code. DISCUSSION Consistent with past practice, the City Council has canceled the first meeting of the year and a meeting during the summer months. If the City Council cancels any regularly scheduled meeting, they will resume consideration of agenda items at their next regular scheduled meeting. The City Council reserves the right to cancel any other meetings and notify the public as legally required by the Brown Act. The 2022 Master Calendar and agendas for all regular and special meetings will be posted on the City's website at .I:..:::.I...,.q.ir„„ /clity re:�. City Council meetings are typically held in the Council Chamber, 22 Civic Center Plaza, Santa Ana or as otherwise noted on the agenda. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 33 — 1 12/7/2021 2022 Regular City Council Meeting Calendar December 7, 2021 Page 2 EXHIBIT(S) 1. 2022 Calendar of City Council Meetings Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 33 — 2 12/7/2021 x w 4) t U N U) N •� N N O Lsi f7 Lsi LO N T ✓n N LL N m O r, T H 3 N CT to m N O c") q, F C- .;,7 CO - N N O C7 O 77 ✓n -- N N ✓n LL N N CT �O N W 77 co E lo O') 0 ✓n � N N Bilili omn ntto� ✓n LL N CO N � � N N N �3 1; v co N s Y? Co pN 4'VI. N N T N uuuu � ✓n N BOi 0 N r, N N �m N ,I __ co co - CV F - N co a) 173, _v_v_ -71- __.__ r� V � oU N CT C) O h N f} � LL N V CO 10 r) O r N N F V 7 CO � N uu h 7 ✓n N 7 O LL CO Lo N CT ` V c0 N r� ✓n � N O�YN� q,i O CU Clerk of the Council Office www.santa-ana.org/cc Item # 34 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Election of Mayor Pro Tern AGENDA TITLE: Election of Mayor Pro Tern 2021-2022 RECOMMENDED ACTION 1. The Mayor calls for nominations for Mayor Pro Tern position. 2. The Mayor closes nominations for the position. 3. The Mayor declares the result of the election. DISCUSSION At the December 8, 2020 special City Council meeting, the City Council decided to make the Mayor Pro Tern position an annual appointment. The Mayor Pro Tern shall act as Mayor during the absence from the city or disability of the Mayor, or during any vacancy in the Office of Mayor until otherwise filled in accordance with Section 403 of the Santa Ana Charter. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Daisy Gomez, Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 34 — 1 12/7/2021 Community Development Agency santa-ana.org/cd Item # 35 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Public Hearing — 2022 Downtown Santa Ana Business Improvement District AGENDA TITLE: Public Hearing — 2022 Downtown Santa Ana Business Improvement District RECOMMENDED ACTION 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2022 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the Assessment Report and levying the assessment for 2022. DISCUSSION On November 2, 2021, the City Council approved the 2022 Assessment Report and budget for the Downtown Santa Ana Business Improvement District (BID). Additionally, the City Council adopted a resolution of Intention to Levy the 2022 assessment pursuant to California Streets and Highways Code section 35600 et seq. and scheduled the public hearing to consider protests to this action for its regular meeting of December 7, 2022. Business owners affected by the 2022 annual BID assessment may present written and/or oral protests during this public hearing. If written protests are received from business owners within the Downtown Santa Ana Business Improvement District, which will pay 50 percent or more of the proposed assessments and the protests are not withdrawn so as to reduce the number to less than 50 percent, the City Council will be precluded from taking any action to levy the 2022 assessment. The Intent to Levy BID Assessment List (Exhibit 2) provides a listing of businesses within the BID and the weighted protest value. Any written protests filed and not withdrawn must be reviewed to determine if they meet certain qualifications; this review will include a comparison of names and business owners City Council 35 — 1 12/7/2021 Public Hearing — 2022 Downtown Santa Ana Business Improvement District December 7, 2021 Page 2 with official City records. If it is determined that less than a majority protest is filed, the adoption of the subject resolution (Exhibit 3) will confirm the 2022 Assessment Report (Exhibit 2) for the BID and levy the assessments for 2022. The 2022 Assessment Report contains the basis and method of levying the assessment, estimated activities and budgets from the two business associations: the Santa Ana Business Council and Downtown Inc., and a map of the BID boundaries. BACKGROUND On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to state law, creating a Business Improvement District (BID) in Downtown Santa Ana. The BID was established as a means of providing the Downtown business community with the funding to promote events and create promotional materials, increase the security presence, enhance maintenance of the downtown shopping corridors, and implement streetscape improvements to the area. The BID is funded through an additional charge on the business license tax for those businesses within the BID boundary. The City Council activated the current BID on July 1, 2013. To administer the activities of the BID, the City executed operating agreements with Downtown Inc. and the Santa Ana Business Council in an effort to address the needs of the two business associations. These agreements contain provisions to ensure proper administration and distribution of funds such as the annual budget, financial record keeping, fund distribution, board composition and meeting requirements. The agreements are renewed automatically in one-year renewal terms, unless either party gives at least two months' notice of termination, or if the BID is not approved in any given year. If the BID is successfully renewed, each organization will receive approximately $100,000 (collected from the business license tax fee) per calendar year (January through December) and may carry over unspent funds into the next year. In FY 2020-21, the BID, through the efforts of Downtown Inc. and the Santa Ana Business Council, accomplished several successful events and promotions that drew thousands of visitors to Downtown Santa Ana. These events and promotions included the following: First Saturday Artwalk, Savor Santa Ana, Boca De Oro Literary Festival, activation of the Promenades, Estrella TV promotion, monthly Santa Ana Sidewalk Sales, and the weekly Downtown Santa Ana newsletter. Both organizations also maintain social media accounts with over 35,000 active followers. Due to the COVID-19 pandemic, both organizations assisted businesses with the establishment of online delivery platforms, social media promotions, food islands and retail islands, and connected them with business recovery resources. FISCAL IMPACT There is no direct fiscal impact associated with this action. The City collects the BID revenue from businesses within the BID boundary and distributes funding to each organization, in accordance with approved operating agreements. Revenues will be deposited equally in the BID Trust and Agency Fund for Downtown Inc. and Santa Ana City Council 35 — 2 12/7/2021 Public Hearing — 2022 Downtown Santa Ana Business Improvement District December 7, 2021 Page 3 Business Council in account (nos. 09301001-24036 and 09301001-24043) respectively, and distributions to each organization will be made from the same account: Fiscal Year Accounting Fund Accounting Unit, Estimated Unit -Account Description Account Description Amount FY 22-23 09301001- Business Improvement Trust & Agency, $50,000 (Jan. — June) 24036 District Downtown Inc. FY 22-23 09301001- Business Improvement Trust & Agency, Santa $50,000 (Jan. — June) 24043 District Ana Business Council FY 23-24 09301001- Business Improvement Trust & Agency, $50,000 (July — Dec.) 24036 District Downtown Inc. FY 23-24 09301001- Business Improvement Trust & Agency, Santa $50,000 (July — Dec.) 24043 District Ana Business Council Total Amount $200,000 EXHIBIT(S) 1. 2022 Assessment Report a. Attachment A — Business Improvement District Boundary b. Attachment B — 2022 Annual Assessment Formula c. Attachment C — Proposed Budget Summary 2. List of Businesses within the BID 3. Resolution Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 35 — 3 12/7/2021 DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT 2022 ASSESSMENT REPORT Background On February 6, 1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500, et seq., of the 1979 State of California Streets and Highways Code, creating a Business Improvement District (BID) in Downtown Santa Ana. On October 6, 2003, the City Council appointed the Community Redevelopment and Housing Commission (CRHC) as the Downtown Santa Ana Business Improvement District Advisory Board. As the BID Advisory Board, the CRHC, now known as the Community Development Commission (CDC) is responsible for making recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on the classification of businesses, as applicable, and on the method and basis of levying the assessments (including the annual budget). The BID was established as a means of providing the Downtown business community with the funding to promote the Downtown through events and advertising pieces; funding to increase security and enhance the overall aesthetics of the area; and also to maintain the downtown shopping corridors. Improvement Area Boundaries The geographic boundaries of the district remain unchanged from the original 1984 area, and they include over 500 retail, service, and professional members (see Exhibit 2). Assessment Formula The formula for the BID tax levy also remains unchanged from the original 1984 ordinance and is based on the category and/or sales volumes of the business (see Attachment A). 2022 Budget Plan Based on the feedback from the two Associations, Downtown Inc. and the Santa Ana Business Council, the 2022 BID Budget focuses on the continuation of promotions and marketing of the BID. Some of the promotion and marketing will be focused on Downtown events and advertising pieces, which are all designed to enhance the overall aesthetics of the area and also to maintain the downtown shopping corridors. Detailed breakdowns of the two groups' budgets are attached (Attachment B). The assessments from the 2022 BID are estimated at $200,000 to be split evenly by Downtown Inc. and the Santa Ana Business Council —the two business groups that have spearheaded this BID process. Any remaining funds from the previous year will be incorporated into a reserve fund for the groups' 2022 budgets. This reserve funding may be used for additional events and promotions throughout the year. In 2022, the two representative business associations are proposing to host several events, some special events may be virtual (pending COVID-19 regulations for special events), promotion of outdoor dining and retail sales, and general promotion and marketing of the Downtown, as well as some traditional annual events that will be safe for community members to attend, including: BID -FUNDED OR PARTLY BID -FUNDED ACTIVITIES ADMINISTRATION • Coordination of the BID including maintaining the interconnectivity and infrastructure, collectivizing downtown efforts, program and project management, and supporting downtown's role as a vital community, cultural and economic engine MARKETING PROGRAMS • Weekly Newsletter • Sopi , iA Fcounts tsanta na, 12/7/2021 • Videos and Photos to catalogue and promote downtown ORGANIZATION • Business Meetings (Restaurant Assoc., Bridal Assoc., Board and Merchant Meetings) • Business Training, Outreach and Support • Resident Mixers, Business and Arts Mixers • Membership and Training with National Downtown, Main Street and Placemaking Networks • Community Involvement/Engagement • Support for third -party event producers • Customer Support (Providing answers and connections to business, residents and visitors) TECHNOLOGY • Downtown Websites • Software Licenses • Emailing Services • Online Forms/Storage/Media Services • Artists Registry SOME SUPPORT FOR THE FOLLOWING EVENTS • First Saturday Artwalk (12x per year) • Boca de Oro: Festival of Arts and Literacy • Sponsorships for Downtown Businesses, Creatives and Residents to Activate Public Spaces ACTIVITIES WE PARTNER WITH, FUNDRAISE FOR, OR THAT REQUIRE ADDITIONAL FUNDING ANNUAL EVENTS • Boca de Oro: Literary, Visual and Performance Arts Festival • Downtown Threads Fashion & Design Show • Annual Gathering and Mixer • Katrina Festival • Savor Santa Ana • Tooltesting/Hackathon • Trolley Rides at Special Events and Lunch Hour MONTHLY EVENTS • First Saturday Artwalk Expansion, Free Art Workshops and Music • Witches Brew (2nd St Promenade) • Kids Corner at Calle Cuatro Plaza • Sidewalk Sales (Bi-monthly: 1st and 3rd Weekend of the Month) • Amigas Social Club Business Mixers and Professional Development Workshops • Movies in the Park WEEKLY EVENTS • Dancing in the Streets (Salsa, Cumbia, Tango, Bachata) • Loteria Mexicana • Clowns & Face Painting • Santa Ana Sundays Series • Free Yoga and Zumba SEASONAL PROMOTIONS • Black Friday/Small Business Saturday • Turkey and Ham Giveaway (Thanksgiving) • Rib Giveaway (Christmas) • Holiday Show at Calle Cuatro Plaza • Carriage Rides and Carolling • Festival of I igh+c City Council 35 — 5 12/7/2021 Other programming for the associations will include ongoing social media marketing, funding for the Downtown Restaurant Association, Bridal Association, Art Association, Professional Internship Programs, downtown stakeholder meetings, holiday promotions, website development and maintenance, and ongoing support for small businesses. City Council 35 — 6 12/7/2021 AN09UNK EXHIBIT 1 —ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT BOUNDARY _j I ---_j I w I I I CIVIC CEINTER DR, LwMwMMMwdWwMWWMMMwM EIGHTH ST. IIBANYY ENGINEERING FINANCE 7ENIMEMI F2 U COUNTY EAU 01 NUMINIMAJI011 oly Hpa SANTA ANA BLVD. NIXv SANTA ANA BLVD. 0.00— THIRD ST. fi FIRST 5 T. uullllll 0 ]—OIL FIFTH ST. Ln O L_J L FOURTH ST. L[ IE SECOND S TL < Santa Ana Business Improvement District = BID Boundaries City Council 35-7 12/7/2021 EXHIBIT 1 —ATTACHMENT B 2022 ANNUAL ASSESSMENT FORMULA The following businesses located within the boundaries of the Business Improvement District (BID), classified under City Ordinance NS 1690 as Amusement Services, Pawnbrokers, Service Station and Classification A, including, but not limited to Retail Sale of Goods, Hotel and Motels, Theaters and Food Establishments, shall pay an amount equal to one and one-half times their annual business license fee. Businesses classified as Commercial Rental Property, Rental Property, Residential and Rooming House shall pay an amount equal to one -quarter times their annual business license fee. All other businesses, including Professions, Trades and Services within the boundaries of the proposed Business District, shall pay an amount equal to their annual business license fee. Once the assessment formula is established, it businesses within the boundaries of the proposed held by the City of Santa Ana. cannot be changed without written notice to all Business Improvement District and a public hearing City Council 35 — 8 12/7/2021 EXHIBIT 1 -ATTACHMENT C AN09UNK DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 1 of 2 Budgets Downtown Inc. BID Budget 2,022 January 1,2022, .- December 31,2022, C onif mcf cws Fa ce mia kin g C c nsu �a n f - Smola r C ap I ..................................................... . A.Ei ..................................................................................................................................................................... mini,+=f_pve Sfaff 5"ONO."OD ..................................................... Insurance .............................................................................................................................................................................. Dcvri favien Vehi&e� Spe-cia ll Event, : ...................................... 3,661a loci ..................................................... Techin,ology ..................................................... ................................................................................... .......................................................................................... .............................................................................................................................................................................. ...................................... app= ...................................... ..................................................... GcvDg?-_ Apps, Grrusa, Adbe�bCast, Nounpr4ecf .............................................................................................................................................................................. ...................................... ..................................................... Anh-rob, Mrjjlchh,�, DropaSox, AAst,Fegisfry .............................................................................................................................................................................. ...................................... Membership 'i Join lay Text, FBIDMonoge,rSofi ivore . ........................................... Cttilcc Supplies .............................................................................................................................................................................. ....................................... i,Kidlooll ..................................................... .............................................................................................................................................................................. FiilnVrvledicl Equilcment, DuI35CafiDlIn, 1,II Shlicizzing ...................................... ..................................................... .............................................................................................................................................................................. Web Hosfing�°'Wl ...................................... i if o m"i m" I 'u, n'ii"c' ('3"if'o, n"i ....... .............................................................................................................................................................................. ........................................ : ..................................................... ............................................................................................................................................................................. tack Phrifragrophylli'Diesigns ...................................... 2D1D.,TCj:1 ..................................................... .............................................................................................................................................................................. G ro 13 111 c De sig n .............. ........ T"b " 0, ..................................................... .............................................................................................................................................................................. Photosh cDoUPAideograp,,hy .............. . ......................................................................... ....................................................................................... .............. ..............................f oWa1611az,a 1d4ffs Gro u ps 4,400.00:: ..................................................... .............................................................................................................................................................................. Team C c,or6nofilon Meefing,,, B,card Mfgs, ...................................... ..................................................... .............................................................................................................................................................................. R esia ura ni Arfisq M xe r., R esid e ni Mi xe rs ........................................ ..................................................... .............................................................................................................................................................................. Annual birch and Amua&l Mig, Outreach, Commun ...................................... . ?&Irki°f ling MID .............................................................................................................................................................................. ...................................... ions/Evenih, ..................................................... ............................................................................................................................................................................. Mviv n. IIk ...................................... i bi,loolia loci: ..................................................... .............................................................................................................................................................................. CF�sffict Banners & Signage, Brande,d Mafe�al ................... ..................................................... Traihing ..................................................... .............................................................................................................................................................................. .............................................................................................................................................................................. ....................................... i i,561allocil ....................................... C DAI) I DA, Rio c em a ki n g, aih er On �� in e ................... .............................................................................................................................................................................. ...................................... Se.rvk--e.,s ..................................................... .............................................................................................................................................................................. Nelm&effe,r Ccpyw6ier ...................................... 6,1000.100 ..................................................... .............................................................................................................................................................................. Soci& 1,0edia Coordinia-for ....................................... 7,.-,nia locil 13 ................................................ ues .............................................................................................................................................................................. ...................................... SubscTiotions ..................................................... .............................................................................................................................................................................. S 2 o n to An a C h a mlaer art C ommef ce, I DA, k-s,ociafi ons ...................................... .................................................... FiinlunicijaI Reports ..................................................... .............................................................................................................................................................................. .............................................................................................................................................................................. ...................................... 3,60,13� 100, Acca,uniantTax Reiurns, 0,4her ..................................................... Misc. Expenses .............................................................................................................................................................................. ...................................... I ..................................................... .............................................................................................................................................................................. Supja5es, F&Id Expenses, Siomps, Confingenic ies, ...................................... Mainienance TOTAL REIMBURSEMENT 11 11IDDI(M.,00: City Council 35-9 12/7/2021 EXHIBIT 1 -ATTACHMENT C DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) 2 of 2 Budgets ,SAINTAAIN,AIIBU,SIIIINIE'�,SS,COUINCIlI L-. IIB AID, IIBud,get2022 January 1, 2 02 2 - December 51,, 2022 r inistrdive ,Sflldff t Diamond Head Enterprises ,8,303,,3,31 Yolanda Are ll no I;Eocwk:ee� ing� 10,0001,0.0, Reliance (Pciyrolll ffar:e,s,� 1 „50,01,0-01 Reliance (Payroll ff xess� F°rocuren 7enf sper;idlist (&laudla rl ffa',i Maricela Vela 5,80C,0,31 Con raeted Servielems Fees, and Taxes, 101,0101 Insurance 3,,5 ,3,,3,31 it( Permits flr Events i 30C,,3,31 Total T7$_100 � ; City Council 35 — 10 12/7/2021 EXHIBIT 2 DATA AS OF 11/02/2020 Intent to Levy BID Assessment List Weighted Protest Value Number business name DroDerty address BIDArea BID Elieible (%of 100%Total) 1 PEP BOYS, THE-MANNY/MOE/JACK 120 E 1ST ST UNIT4 A Yes Yes 1.17803% 2 PEP BOYS, THE-MANNY/MOE/JACK 120 E 1ST ST UNIT4 B Yes Yes 0.69021% 3 SANTA ANA EXPRESS CAR WASH 202 E 1ST ST Yes Yes 0.46404% 4 NUNEZ AUTO REPAIR 219 E 1ST ST Yes Yes 0.11857% 5 ABBA AUTOMOTIVE, LLC 224 E 1ST ST Yes Yes 0.16944% 6 PURPLE PENUMBRA LLC 224 E 1ST ST Yes Yes 0.01985% 7 MCDONALDS RESTAURANT 301 E 1ST ST Yes Yes 1.27190% 8 MCDONALD'S USA LLC 301 E 1ST ST Yes Yes 0.05828% 9 THEO HOLDINGS, LP 302 E 1ST ST Yes Yes 0.01812% 10 GO USED TIRES 302 E 1ST ST Yes Yes 0.17841% 11 ROIC SANTA ANA, LLC (301, 307, 407, 419, 423, 431) 307 E 1ST ST Yes Yes 0.18042% 12 FARMACIA SANTA ANA 307 E 1ST ST UNIT4 1-D Yes Yes 0.07850% 13 T-MOBILE LEASING LLC 307 E 1ST ST UNIT4 lE Yes Yes 0.11144% 14 T-MOBILE WEST LLC 307 E 1ST ST UNIT4 lE Yes Yes 0.23660% 15 T-MOBILE FINANCIAL LLC 307 E 1ST ST UNIT4 lE Yes Yes 0.77456% 16 HIT MOBILE 307 E 1ST ST UNIT4 lE Yes Yes 0.37109% 17 JUGOS ACAPULCO WITH WINGS 307 E 1ST ST UNIT4 A Yes Yes 0.70484% 18 KALI BOTANICA LATINA 312 E 1ST ST Yes Yes 0.05233% 19 ARRISTE 314 E 1ST ST Yes Yes 0.12022% 20 FOOD 4 LESS 382 315 E 1ST ST Yes Yes 6.12841% 21 ECOATM, LLC 315 E 1ST ST Yes Yes 0.01757% 22 ACE AUTO CARE, LLC 401 E 1ST ST Yes Yes 0.05233% 23 SUPER KIDS DENTAL 407 E 1ST ST UNIT4 2A Yes Yes 0.08747% 24 PROCESSING CENTER OF ORANGE COUNTY / VIGO 407 E 1ST ST UNIT4 2E Yes Yes 0.11967% 25 TACO BELL 43434 411 E 1ST ST Yes Yes 0.71747% 26 MARSHALLS 41220 419 E 1ST ST Yes Yes 1.85763% 27 PRONTO PIZZA 200 W 1ST ST UNIT4 104 Yes Yes 0.33925% 28 ANOTHER LEVEL SMOKE SHOP 200 W 1ST ST UNIT4105 Yes Yes 0.07850% 29 PROFESSIONAL SERVICES CENTER 210W1STST Yes Yes 0.05233% 30 MOHALE, MICHA 210 W 1ST ST Yes Yes 0.05416% 31 BROADWAY FAMILY DENTISTRY 210 W 1ST ST Yes Yes 0.09625% 32 GONZALEZ AUTO INSURANCE SVCS 210 W 1ST ST Yes Yes 0.11381% 33 NUTRICION TOTAL 210 W 1ST ST UNIT4107 Yes Yes 0.11967% 34 OMALEXA'S BEAUTY SALON 210 W 1ST ST UNIT4 108 Yes Yes 0.05233% 35 HIMALAYAN THREADING SALON 210 W 1ST ST UNIT4 109 Yes Yes 0.06624% 36 FLOR DE OAXACA 210 W 1ST ST UNIT4 111 Yes Yes 0.13010% 37 COMERCIAL NUTRITION MEXICANA 210 W 1ST ST UNIT4112-11 Yes Yes 0.07850% 38 VHD CONSTRUCTION, INC. 210 W 1ST ST UNIT4 212 Yes Yes 0.02635% 39 BEAUTY CLAM ACADEMY 210 W 1ST ST UNIT4 212 Yes Yes 0.12443% 40 OASIS SPA 210 W 1ST ST UNIT4 213 Yes Yes 0.05233% 41 TU CENTRO MOBILE 220 W 1ST ST UNIT4 101 Yes Yes 0.13943% 42 CLINICA MEDICA MICHOACAN 220 W 1ST ST UNIT4102 Yes Yes 0.14016% 43 828 PHO 220 W 1ST ST UNIT4 103 Yes Yes 0.25471% 44 BROADWAY ARCO/AFGHANI FAMILY 302 W 1ST ST Yes Yes 1.12387% 45 HALL, TOM (101 S BIRCH ST) 310 W 1ST ST Yes Yes 0.00878% 46 SANTA ANA SENIOR HOUSING LP 401 W 1ST ST Yes Yes 0.22507% 47 MOHAMMAD, MOBLN & SINGH, DAVINDER 601 W 1ST ST UNIT4 F101 Yes Yes 0.00659% 48 GONZALEZ, ALFONSO & ALICIA 601 W 1ST ST UNIT4 F105 Yes Yes 0.00659% 49 TEKCHANDANI, NARAIN 601 W 1STST UNIT4 F201 Yes Yes 0.00659% 50 WU, HONG 601 W 1ST ST UNIT4 F204 Yes Yes 0.00659% 51 GUPTA, SUNEET 611 W 1ST ST UNIT4113 Yes Yes 0.00659% 52 KIMBERLY ANNE LLC 611 W 1ST ST UNIT4 E102 Yes Yes 0.00659% 53 QIAO, LI Q (A109/E103) 611 W 1ST ST UNIT4 E103 Yes Yes 0.00659% 54 SADEGHI, MITRA & AALAM 611 W 1ST ST UNIT4 E202 Yes Yes 0.00659% 55 ANDRA, KISHORE V 611 W 1ST ST UNIT4 E203 Yes Yes 0.00659% 56 WU, HONG 611 W 1ST ST UNIT4 E204 Yes Yes 0.00659% 57 GAO, QUANYIN & YANG, ZUIRONG 621 W 1ST ST UNIT4 D102 Yes Yes 0.00659% 58 ALPHA STRUCTURAL, INC 104 W 2ND ST Yes Yes 0.02635% 59 RUNNING WITH SCISSORS HAIR STUDIO 106 W 2ND ST Yes Yes 0.05233% 60 SAINT CITY BARBERS 151 W 2ND ST Yes Yes 0.06990% 61 NOVEL IP 191 W 2ND ST Yes Yes 0.00000% 62 JAY'S CATERING, INC. 207 W 2ND ST UNIT4 A&B Yes Yes 0.46660% 63 C A ELKS LODGE NO 794 207 W 2ND ST UNIT4 B Yes Yes 0.07850% 64 LOLA GASPAR 211 W 2ND ST Yes Yes 0.37438% 65 THE COURT AT ARTISTS VILLAGE 301 W 2ND ST Yes Yes 0.22068% 66 EVA'S BEAUTY SALON 103 E 3RD ST Yes Yes 0.04062% 67 THE POINTE SHOP 200 E 3R2 ST Yes Yes 0.25636% 68 BUTTERFIELD, LEE C/ FESTIVAL 210 E 3RD ST Yes Yes 0.02928% 69 TAPIA CANDELARIO 216 E 3RD ST Yes Yes 0.01317% City Council Page 1 of 8 35 - 11 12/7/2021 70 FESTIVAL HALL 220 E 3RD ST Yes Yes 0.52918% 71 FESTIVAL HALL 220 E 3RD ST Yes Yes 0.07026% 72 GILLY'S BARBERSHOP 109 W 3RD ST Yes Yes 0.05233% 73 CALIFORNIA TEAM REALTY 190 W 3RD ST Yes Yes 0.05233% 74 ALFA INVESTMENTS & LOANS 190 W 3RD ST Yes Yes 0.20238% 75 CEDELCO CONSTRUCTION 190 W 3RD ST Yes Yes 0.10503% 76 DOWNTOWN SUGAR 218 W 3RD ST Yes Yes 0.24410% 77 SANDY'S BEAUTY SALON 305 W 3RD ST Yes Yes 0.06404% 78 SANTOS PIZZA 307 W 3RD ST Yes Yes 0.03952% 79 EL INDIO BOTANAS Y CERVEZA 309 W 3RD ST Yes Yes 0.50338% 80 ACE MESSENGER & ATTORNEY SERVICE 310 W 3RD ST Yes Yes 0.08966% 81 LAW OFFICES OF CHRISTOPHER P RUIZ 315 W 3RD ST Yes Yes 0.10503% 82 LAW OFFICES OF LOIDA D TELLEZ 315 W 3RD ST Yes Yes 0.19250% 83 HARRISTAYLOR MANAGEMENT INC 315 W 3RD ST Yes Yes 0.19579% 84 EAST SECOND STREET LLC 315 W 3RD ST Yes Yes 0.14968% 85 MOJTAHEDI, MICHAEL LAW OFFICES 322 W 3RD ST Yes Yes 0.19286% 86 NGUYEN, DIANA 500 W 3RD ST UNIT4 A105 Yes Yes 0.00659% 87 CUSTOM FLOORING DESIGNED BY ARAEL 600 W 3RD ST UNIT4 117E Yes Yes 0.06990% 88 G&R ELITE BUILDING MAINTENANCE 600 W 3RD ST UNIT4 A101 Yes Yes 0.05819% 89 HAKIMI, FARZIN 600 W 3RD ST UNIT4 A103 Yes Yes 0.00659% 90 CERRUTI-TIPITTO, PATRICIA 600 W 3RD ST UNIT4 A118 Yes Yes 0.00659% 91 J K L VICTORVILLE LLC 600 W 3RD ST UNIT4 A210 Yes Yes 0.00659% 92 MAHTANI 2011 (tIA212 &B206) 600 W 3RD ST UNIT4 A212 Yes Yes 0.00769% 93 LABRA, CLAUDIO 600 W 3RD ST UNIT4 A216 Yes Yes 0.00659% 94 FTI HOLDINGS, INC. (tIA218/8109/8306) 600 W 3RD ST UNIT4 A218 Yes Yes 0.00988% 95 CORDOVA, MARIANO (A219) 600 W 3RD ST UNIT4 A219 Yes Yes 0.00659% 96 PHAM, THOMAS 600 W 3RD ST UNIT4 A305 Yes Yes 0.00659% 97 CREEK ROSEDALE LLC 600 W 3RD ST UNIT4 A306 Yes Yes 0.00659% 98 DESAI M V (A310, C205) 600 W 3RD ST UNIT4 A310 Yes Yes 0.00769% 99 HX TOUZI SNA LLC 600 W 3RD ST UNIT4 A311 Yes Yes 0.00659% 100 HECTOR & ELVA CORTES 600 W 3RD ST UNIT4 A313 Yes Yes 0.00659% 101 MATINPOUR FAMILY TRUST 600 W 3RD ST UNIT4 A318 Yes Yes 0.00659% 102 TEKCHANDANI, NARAIN 600 W 3RD ST UNIT4 B104 Yes Yes 0.00659% 103 PHAN, QUAN 600 W 3RD ST UNIT4 B105 Yes Yes 0.00659% 104 SAN JUAN INVESTMENT CO, LLC (8106, B212) 600 W 3RD ST UNIT4 B106 Yes Yes 0.00769% 105 JIANG, YIHAI & SHI, RU 600 W 3RD ST UNIT4 B108 Yes Yes 0.00659% 106 CHAHNOUI, MOHAMMED GHASSEMI 600 W 3RD ST UNIT4 B113 Yes Yes 0.00659% 107 ALAN MARTINEZ LAZARO 600 W 3RD ST UNIT4 B114 Yes Yes 0.03074% 108 HITCHENS, DEAN AND MARIA 600 W 3RD ST UNIT4 B114 Yes Yes 0.00659% 109 KATO, MAKOTO MARK 600 W 3RD ST UNIT4 B201 Yes Yes 0.00659% 110 WU, HONG (A122/A304/B208/C302) 600 W 3RD ST UNIT4 B208 Yes Yes 0.00988% 111 HAIDER, RICHARD & SAM 600 W 3RD ST UNIT4 B210 Yes Yes 0.00659% 112 YANG, JENNY & YINGER, QIANG 600 W 3RD ST UNIT4 B213 Yes Yes 0.00659% 113 HANNA INTERPRETING SERVICES 600 W 3RD ST UNIT4 B216 Yes Yes 0.05270% 114 YANG, TONY & HOU, NANCY 600 W 3RD ST UNIT4 B217 Yes Yes 0.00659% 115 PACIFIC HEIGHT HOLDING CO, LLC 600 W 3RD ST UNIT4 B221 Yes Yes 0.00659% 116 HONG, ROBERTO 600 W 3RD ST UNIT4 B301 Yes Yes 0.00659% 117 SHEN, EDWARD T- TTEE 600 W 3RD ST UNIT4 B314 Yes Yes 0.00769% 118 TAING, WILLIAM 600 W 3RD ST UNIT4 C101 Yes Yes 0.00659% 119 JKL VICTORVILLE, LLC 600 W 3RD ST UNIT4 C103 Yes Yes 0.00659% 120 MINI MAX GROUP LLC 600 W 3RD ST UNIT4 C104 Yes Yes 0.00659% 121 HX TOUZI SNA LLC 600 W 3RD ST UNIT4 C202 Yes Yes 0.00659% 122 JIANG, YIHAI 600 W 3RD ST UNIT4 C206 Yes Yes 0.00659% 123 KHORRAM, SHAN IA/JAFERKHAN I, MEHRI 600 W 3RD ST UNIT4 C207 Yes Yes 0.00659% 124 AZVES LLC 600 W 3RD ST UNIT4 C304 Yes Yes 0.00659% 125 CRYSTAL -MAKE UP STUDIO 102 E 4TH ST Yes Yes 0.08179% 126 DORA ORLAND[ VALUTA SANTA ANA 102 E 4TH ST Yes Yes 0.07941% 127 ACAPULCO TRAVEL 102 E4TH ST Yes Yes 0.05233% 128 YANEZ, RAUL 102 E 4TH ST UNIT4 2ND FL Yes Yes 0.02205% 129 DENTAL 4 102 E 4TH ST UNIT4 2ND FL Yes Yes 0.14016% 130 JOYERIA ACAPULCO 102 E 4TH ST UNIT4 2ND FL Yes Yes 0.07850% 131 VALNER SERVICES 102 E 4TH ST UNIT4 2ND FL Yes Yes 0.11711% 132 FOIGELMAN, NORBERT 104 E 4TH ST Yes Yes 0.01674% 133 EL RINCON MEXICANO 104 E 4TH ST Yes Yes 0.21738% 134 RASPADOS EL SUR 104 E 4TH ST UNIT4 B-PE Yes Yes 0.26240% 135 FRUTAS LA PLACITA 104 E 4TH ST UNIT4 PE Yes Yes 0.26240% 136 RHODES JEWELRY & LOAN 106 E 4TH ST Yes Yes 0.52479% 137 YANEZ, RAUL & GILDA 108 E 4TH ST Yes Yes 0.02973% 138 MI MODA 108 E 4TH ST Yes Yes 0.18280% 139 NANA FASHION 110 E 4TH ST Yes Yes 0.22122% 140 ANTIQUE TIME 110 E 4TH ST Yes Yes 0.05233% 141 HOLIDAY TRAVEL & TOURS 110 E 4TH ST Yes Yes 0.06258% 142 AV NAILS STUDIO & NAIL SUPPLIES 110 E 4TH ST UNIT4 203 Yes Yes 0.05233% 143 VERONICA'S BRIDAL 110 E 4TH ST UNIT4 207 Yes Yes 0.08344% 144 R & Q ENTERPRISES, LLC 112 E 4TH ST Yes Yes 0.01528% 145 LA ZAPATERIA MEXICO 112 E 4TH ST Yes Yes 0.20311% 146 NINO'S BRIDAL COUTURE 114 E 4TH ST Yes Yes 0.08124% City Council Page 2 of 8 35 - 12 12/7/2021 147 TELAS FABRIC 114 E 4TH ST Yes Yes 0.01436% 148 TELAS FABRIC 114 E 4TH ST Yes Yes 0.06441% 149 ALVAREZ CHECK CASHING 116 E 4TH ST Yes Yes 0.10540% 150 CEBALLOS, JOSE/AURORA 116 E 4TH ST Yes Yes 0.01994% 151 CW CELULLAR, INC 116 E 4TH ST Yes Yes 0.11711% 152 E.S. DOCUMENT SERVICES 116 E 4TH ST UNIT4 F Yes Yes 0.05892% 153 ORANGE GROVE LLC 116 E 4TH ST UNIT4 H Yes Yes 0.05233% 154 RUIZ PAWN SHOP 118 E 4TH ST Yes Yes 0.52479% 155 STRAIGHT SHOT BARBERS 118 1/2 E 4TH ST Yes Yes 0.03916% 156 YANEZ, RAUL (318 N BUSH) 120 E 4TH ST Yes Yes 0.00906% 157 EL VAQUERO 120 E 4TH ST Yes Yes 0.07850% 158 STUSSY 200 E 4TH ST Yes Yes 0.07850% 159 SUGAR SALT & CRUMBS LLC 201 E 4TH ST Yes Yes 0.09003% 160 LUNCHBOX BY PLAYGROUND 201 E 4TH ST Yes Yes 0.33815% 161 SEMILLA DE MATS CATERING 201 E 4TH ST Yes Yes 0.09332% 162 BRULEE BITES 201 E 4TH ST Yes Yes 0.07850% 163 SALSA EL GUERO 201 E 4TH ST Yes Yes 0.07850% 164 JUJU FOOD 201 E 4TH ST Yes Yes 0.09497% 165 HERITAGE ROASTING COMPANY 201 E 4TH ST Yes Yes 0.07850% 166 THREE BEARS BAKE AT HOME 201 E 4TH ST Yes Yes 0.08344% 167 MODEL MEALS 201 E 4TH ST Yes Yes 1.00292% 168 4th STREET MARKET 201 E 4TH ST Yes Yes 0.07850% 169 CULINARY PROVISIONS & COMPANY 201 E 4TH ST Yes Yes 0.08124% 170 CULTURE HOT SAUCE 201 E 4TH ST Yes Yes 0.06203% 171 ALTA BAJA MARKET 201 E 4TH ST UNIT4 101 Yes Yes 0.26075% 172 ELECTRIC CITY BUTCHER 201 E 4TH ST UNIT4 104 Yes Yes 0.53248% 173 CHUNK-N-CHIP 201 E 4TH ST UNIT4107 Yes Yes 0.07850% 174 EAST END REALTY PARTNERS, LP 201 E 4TH ST UNIT4109 Yes Yes 0.07081% 175 DELI STATION 201 E 4TH ST UNIT4 126 Yes Yes 0.13230% 176 THE GOLDEN HOT FRIED CHICKEN 201 E 4TH ST UNIT4127 Yes Yes 0.07246% 177 NAUGHTY PANDA 201 E 4TH ST UNIT4129 Yes Yes 0.18390% 178 LOOSE LEAF BOBA COMPANY 201 E 4TH ST UNIT4 132 Yes Yes 0.05874% 179 BURRITOS LA PALMA 201 E 4TH ST UNIT4 136 Yes Yes 0.05874% 180 EAT GOOD FOOD MAR LLC 201 E 4TH ST UNIT4 137 Yes Yes 0.34474% 181 SUPERNATURAL SANDWICHES 201 E 4TH ST UNIT4138 Yes Yes 0.07850% 182 BAN XEO BOYS 201 E 4TH ST UNIT4 139 Yes Yes 0.08948% 183 RIVAS FOOD 202 E 4TH ST UNIT4 PE Yes Yes 0.26240% 184 DIJAN SKIN CARE 204 E 4TH ST UNIT4 D Yes Yes 0.08747% 185 CLUB DE NUTRICION DE HERBALIFE 204 E 4TH ST UNIT4 G Yes Yes 0.08399% 186 A NAME BRAND CO LLC 204 E 4TH ST UNIT4 J Yes Yes 0.05233% 187 KEEP IT CHULA 204 E 4TH ST UNIT4 O Yes Yes 0.05233% 188 THE GCS CLOTHING STORE 206 E 4TH ST UNIT4 B Yes Yes 0.08747% 189 RIF.00 208 E 4TH ST Yes Yes 0.07850% 190 BAIT 210 E 4TH ST Yes Yes 0.30412% 191 PHOUNSACK CHANTHAPANYA 216 E 4TH ST Yes Yes 0.02159% 192 AUS SHOP 216 E 4TH ST Yes Yes 0.18939% 193 ALUMNI ADVOCATE ASSISTANCE 216 E 4TH ST UNIT4 A Yes Yes 0.05233% 194 TOPAZ JEWELRY REPAIR 216 E 4TH ST UNIT4 B Yes Yes 0.06990% 195 FAINBARG, ALLAN TR 219 E 4TH ST Yes Yes 0.02434% 196 STYLE WORLD 219 E 4TH ST Yes Yes 0.07850% 197 4TH STREET MARKET 219 E 4TH ST Yes Yes 0.08747% 198 RIVAS FOOD 219 E 4TH ST UNIT4 PE Yes Yes 0.26240% 199 THE PLAYGROUND 220 E 4TH ST Yes Yes 1.28508% 200 SLUSHCULT 220 E 4TH ST UNIT4106 Yes Yes 0.20476% 201 LIBROMOBILE 220 E 4TH ST UNIT4107 Yes Yes 0.09003% 202 RANGEL, RAYMOND (300-308) 300 E 4TH ST Yes Yes 0.03248% 203 LA MICHOACANA EXPRESS 300 E 4TH ST UNIT4 101 Yes Yes 0.15974% 204 CONNATURA PRODUCTOS CAMACHO 300 E 4TH ST UNIT4 107 Yes Yes 0.07850% 205 TAQUERIAS GUADALAJARA REAL MEXICAN FOOD INC 305 E 4TH ST Yes Yes 0.07850% 206 EAST END REALTY PARTNERS, LP 305 E 4TH ST Yes Yes 0.04172% 207 M. LOVEWELL LLC 305 E 4TH ST UNIT4103 Yes Yes 0.19506% 208 MARCAS GALLERY 305 E 4TH ST UNIT4 104 Yes Yes 0.24263% 209 BIRD & BARREL 305 E 4TH ST UNIT4105 Yes Yes 0.16359% 210 FIN DU MONDE 305 E 4TH ST UNIT4105 Yes Yes 0.07850% 211 WURSTHAUS 305 E 4TH ST UNIT4106 Yes Yes 0.52205% 212 NATIVE SON ALEHOUSE 305 E 4TH ST UNIT4 200 Yes Yes 0.31949% 213 RRWESTERNWEAR CASA DEL SOMBRERO INC 308 E 4TH ST Yes Yes 0.07850% 214 COFFEE MUSE LLC 310 E 4TH ST Yes Yes 0.14986% 215 QUERETARO CASTING & DESIGNER 312 E 4TH ST Yes Yes 0.11802% 216 CATANO INSURANCE BROKERS 312 E 4TH ST UNIT4 A Yes Yes 0.09149% 217 MEXICANA TRAVEL 312 E 4TH ST UNIT4 A Yes Yes 0.09808% 218 AB COMPUTERS 312 E 4TH ST UNIT4 B Yes Yes 0.10265% 219 CEBALLOS, JOSE 314 E 4TH ST Yes Yes 0.01308% 220 AMERICAN BROADBAND AND CABLE CORP. 314 E 4TH ST Yes Yes 0.07850% 221 SERVICENTRO 314 E 4TH ST UNIT4 A Yes Yes 0.05599% 222 MICELANIAS 314 E 4TH ST UNIT4 B Yes Yes 0.09826% 223 EAST END REALTY PARTNERS II, LP 316 E 4TH ST Yes Yes 0.05645% City Council Page 3 of 8 35 - 13 12/7/2021 224 CHARLIE'S TATTOO STUDIO 316 E 4TH ST Yes Yes 0.05233% 225 CHARLIE'S TATTOO SUPPLIES/BODY JEWELRY/BOOTS 318 E4TH ST Yes Yes 0.07850% 226 AMERICAN BARBER SHOP DTSA / AMERICAN BARBER SHOP 320 E 4TH ST UNIT4 A Yes Yes 0.10723% 227 GON-REY LP 409 E 4TH ST Yes Yes 0.06139% 228 NORTHGATE MARKET 48 409 E 4TH ST Yes Yes 4.25542% 229 NORTHGATE FINANCIAL 409 E 4TH ST Yes Yes 0.31217% 230 MERCADO, LYDIA MAE 410 E 4TH ST Yes Yes 0.00659% 231 NGHIEM, MINH THU 450 E 4TH ST UNIT4137 Yes Yes 0.00659% 232 SAN JUAN INVESTMENT CO LLC (133, 134, 141,406,433) 450 E 4TH ST UNIT4 141 Yes Yes 0.01098% 233 MAHTANI 2011 (4120/146/201) 450 E 4TH ST UNIT4146 Yes Yes 0.00878% 234 HEATON, DAVID & JAN 450 E 4TH ST UNIT4149 Yes Yes 0.00659% 235 TAN, PAUL & JOYCE 450 E 4TH ST UNIT4 237 Yes Yes 0.00659% 236 NGUYEN, HONORA 450 E 4TH ST UNIT4 240 Yes Yes 0.00659% 237 RIJHWANI, ASHOK (242, 251, 311, 318) 450 E 4TH ST UNIT4 242 Yes Yes 0.00988% 238 EONGRACIA LLC 450 E 4TH ST UNIT4 243 Yes Yes 0.00659% 239 WILLIAMS, JOHN 450 E 4TH ST UNIT4 245 Yes Yes 0.00659% 240 LEE, DR. YEE LEAN 450 E 4TH ST UNIT4 247 Yes Yes 0.00659% 241 VAN VELDNE, LAMBERTUS & ELKE(247, 336) 450 E 4TH ST UNIT4 247 Yes Yes 0.00769% 242 SHARMA, SUDHEEP 450 E 4TH ST UNIT4 337 Yes Yes 0.00659% 243 501-511 ISIS LLC 450 E 4TH ST UNIT4338 Yes Yes 0.00659% 244 PANDJI, EVELINA 450 E 4TH ST UNIT4 348 Yes Yes 0.00659% 245 JAFARIMOJARROD, ELHAM LIVING TRUST 450 E 4TH ST UNIT4 438 Yes Yes 0.00659% 246 OROZCO, JESUS A 450 E 4TH ST UNIT4 439 Yes Yes 0.00659% 247 WAYY, BRIAN 450 E 4TH ST UNIT4 441 Yes Yes 0.00659% 248 J K L VICTORVILLE LLC 450 E 4TH ST UNIT4 449 Yes Yes 0.00659% 249 ADGER, JOHN THE JOHN ADGER TRUST 101 W 4TH ST Yes Yes 0.03102% 250 FRUTAS LA PLACITA 101 W 4TH ST UNIT4 PE Yes Yes 0.26240% 251 SHOE PALACE 4236 102 W 4TH ST Yes Yes 0.07850% 252 MILLER-BURG-DUPONT, INC.(102-106) 106 W 4TH ST Yes Yes 0.06313% 253 GLOBAL ENVIRONMENTAL NETWORK 106 W 4TH ST Yes Yes 0.07392% 254 PRETTY GREAT LLC 106 W 4TH ST UNIT4 515 Yes Yes 0.07850% 255 CORTEZ CPA, P.C. 106 W 4TH ST UNIT4 600 Yes Yes 0.08747% 256 VISIONEERING STUDIOS, INC 106 W 4TH ST UNIT4 600 Yes Yes 0.21043% 257 VISIONEERING STUDIOS CONSTRUCTION, INC 106 W 4TH ST UNIT4 600 Yes Yes 0.10503% 258 P & O ENTERPRISES, LLC 108 W 4TH ST Yes Yes 0.01592% 259 CHA, WON 108 W 4TH ST Yes Yes 0.01702% 260 JR BEAUTY GURUS 108 W 4TH ST Yes Yes 0.07850% 261 CONTINENTAL HALL 108 W 4TH ST UNIT4 A Yes Yes 0.05599% 262 BUFFCO INVESTMENTS, LLC. 109 W 4TH ST Yes Yes 0.01308% 263 COLLEEN O'HARA'S BEAUTY ACADEMY 109 W 4TH ST UNIT4 B Yes Yes 0.19945% 264 SOUTHWEST FAMILY 2004 TRUST 110 W 4TH ST Yes Yes 0.01784% 265 CAPILLA LAS ROSAS WEDDING CHPL 110 W 4TH ST Yes Yes 0.15919% 266 LA MODA 110 W 4TH ST Yes Yes 0.14639% 267 FOOT LOCKER 429532 112 W 4TH ST Yes Yes 0.07850% 268 CHANTHAPAN YA, PHOU N SACK (112-116) 112 W 4TH ST Yes Yes 0.03065% 269 YCU LLC 113 W 4TH ST Yes Yes 0.01427% 270 HISPANOAMERICAN SERVICES 113 W 4TH ST UNIT4 A Yes Yes 0.07868% 271 CASSANDRA'S BRIDAL BANQUETS 115 W 4TH ST Yes Yes 0.07850% 272 CDHF PROPERTY MANAGEMENT 115 W 4TH ST Yes Yes 0.01482% 273 SANCTUARY SOUND 115 W 4TH ST UNIT4 200 Yes Yes 0.07850% 274 VALENCIA, MEDARDO & VICTORIA 116 W 4TH ST Yes Yes 0.01308% 275 VALENCIAJEWELRY 116 W 4TH ST Yes Yes 0.07850% 276 PRODUCTOS VIENESTAR HERBALIFE 116 W 4TH ST UNIT412 Yes Yes 0.08289% 277 REVOLUTION BEAUTY SALON 116 W 4TH ST UNIT4 7 Yes Yes 0.05233% 278 VALENCIA & ASSOCIATES APC 116 W 4TH ST UNIT4 A Yes Yes 0.26313% 279 FAIN BARG V LP 117 W 4TH ST Yes Yes 0.02607% 280 THE PIZZA PRESS 117 W 4TH ST UNIT4 101 Yes Yes 0.32882% 281 SALON SYCAMORE, LLC 117 W 4TH ST UNIT4103 Yes Yes 0.08271% 282 YUM RESTAURANT SERVICES GROUP, LLC 117 W 4TH ST UNIT4 200 Yes Yes 0.08234% 283 LOCKOUT MUSIC STUDIOS 117 W 4TH ST UNIT4 LL Yes Yes 0.12479% 284 SANTA ANA SALON 118 W 4TH ST Yes Yes 0.11089% 285 FRUTAS LA PLACITA 118 W 4TH ST UNIT4 PE Yes Yes 0.26240% 286 BMA INVESTMENT LLC 120 W 4TH ST Yes Yes 0.03477% 287 DON ROBERTO JEWELERS 120 W 4TH ST Yes Yes 0.57969% 288 FAINBARG & FRIEDMAN I, LP 201 W 4TH ST Yes Yes 0.01766% 289 SANFRI GENERAL MERCHANDISE 201 W 4TH ST Yes Yes 0.07850% 290 FRUTAS LA PLACITA 201 W 4TH ST UNIT4 PE Yes Yes 0.26240% 291 HOPPER & BURR 202 W 4TH ST Yes Yes 0.07850% 292 D & D SNACK FOOD 202 W 4TH ST UNIT4 PE Yes Yes 0.26240% 293 VACATION 204 W 4TH ST Yes Yes 0.52260% 294 THE LAW OFFICE OF CHRISTOPHER MARKELZ 206 W 4TH ST Yes Yes 0.00000% 295 SPURGEON DTOC, LLC 206 W 4TH ST Yes Yes 0.07923% 296 RHOMBUS INDUSTRIES 206 W 4TH ST UNIT4 201 Yes Yes 0.19176% 297 GRACE'S ENTERPRISES 206 W 4TH ST UNIT4 203 Yes Yes 0.08564% 298 MUSICAL ARTISTRY 206 W 4TH ST UNIT4 210E Yes Yes 0.05233% 299 AURADOME 206 W 4TH ST UNIT4 214 Yes Yes 0.10247% 300 POMADE, INC. 206 W 4TH ST UNIT4 220 Yes Yes 0.52808% City Council Page 4 of 8 35 - 14 12/7/2021 301 SC CREATIVE CORP. 206 W 4TH ST UNIT4 225 Yes Yes 0.02635% 302 PICKAXE & SHOVEL, LLC 206 W 4TH ST UNIT4 241 Yes Yes 0.05233% 303 CABRAL LAW GROUP 206 W 4TH ST UNIT4 301 Yes Yes 0.09625% 304 LOS ABOGADOS DE ACCIDENTES- SOCAL INJURY LAWYERS 206 W 4TH ST UNIT4 320 Yes Yes 0.00000% 305 LAW OFFICE OF SARAH KABIR 206 W 4TH ST UNIT4 333 Yes Yes 0.08747% 306 REICH, ADELL, & CVITAN 206 W 4TH ST UNIT4 339 Yes Yes 0.08747% 307 D. GONZALEZ LAW, APC 206 W 4TH ST UNIT4 340 Yes Yes 0.08747% 308 RODRIGUEZ INCOME TAX 206 W 4TH ST UNIT4 409 Yes Yes 0.05233% 309 CALIBER HOME HEALTH 206 W 4TH ST UNIT4 416 Yes Yes 0.03916% 310 BREAKING FREE INDUSTRIES, INC. 206 W 4TH ST UNIT4 425 Yes Yes 0.03916% 311 INDIGO RECORDS 206 W 4TH ST UNIT4 440 Yes Yes 0.05306% 312 CHEVITASJUICE AND BAGELS 209 W 4TH ST Yes Yes 0.11967% 313 MTAEN, LLC (209-211) 209 W 4TH ST Yes Yes 0.01528% 314 LEMUS' SHOP 209 W 4TH ST UNIT4 A Yes Yes 0.11144% 315 J & F CALIFORNIA MULTISERVICES 209 W 4TH ST UNIT4 D Yes Yes 0.05233% 316 CALI CURVES COLOMBIAN FAJAS 210 W 4TH ST Yes Yes 0.07850% 317 UNITED LEGAL SERVICES 211 W 4TH ST Yes Yes 0.05746% 318 NATURAL SUPPLEMENTS 211 W 4TH ST Yes Yes 0.07905% 319 ATLAS JEWELRY 211 W 4TH ST Yes Yes 0.08728% 320 JACOBO FOTO Y VIDEO 211 W 4TH ST Yes Yes 0.05233% 321 JESSICA'S BRIDAL 212 W 4TH ST Yes Yes 0.07850% 322 ANGELS 213 W 4TH ST Yes Yes 0.17841% 323 DUEL, EBRAHIM M.D. - INC 214 W 4TH ST Yes Yes 0.01308% 324 ROBBINS, ROSALIND K (215-217) 215 W 4TH ST Yes Yes 0.01958% 325 DISCREET LOVING 215 W 4TH ST Yes Yes 0.08069% 326 THE NET 217 W 4TH ST Yes Yes 0.05233% 327 MKT.INC/METRO PCS 217 W 4TH ST Yes Yes 0.07850% 328 ETERNA ILUSION 218 W 4TH ST Yes Yes 0.07850% 329 219 W 4TH ST TRUST 219 W 4TH ST Yes Yes 0.01601% 330 FUR FRIENDS 219 W 4TH ST Yes Yes 0.07850% 331 JASHEL BRIDAL & PARTY PLANNERS 220 W 4TH ST Yes Yes 0.07850% 332 HWANG, THOMAS D 220 W 4TH ST Yes Yes 0.01839% 333 BARBERIA EL CATRIN 221 W 4TH ST Yes Yes 0.03916% 334 AVA ENTERPRISES, LLC 221 W 4TH ST Yes Yes 0.00220% 335 BOTANICA LATINA 222 W 4TH ST Yes Yes 0.10375% 336 HOLIDAY TRAVEL & TOURS II 222 W 4TH ST Yes Yes 0.06221% 337 CHAPALA'S BEAUTY SALON 222 W 4TH ST UNIT4 A Yes Yes 0.05599% 338 ALFA INSURANCE SERVICES 222 W 4TH ST UNIT4 A Yes Yes 0.05672% 339 CELENE'S BRIDAL 222 W 4TH ST UNIT4 B Yes Yes 0.05874% 340 FRUTAS ACAPULCO 222 W 4TH ST UNIT4 PE Yes Yes 0.26240% 341 VALLEJO, ANTONIO(223 W 4TH ST & 409 N BROADWAY ST) 223 W 4TH ST Yes Yes 0.03998% 342 TERESA'S JEWELERS 223 W 4TH ST Yes Yes 0.49131% 343 STARBUCKS COFFEE 48941 301 W 4TH ST Yes Yes 0.65489% 344 PHILLIPS HUTTON PARTNERS LLC 301 W 4TH ST Yes Yes 0.03952% 345 LEDWIN,BRUNO & RAQUEL(302-306) 302 W 4TH ST Yes Yes 0.01272% 346 CARTER BOWL 302 W 4TH ST UNIT4 PE Yes Yes 0.26240% 347 ANA'S EVERYTHING STORE 304 W 4TH ST Yes Yes 0.12022% 348 PEER MENTAL WELLNESS 305 W 4TH ST Yes Yes 0.05709% 349 THE KEBAB PLACE 306 W 4TH ST Yes Yes 0.07850% 350 KEBAB PLACE 306 W 4TH ST Yes Yes 0.07850% 351 CERVECERIA SANTA ANA 307 W 4TH ST Yes Yes 0.05233% 352 CULTURE DTSA 309 W 4TH ST Yes Yes 0.01930% 353 CHA, WON (310-318) 312 W 4TH ST Yes Yes 0.01382% 354 U.S. FINANCING 314 W 4TH ST Yes Yes 0.05892% 355 DOWNTOWN JEWELRY AND LOAN 314 W 4TH ST Yes Yes 0.52479% 356 I -DELTA 316 W 4TH ST UNIT4 232 Yes Yes 0.06990% 357 MONTE DE PIEDAD 318 W 4TH ST Yes Yes 0.09661% 358 4th STREET THEATRE BLDG, LLC 324 W 4TH ST Yes Yes 0.02763% 359 CAFE CULTURA: CONTERMPORARY MEXICAN CAFETERIA(A&B) 324 W 4TH ST UNIT4 A Yes Yes 0.50228% 360 GUNTHER'S 324 W 4TH ST UNIT4 E Yes Yes 0.07850% 361 PERLA MEXICAN CUISINE 400 W 4TH ST Yes Yes 0.10210% 362 BARBERIA EL CATRIN, INC. 400 W 4TH ST UNIT4 B Yes Yes 0.05233% 363 THE COMB SALON 402 W 4TH ST Yes Yes 0.07868% 364 BROADWAY IMPROVEMENT CO INC 404 W 4TH ST Yes Yes 0.03678% 365 LOCKOUT MUSIC STUDIOS 404 W 4TH ST Yes Yes 0.07832% 366 CAMPSITE MEDIA HOUSE 404 W 4TH ST UNIT4 A Yes Yes 0.05233% 367 ASAP LEGAL SOLUTION 404 W 4TH ST UNIT4 B Yes Yes 0.58554% 368 HAIR ATELIER BY KARLY GISELLE 404 W 4TH ST UNIT4 E Yes Yes 0.05233% 369 HYPE PRIESTESS 404 W 4TH ST UNIT4 K Yes Yes 0.11089% 370 REED, KENNETH ALAN ATTY AT LAW 406 W 4TH ST Yes Yes 0.00000% 371 YV DENTAL PRACTICE OF ORANGE COUNTY INC. 408 W 4TH ST Yes Yes 0.10503% 372 CRAVE 410 W 4TH ST Yes Yes 0.65324% 373 SIMPLE VENTURE LLC 412 W 4TH ST UNIT4 201 Yes Yes 0.03916% 374 LFT PROPERTY MANAGMENT, LLC 414 W 4TH ST Yes Yes 0.03943% 375 I CAN BARBECUE SANTA ANA 414 W 4TH ST Yes Yes 0.17566% 376 SHOFFNER, GARY E 414 W 4TH ST UNIT4 A Yes Yes 0.08747% 377 GOOD DAZE TATTOO 414 W 4TH ST UNIT4 L Yes Yes 0.03916% City Council Page 5 of 8 35 - 15 12/7/2021 378 PREMIERE ASSOCIATION MGMT 414 W 4TH ST UNIT4 O Yes Yes 0.05233% 379 VELVET LOUNGE 416 W 4TH ST Yes Yes 0.07850% 380 RAMONA BUILDING LLC (118-120) 118 W 5TH ST Yes Yes 0.06468% 381 ESPORTS ARENA 120 W 5TH ST UNIT4100 Yes Yes 0.68874% 382 SVN / VANGUARD 120 W 5TH ST UNIT4 210 Yes Yes 0.62689% 383 FINANCIAL ADVOCATES, INC. 120 W 5TH ST UNIT4 220 Yes Yes 0.21921% 384 LIGHT AND SHINE PHOTOGRAPHY 222 W 5TH ST Yes Yes 0.11638% 385 LOCKOUT MUSIC STUDIOS 224 W 5TH ST Yes Yes 0.06990% 386 THE WEST END KITCHEN & PUB 300 W 5TH ST Yes Yes 0.07850% 387 BROADWAY IMPROVEMENT CO (300-322) 306 W 5TH ST Yes Yes 0.02397% 388 LOCKOUT MUSIC STUDIOS 310 W 5TH ST Yes Yes 0.17237% 389 THE CHICKEN RICE 318 W 5TH ST Yes Yes 0.58517% 390 MIL JUGOS 320 W 5TH ST Yes Yes 0.07850% 391 THE ARMORY HALL 313 N BIRCH ST Yes Yes 0.04062% 392 SHAFIR LAW, APC 313 N BIRCH ST UNIT4 100 Yes Yes 0.14895% 393 GO RN, LLC 313 N BIRCH ST UNIT4 102 Yes Yes 0.42488% 394 MORRISSEY ASSOCIATES, INC. 313 N BIRCH ST UNIT4 103 Yes Yes 0.25434% 395 HOUSEABLES 313 N BIRCH ST UNIT4 200 Yes Yes 0.07850% 396 HALL, TOM 101 S BIRCH ST Yes Yes 0.00659% 397 MATTINGLEY, MIKE 105 S BIRCH ST Yes Yes 0.00659% 398 CASA LINDA FURNITURE INC 116 N BROADWAY ST Yes Yes 1.78846% 399 109 BROADWAY, LLC 117 N BROADWAY ST Yes Yes 0.02013% 400 GUADALAJARA FURNITURE OUTLET 117 N BROADWAY ST Yes Yes 0.66148% 401 HIPCOOKS 125 N BROADWAY ST UNIT4 C Yes Yes 0.24428% 402 GYPSY DEN 125 N BROADWAY ST UNIT4 D Yes Yes 0.35901% 403 NEXT ROUND BAR & GRILL 200 N BROADWAY ST Yes Yes 0.26240% 404 CONGREGATION ALE HOUSE 201 N BROADWAY ST Yes Yes 0.40128% 405 EMPIRE BROADWAY LLC 204 N BROADWAY ST Yes Yes 0.03678% 406 HAL BRISCOE FINE ART 204 N BROADWAY ST UNIT4 M Yes Yes 0.07850% 407 SMARTY SOCIAL MEDIA, INC 204 N BROADWAY ST UNIT4 N Yes Yes 0.82964% 408 SANTORA GROUP LLC 207 N BROADWAY ST Yes Yes 0.05727% 409 ATILANO SALON 207 N BROADWAY ST UNIT4100 Yes Yes 0.05709% 410 CALENDAR FACTORY INC dba TETHOS CREATIVE 207 N BROADWAY ST UNIT4 A Yes Yes 0.28362% 411 GENE, ARTIST STUDIO/ GALLERY 207 N BROADWAY ST UNIT4 Bll Yes Yes 0.07850% 412 THE ARTBAR 207 N BROADWAY ST UNIT4 B6 Yes Yes 0.10046% 413 TWEENA'STUNES 207 N BROADWAY ST UNIT4 E Yes Yes 0.06734% 414 LAW OFFICES OF FERNANDO LEONE 207 N BROADWAY ST UNIT4 F Yes Yes 0.00000% 415 LAW OFFICE OF ROBERT NEWMAN 207 N BROADWAY ST UNIT4 K Yes Yes 0.09625% 416 ESPARZA, ROSEMARY J LAW OFFICES 207 N BROADWAY ST UNIT4 N Yes Yes 0.09625% 417 NEXTLINKS 208 N BROADWAY ST Yes Yes 0.05233% 418 THE MAIN CAVE BARBER SHOP 210 N BROADWAY ST Yes Yes 0.05233% 419 BLACKMARKET BAKERY SA LLC 211 N BROADWAY ST Yes Yes 0.07850% 420 CORBIZ LLC 214 N BROADWAY ST Yes Yes 0.06807% 421 ELITE FITNESS DOWNTOWN, LLC 214 N BROADWAY ST Yes Yes 0.10064% 422 PROOF 215 N BROADWAY ST Yes Yes 0.51052% 423 BELLABYBC 217 N BROADWAY ST Yes Yes 0.08381% 424 ARTIST VILLAGE HAIR STUDIO BY BREJHON 217 N BROADWAY ST Yes Yes 0.07868% 425 CORBIZ LLC (217-221) 217 N BROADWAY ST Yes Yes 0.02388% 426 TACO LIBRE BY AZUL 219 N BROADWAY ST Yes Yes 0.07850% 427 BROADWAY STUDIOS OC 219 N BROADWAY ST Yes Yes 0.03037% 428 SUBWAY 426294 220 N BROADWAY ST Yes Yes 0.29094% 429 CLIMB ALPHA HOLDINGS LLC(225-227) 225 N BROADWAY ST Yes Yes 0.05169% 430 AKINSPARKER CREATIVE, LLC 225 N BROADWAY ST Yes Yes 0.66495% 431 THE COPPER DOOR BAR 225 1/2 N BROADWAY ST Yes Yes 0.07850% 432 RUMORZ KUTZ 225 N BROADWAY ST UNIT4 201 Yes Yes 0.05233% 433 LSR BUILDERS, INC 225 N BROADWAY ST UNIT4 216 Yes Yes 0.10503% 434 CHAPTER ONE: THE MODERN LOCAL 227 N BROADWAY ST Yes Yes 0.87612% 435 GILMAKER, DEBORAH (300-306) 300 N BROADWAY ST Yes Yes 0.04858% 436 CHAMPION FINANCIAL SERVICES 300 N BROADWAY ST Yes Yes 0.05892% 437 TROPHIES 304 N BROADWAY ST Yes Yes 0.05233% 438 CENTRO NATURISTA 310 N BROADWAY ST Yes Yes 0.07850% 439 ARA'S BRIDAL 323 N BROADWAY ST UNIT4 B Yes Yes 0.07850% 440 FABIAN PHOTOGRAPHY STUDIO 324 N BROADWAY ST Yes Yes 0.05233% 441 SAADI, JOSEPH I 325 N BROADWAY ST Yes Yes 0.02699% 442 GENISES BRIDAL BOUTIQUE 405 N BROADWAY ST UNIT4 A Yes Yes 0.14108% 443 LIGHTS OC 405 N BROADWAY ST UNIT4 B Yes Yes 0.07850% 444 DAPPER DON BARBER LOUNGE 405 N BROADWAY ST UNIT4 D Yes Yes 0.05233% 445 SOUL SWEET STUDIO 405 N BROADWAY ST UNIT4 G Yes Yes 0.05306% 446 HECTOR'S43 409N BROADWAY ST Yes Yes 0.63678% 447 UNISEX BEAUTY SALON 413 N BROADWAY ST Yes Yes 0.08234% 448 FAINBARG, ALLAN 413 N BROADWAY ST Yes Yes 0.02068% 449 RIVAS FOOD CO. 413 N BROADWAY ST UNIT4 A Yes Yes 0.07850% 450 BEATNIK BANDITO MUSIC EMPORIUM 417 N BROADWAY ST Yes Yes 0.08399% 451 PORT CITY TATTOO 419 N BROADWAY ST Yes Yes 0.12296% 452 TRUTH & ADVERTISING 454 N BROADWAY ST Yes Yes 0.57493% 453 THE INCONVENIENCE STORE 454 N BROADWAY ST UNIT4100 Yes Yes 0.08618% 454 DOWNTOWN TIRES AND AUTO REPAIR 119 N BUSH ST UNIT4 A Yes Yes 0.11473% City Council Page 6 of 8 35 - 16 12/7/2021 455 SPEEDFORCE AUTO REPAIR 119 N BUSH ST UNIT4 Al Yes Yes 0.05233% 456 STANDARD REBUILDERS 119 N BUSH ST UNIT4 B Yes Yes 0.11528% 457 AES GLOBAL INC 205 N BUSH ST Yes Yes 0.05233% 458 SPLITENDS SALON 207 N BUSH ST Yes Yes 0.05233% 459 PARLOR TATTOO PRINTS 209 N BUSH ST Yes Yes 0.10375% 460 KICKER FISHING BRAND LLC 213 N BUSH ST Yes Yes 0.05874% 461 IMAGE LAB 216 N BUSH ST Yes Yes 0.05233% 462 S.M. DESIGN ASSOC., INC. 220 N BUSH ST Yes Yes 0.16871% 463 IQ RISK INSURANCE SERVICES LLC 225 N BUSH ST Yes Yes 0.32754% 464 DONALD KROTEE PARTNERSHIP INC 230 N BUSH ST Yes Yes 0.16651% 465 FABYS W IGS 232 N BUSH ST Yes Yes 0.07850% 466 THEMGOODS DISTRIBUTION 243 N BUSH ST Yes Yes 0.15773% 467 FORKAN, JOE A. 265 N BUSH ST Yes Yes 0.03074% 468 BARBARINO, RICHARD 265 N BUSH ST Yes Yes 0.00659% 469 PARKING CO OF AMER CAL 300 N BUSH ST Yes Yes 0.05489% 470 LA CASA BLANCA BEAUTY SALON 300 N BUSH ST Yes Yes 0.06038% 471 PARKING CO OF AMERICA/CAL 302 N BUSH ST Yes Yes 0.01391% 472 ELMA'S BEAUTY SALON 308 N BUSH ST Yes Yes 0.10576% 473 ELISA RADILLO TRUST (308,310,& 312) 308 N BUSH ST Yes Yes 0.01308% 474 JALISCO BRIDAL FOTO & VIDEO 310 N BUSH ST Yes Yes 0.08509% 475 LAS CASUELAS 312 N BUSH ST Yes Yes 0.07850% 476 EAT CHOW 313 N BUSH ST Yes Yes 0.51601% 477 THE WILCOX GROUP, LLC 712 N BUSH ST Yes Yes 0.01757% 478 CUSTOM AUTO SERVICE 302 N FRENCH ST Yes Yes 0.24373% 479 LOCKOUT MUSIC STUDIOS 320 N FRENCH ST Yes Yes 0.13028% 480 LEFT OF THE DIAL RECORDS 320 N FRENCH ST UNIT4 B Yes Yes 0.12900% 481 M & A GABAEE, A CAL LTD PTNERSHIP 102 N MAIN ST Yes Yes 0.05178% 482 CVS/PHARMACY 49583 102 N MAIN ST Yes Yes 2.67007% 483 RITE AID 45759 111 N MAIN ST Yes Yes 1.66111% 484 SWINERTON 200 N MAIN ST Yes Yes 0.05233% 485 DGWB VENTURES LLC 217 N MAIN ST UNIT4 M22 Yes Yes 0.01308% 486 3211 E MANDEVILLE, LLC 300 N MAIN ST Yes Yes 0.01308% 487 MIX MIX KITCHEN BAR 300 N MAIN ST Yes Yes 0.46770% 488 DUEL, EBRAHIM 301 N MAIN ST Yes Yes 0.02479% 489 WESTERN WOMENS INSTITUTE, INC. 301 N MAIN ST Yes Yes 0.11381% 490 TONY'S BASEMENT 302 N MAIN ST Yes Yes 0.00000% 491 TONY'S BASEMENT 302 N MAIN ST Yes Yes 0.07850% 492 OMAKASE BY GINO 304 N MAIN ST Yes Yes 0.38646% 493 QUAN M. TRAN, O.D. OPTOMETRY 305 N MAIN ST Yes Yes 0.09625% 494 MADLINE TATTOO 307 N MAIN ST Yes Yes 0.05929% 495 WESTERN DENTAL SERVICES INC 500 N MAIN ST Yes Yes 0.41244% 496 LOCKOUT MUSIC STUDIOS 501 N MAIN ST Yes Yes 0.21336% 497 CROSSFIT DOWNTOWN SANTA ANA 503 N MAIN ST Yes Yes 0.13248% 498 S A CLINICA MEDICA GENERAL 505 N MAIN ST Yes Yes 0.00000% 499 MAIN ST PHARMACY 510 N MAIN ST Yes Yes 0.03952% 500 515 N MAIN LLC 515 N MAIN ST Yes Yes 0.03285% 501 McFADDEN PUBLIC MARKET 515 N MAIN ST Yes Yes 0.39853% 502 DOKUDAI RAMEN 515 N MAIN ST UNIT4 B Yes Yes 0.22177% 503 MUNCHIES OC LLC 515 N MAIN ST UNIT4 C Yes Yes 0.52534% 504 WINGS & BOWLS 515 N MAIN ST UNIT4 C Yes Yes 0.15480% 505 PL3R SYSTEMS, INC. (CHEBA) 517 N MAIN ST Yes Yes 0.08179% 506 CLINICA MEDICA FAMILIAR DE SANTA ANA 517 N MAIN ST Yes Yes 0.25434% 507 CAMINO NUEVO FAMILY HEALTH CLINIC 517 N MAIN ST UNIT4 100 Yes Yes 0.00000% 508 SOUTH GATE ROSE PHARMACY INC 517 N MAIN ST UNIT4 101 Yes Yes 0.43696% 509 RAPLISA MEDICAL MANAGEMENT, INC. 517 N MAIN ST UNIT4 200 Yes Yes 0.34949% 510 MAIN OPTICAL 517 N MAIN ST UNIT4 201 Yes Yes 0.08710% 511 SO CAL AUTO REGISTRATION 517 N MAIN ST UNIT4 220 Yes Yes 0.05233% 512 ALLIANCE OF LATINO HEALTH SERVICES MED GROUP, INC 517 N MAIN ST UNIT4 220 Yes Yes 0.08747% 513 CACERES, JULIO DDS 517 N MAIN ST UNIT4 300 Yes Yes 0.10503% 514 AGUILAR, SERGIO DDS 520 N MAIN ST Yes Yes 0.11381% 515 AQUEVEQUE, JOSE (& 109 W CAMILE) 520 N MAIN ST Yes Yes 0.00878% 516 NUVIEW OPTOMETRIC CENTER 520 N MAIN ST UNIT4120 Yes Yes 0.08747% 517 NEW FOUNDATION MEDICAL GROUP 520 N MAIN ST UNIT4120 Yes Yes 0.26276% 518 APEX HOME HEALTHCARE SERVICES 520 N MAIN ST UNIT4 200 Yes Yes 0.73302% 519 AMERICAN WEST HEALTHCARE SOLUTION 520 N MAIN ST UNIT4 220 Yes Yes 0.05233% 520 NEW FOUNDATION MEDICAL GROUP 520 N MAIN ST UNIT4 220 Yes Yes 0.26276% 521 APEX HOSPICE CARE, INC. 520 N MAIN ST UNIT4 250 Yes Yes 0.76193% 522 APEX HOME CARE LLC 520 N MAIN ST UNIT4 250 Yes Yes 0.37914% 523 JACK IN THE BOX 43180 601 N MAIN ST Yes Yes 0.75645% 524 THE BNS FUND, LLC 601 N MAIN ST Yes Yes 0.02873% 525 JACK IN THE BOX 43180 601 N MAIN ST Yes Yes 0.07850% 526 OXFORD CONSTRUCTION 620 N MAIN ST Yes Yes 0.05270% 527 SUKARNE 631 N MAIN ST Yes Yes 0.07850% 528 POLADIAN, JACQUELINE 700 N MAIN ST Yes Yes 0.03339% 529 SUBWAY!! 63685 700 N MAIN ST Yes Yes 0.30466% 530 7-ELEVEN STORE 437101A 700 N MAIN ST UNIT4 B Yes Yes 0.61976% 531 EXPRESS ELECTRICAL SERVICE 700 N MAIN ST UNIT4 C Yes Yes 0.10503% City Council Page 7 of 8 35 - 17 12/7/2021 532 BURGER KING 4309 4916 701 N MAIN ST Yes Yes 0.65324% 533 OC CENTER OF LEGAL SVCS 711 N MAIN ST Yes Yes 0.10503% 534 Z'S KITCHEN 715 N MAIN ST Yes Yes 0.03952% 535 SOMBRERO STREET 719 N MAIN ST Yes Yes 0.60988% 536 ORIGINAL MIKE'S 100 S MAIN ST Yes Yes 0.07850% 537 100 SOUTH MAIN STREET LLC 100 S MAIN ST Yes Yes 0.06496% 538 FIRESTONE COMPLETE AUTO CARE 4016748 101 S MAIN ST Yes Yes 0.54565% 539 WNC REAL ESTATE PARTNERS LP 100 N ROSS ST Yes Yes 0.22397% 540 EMILIO GONZALEZ PAINTING 300 E SANTA ANA BLVD UNIT4 214 Yes Yes 0.06368% 541 SANTA ANA CA II SGF LLC 200 W SANTA ANA BLVD Yes Yes 0.15883% 542 THE REEVES LAW GROUP 200 W SANTA ANA BLVD UNIT4 600 Yes Yes 0.37694% 543 BAGGY, GAJDOS & ZACHARY, LLP 200 W SANTA ANA BLVD UNIT4 950 Yes Yes 0.35059% 544 WILSON AND PESOTA, LLP 200 W SANTA ANA BLVD UNIT4 970 Yes Yes 0.00000% 545 SA ATHLATIC CLUB 518 W SANTA ANA BLVD Yes Yes 0.05233% 546 JA INSTITUTE OF BARBERING AND COSMETOLOGY 520 W SANTA ANA BLVD Yes Yes 0.05233% 547 BEST CONSTRUCTION SERVICES, INC. 520 W SANTA ANA BLVD Yes Yes 0.10503% 548 OC CIVIC CENTER DEVELOLPMENT LLC 550 W SANTA ANA BLVD Yes Yes 0.03614% 549 CIVIC CENTER LLC 600 W SANTA ANA BLVD Yes Yes 0.20064% 550 RASCH INVESTIGATIONS 600 W SANTA ANA BLVD Yes Yes 0.07026% 551 IMMIGRATION 4 U 600 W SANTA ANA BLVD Yes Yes 0.07685% 552 ORANGE COUNTY REPORTER 600 W SANTA ANA BLVD Yes Yes 0.35736% 553 M C D GENERAL SERVICES 600 W SANTA ANA BLVD Yes Yes 0.07539% 554 DANTE'S COFFEE & TEA 600 W SANTA ANA BLVD UNIT4 100 Yes Yes 0.17072% 555 SANTA ANA LEGAL SUPPORT, INC 600 W SANTA ANA BLVD UNIT4 101 Yes Yes 0.88892% 556 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT4 107 Yes Yes 0.05233% 557 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT4 108 Yes Yes 0.05233% 558 PES-EBS, INC. 600 W SANTA ANA BLVD UNIT4 110 Yes Yes 0.05233% 559 FREEDOM MAILBOX 600 W SANTA ANA BLVD UNIT4 114 Yes Yes 0.06112% 560 LAW OFFICE OF MACIEL & ASSOCIATES 600 W SANTA ANA BLVD UNIT4 1160 Yes Yes 0.00000% 561 LAW OFFICES OF STEPHEN J RIGGS 600 W SANTA ANA BLVD UNIT4 202 Yes Yes 0.08747% 562 LEGAL SUPPORT NETWORK, LLC 600 W SANTA ANA BLVD UNIT4 214C Yes Yes 0.07941% 563 SUNCITY SOLAR RENEWABLE INC 600 W SANTA ANA BLVD UNIT4 214K Yes Yes 0.05233% 564 PATRICO, HERMANSON & GUZMAN, A. P. C. 600 W SANTA ANA BLVD UNIT4 700 Yes Yes 0.20165% 565 SUNNY HILLS MANAGEMENT CO. INC. 600 W SANTA ANA BLVD UNIT4 800 Yes Yes 0.13358% 566 BETTER HEALTH NETWORK MANAGEMENT, INC. 600 W SANTA ANA BLVD UNIT4 802 Yes Yes 0.29789% 567 BARTONE, GREGORY LEE ATTORNEY 600 W SANTA ANA BLVD UNIT4 814 Yes Yes 0.08747% 568 ROLNICKI, ROLF ATTORNEY 600 W SANTA ANA BLVD UNIT4 814 Yes Yes 0.02415% 569 ROSEN, MARK S- ATTORNEY 600 W SANTA ANA BLVD UNIT4 814 Yes Yes 0.00000% 570 COUNTYWIDE SMART HOMES 600 W SANTA ANA BLVD UNIT4 900 Yes Yes 0.05233% 571 LAW OFFICE OF RENEE GARCIA 600 W SANTA ANA BLVD UNIT4 910 Yes Yes 0.08747% 572 OSAIIMA, GLENN K LAW OFFICES O 600 W SANTA ANA BLVD UNIT4 910 Yes Yes 0.08747% 573 MUNOZ & ASSOCIATES 600 W SANTA ANA BLVD UNIT4 910 Yes Yes 0.10503% 574 H&H LAW 600 W SANTA ANA BLVD UNIT4 950 Yes Yes 0.14016% 575 SCHULMAN, THOMAS L 600 W SANTA ANA BLVD UNIT4 955 Yes Yes 0.09625% 576 LAW OFFICE OF DEBORAH M. VASQUEZ 600 W SANTA ANA BLVD UNIT4 955 Yes Yes 0.08747% 577 PACIFIC TECHOLOGY INDUSTRIES CO 600 W SANTA ANA BLVD UNIT4 960 Yes Yes 0.03916% 578 WEB GROUP CLUB, INC 600 W SANTA ANA BLVD UNIT4 960 Yes Yes 0.05233% 579 CHLOE M. STATON TRUST (219 E 1ST ST) 116 N SPURGEON ST Yes Yes 0.01546% 580 EAST END REALTY PARTNERS, LP 301 N SPURGEON ST Yes Yes 0.03394% 581 EL MERCADO MODERN CUISINE 301 N SPURGEON ST Yes Yes 0.29039% 582 KAIZEN SHABU 303 N SPURGEON ST Yes Yes 0.21738% 583 THE YOST- 1912 305 N SPURGEON ST Yes Yes 0.32113% 584 THE YOST 307 N SPURGEON ST Yes Yes 0.79871% 585 GUS'S WORLD FAMOUS FRIED CHICKEN 102 N SYCAMORE ST Yes Yes 0.34858% 586 Q ART SALON 205 N SYCAMORE ST Yes Yes 0.11144% 587 WESTCLIFF PROPERTIES 211 N SYCAMORE ST Yes Yes 0.06990% 588 HICHMAN, ALEXANDER B. (221, 223, & 223 1/2) 221 N SYCAMORE ST Yes Yes 0.00878% 589 JMACH INC 231 N SYCAMORE ST Yes Yes 0.08417% 590 LAW OFFICE OF MICHAEL D. FRANCO 261 N SYCAMORE ST Yes Yes 0.00000% 591 CREACIONES ALEJANDRA FOTO ESTUDIO Y BRIDAL SHOP 318 N SYCAMORE ST Yes Yes 0.09442% 592 LOMELI, ARTURO DDS 415 N SYCAMORE ST Yes Yes 0.00000% 593 DIAMOND PARKING SERVICES LLC tISA01 416 N SYCAMORE ST Yes Yes 0.09552% 594 VITARELLI 511 N SYCAMORE ST Yes Yes 0.08124% 595 ESCAPE VR LLC 515 N SYCAMORE ST Yes Yes 0.07850% 596 SONI, NEIL (701-703) 701 N SYCAMORE ST Yes Yes 0.00988% 100.00 % City Council Page 8 of 8 35 - 18 12/7/2021 EXHIBIT 3 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA LEVYING AN ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2022 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On February 6, 1984, the City Council, by Ordinance No. NS-1715, established the Downtown Santa Ana Business Improvement Area pursuant to California Streets and Highways Code Sections 36500, et seq. (the "BID Law"). B. On November 2, 2021, the City Council received the 2022 Annual Assessment Report for the Downtown Santa Ana Business Improvement District (the "Report"). C. On November 2, 2021, the City Council adopted Resolution 2021-063 approving the Report and setting a public hearing for December 7, 2021, at which time protests could be made to the proposed levy of the 2022 annual assessment for the Downtown Santa Ana Business Improvement District (the "Annual Assessment"). D. On December 7, 2021, at the time and place called for in Resolution 2021- 063, the City Council conducted a duly noticed public hearing at which written and oral protests to the proposed Annual Assessment were made and considered as provided in Streets and Highways Code sections 36524 and 36525. E. Qualifying written protests constituting a majority of the owners of the businesses paying the Annual Assessment were not received at or before the conclusion of the public hearing. Section 2. The 2022 Assessment Report is hereby confirmed, and the levy of an assessment for the calendar year 2022 in accordance with Attachment B of the Report, a copy of which is attached hereto and incorporated herein by reference, is hereby approved. Resolution No. 2021-XXX Page 1 of 3 City Council 35 — 19 12/7/2021 EXHIBIT 3 ADOPTED this day of , 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By- Ryan�O. H' 'dge Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2021-XXX Page 2 of 3 City Council 35 — 20 12/7/2021 EXHIBIT 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX Page 3 of 3 City Council 35 — 21 12/7/2021 Community Development Agency www.santa-ana.org/cd Item # 36 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Fiscal Year 21-22 Request for Proposals for Affordable Housing Development AGENDA TITLE: Public Hearing — Authorize Issuance of the Fiscal Year 21-22 Request for Proposals for Affordable Housing Development and Approve a Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan RECOMMENDED ACTION 1. Authorize the City Manager to issue a Fiscal Year 21-22 (FY 21-22) Request for Proposals for Affordable Housing Development to solicit proposals for affordable rental and ownership project(s) in the City of Santa Ana with funding from the Inclusionary Housing Fund, HOME Investment Partnerships (HOME) Program, HOME —American Rescue Plan (HOME -ARP), Project -Based Voucher Program and Neighborhood Stabilization Program. 2. Approve a Substantial Amendment to the Fiscal year 2021-2022 Annual Action Plan to adopt the HOME -ARP Allocation Plan for the allocation of $6,183,914 in HOME - ARP funds and authorize the submission of the Substantial Amendment to the U.S. Department of Housing and Urban Development. 3. Approve an appropriation adjustment recognizing an allocation of HOME -ARP funds in the amount of $ 6,183,914 in revenue account (18218002-52008) and appropriating the same in expenditure account (18218780-various). (Requires five affirmative votes) DISCUSSION Under Section III of the Affordable Housing Funds Policies and Procedures amended by City Council on August 18, 2020, the Community Development Agency, upon City Council approval, will issue a Request for Proposals (RFP), for available funds. The RFP will be open (an "Open RFP Process") and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal. As such, staff is requesting authorization to release the Fiscal Year 2021-2022 Request for Proposals for Affordable Housing Development (Exhibit 1). City Council 36 — 1 12/7/2021 Fiscal Year 21-22 Request for Proposals for Affordable Housing Development December 7, 2021 Page 2 The available funds for this RFP includes funds available in the Inclusionary Housing Fund, HOME Investment Partnerships (HOME) Program, HOME -American Rescue Plan (HOME -ARP) Program, Project -Based Voucher Program, Neighborhood Stabilization Program and/or any other funds received by the City of Santa Ana for affordable housing purposes as published on a quarterly basis as an exhibit in the Housing Division Quarterly Report. The available funds for this RFP are as follows: Inclusionary Housing Fund $10,093,318 HOME Investment Partnerships Program (HOME) $3,161,226 HOME —American Rescue Plan (HOME —ARP) $5,256,327 Neighborhood Stabilization Program (NSP) $135,107 Project -Based Vouchers Twenty -Five (25) TOTAL $18,645,978 and 25 Project - Based Vouchers Staff is interested in furthering the following priorities through this RFP: 1) Acquisition and rehabilitation projects that consist of substantial rehabilitation and will impose long-term affordability covenants on the units. 2) Projects that will provide affordable homeownership opportunities. Available program funds may be used for affordable housing development loans for the following eligible purposes- 1 ) The purchase of existing multi -family or other buildings for rent or sale to very low - and extremely low-income households and for the development of congregate housing for rent to very low- and extremely low-income persons with special needs (e.g. homeless individuals and families, elderly, persons with a disability). 2) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as Low -Income Housing Tax Credits, the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and/or other available State and Federal programs. 3) The development of limited -equity housing cooperatives through either conversion or new construction. 4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to: a. site acquisition and preparation; b. rehabilitation of dwelling units, common areas and related structures; c. new construction; d. carrying charges and financing fees; City Council 36 — 2 12/7/2021 Fiscal Year 21-22 Request for Proposals for Affordable Housing Development December 7, 2021 Page 3 e. architectural, legal, and organizational fees; f. temporary or permanent tenant relocation costs. Land Assets Owned by the Housing Authority Staff is also including a land asset currently held by the Housing Authority in this RFP. The proposed development of the property would be solely for the development of affordable housing. The land asset owned by the Housing Authority and available for development under this RFP is as follows- (1) 302 E. Twenty -Second Street a) APN:003-122-25 b) Lot Size: 27,817sf c) Current Zoning: R1 Single -Family Residence, which allows one house per lot. d) Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside e) Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway -widening project. The site was vacant and undeveloped at the time it was acquired. f) General Plan: Low Density Residential, which allows single-family residences and ancillary uses. g) Maximum du/ac: Seven units per acre. h) Site Condition / Environmental Conditions: Property is irregular in shape, is below the minimum lot size for a residential lot, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit. The land asset will be awarded under a ground -lease option such that the land will remain with the Authority as a long-term public benefit. Specifically, the Housing Authority intends to retain ownership of the site and enter into a long-term ground lease for up to 99 years. The parcel will be conveyed through a ground lease, in an as -is condition. As it will be stipulated in the ground lease, the value of the land and the site preparation costs will be provided to the project as a land subsidy in the form of a promissory note. With approval by the City Council, the RFP for Affordable Housing Development is scheduled to be released on December 8, 2021. The deadline for the RFP will be February 28, 2022. The RFP will be published on both the City and Housing Authority's websites; a public notice will be published in the OC Register; an e-mail will be sent out to Orange County's largest affordable housing membership associations including the Kennedy Commission, 2-1-1 Orange County, and the Southern California Association of Nonprofit Housing; and a letter will be e-mailed to interested developers and nonprofit organizations who had previously requested to be informed of development opportunities on the Community Development Agency's RFP Process Database. Developers and nonprofit organizations interested in being added to the RFP Process Database can do so by contacting the City's Housing Division. City Council 36 — 3 12/7/2021 Fiscal Year 21-22 Request for Proposals for Affordable Housing Development December 7, 2021 Page 4 After the deadline, staff will conduct a minimum threshold review of each proposal to ensure the proposal complies with all of the minimum requirements in the RFP. Following the minimum threshold review, staff will form a Review Panel that consists of the Executive Director of the City's Public Works Agency or his designee, the Executive Director of the Planning and Building Agency or his designee, the Executive Director of the Community Development Agency, the Housing Division Manager, the Housing Programs Analyst and one outside agency or government entity. Staff will also have a real estate financial advisor for the Review Panel. If an employee is not available in one City Agency, a second employee may be requested from one of the other two City Agencies so long as there are at least two of the three City Agencies represented on the Review Panel. In compliance with the City's Affordable Housing Funds Policies and Procedures, the Review Panel will use the proposal Scoring and Selection Criteria from the RFP to conduct their review and analysis of each proposal. Using the Scoring and Selection Criteria from the RFP, the Review Panel will also review the proposed project design for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term sustainability. The Review Panel will interview all of the developers who submitted a proposal. Substantial Amendment to the Fiscal year 2021-2022 Annual Action Plan On May 4, 2021, City Council approved the Fiscal Year 2021-2022 Annual Action Plan. The City of Santa Ana's Annual Action Plan details the funding strategy for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships programs each year. These Annual Action Plans implement our jurisdiction's Five -Year Consolidated Plan and are developed through significant public input, analyses, and planning. The Annual Action Plan describes in detail how these federal grant funds will be allocated and used to serve the community. Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating jurisdictions shall amend their approved plans whenever they make one of the following decisions- 1 . To make a change in its allocation priorities or a change in the method of distribution of funds; 2. To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the action plan; or 3. To change the purpose, scope, location or beneficiaries of an activity. The City of Santa Ana has been awarded $6,183,914 in HOME -ARP funds that were not previously described in the Fiscal Year 2021-2022 Annual Action Plan. Per the regulations for these federal funds, a Substantial Amendment to the FY 2021-2022 Annual Action Plan is required (Exhibit 3). The Substantial Amendment includes the HOME -ARP Allocation Plan with two of the four eligible activities allowed by HUD. In City Council 36 — 4 12/7/2021 Fiscal Year 21-22 Request for Proposals for Affordable Housing Development December 7, 2021 Page 5 general, the Allocation Plan states that the City will issue an RFP for Affordable Housing Development to commit the funds for the following two eligible activities- 1 . To acquire, rehabilitate, or construct affordable rental housing primarily for occupancy by households of individuals and families who are experiencing homelessness; and 2. To acquire and develop HOME -ARP non -congregate shelter for individuals and families experiencing homelessness. A non -congregate shelter is one or more buildings that provide private units or rooms as temporary shelter to individuals and families and does not require occupants to sign a lease or occupancy agreement (e.g. motels). As required by HUD, the Substantial Amendment to the Fiscal Year 2021-2022 Annual Action Plan was made available for a 15-day public comment review period from November 22, 2021 to December 6, 2021. A public notice was published on November 22, 2021 in the Orange County Register in English, La Opinion in Spanish, and the Ngoi Viet in Vietnamese to inform the public of the commencement of the 15-day public comment period and public hearing. Comments received will be included in the final submission of the Substantial Amendment to HUD. Following approval by City Council, staff will submit the Substantial Amendment to the FY 2021-2022 Annual Action Plan to HUD to begin drawing down the $6,183,914 in HOME - ARP funds. FISCAL IMPACT Approval of the appropriation adjustment will recognize $6,183,914 in the HOME -ARP Program Federal Grant revenue account (no. 18218002-52008) for expenditure as follows: Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account Description Account Description FY 21-22 18218780- HOME-ARPProgramHOME-ARP Program $83 760 (Jan -June) Various Federal Grant Grant, Various FY 22-23 18218780- HOME-ARPProgramHOME-ARP Program $6 100 154 (July -June) Various Federal Grant Grant, Various Total $6,183,914 The above spending plan is only an estimate and is subject to change. EXHIBIT(S) 1. FY 2021-22 RFP for Affordable Housing Development 2. Substantial Amendment to the Fiscal year 2021-2022 Annual Action Plan City Council 36 — 5 12/7/2021 Fiscal Year 21-22 Request for Proposals for Affordable Housing Development December 7, 2021 Page 6 Submitted By: Steven Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 36 — 6 12/7/2021 REQUEST FOR PROPOSALS RFP # 21-136 AFFORDABLE HOUSING DEVELOPMENT CITY OF SANTA ANA Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Claudia Fernandez -Shaw Housing Programs Analyst Tel: (714) 667-2265 csa santa-ana,or_ KEY RFP DATES: Issue Date: Wednesday, December 8, 2021 Proposal Due Date: Monday, February 28, 2022, City Council City of Santa Ana Commun uest for Proposals for Affor Development Agency �i$ Hopsing Developmen at 5:OOPM 12/7/2021 Page 1 AMMI :111116 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms (Developers/Proposers) for the development of affordable housing projects in the City of Santa Ana. The RFP Process will be open ("Open RFP Process") and provide sufficient time for applicants to identify an eligible site and complete and submit a proposal in response to the RFP announcement. The RFP Process will be open until February 28, 2022. After the deadline, staff shall review the Proposals to determine that the minimum Program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form a Review Panel. The Review Panel for the RFP Process will consist of at least one employee from the City of Santa Ana Public Works Agency, Planning and Building Agency, and Community Development Agency, and one outside agency or government entity. If an employee is not available in one department, a second employee may be requested from one of the other two departments so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided in the RFP, the Review Panel shall determine whether the proposal is recommended for a pre -loan commitment. Using the scoring and selection criteria, the Review Panel shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward with the proposal review process. If the Review Panel determines, in its discretion, that the proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City of Santa Ana and paid for by the proposer. The real estate advisor shall confirm the underwriting for the project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the proposal will not be recommended for approval or an award of funds, the proposer will be notified in writing of the decision. It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Any questions regarding this Request for Proposals shall be made in writing via e-mail to Claudia Fernandez -Shaw, Housing Programs Analyst, at cshaw santa-ana.org. MAILED, DELIVERED BY HAND, OR COURIERED PROPOSALS WILL BE ACCEPTED AS FOLLOWS: City of Santa Ana Claudia Fernandez -Shaw, Housing Programs Analyst Community Development Agency 20 Civic Center Plaza, Sixth Floor Santa Ana, CA 92701 PLEASE DO NOT E-MAIL RFP RESPONSES. of Santa Ana Communitv Development City Council Kequest for rroposais for AttoraaSn Hosing ueveiopment 12/7/2021 Page 2 AMMI :INS CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PAGE I. INTRODUCTION 4 II. SCOPE OF WORK 6 III. GENERAL INFORMATION 6 IV. COORDINATION 7 V. DEVELOPER RESPONSIBILITIES 7 VI. CITY BUSINESS LICENSE 7 VII. RULES FOR PROPOSALS 7 VIII. PRE -PROPOSAL MEETING 7 IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 8 X. ADDENDA 8 XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE 8 XII. MINIMUM QUALIFICATIONS 8 XIII. SUBMITTAL REQUIREMENTS 8 XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION 13 XV. PUBLIC RECORDS 15 XVI. FILING A PROTEST 15 EXHIBIT A SCOPE OF WORK Attachment 1 Early Outreach Community Meeting Attachment 2 City of Santa Ana Rehabilitation Standards 16 33 34 EXHIBIT B ALIGNMENT WITH THE CITY'S HOUSING ELEMENT AND STRATEGIC PLAN 42 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR GENERAL LIABILITY POLICY 44 EXHIBIT D PROPOSAL CONTRACT AND AGREEMENT: PROPOSER'S STATEMENT 45 EXHIBIT E PROPOSAL CONTRACT AND AGREEMENT: CERTIFICATION OF NONDISCRIMINATION 46 EXHIBIT F PROPOSAL CONTRACT AND AGREEMENT: NON -COLLUSION AFFIDAVIT 48 EXHIBIT G PROPOSAL CONTRACT AND AGREEMENT: COMMITMENT TO ENTER INTO MOU 49 EXHIBIT H CITY OF SANTA ANA MAP OF OPPORTUNITY ZONES 50 EXHIBIT I HOUSING AND COMMUNITY DEVELOPMENT NOFA CALENDAR 53 EXHIBIT J COMMUNITY OUTREACH GUIDELINES 54 City COund Request for Proposals for Afforda � 1�o sing Development 12/7/2021 Page 3 AMMI :INS CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT I. INTRODUCTION The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing this Request for Proposals (RFP) for the development of affordable housing in the City. Proposed developments may be for acquisition and rehabilitation of eligible properties for rental and/or ownership housing; acquisition and conversion of non-residential property to multifamily housing units; and/or new construction of housing units for rental and/or ownership housing. Priorities and Objectives: In particular, the City is interested in furthering the following priorities through this RFP: (1) Acquisition and rehabilitation projects that consist of substantial rehabilitation and will impose long-term affordability covenants on the units. (2) Projects that will provide affordable homeownership opportunities. Available Funds for this RFP: The available funds for this RFP includes the total amount of Inclusionary Housing Funds, HOME Investment Partnerships Program, HOME- American Rescue Plan Program (HOME- ARP), Project - Based Voucher Program, Neighborhood Stabilization Program Funds (NSP), and/or any other funds received by the City of Santa Ana for housing purposes as published on a quarterly basis in the Housing Division Quarterly Report. Inclusionary Housing Fund in -lieu fee pending payments and any other funds that have not yet been received by the City shall not be considered as available funds. Available program funds may be used for development loans for the following eligible purposes: (1) The purchase or lease of land and buildings for new construction or rehabilitation of housing that may utilize available State and Federal housing assistance programs such as Low -Income Housing Tax Credits, the Section 202 Supportive Housing for the Elderly Program, tax-exempt bond financing, Section 811 Supportive Housing Program, and/or other available State and Federal programs. (2) The purchase of existing multi -family or other buildings for rent or sale to very low- and extremely low-income households and for the development of non -congregate housing for rent to very low- and extremely low-income persons with special needs (e.g. homeless individuals and families, elderly, persons with a disability). (3) The development of limited -equity housing cooperatives through either conversion or new construction. (4) The provision of interim loan funds for any of the above purposes prior to the funding of a public or private loan. Eligible development costs for the above uses include, but are not necessarily limited to: a. Site acquisition and preparation; b. Rehabilitation of dwelling units, common areas and related structures; City Cound Request for Proposals for Afforda a 1,o ing Development 12/7/2021 Page 4 AMMI :INS c. New construction; d. Carrying charges and financing fees; e. Architectural, legal, and organizational fees; f. Temporary or permanent tenant relocation costs. Please refer to the Affordable Housing Funds Policies and Procedures amended by City Council on August 18, 2020 for more information. As of the date of issuance, the Available Funds for this RFP will be as follows, subject to change: Inclusionary Housing Fund $10,093,318 HOME Investment Partnerships Program (HOME) $3,161,226 HOME — American Rescue Plan (HOME —ARP) $5,256,327 Neighborhood Stabilization Program (NSP) $135,107 Project -Based Vouchers Twenty -Five (25) TOTAL $18,645,978 and 25 Project -Based Vouchers Land Assets Owned by the Housing Authority: The Housing Authority of the City of Santa Ana acting as the Housing Successor Agency (Authority) is also issuing this RFP for the development of land currently held by the Authority within the City of Santa Ana. The proposed development of the property would be solely for the development of affordable housing. The land asset will be awarded under a ground -lease option. The Land Asset owned by the Housing Authority that is available for development under this RFP is as follows: (1) 302 E. Twenty -Second Street a. APN:003-122-25 b. Lot Size: 27,817sf c. Current Zoning: R1 Single -Family Residence, which allows one house per lot. d. Parcel was purchased using Low and Moderate Income Housing Asset Fund - 20% Set Aside e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway - widening project. The site was vacant and undeveloped at the time it was acquired. f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses. g. Maximum du/ac: Seven units per acre. h. Site Condition / Environmental Conditions: Property is irregular in shape, is below the minimum lot size for a residential lot, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit. City Council Request for Proposals for Afforda-' ; o� ing Development 12/7/2021 Page 5 AMMI :INS The Housing Authority currently owns the land asset, and intends to retain ownership of the site and enter into a long-term ground lease for up to 99 years, as legally applicable, with the selected developer. Respondents should assume that the Housing Authority owned parcel will be conveyed through a ground lease, in an as -is condition. As it will be stipulated in the ground lease, the value of the land and the site preparation costs will be provided to the project as a land subsidy in the form of a promissory note. II. SCOPE OF WORK The Scope of Work will include any and all work efforts related to the development of affordable housing per EXHIBIT A - SCOPE OF WORK. Available funds can be used for a variety of housing types and preferences. Please see the table below for the general allowable uses of funds for each source. Please see Exhibit A for a more detailed description of the eligible uses for each source. L d N O= O o fn =Cn �' O . a m = o 'N Source of Funds °' N _= 1 d � 0) 0= E ms_ — fC 3 v E a 7 zv O Z L cM '�—� �a M = = U 0 U °' Q E O am co Q Inclusionary Housing X X X X X X X X Funds HOME Program Funds X X X X X X NSP Program X X X X X X X HOME -ARP Program X X X X X X Funds Project -Based X X X X X X Vouchers The Developer shall be an independent developer capable of providing experienced, knowledgeable and professional staff. The Developer shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Developer shall provide adequate staffing levels at all times and adhere to established schedules. The Developer shall be knowledgeable of and comply with federal, state and local laws, including the Santa Ana Municipal Code, as it applies to their proposal. III. GENERAL INFORMATION A. Following the RFP Process and conditional on meeting other requirements and conditions, a pre -loan commitment letter may be drafted by the Housing Division, reviewed and approved by the Housing Division Manager, the City Attorney's Office, and the Executive Director of Community Development, before being recommended for approval by the City Council. The letter shall state the maximum amount of program funds and/or land asset reserved for the project and list all of the additional conditions, documents and steps that must be taken by the Developer prior to loan closing. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The Developer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. City Cound Request for Proposals for Afford,a-1,o ing Development 12/7/2021 Page 6 AMMI :INS D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information and/or any aspect of a proposal prior to award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of any proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed or produced during response preparation to the RFP will become property of the City. All responses to the RFP shall become property of the City. The City will make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace or approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the Developer and the City shall assume no liability for such subcontractors. IV. COORDINATION Coordination by the awarded Developer with the City, other contractors and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to, coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Development Commission meetings or City Council meetings. The City will decide the manner in which the coordination efforts will be conducted. At the City's option, coordination efforts may be performed by the Developer's direct contact, by the Developer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated with the City. V. DEVELOPER RESPONSIBILITIES The selected Developer will assume responsibility for all aspects of the development, and for insuring that the project is developed and operated in accordance with applicable state and federal laws. The selected Developer will ensure that the project is developed and operated in accordance with the City laws, regulations, and planning and development process. VI. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana business license within 30 days of selection and must provide a copy to the City project manager or designee prior to commencing any work in Santa Ana. VII. RULES FOR PROPOSALS The signer of the proposal must declare in writing that the only person, persons, company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Exhibit F). VIII. PRE -PROPOSAL MEETING The City will not have a pre -proposal meeting for this RFP. City Cound Request for Proposals for Affoiing Development 12/7/2021 Page 7 AMMI :INS IX. E-MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor and respond to e-mail requests within 48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein including the Scope of Work. Every request for such an interpretation must be made in writing via e-mail to Claudia Fernandez -Shaw, Housing Programs Analyst, at cshawsanta-ana.org. Significant interpretations or clarification will be provided in the form of a Questions and Answers Addendum and sent directly to the Developer who requested the interpretation or clarification. X. ADDENDA If clarification or interpretation of this RFP is considered necessary by the City, a written Questions and Answers Addendum shall be updated and provided directly to the Developer(s) who asked the question(s). XI. SUBMITTAL REQUIREMENTS INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting Proposals. Faxed and e-mailed proposals will not be accepted. XII. MINIMUM QUALIFICATIONS Proposers shall have a minimum of five (5) years recent experience in the development and operation of affordable housing projects similar to their proposed project. XIII. SUBMITTAL REQUIREMENTS Proposers shall submit seven complete hard copies of their proposal, and one additional electronic copy on a USB flash drive. All seven copies of the proposal must include a signed cover letter. This cover letter must include a declaration that the only person, persons, company, or parties interested in the proposal as principals are named herein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer has full authority to bind the proposer. It must also include an email address and contact information for the signer. All proposal submissions shall be on 8-1/2" x 11" white paper. All project proposals must contain the following minimum submission requirements: 1) Statement of Qualifications (SOQ). The SOQ must include the following components: Developer Team. An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the developer is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as a 501(c)3 tax exempt non-profit corporation, and is in good standing with both state and federal compliance. If the developer is a Community Housing Development Organization (CHDO), the SOQ must include documentation that the developer can be certified as a CHDO for the City of Santa Ana. Developer needs to identify if any contractor(s) and/or subcontractor(s) are a subsidiary to any member of the development team. City Cound Request for Proposals for Afforda a 1,o14ing Development 12/7/2021 Page 8 AMMI :INS • Developer Experience. A narrative describing recent affordable residential development and management experience, with an emphasis on experience gained in the last five years on projects similar to the one being proposed. i) Include project name and type (special needs, senior, large family, etc.), project address, developer team members, unit count and bedroom type, affordability requirements, and funding sources in your description. ii) Include a description of your experience doing community outreach and capacity including resources, staffing, and available funding. Financial Capacity. Description of the developer's financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of the proposed project. i) Include a description of current relationships with major lending institutions. ii) Any developer that is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential. • References. Include a list of at least three references from public agency partners and professional lenders/investors with full names, contact information, and identification of the project(s) worked on. SOQs must be limited to a maximum of 25 pages, excluding front and back covers, section dividers, and exhibits. 2) Project Description. Detailed and concise narrative describing the proposed project, including at a minimum and as appropriate the development concept for the site or a description (with photographs) of the building to be acquired or developed, proposed building square footage, number of units and bedrooms per unit, total parking spaces, proposed ingress and egress, proposed affordability levels, any special needs groups or target population to be served, amenities to be provided to the tenants, and resident manager's unit. If there will not be a resident manager for a rental project, describe in detail how the project will be managed. Please make sure to include the following: • Narrative description of the project and conceptual site plans if available. o Site size and location. o Total gross building area (GBA), as well as a breakdown of: ■ Residential GBA; ■ Circulation/Common Area GBA; and ■ Retail GBA. • Residential unit mix: o Number of units of each bedroom type by affordability level; o Unit square footage by bedroom type; and • Common area amenities to serve the residential development. • List of anticipated retail tenants (if applicable). • Parking: o Total number of spaces proposed: o Number of spaces dedicated to the residential uses; and o Number of spaces dedicated to other uses. o Number and square footage of parking spaces provided by type: ■ Above -ground; ■ Surface; and ■ Subterranean. City Cound Request for Proposals for Afford a a 1,o ing Development 12/7/2021 Page 9 AMMI :INS For all projects, the narrative must also address site control, current zoning and any required zoning changes, anticipated development costs, City and Authority funds required, requested City and Authority loan terms, developer access to additional funds required for the project, and proof that the property is under contract. A site map showing the project's location should accompany this narrative. The narrative must include a description of the various sources of financing that will be needed to complete the project as either a 4% Low -Income Housing Tax Credit deal and as a 9% Low -Income Housing Tax Credit deal. The narrative should provide a projected tie breaker score for 9% Low -Income Housing Tax Credits with a best case and worst case scenario based on the capital stack being pursued, with a relative comparison to the most recent tie breaker scores for the type of project being proposed in the last three 9% tax credit rounds. Clearly state if the project will be ready to apply for 9% Low -Income Housing Tax Credits during FY 2022 — 2023. This should include evidence of progression towards planning entitlements and other requirements necessary for the tax credit application. Clearly state if the project will be competing with another project owned by the developer in Orange County for an upcoming 9% Low -Income Housing Tax Credit round, including a comparison of the projected tie breaker scores for both projects. 3) Development Pro Forma. Identify the sources and uses of all funds necessary to complete the project, including the project's anticipated cash flows over a period of years equal to 15 years and 30 years. The pro forma should identify important underlying assumptions that govern the cash flows, including but not necessarily limited to, the amounts and frequency of loan repayments (all sources), annual rent increases, occupancy levels, operating costs as a percent of revenue, timing and amounts of replacement costs. The cost estimates in the Sources and Uses budget should assume the payment of Davis -Bacon prevailing wages and relocation benefits, if applicable. The pro forma must include a calculation of the return on investment to the developer. Please make sure to include the following: • Land Costs o The property assemblage costs should include the following if applicable: acquisition costs, relocation costs, demolition costs, and closing costs. The developer should include an appraisal and the proposed purchase and sale agreement (if available). • Construction Costs o Identify whether the direct cost estimate reflects a premium for prevailing wages Provide a direct construction cost breakdown (include a contractor's detailed estimate, if available) that disaggregates the following information: o Off -site improvements; o On -site improvements; o Parking costs; o Residential shell costs; o Community room/office space costs; o Commercial space shell costs; o Commercial space tenant improvement costs; o General conditions; o Contractor fees; and o Direct cost contingency allowance. • Provide a breakdown of the project's indirect costs such as: o Architecture, engineering and consulting fees; o Public permits and fees costs including all city fees, school district fees, impact fees and any other fees that would be assessed on the projects; o Taxes, legal and accounting costs; City Cound Request for Proposals for Afford,a-1,o ing Development 12/7/2021 Page 10 AMMI :INS o Insurance costs; o Marketing costs; o Development management fee; and o Indirect cost contingency allowance. Provide the following financing cost information: o Predevelopment/bridge loans (loan amounts, interest rates, length of term and projected average outstanding balance of loan funds during predevelopment/construction); o Construction loans (loan amounts, interest rates, length of term and projected average outstanding balance of loan funds during predevelopment/construction); o Loan fees; o Amount of cash equity contribution and the return requirement on these funds during the construction period; o Capitalized reserves; and o Tax Credit Allocation Committee (TCAC) costs (if applicable). Net Operating Income. Provide the following net operating income information: o Residential Rents. o Estimated market rents by unit type (provide a market study if available). o Affordable rents by unit type, affordability restriction and net of applicable utility allowances. o Number of managers' units — are these rent -paying units? o Projected retail rents. o Parking: ■ Will parking charges be applied to the parking required for the rental units? ■ Will parking charges be applied to the parking required to serve the retail uses? o Operating Expenses: ■ Residential: • General operating expenses; • Property taxes; and • Annual capital and operating reserve contributions. o Unreimbursed retail expenses. o Parking expenses. • Financial Parameters o Low income housing tax credits (if applicable): ■ Provide eligible basis, gross and net tax credit proceeds calculations. ■ Provide the self -scoring sheet for the 9% TCAC or CDLAC applications. Explain why the project does not receive the maximum points. ■ Provide the tiebreaker calculation for 9% TCAC projects. o Equity contribution: o Quantify the equity contribution to be provided with cash during construction, and the amount of cash equity that will be left in the project on a permanent basis. o Identify the funding source that will be used to refund any construction period equity that is to be returned to the developer upon the completion of construction. o Define the preferred return requirements applied to the cash equity funds that will remain in the project over time. o Describe the other proposed governmental subsidies (AHP, MHP, City of Santa Ana, etc.). Provide an estimate of how the project scores in the identified funding competitions. Also, explain why the project will not receive the maximum points. o Describe the terms under which any deferred developer fee will be repaid. City Cound Request for Proposals for Afforda-, ;�o ing Development 12/7/2021 Page 11 AMMI :INS • Project Cash Flow o Provide a cash flow analysis that shows the order of repayment priorities. Be explicit about the cash flow assumptions. • Public Assistance Terms o Identify any responsibilities that will be requested of the City of Santa Ana. 4) Projected Rental Income / Sales Prices. Include evidence that the rental income / sales prices shown in the pro forma are reasonable and achievable. Please include a preliminary market study analysis that supports that this is achievable. 5) Community Inclusion. • Describe how neighborhood input was solicited and utilized in the development of your proposal. Specifically, provide a description of any community outreach efforts that you undertook to inform the development of your proposal, including early outreach meetings with local stakeholders, outreach to the Santa Ana Unified School District, engagement with local neighborhood associations, letters of support requested or received from local community groups, and any commitment to donate a portion of your developer fee to a project or initiative in the surrounding neighborhood. • Provide details on the development team's community outreach strategy for the project. Describe the steps you will take after approval to ensure maximum feasible participation of local low-income residents and businesses in the development of the project. Describe how the project will be developed and operated so as to insure compliance with all relevant components of the Americans with Disabilities Act. Please refer to the Community Outreach Guidelines in Exhibit J for additional guidance. 6) Proposed Development Schedule. Taking as a starting point City Council approval of the pre -loan commitment letter, provide a proposed development schedule that includes the following milestones at a minimum: site acquisition, additional required loan commitments and funding from all other funding sources, zoning change approvals (if necessary), preparation and approval of construction plans, start of construction, completion of construction, and lease -up. 7) Current Tenants. Provide a listing of all tenants currently residing in the units, if applicable. 8) Proposer shall complete and return the following Exhibits attached herewith: • Exhibit B — Alignment with the City's Housing Element and Strategic Plan • Exhibit C — Additional Insured Endorsement for Commercial General Liability Policy (Not required until after Developer selection) • Exhibit D — Proposer's Statement • Exhibit E — Certification of Nondiscrimination • Exhibit F — Non -Collusion Affidavit • Exhibit G — Commitment to Enter into Memorandum of Understanding with the Santa Ana Work Center City Cound Request for Proposals for Affords 414 1�o ing Development 12/7/2021 Page 12 AMMI :INS The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. XIV. DEVELOPER SELECTION — PROPOSAL AND EVALUATION After each deadline for the Open RFP Process, staff shall review any proposal(s) to determine if the minimum program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum threshold review will be considered non -responsive. If the Proposal meets the minimum threshold review, staff will form a Review Panel. The Review Panel for the RFP Process will consist of at least one (1) employee from the City's Public Works Agency, Planning and Building Agency, and Community Development Agency, and one (1) outside agency or government -entity. If an employee is not available in one City Agency, a second employee may be requested from one of the other two City Agencies so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided below, the Review Panel shall determine whether the proposal is recommended for a pre -loan commitment. Using the scoring and selection criteria, the Review Panel shall also review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward in the proposal review process. If the Review Panel determines, in its discretion, that the Proposal may be recommended for approval, the Housing Division shall request an underwriting and subsidy layering review by a real estate advisor selected by the City and paid for by proposer. The real estate advisor shall confirm the underwriting for the Project, the financial gap, and other programmatic requirements related to the funding sources. If the Review Panel determines that the Proposal will not be recommended for approval, (i.e. the Proposal does not meet the minimum threshold score of 75 points), the Developer will be notified in writing of the decision and the result will be published in the Housing Division Quarterly Report. Each member of the Review Panel will evaluate and rank each proposal using the evaluation criteria listed below: COMPETITIVE SELECTION CRITERIA 1. LEVEL OF AFFORDABILITY AND TARGET POPULATION (Max. 25 Points) ELIGIBLE POINTS Project significantly increases affordable housing opportunities for large families (three- and four -bedroom units) 10 Project provides at least 50% or more of the units for extremely low-income families at 30% Area Median Income (possible points based on a tiered scoring — 10 pts. for 50%, 8 pts. For 40%, 6 pts. for 30%, 4 pts. for 20%, etc. 10 Project increases affordable housing opportunities for special needs populations including, but not limited to, homeless individuals and families, and persons with a disability 5 Sub -total 25 2. TIMELINESS TO BUILD NEW HOUSING (Max. 20 Points) Project has demonstrated site control 7 Project is zoned appropriately 5 Project does not have any other site -related issues 5 Project aligns with the City's Housing Element, Strategic Plan, and/or 5-Year Consolidated Plan 3 Sub -total 20 City CounCll Request for Proposals for Afforda-, ; o1ing Development 12/7/2021 Page 13 AMMI :INS 3. PROPERTY MANAGEMENT/SALES EXPERIENCE AND SHILLS (Max. 15 Points) Project is energy efficient and incorporates green -building techniques 6 Applicant's ability to manage affordable rental units to ensure ongoing compliance with affordability requirements and long term financial solvency 3 Applicant's past experience in property management or sale of affordable units 3 Applicant's capacity and ability to quickly lease/sell completed units 3 Sub -total 15 4. DEVELOPER EXPERIENCE AND SHILLS (Max. 15 Points) Applicant's experience in obtaining additional financing 4 Applicant's capacity and ability to obtain entitlements 4 Applicant's overall past and projected effectiveness to provide affordable housing 4 Applicant's past and projected effectiveness to manage the construction process and stay on schedule 3 Sub -total 15 5. LEVERAGING OF CITY FUNDS (Max. 5 Points) Applicant's potential or capacity to obtain additional financing for this project 5 Sub -total 5 6. ANTICIPATED FINANCIAL PARAMETERS (Max. 15 Points) Project's proposed development costs are reasonable and comparable 3 Project's proposed rents/sales prices are realistic 3 Project's operating costs are realistic and reasonable (rental only) 3 Project has sufficient operating and replacement reserves (rental only) 3 Project is projecting a positive cash flow through affordability period (rental only) 3 Sub -total 15 7. RFP PRIORITIES (Max. 10 Points) Project is an acquisition/rehabilitation project with substantial rehabilitation 5 Project provides affordable homeownership opportunities 5 Sub -total 10 8. COMMUNITY INCLUSION (Max. 5 Points) Project demonstrates how neighborhood input was solicited and utilized in the development of the proposal including any community outreach efforts; or project provides details on the development team's community outreach strategy for the project. 5 Sub -total 5 BONUS POINTS: Project provides at least 75% or more of the units for extremely low-income amilies at 30% Area Median Income 5 BONUS POINTS: Developer commits to donate a portion of their developer ee to a project or initiative in the surrounding neighborhood 5 TOTAL ELIGIBLE POINTS 120 The minimum score to be considered for a pre -loan commitment is 75 points out of 120 points total. City Coundl Request for Proposals for Afforda@@ Ning Development 12/7/2021 Page 14 AMMI :INS XV. PUBLIC RECORDS Proposals will become public record after submission of the proposal. Interested offerors may submit a written request to receive the results of the evaluation. City will make best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act. Submit your request to, City of Santa Ana Community Development Agency, Attn: Claudia Fernandez -Shaw, Housing Programs Analyst, 20 Civic Center Plaza M-26, Santa Ana, CA 92701. XVI. FILING A PROTEST In the event of a dispute of the decision of the Review Panel, proposers may file a "protest" with the City's Community Development Agency. In order for a proposer's protest to be considered valid, the protest must: 1. Be filed in writing within five (5) business days of notification of rejection; 2. Clearly identify the specific irregularity or allegation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City Manager, or his/her designee, shall review the basis of the protest and all relevant information. The City Manager will provide a written decision to the protestor within fourteen (14) calendar days from receipt of protest. The decision from the City Manager, or his/her designee, is final and no further appeals will be considered. City Cound Request for Proposals for Afford A ; ing Development 12/7/2021 Page 15 AMMI :INS EXHIBIT A — SCOPE OF WORK CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT I. INTRODUCTION In order to meet the City's goals, the City is soliciting proposals for the development of affordable housing projects from developers who are experienced, very knowledgeable of affordable housing programs and its requirements, financially creative and capable of developing, managing and maintaining high quality housing. The selected developer must have a demonstrated history of working cooperatively with surrounding neighborhoods in all phases of project development. Both nonprofit and for profit developers are eligible to apply, either individually or in partnership with other entities. Developers who can demonstrate the capability to make other funds a significant part of the financing mix for their proposed project will score higher in the selection process than those who cannot. The funding and property data provided in this RFP is not guaranteed, and the availability of such funding or properties is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of the proposed funding and properties for any particular applicant or project. The submission of a proposal in response to this RFP does not commit the City to providing any funding or land asset to a proposed project. The City reserves the right to determine at its sole discretion how to lease available properties, if at all. II. DEVELOPMENT PRIORITIES Both the Strategic Plan and the City's Housing Element identify affordable rental housing suitable for larger households as a high priority for the City. In addition, the City of Santa Ana will be targeting extremely low- income households within the city, including homeless individuals, veterans and/or large families. One of the primary rating criteria is the depth of affordability. The City desires proposed projects to have dedicated units for extremely low-income families earning no more than 30% Area Median income (AMI). Project design and construction will be subject to and carried out in accordance with established City standards and procedures. In accordance with the City's Early Outreach policy (Attachment 1), the selected developer may be required to solicit significant neighborhood input during the design process. Priorities and Objectives: In particular, the City is interested in furthering the following priorities through this RFP: 1) Acquisition and rehabilitation projects that consist of substantial rehabilitation and will impose long-term affordability covenants on the units. 2) Projects that will provide affordable homeownership opportunities. In addition, the City recommends: 1) Review Exhibit H — City of Santa Ana Map of Opportunity Zones to determine if your proposed project can leverage this potential source of private investment in your project. 2) Review Exhibit I — HCD NOFA Calendar to determine a path forward where you can most effectively leverage funds from HCD for your project. City Cound Request for Proposals for Afford' ; ing Development 12/7/2021 Page 16 AMMI :INS III. INCLUSIONARY HOUSING FUNDS Source of Funds Funding for this program is provided using revenues generated through in -lieu fees collected under the City of Santa Ana Housing Opportunity Ordinance. Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not for profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects Funds can be used to increase and improve the supply of housing affordable to moderate, low, very low and extremely low-income households in the City. Eligible rehabilitation projects will: 1) be in need of rehabilitation as defined herein; 2) be located in the City of Santa Ana; 3) be free from significant adverse environmental rehabilitation; and impacts, except those that can be mitigated through 4) avoid permanent involuntary tenant displacement to the greatest degree feasible in order to carry out the project. Eligible projects which involve new construction or conversion of an existing non-residential use will conform to items (2), (3), and (4) above. Eligible Uses and Activities Funds can be used to make loans to eligible borrowers to provide affordable housing, for low- and very low- income households, including, but not limited to, the following: • acquisition and rehabilitation of eligible rental properties; acquisition and conversion of non-residential property to multifamily rental housing units; new construction of rental housing units; and, predevelopment loans up to a period of 24 months for site acquisition, predevelopment activities, including professional services, which cannot be obtained on a contingency basis, and construction. Such loans may be extended for up to 18 months with an additional 12-month extension option at the discretion of the Housing Division Manager. For more information, please see Santa Ana Municipal Code Section 41-1900. City Cound Request for Proposals for Affoing Development 12/7/2021 Page 17 AMMI :INS IV. HOME INVESTMENT PARTNERSHIPS PROGRAM Source of Funds Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME Program (including program income and residual receipts), and therefore is subject to the federal rules and regulations found in 24 CFR Part 92, as amended from time to time. Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects Projects eligible for HOME funding shall: 1) be rental projects located in the City of Santa Ana; 2) contribute to the achievement of the City's Strategic Plan and fair housing goals; 3) involve 4 or more apartments which will be rented to eligible lower income households at rents that do not exceed rents as defined by 24 CFR 92.252, as amended from time to time. Projects serving persons with special needs, or where the City Manager finds that the project will provide a substantial public benefit, may have fewer than four units. Transitional or permanent supportive housing may be provided (but not temporary shelters). 4) have at least 20% of the HOME -assisted units rented to very low-income families (50% of median income) under the terms and conditions set forth in 24 CFR 92.252 (2)(b); 5) demonstrate financial feasibility -- including the ability to maintain rents for the subsidized units at affordable levels for the periods specified in 24 CFR 92.252; 6) be free of significant adverse environmental impacts, except those that can be mitigated through the project itself; 7) minimize tenant displacement; 8) comply with all local building and zoning codes and standards, including energy efficiency and water conservation standards, and meet housing quality standards in Section 882.109 of Title 24. Newly constructed housing must meet the current edition Model Energy Code of the Council of American Building Officials; 9) make efficient use of public funds and avoid "layering" of subsidies beyond those necessary to achieve a financially feasible project; and, 10) have at least 51 % of the project space be residential, if in a mixed -use project. Eligible Uses and Activities HOME funds may only be used to finance new construction or acquisition and/or rehabilitation of rental housing which is affordable to very low and low-income households as defined by 24 CFR 92.2. Fifteen percent (15%) of the annual HOME fund allocation shall be set aside for certified Community Housing Development Organizations (CHDO's). New construction costs eligible for HOME funding shall be as specified in 24 CFR Part 92, including: 1) site acquisition; 2) site preparation costs (grading, filling, etc.); 3) financing costs as described in 24 CFR 92.206; 4) architectural, engineering, and other related soft costs; 5) the cost of extending or upgrading utilities to the site to support the proposed project; 6) construction costs; 7) relocation costs; and, 8) affirmative marketing and audit costs related to HOME program requirements. City Cound Request for Proposals for Afforda a 1,c?Aing Development 12/7/2021 Page 18 AMMI :INS Rehabilitation costs eligible for HOME funding include: 1) project acquisition with or without rehabilitation; 2) financing costs, as described in 24 CFR 92.206; 3) architectural, engineering, or other design costs; 4) utility upgrade or extension costs; 5) costs associated with demolition (where necessary) only if rehabilitation is commenced within 12 months of demolition; 6) construction costs; 7) project audit costs; and, 8) affirmative marketing costs. Ineligible Uses and Activities The following costs are not eligible for HOME funding: 1) project reserve accounts for replacement or operating reserves, and operating subsidies; 2) payment of impact fees; 3) land banking; 4) emergency repair or weatherization programs; 5) commercial properties; 6) temporary shelters; or 7) project -based rental assistance. Affordability Requirements HUD provides the following maximum HOME rent limits. The maximum HOME rents are the lesser of: 1) The fair market rent for existing housing for comparable units in the area as established by HUD; or 2) A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals 65 percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. In rental projects with five or more HOME -assisted rental units, twenty (20) percent of the HOME -assisted units must be occupied by very low-income families and meet one of following rent requirements: 1) The rent does not exceed 30 percent of the annual income of a family whose income equals 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits, which include average occupancy per unit and adjusted income assumptions. However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR 92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a). 2) The rent does not exceed 30 percent of the family's adjusted income. If the unit receives Federal or State project -based rental subsidy and the very low-income family pays as a contribution toward rent not more than 30 percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project -based rental subsidy program. To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. For homebuyer and rental projects, the length of the affordability period depends on the amount of HOME assistance to the project or buyer, and the nature of the activity funded. City Cound Request for Proposals for Afford 'aN' ing Development 12/7/2021 Page 19 AMMI :INS Table 1-1: Determining the HOME Period of Affordability: HOME Assistance per Unit or Buyer Length of the Affordability Period Less than $15,000 5 years $15,000 - $40,000 10 years More than $40,000 15 years New construction of rental housing 20 years Refinancing of rental housing 15 years Throughout the affordability period, income -eligible households must occupy the HOME -assisted housing. When units become vacant during the affordability period, subsequent tenants must be income eligible and must be charged the applicable HOME rent. Other Requirements Minimum Loan: All HOME investments must total not less than $1,000 multiplied by the number of HOME - assisted units in the project. Maximum Loan: The maximum amount of subsidy per unit shall not exceed the maximum allowed by HUD under the HOME program (24 CFR 92.250). The City will avoid unnecessary layering of subsidies from different federal, state and local programs and seek to maximize the benefit to target households from the investment of HOME funds in a project. The Housing Division will use HUD's Cost Allocation Tool to identify the maximum subsidy per unit for each project. Property Standards: Housing that is assisted with HOME funds must meet, at a minimum, the City's Property Standards, including all applicable local, State and Federal codes and regulations. Newly constructed housing must also meet the current edition of the Model Energy Code published by the Council of American Building Officials. Substantially rehabilitated housing must meet the cost-effective energy conservation and effectiveness standards in 24 CFR 39. Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis -Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor standards and HUD Handbook 1344.1. These provisions apply whether HOME funds are used for construction or non -construction costs. Lead -based Paint: Housing assisted with HOME funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. For more information, please see 24 CFR Part 92. City Council Request for Proposals for Afford a-, ing Development 12/7/2021 Page 20 AMMI :INS V. HOME-AMERICAN RESCUE PLAN PROGRAM ( HOME -ARP) Source of Funds Funding for this Program is provided through the U.S. Department of Housing and Urban Development (HUD) HOME -American Rescue Plan Program (HOME_ARP), and therefore is subject to the federal rules and regulations found in CPD Notice 21-10 and 24 CFR Part 92, as amended from time to time. Please review CPD Notice 21-10 if you are applying for this source of funds. Eligible Borrowers/Grantees Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, and which have a valid 501(c)(3) or (4) designation from the IRS, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Activities 1) HOME -ARP funds may be used to acquire, rehabilitate, or construct affordable rental housing primarily for occupancy by households of individuals and families who are experiencing homelessness ("qualifying households"). Eligible HOME -ARP rental housing includes "housing" as defined at 24 CFR 92.2, including but not limited to manufactured housing, single room occupancy (SRO) units, and permanent supportive housing. The City of Santa Ana will give a preference to chronically homeless individuals. Units restricted for occupancy by qualifying households must be occupied by households that meet the definition of a qualifying population at the time of admission to the HOME -ARP unit. HOME -ARP funds may be used for acquisition, construction, and rehabilitation, including reconstruction as defined in 24 CFR 92.2, of affordable rental housing for qualifying and low-income households. Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide HOME -ARP rental housing within the timeframes provided in CPD Notice 21- 10. A HOME -ARP rental project must meet the definition of project in 24 CFR 92.2. HOME -ARP funds may be used to assist one or more units in a project. Only the eligible development costs of the HOME -ARP units may be charged to the HOME -ARP program. The City may pay ongoing operating cost assistance or capitalize an operating cost assistance reserve for HOME -ARP -assisted units restricted for occupancy by qualifying populations in a project where the City determines in its underwriting that the reserve is necessary to maintain the HOME -ARP units' long- term operational feasibility. However, HOME -ARP funds cannot be used for both a capitalized operating cost assistance reserve and ongoing payments for operating cost assistance during the minimum compliance period. The allowable amount of the reserve shall not exceed the amount determined by the City to be necessary to provide operating cost assistance for HOME -ARP units restricted for occupancy by qualifying populations for the 15-year HOME -ARP minimum compliance period. Please see CPD Notice 21-10 for more information on this assistance. 2) A non -congregate shelter (NCS) is one or more buildings that provide private units or rooms as temporary shelter to individuals and families and does not require occupants to sign a lease or occupancy agreement. HOME -ARP funds may be used to acquire and develop HOME -ARP NCS for individuals and families in qualifying populations. This activity may include but is not limited to the acquisition of land and construction of HOME -ARP NCS or acquisition and/or rehabilitation of existing structures such as motels, hotels, or other facilities to be used for HOME -ARP NCS. HOME -ARP funds may not be used to pay the operating costs of HOME -ARP NCS. City Cound Request for Proposals for Afford a a 1,cfiing Development 12/7/2021 Page 21 AMMI :INS HOME -ARP NCS units may only be occupied by individuals or families who are experiencing homelessness. The City of Santa Ana will give a preference to chronically homeless individuals ("qualifying households"). HOME -ARP funds may be used to acquire and/or rehabilitate or construct HOME -ARP NCS units to serve qualifying households. Acquisition of vacant land or demolition of existing structures may be undertaken only as part of a HOME -ARP NCS project. HOME -ARP NCS units acquired and/or developed with HOME -ARP funds must meet the requirements of CPD Notice 21-10, i.e., be used as HOME -ARP NCS or used as emergency shelter under ESG for the restricted use period established in Section VI.E.9 of the Notice. Eligible Uses HOME -ARP funds may be used to acquire, rehabilitate, or construct affordable rental housing primarily for occupancy by households of individuals and families that meet the definition of the following qualifying population: 1) Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 11302(a)) ("McKinney-Vento"). Unlike the regular HOME Program, which targets HOME -assisted rental units based on tenant income, seventy (70) percent of all HOME -ARP units must admit households based only upon their status as qualifying households. Referral Methods for Projects The City will use the Orange County Coordinated System (CE) for referrals for eligible projects described above. Under 24 CFR 578.3, a CE is a centralized or coordinated process designed to coordinate program participant intake assessment and provision of referrals within a defined area. HUD requires each Continuum of Care (CoC) to establish and operate a CE with the goal of increasing the efficiency of local crisis response systems and improving fairness and ease of access to resources, including mainstream resources. The City will permit the Orange County CoC CE to collect information and documentation required to determine whether an individual or family meets the criteria of a HOME -ARP qualifying population at any point in the coordinated entry process, (i.e., after or concurrently with the assessment and intake processes) as long as that information is not used to rank a person for HOME -ARP assistance other than as specified by the preferences or method of prioritization established by the City, in accordance with HOME -ARP requirements. Preference The City of Santa Ana will give a preference to chronically homeless individuals. Chronically homeless means: (1) A "homeless individual with a disability," as defined in section 401(9) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who: (i) Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and (ii) Has been homeless and living as described in paragraph (1)(i) of this definition continuously for at least 12 months or on at least 4 separate occasions in the last 3 years, as long as the combined occasions equal at least 12 months and each break in homelessness separating the occasions included at least 7 consecutive nights of not living as described in paragraph (1)(i). Stays in institutional care facilities for fewer than 90 days will not constitute as a break in homelessness, but rather such stays are included in the 12-month total, as long as the individual was living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility; (2) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or (3) A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. City Council Request for Proposals for Afford a-, N, ing Development 12/7/2021 Page 22 AMMI :INS The City will also have a local residency preference for chronically homeless individuals with strong ties to the City of Santa Ana. Eligible Costs: HOME -ARP funds may pay for up to one -hundred (100) percent of the following eligible costs associated with HOME -ARP rental units: 1) Development hard costs include the actual cost of constructing and rehabilitating housing to meet applicable property standards. Eligible development costs also include site improvements, utility connections and costs to construct or rehabilitate laundry and community facilities located within the same building as the HOME -ARP housing; 2) Refinancing of existing debt secured by a HOME -ARP rental project rehabilitated with HOME -ARP funds; 3) Acquisition costs of improved or unimproved real property 4) Related soft costs including reasonable and necessary costs incurred by the PJ or project owner associated with the financing, development, acquisition, or rehabilitation of HOME -APR rental housing; 5) Relocation costs as defined in 24 CFR 92.206(f), 24 CFR 92.353, and the Notice; 6) Certain costs related to the payment of construction, bridge, or guaranteed loans, if HOME -ARP is part of original financing; and 7) Operating cost assistance, through a capitalized operating reserve or ongoing operating cost payments, for HOME -ARP units restricted for occupancy by qualifying households Ineligible Uses and Activities HOME -ARP may not be used for any of the prohibited activities, costs or fees in 24 CFR 92.214, as revised by the Appendix to CPD Notice 21-10. For HOME -ARP NCS for individuals and families experiencing homelessness, HOME -ARP funds may not be used to: 1) Pay any operating costs of a HOME -ARP NCS project. 2) Provide additional HOME -ARP investment in a HOME -ARP NCS project during the restricted use period, except that additional HOME -ARP funds can be invested in the project up to one year after project completion in IDIS for eligible costs. 3) Pay costs of a conversion of HOME -ARP NCS as described in Section VI.E.11 of this Notice. 4) Provide non -Federal matching contributions required under any other Federal program. 5) Provide assistance for uses authorized under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (Public Housing Capital and Operating Funds). 6) Provide assistance to eligible low-income housing under 24 CFR part 248 (Prepayment of Low -Income Housing Mortgages). 7) Pay for the acquisition of property owned by the PJ, except for property acquired by the PJ with HOME - ARP NCS funds, or property acquired in anticipation of carrying out a HOME -ARP NCS project. 8) Pay delinquent taxes, fees, or charges on properties to be assisted with HOME -ARP NCS funds. 9) Pay for any cost that is not eligible under CPD Notice 21-10. Affordability Requirements HUD provides the following maximum HOME -ARP rent limits. The maximum HOME -ARP rents are the lesser of: 1) The fair market rent for existing housing for comparable units in the area as established by HUD; or 2) A rent that does not exceed 30 percent of the adjusted income of a family whose annual income equals sixty-five (65) percent of the median income for the area, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOME -ARP rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. City Cound Request for Proposals for Afford' ; ing Development 12/7/2021 Page 23 AMMI :INS In rental projects with five or more HOME -ARP assisted rental units, not less than seventy (70) percent total HOME -ARP rental units must be restricted for occupancy by qualifying households at time of household's initial occupancy. Not more than thirty (30) percent of total HOME -ARP assisted rental units may be restricted for occupancy by low-income households and meet one of following rent requirements: 1) The rent does not exceed thirty (30) percent of the annual income of a family whose income equals fifty (50) percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. HUD provides the HOME rent limits, which include average occupancy per unit and adjusted income assumptions. However, if the rent determined under this paragraph is higher than the applicable rent under 24 CFR 92.252(a), then the maximum rent for units under this paragraph is that calculated under 24 CFR 92.252(a). 2) The rent does not exceed thirty (30) percent of the family's adjusted income. If the unit receives Federal or State project -based rental subsidy and the very low-income family pays as a contribution toward rent not more than thirty (30) percent of the family's adjusted income, then the maximum rent (i.e., tenant contribution plus project -based rental subsidy) is the rent allowable under the Federal or State project - based rental subsidy program. 3) To ensure that HOME -ARP investments yield affordable housing over the long term, HOME -ARP imposes rent and occupancy requirements over the length of an affordability period. HOME -ARP Period of Affordability A minimum compliance period of fifteen (15) years for all HOME -ARP rental units irrespective of the amount of subsidy per unit or whether the units are acquired, rehabilitated, and/or newly constructed. Throughout the affordability period, income -eligible households must occupy the HOME -ARP assisted housing. When units become vacant during the affordability period, subsequent tenants must be income eligible and must be charged the applicable HOME -ARP rent. Other Requirements Minimum Loan: All HOME -ARP investments must total not less than $1,000 multiplied by the number of HOME - ARP assisted units in the project. Maximum Loan: The maximum per -unit subsidy established in NAHA does not apply to HOME -ARP units. One -hundred (100) percent of the eligible and reasonable HOME -ARP costs allocated to a HOME -ARP unit, including operating costs assistance associated with the units restricted for occupancy by qualifying households. All costs paid by HOME -ARP funds must comply with the requirements of the Cost Principles at 2 CFR part 200, subpart E of the Uniform Administrative Requirements, as amended. Property Standards: HOME -ARP rental units must comply with all property standards applicable to rental projects required in 24 CFR 92.251 paragraphs (a) new construction, (b) rehabilitation projects, (c) (1) and (2) acquisition of standard housing, (e) manufactured housing, and (f) on -going property condition standards. Labor Standards/Construction Contracts: Any contract for construction (whether it is for rehabilitation or for new construction) of affordable housing with 12 or more units assisted with HOME -ARP funds must contain a provision requiring that not less than the prevailing wages paid in the locality, as determined by the Secretary of Labor pursuant to the Davis -Bacon Act, will be paid to all laborers and mechanics employed in the development of the project. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids. Contractors and subcontractors must comply with regulations issued under this Act and pertaining to labor City Cound Request for Proposals for Afford,a-ing Development 12/7/2021 Page 24 AMMI :INS standards and HUD Handbook 1344.1. These provisions apply whether HOME -ARP funds are used for construction or non -construction costs. Lead -based Paint: Housing assisted with HOME -ARP funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. For more information, please see CPD Notice 21-10. City Council Request for Proposals for Afford' ; ing Development 12/7/2021 Page 25 AMMI :INS VI. PROJECT -BASED VOUCHERS Source of Funds The project -based voucher (PBV) program allows Public Housing Authorities (PHAs) that already administer a tenant -based voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its voucher program budget authority and attach the funding to specific units rather than using it for tenant - based assistance [24 CFR 983.6]. Eligible Borrowers Eligible borrowers are nonprofit Housing Development Corporations (HDC's) duly organized to promote and undertake community development activities on a not -for -profit basis, or for -profit housing developers or development corporations, with proven capacities to develop, own, and operate affordable housing. Limited partnerships whose general partners are otherwise eligible under the above are also eligible to borrow Program funds. Eligible Projects The City and Authority is soliciting proposals for permanent supportive housing from owners and/or affordable housing developers together with at least one service provider who are experienced, very knowledgeable of HUD programs and its requirements, and financially capable of managing and maintaining high -quality permanent supportive housing people experiencing homelessness. Proposals may also be for projects that do not include permanent supportive housing. The City will entertain proposals for New Construction of Multifamily Rental Units, Acquisition and Rehabilitation of Multifamily Rental Units, and Existing Multifamily Rental Units only. Permanent Supportive Housing is defined in this RFP as permanent housing with comprehensive, wrap -around supportive services for people who are experiencing homelessness. Eligible projects include acquisition, rehabilitation, or new construction of rental housing projects which: 1) The Public Housing Authority (PHA) may attach project -based voucher (PBV) assistance for units in existing housing or for newly constructed or rehabilitated housing developed under and in accordance with an Agreement. a. Existing housing —A housing unit is considered an existing unit for purposes of the PBV program, if at the time of notice of PHA selection the units substantially comply with HQS. i. Units for which rehabilitation or new construction began after owner's proposal submission but prior to execution of the Agreement to Enter into a Housing Assistance Payments Contract do not subsequently qualify as existing housing. ii. Units that were newly constructed or rehabilitated in violation of program requirements also do not qualify as existing housing. Applications for the project -based vouchers must: (1) be for units located in the City of Santa Ana; (2) request a minimum of eight (8) PBVs; and (3) propose to only serve households with individuals or families who are homeless as certified through referrals from the Orange County Continuum of Care Coordinated Entry System. Proposals may also be for projects that do not serve people experiencing homelessness. Proposers must be owners of existing multifamily rental units or developers of affordable housing who will enter into an agreement for supportive services with a qualified service provider (unless the service provider is also the owner). In addition, the proposed project must have an on -site property manager and provide case management/resident services on -site. SAHA will evaluate the quality and location of the prospective housing as well as the experience of the service provider and proposed services. Proposals from owners/developers who cannot demonstrate such an agreement for supportive services will not be reviewed. City Cound Request for Proposals for Afford 'aing Development 12/7/2021 Page 26 AMMI :INS Wrap -Around Supportive Services One of the most important elements of permanent supportive housing is ongoing supportive services that are wrapped around homeless individuals and families placed in housing. Under this RFP, the scope of services required for service providers in the course of operating the Project -Based Voucher Program ("Program") will include, but not be limited to: 1) Performing outreach and intake of targeted individuals (i.e. homeless and chronically homeless individuals) for participation in the Program; 2) Making and accepting referrals of people experiencing homelessness from the Orange County Continuum of Care Coordinated Entry System with a preference for chronically homeless individuals with strong ties to the City of Santa Ana; 3) Assessing homeless individuals and families to prescribe treatment/services; 4) Placing homeless individuals and families into project -based housing units; 5) Performing case management services for homeless individuals and families that will remove barriers to successful achievement of independent living skills, attainment of employment skills, and greater self-determination; 6) Tracking and reporting program activities and outcomes using the Homeless Management Information System (HMIS) operated by the Orange County Continuum of Care. Data entry into HMIS is required in order to perform tracking and reporting program activities and outcomes. Supportive Services means services provided to tenants for the purpose of addressing the tenants' condition of homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the special needs of the tenants to be served. These services may include: (a) medical or mental healthcare; (b) medical and psychological case management; (c) benefits advocacy and income support assistance such as Temporary Assistance to Needy Families (TANF), General Assistance, CalFresh, Social Security Disability Income, tenant assistance or representation to address landlord/tenant issues; (d) money management/payee services; (e) nutritional counseling; and (f) assistance in obtaining other resources and support for tenants such as clothing, furniture and household items, transportation, job training and job placement. These services may be provided directly or by arrangement with other service providers. Housing First Housing First is an approach where homeless persons, usually chronically homeless or especially vulnerable homeless individuals and families, are provided immediate access to housing and then offered the supportive services that may be needed to foster long-term stability and prevent a return to homelessness. This approach removes unnecessary barriers and assumes that supportive services are more effective in addressing needs when the individual or family is housed and the daily stress of being homeless is addressed. Key components of this model include a simple application process, a harm reduction approach, and no conditions of tenancy beyond those included in the lease. Housing First specifically does not require sobriety or testing for substance abuse to obtain or sustain tenancy and thus must not be required in the lease. In serving these populations, projects cannot discriminate against families with children. Housing First programs share critical elements: 1) There is a focus on helping individuals and families access and sustain rental housing as quickly as possible and the housing is not time -limited; 2) A variety of services are delivered primarily following a housing placement to promote housing stability and individual well-being; 3) Such supportive services are time -limited or long-term depending upon individual need; and 4) Housing is not contingent on compliance with services. Instead, participants must comply with a standard lease agreement and are provided with the services and supports that are necessary to help them do so successfully. City Council Request for Proposals for Affoing Development 12/7/2021 Page 27 AMMI :INS A Housing First approach rests on the belief that helping people access and sustain permanent, affordable housing should be the central goal of our work with people experiencing homelessness. By providing housing assistance, case management and wrap -around supportive services responsive to individual or family needs (time -limited or long-term) after an individual or family is housed, communities can significantly reduce the time people experience homelessness and prevent further episodes of homelessness. A central tenet of the Housing First approach is that social services to enhance individual and family well-being can be more effective when people are in their own home. More information on Housing First is available at: htt�s://www.hudexchange.info/resources/documents/Housing-First®Permanent-Supportive-Housing- Brief.�df Eligible Uses and Activities Program funds can be used to enter into an Agreement with eligible borrowers who will provide affordable housing. Eligible uses of Project -Based Voucher funds include, but are not limited to, the following: 1) acquisition and/or rehabilitation of eligible rental properties; 2) acquisition and conversion of nonresidential property to multifamily rental housing units; and 3) new construction of rental housing units. Affordability Requirements All units assisted under this program shall be affordable to households with incomes that do not exceed 30% of median income. Compliance with Federal and Local Regulations All projects must comply with all applicable federal requirements contained in 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead -based paint and equal opportunity. Borrowers should note: Contract Requirements: All work shall be completed by licensed contractors. All contracts must comply with competitive bidding requirements. Labor Standards: A project with nine or more residential units must comply with the Federal Labor Standards, including the Davis -Bacon Act requirements, as promulgated by HUD, and set forth in 24 CFR Part 570, Subpart K in the performance of the rehabilitation or construction work financed by the loan. Contracts over $10,000 must comply with Equal Opportunity Affirmative Action requirements of Section 3 of the Housing and Urban Development Act of 1968. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids. Lead -based Paint: Housing assisted with PBV funds constitutes HUD -associated housing for the purpose of the Lead -Based Paint Poisoning Prevention Act and the Lead Safe Housing Rule, and is therefore subject to 24 CFR Part 35. Unless otherwise provided, borrowers are responsible for testing and abatement. Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8. For more information, please see PIH Notice 2017 — 17 and 24 CFR Part 983. City Cound Request for Proposals for Afforda-' 'HAing Development 12/7/2021 Page 28 AMMI :INS VII. DEVELOPER REQUIREMENTS AND RESPONSIBILITIES L INSURANCE Prior to undertaking performance of work under this Agreement, Developer shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 1) Commercial General Liability Insurance. Developer shall maintain commercial general liability insurance, which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Developer's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000 per occurrence, $2,000,000 in the aggregate. 2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non - owned automobiles. 3) Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Developer is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Developer agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. The following requirements apply to the insurance to be provided by Developer pursuant to this section: a. Commercial general liability and business automobile insurance policies shall (a) name the City, Authority, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City and Authority; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit C. Developer shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. b. Certificates of insurance shall be furnished to the City and Authority upon execution of this Contract and shall be approved in form by the City Attorney. c. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City and Authority. If Developer fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City and the Authority with required proof that insurance has been procured and is in force and paid for, the City and Authority shall have the right, at the City's/Authority's election, to forthwith terminate the Contract. Such termination shall not affect Developer's right to be paid for its time and materials expended prior to notification of termination. Developer waives the right to receive compensation and agrees to indemnify the City and the Authority for any work performed prior to approval of insurance by the City and Authority. City Cound Request for Proposals for Afford a a M ing Development 12/7/2021 Page 29 AMMI :INS ii. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, Developer shall indemnify, defend and hold harmless City, Authority, its officers, agents and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Contract (including, without limitation, defects in workmanship and/or materials) or Developer's presence or activities conducted performing the work (including the negligent and/or willful acts, errors and/or omissions of Developer, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Developer to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of the Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Developer. iii. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this contract shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copy to Housing Division Manager City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Fax 714-667-2225 iv. TERMINATION The City and the Authority reserves the right to terminate the contract, without penalty, for cause immediately or without cause. 1) In the event Developer fails or refuses to timely perform any of the provisions of the Agreement in the manner required, or if Developer violates any provision of the Agreement, Developer shall be deemed in default. City shall provide written notice of such default to Developer's Project Manager. Developer shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the Agreement forthwith by giving written notice to Developer's Project Manager. City may, in addition to the other remedies provided City Cound Request for Proposals for Afford,a-ing Development 12/7/2021 Page 30 AMMI :INS in the Agreement or authorized by law, terminate this Agreement by giving written notice of termination. Developer shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during Developer's default. 2) This agreement maybe terminated without cause by City and/or Authority upon thirty (30) days written notice delivered to the Developer either personally or by mail. Upon termination, City and/or Authority shall pay to Developer that portion of compensation specified in the Agreement that is earned and unpaid prior to the effective date of termination. V. DEVELOPER OPTION FOR TERMINATION The Developer may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City or Authority. Such request will require one -hundred and eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City and/or Authority, Developer shall give the City and/or Authority thirty (30) working days to cure the alleged breach. VI. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Developer shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Developer of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review. vii. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 1) Developer shall perform all requirements under the contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2) Developer warrants that the performance of services under the contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of the contract. viii. ASSIGNMENT Inasmuch as the Agreement is intended to secure the specialized services of Developer, Developer may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and/or Authority, and any such assignment, transfer; delegation or subcontract without the City's and/or the Authority's prior written consent shall be considered null and void. ix. JURISDICTION —VENUE The Contract will be executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of the Contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of the Contract. City Cound Request for Proposals for Afford a a N ing Development 12/7/2021 Page 31 AMMI :INS x. FINES The Developer shall be liable for all violation fines levied against the City and the Authority by State or Federal Agencies and the Courts such as, but not limited to, oil or fluid leaks. City Council Request for Proposals for Affoing Development 12/7/2021 Page 32 AMMI :INS ATTACHMENT 1: EARLY OUTREACH COMMUNITY MEETING Information regarding the City's Early Outreach Community Meeting requirement can be accessed here: hf%s://www.santa-aria.orb/sites/defaulf/files/sunshine ordinance.12df Please note that the City's Sunshine Ordinance is currently under review by the City of Santa Ana. The first reading of the amended Ordinance was held on November 16, 2021. Please check the City's webpage for more information on the amended Ordinance. City Cound Request for Proposals for Afford,a-N ing Development 12/7/2021 Page 33 AMMI :INS ATTACHMENT 2: CITY OF SANTA ANA REHABILITATION STANDARDS PREFACE The primary purpose of these standards is to address the quality of workmanship and materials expected, and to achieve consistency throughout the program activities administered by the City of Santa Ana. These standards are not intended to reduce or exclude the requirements of any federal, state or local codes, standards, ordinances and regulations that apply to residential rehabilitation. WORKMANSHIP All work shall be performed in a professional and workmanlike manner. The quality and durability of the work shall meet or exceed the standards established by the construction industry and various trades. MATERIALS & EQUIPMENT • All materials and equipment shall comply with and be installed in accordance with the manufacturer's requirements and all applicable codes, standards, ordinances and regulations. If a discrepancy occurs between the requirements, the more stringent shall prevail. • Unless otherwise specified, all materials and equipment shall be medium grade. • Economy grade materials and equipment are unacceptable. • All materials and equipment shall be new, in excellent condition, and delivered to the job in the manufacturer's original packaging. • The description of materials and equipment found in this document establish a minimum standard. ENERGY EFFICIENCY, WATER CONSERVATION & RECYCLED MATERIALS To the extent possible and practical, standard measures related to energy conservation, energy efficiency, water conservation and the use of recycled materials have been incorporated herein. Gut rehabilitation or new construction of residential buildings up to three stories will be designed to meet the standard for Energy Star Qualified New Homes. Gut rehabilitation or new construction of mid or high-rise multi -family housing must be designed to meet the American Society of heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 90.1-2004, Appendix G plus 20 percent. LEAD -BASED PAINT All housing built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. HUD's guidelines are available at https://www.hud.gov/program offices/healthy homes/enforcement/Ishr BUILDING STANDARDS Minimum Standard • The site shall be hazard -free and sanitary. • The site and all paving shall drain away from the dwelling and accessory buildings, but not onto adjacent properties. • Paving and walkways shall be hazard -free and intact. • Landscaping and irrigation systems shall be hazard -free and in relatively good condition. All dead vegetation shall be removed. • Fencing, walls and gates hazard -free and intact. All gates shall be in good working order. • The site shall be free from trash, debris and hazardous materials. • Accessory buildings shall be safe and sound. City Cound Request for Proposals for Affords ing Development 12/7/2021 Page 34 AMMI :INS ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Paving • All new paving and walkways shall be constructed with concrete (2,000 PSI @ 28 days). • Driveways shall be reinforced with wire mesh. Sawn expansion - contraction joints shall be placed every 8 feet in both directions. • All paving and walkways shall be finished with a light broom texture. • All walkways shall be at least 3 feet wide. Sawn expansion -contraction joints shall be placed every 4 feet. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Landscaping & Irrigation To the extent possible and practical all new landscaping shall be drought resistant. • When a lawn is being replaced, the new lawn area shall be reduced to aid in the reduction of water consumption. • New irrigation controllers shall be weather or sensor based and EPA Water -Sense qualified. • All new irri ation s stems shall be desi ned to conserve water. Fences, Walls & Gates All new wood fences shall be made from good quality materials. They shall be properly supported with 4X4 pressure treated posts (8 feet O.C.) and 2X4 rails (top and bottom). The posts shall be embedded in a concrete footing at least 18" deep. • All new block walls shall be constructed with 6X8X16 concrete block. They shall be properly supported by a continuous footing and reinforced with steel bar. m m m uu i m u i i mm uulilililililililiWmiiiu m mu u. ui u. m�m uu mlilililililililiWmiiiu IIIII�� Illllli Illllli i ui uuiiiiiiuu um uuuulullmll m�muumuumm V�i a uuIVmuuuuu ����� um m uuuuuummM'�ull�m�mIVm�uuu�uum a Vuumuummuu�uuuuuummM'�uu uuu uu ummlllllllluuumuummi Minimum Standard • Roofs shall be safe and structurally sound. • Roof coverings shall be intact and watertight. • Roofing metal and flashing shall be intact and rust free. • Gutters and downspouts shall be intact and rust free. • Roof coverings with five or less ears of useful life shall be re laced. Rehabilitation • .......................................................................................................................y................................................................,,,....,..,.......................,.........,..............................�................................,,..,,............ Roofs that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • The replacement of roofing includes the replacement of all metal (roof jacks and flashing). • Gutters and downspouts shall be installed to properly discharge rain water run-off. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Roof Coverings 25-year, 3-tab, self-sealing composition shingle. Built-up membrane (hot mop) system on all flat roofs. • .......................9........................................................................................................................................................................................................................9.............................................................................................................. Li hter colored coverin s are referred for ever efficienc . Minimum Standard • Safe, structurally sound and watertight. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Decks, balconies and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Finishes • Zero or low VOC primers. paint and coatinas. City Cound Request for Proposals for Afforing Development 12/7/2021 Page 35 AMMI :INS Minimum Standard • Safe and structurally sound. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Ext. steps, stairways and railing that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Finishes • Zero or low VOC primers, paint and coatings. Minimum Standard • Safe and structurally sound. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Foundations that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, raised foundations shall be completely insulated. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Concrete • 2,000 PSI (minimum). Minimum Standard Safe, structurally sound and watertight. Rehabilitation Exterior walls that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the oroiect involves a aut rehab. all exterior walls shall be insulated. Minimum Standard Safe, sound, weather-ti ht and in good workin order. Rehabilitation Exterior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... New Doors EPA Energy Star qualified, zero or low VOC finish. ...................................................................................................................................................................................................i............................................................................................................................................................................................................................................................................................................................................ New Hardware Reputable manufacturer, lifettime finish. Ilm. ��� m�����m iii m. uulililililililili mIIIIIV a ����� i i um. iii uu������ ��� m. uulililililililili uuIIIIIV umimm�uu a ����� RIIIIIII RIIIIIII ����� u�m Minimum Standard • Safe, sound and in good working order. Doors shall be impermeable (primed and painted). • Five or more years of practical utility. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Rehabilitation Garage doors and openers that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Minimum Standard 0 Windows shall be safe, sound, weather -tight and in good working order. • Windows that can be opened shall have a tight -fitting insect screen. • Five or more ears of ractical utilit . y....................................................................................................y............................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Windows that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. City Cound Request for Proposals for Afforda@@ N ing Development 12/7/2021 Page 36 AMMI :INS .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. New Windows • Reputable manufacturer. • EPA Energy Star qualified. Minimum Standard • Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All exterior paint shall be intact and free of corrosion. • Five or more years of practical utility. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All stucco surfaces to be painted shall receive a complete and even coverage of stucco paint. • All wood surfaces to be painted shall receive a complete and even coverage of flat exterior paint. • Poor workmanship will not be tolerated. ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... New Paint Reputable manufacturer. • Highest quality available. • Zero or low VOC paint, caulkina and fillers. Minimum Standard • Safe and structurally sound. • All plaster, drywall and paneling shall be safe and intact. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Walls and wall coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • If the project involves a gut rehab, the attic, walls and floor on raised foundations shall be insulated. Minimum Standard • Safe, sound and sanitary. Five or more ears of racticaI utilit . y....................................................................................................y...................................................................................................................................................................................... Rehabilitation Floor coverings that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. Replacement Floor Carpet & Pad (Reputable manufacturer, recycled materials). Coverings Resilient Flooring (Reputable manufacturer, 10 year wear warranty). • Ceramic Tile (Reputable manufacturer) pu m1°i � m IIIIIV m um Im m�m uu m i m�uu m um um um uuu Minimum Standard • Safe, sound and in good working order. • Five or more ears of ractical utilit . ...........................................y....................................................................................................y.......................................................................................................................................................................................... Rehabilitation Interior doors that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ......Re.......Lace m.e.nt...Doors...&.....................................................................................................................................................................................................................................................................................................:......................................................................................................................................... p Doors (Reputable manufacturer, masonite, raised panel). Hardware Hardware (Reputable manufacturer, lifetime finish). City Cound Request for Proposals for Affordag@ ing Development 12/7/2021 Page 37 AMMI :INS ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ INTERIOR PAINT ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Minimum Standard Homes built before 1978 must comply with 24 CFR Part 35 Subpart J and HUD's Lead Safe Housing Rule regarding the evaluation and control of lead -based paint hazards. • All interior paint shall be intact and corrosion -free. • Five or more ears of ractical utilit . Rehabilitation ...........................................y....................................................................................................y.......................................................................................................................................................................................... All surfaces to be painted shall be prepared properly. All loose material and peeling paint shall be removed. • All holes and cracks shall be filled and finished so that they blend into the surrounding area. • All surfaces to be painted shall receive a complete and even coverage of flat paint (semi -gloss in kitchens, bathrooms and laundry rooms). • Poor workmanship will not be tolerated. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ New Paint . Reputable manufacturer. • Highest quality available. • Zero or low VOC aint, caulking and fillers. u�uu m m um m m miiiiiili m IIIIIII um uu�uu uuuuii u m IIIIIII miiiiiili uu uuuu a um um uum m m uu uuiiiiiiiii m�uu m IVuuuu udllll uuuuu Minimum Standard • Cabinets shall be safe, sound, sanitary and in good working order. • Countertops shall be safe, sound, sanitary and watertight. • Five or more ears of ractical utilit . y.................................................................................................... y...................................................................................................................................................................................... Rehabilitation Cabinets and countertops that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Cabinets • Reputable manufacturer. • Solid hardwood face -frames, doorframes and drawer fronts. • Metal and nylon drawer guides. • Low or zero VOC adhesives and finishes. eplacement Reputable manufacturer. Countertops 4" ceramic tile, 6" backsplash, bull -nose edge. I ° °°I � IIIIIV � � um uuuuiiii iiuu uII�IIYuu ul IIIIIIII IIIIII uuuiiili uIIVu IIIIIIIIIIII uuuum uuul ul a 11 u�ul�ul luuuiiiiil uIIVu ul ulrul ul�ul uuuuu uuruu ul lll� IIIIIIII luuuuul ul ulrul ul�ul lllluuu uuuuiiiil IVuum Minimum Standard • Safe, sound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Five or more ears of ractical utilit . ...............................................................................................................................................................................................................................................y...................,111...........................................................................y...................................................................................................................................................................................... Rehabilitation Kitchen fixtures, equipment and appliances that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Sinks . Reputable manufacturer. • 18-guage (minimum) stainless steel. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Faucets . EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housin . ....................................................................................................................................................................................................................................................................................................................................................................................................................... Replacement Disposals • Reputable manufacturer. • '/2 HP motor (minimum). • Stainless steel swivel lu s. Replacement . EPA Energy Star qualified. Dishwashers • Reputable manufacturer. City Cound Request for Proposals for Affordag@ MAing Development 12/7/2021 Page 38 AMMI :INS ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Range • EPA Energy Star qualified. Hoods • Reputable manufacturer. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Ranges Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. • Self-cleanin oven with timer. Replacement Cook Tops ...............9.........................................,.................................................................................................................................................................................................................................................................. Reputable manufacturer. • Pilot -free ignition. • Four sealed burners. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Wall Ovens Reputable manufacturer. • Pilot -free ignition. • Self-cleaning oven with timer. Minimum Standard . Safe, Illsound, sanitary and in good working order. • Faucets shall (at a minimum) be equipped with a low -flow aerator. • Showerheads shall (at a minimum) be equipped with low -flow aerator. • Porcelain sinks shall be free from any cracks or chips. • Steel sinks shall be free from any rust or corrosion. • Five or more years of practical utility. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Rehabilitation • Bathroom fixtures and equipment that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Toilets that require more than 1.6 GPF shall be replaced regardless of their condition. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Sinks • Reputable manufacturer. • Cast iron, white enamel finish. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Faucets EPA Water -Sense qualified. • Reputable manufacturer. • Brass construction, metal housing. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Toilets Reputable manufacturer. • EPA Water -Sense qualified (1.28 GPF) ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Tubs Reputable manufacturer. • Cast iron body, white enamel finish, slip resistant bottom. • EPA Water -Sense ualified lumbin fixtures. 9 Replacement 0 .......................................p...................................g.................................................................................................................................................................................. Reputable manufacturer. Combination • Cast iron body, white enamel finish, slip resistant bottom. Tub -Showers • 4" ceramic tile surround. • Anodized aluminum doors with tempered glass. • EPA Water -Sense ualified lumbin fixtures. 9 Replacement Showers • .......................................p...................................g.................................................................................................................................................................................. Reputable manufacturer. • 4" ceramic tile. • Anodized aluminum door with tempered glass. • EPA Water -Sense qualified plumbing fixtures. ReplacementReputable manufacturer. Medicine Cabinets • Steel body, beveled mirror door. City Cound Request for Proposals for Affordag@ N ing Development 12/7/2021 Page 39 AMMI :INS .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Towel Bars & Toilet Paper • Reputable manufacturer. Holders • Metal construction, polished chrome finish. Minimum Standard Safe, sound and leak-free. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Rehabilitation Piping (supply, waste and vent) that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Copper, type "L". Water Supply Piping ReplacementSchedule 40 ABS. Waste & Vent Piping Minimum Standard • Safe, sound and in good working order. • Five or more ears of ractical utilit . y.................................................................................................... y...................................................................................................................................................................................... Rehabilitation Water heaters that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Replacement Reputable manufacturer. Water Heaters (Tank) EPA Energy Star qualified. • 40- allon insulated tank. Replacement Reputable manufacturer. Water Heater EPA Energy Star qualified. (Tank -Less) Minimum Standard Safe, sound and in good working order. • 100-am ere minimum service. Rehabilitation Electrical service panels, breakers and wiring that do not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Knob and tube wiring shall be replaced regardless of its condition. • Overhead wiring from a dwelling to a detached garage or accessory buildin shall be installed under round re ardless of its condition. 9......................................................................................................................................................................................................................................................................................................................... Replacement • Reputable manufacturer. Service • 100-am ere minimum . Replacement Wiring R o m e x (NM cable). Minimum Standard • Safe, sound and in good working order. • Light fixtures shall (at a minimum) be equipped with CFL bulbs. • Exterior lighting fixtures used for security shall be equipped with a motion sensor. ...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rehabilitation Electrical switches, outlets and lighting fixtures that do not meet the minimum standard shall be replaced. Practical. cost effective repairs are City Council Request for Proposals for Affordag@ M ing Development 12/7/2021 Page 40 AMMI :INS acceptable as long as compliance with the minimum standard will be achieved. • All new light fixtures shall be U.L. approved and Energy Star qualified. • Outlets located within 6 feet of a source of water shall be ground fault protected. • Exterior switches and outlets shall be weatherproof. Replacement U.L. approved. Switches & Outlets R.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................epIacement Reputable manufacturer. Lighting Fixtures • U.L. approved and EPA Enerqv Star qualified. IIIIIIII Minimum Standard • Safe, sound and in good working order. • Five or more years of practical utility. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Rehabilitation • HVAC that does not meet the minimum standard shall be replaced. Practical, cost effective repairs are acceptable as long as compliance with the minimum standard will be achieved. • Tune-up all HVAC equipment (as a minimum). • Seal all ducts (as a minimum). • All new HVAC equipment shall be sized properly. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Furnaces • Reputable manufacturer. • EPA Ener y Star ualified. Central Air Conditioners • Reputable manufacturer. • EPA Ener Star ualified. y9............................................................................................................................................................................................................................................................................. Thermostats • . ............................ Reputable manufacturer. • EPA Energy Star qualified. • Programmable. 1V IIIIII'°IIIII t t dull M(i i Mt kd V 'f V Mt Mrs t y V t IV Illii f OEM m uuu� s Minimum Standard • Additions and alterations that were constructed without a building permit and are clearly substandard shall be removed. • Garages converted to living quarters shall be returned to their original use. • Additions and alterations that were constructed without a building permit, but appear to be compliant, shall be inspected by the City's Building Official to determine if a building permit can be issued and thev can be saved. City Cound Request for Proposals for Affordag@ m ing Development 12/7/2021 Page 41 AMMI :INS EXHIBIT B TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT ALIGNMENT WITH THE CITY'S HOUSING ELEMENT AND STRATEGIC PLAN Please check those goals in the 2014-2021 Housing Element and Strategic Plan that align with the project: HE-1.1 Housing Conditions. Promote the rehabilitation, repair, and improvement ❑ of single-family, multiple -family, and mobile homes and, if needed, the demolition of substandard housing that presents a health and safety hazard. HE-1.7 Historic Preservation. Support preservation and enhancement of ❑ residential structures, properties, street designs, lot patterns, and other visible reminders of neighborhoods that are considered local historic or cultural resources. HE-2.1 Downtown. Strengthen Santa Ana's core as a vibrant mixed -use and ❑ mixed -income environment by capitalizing on the government center, arts district, historic downtown, transit -oriented housing, and diverse neighborhoods. HE 2-3 Rental Housing. Encourage the construction of rental housing for Santa ❑ Ana's residents and workforce, including a commitment to very low, low, and moderate -income residents and moderate income Santa Ana workers. HE-2.4 Diverse Housing Type. Facilitate diverse types, prices, and sizes of ❑ housing, including single-family homes, apartments, townhomes, mixed/multiuse housing, transit -oriented housing, multigenerational housing, and live -work opportunities. HE-2.5 Housing Design. Require excellence in architectural design through the ❑ use of materials and colors, building treatments, landscaping, open space, parking, and environmental sensitive ("green") building and design practices. HE -3.2 Homeownership. Increase and expand homeownership opportunities for ❑ low and moderate -income residents and employees working in Santa Ana through the provision of financial assistance, education, and collaborative partnerships. HE-4.1 Senior Housing. Support development of affordable senior rental and ❑ ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. HE-4.2 Family Housing. Facilitate and encourage the development of larger rental ❑ and ownership units for families, including lower and moderate -income families, and the provision of childcare, after -school care, and other services when feasible. HE-4.3 Housing for Disabled People. Support the development of permanent, ❑ affordable, and accessible housing that allows people with disabilities to live independent lives, and assist them in maintaining and repairing their homes. HE-4.4 Service -Enriched Housing. Support the provision of supportive services ❑ and service -enriched housing for persons with special needs, such as senior, disabled people, homeless people, families, veterans, and people with medical conditions. HE-4.5 Healthy Homes. Support efforts to make homes more healthful by ❑ addressing health hazards associated with lead -based paint, asbestos, vermin, mold, VOC-laden materials, and prohibiting smoking in multi -family project, among others. ❑ HE-4.8 Housing Priority. Provide that Santa Ana residents, employees, and designated need groups receive priority for affordable housing created under the City Cound Request for Proposals for Afford a a ing Development 12/7/2021 Page 42 AMMI :INS Housing Opportunity Ordinance or with City funding to the extent allowed under state law. Strategic Plan Goals and Objectives ❑ Re -use of Commercial or Industrial Buildings that are currently underutilized or vacant for mixed -use residential projects Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing ❑ Does this project give priority to the following populations: ❑ Residents, if so how many units? ❑ Employees, if so how many units? ❑ Artists, if so how many units? ❑ Veterans, if so how many units? 13mr ,A SIGNED AND PRINTED NAME TITLE DATE City Council Request for Proposals for Afforing Development 12/7/2021 Page 43 AMMI :INS EXHIBIT C NOT REQUIRED UNTIL AFTER DEVELOPER SELECTION CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana and the Housing Authority of the City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza M-25, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as part of Name Insured Countersigned by: Authorized Representative City Cound Request for Proposals for Affords ing Development 12/7/2021 Page 44 AMMI :INS EXHIBIT D TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL & CONTRACT AGREEMENT PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana and the Housing Authority of the City of Santa Ana, hereinafter collectively referred to as the City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting her approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to enter into an Agreement and/or furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non -Discrimination by Developers, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE City Cound Request for Proposals for Afford A aing Development 12/7/2021 Page 45 AMMI :INS EXHIBIT E TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY DEVELOPER The undersigned Developer or corporate officer, during the performance of this contract, certifies as follows: The Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Developer 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 Developer 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 Developer shall, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Developer shall send to each labor union or representative of workers with which he 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 Developer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Developer 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 Developer shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Developer'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 Developer may be declared ineligible for further Government contracts or federally assisted construction/services contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Developer 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 City Cound Request for Proposals for Afford a a M ing Development 12/7/2021 Page 46 AMMI :INS noncompliance; provided, however, that in the event the Developer becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the 8. Developer may request that the United States enter into such litigation to protect the interests of the United States. 9. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, No discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any Developer violating this Section is subject to all the penalties imposed for a violation of the Chapter. FIRM SIGNED AND PRINTED NAME TITLE DATE City Council Request for Proposals for Afforda-' H' ing Development 12/7/2021 Page 47 AMMI :INS EXHIBIT F TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL AND CONTRACT AGREEMENT NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER 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 PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other PROPOSER, 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 PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. PROPOSERS are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City Cound Request for Proposals for Afford' 1�oming Development 12/7/2021 Page 48 AMMI :INS EXHIBIT G TO BE INCLUDED IN PROPOSAL CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY REQUEST FOR PROPOSALS FOR AFFORDABLE HOUSING DEVELOPMENT PROPOSAL AND CONTRACT AGREEMENT COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING WITH THE SANTA ANA WORK CENTER Proposer understands and agrees that s/he will be required to enter into a Memorandum of Understanding (MOU) with the Santa Ana Work Center to coordinate services. The purpose of the MOU is to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employers, job seekers and others needing workforce services. The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and knowledge necessary to enter the workforce or obtain a higher -paying job. The Santa Ana WORK Center is available to connect program beneficiaries to a full range of no -cost services, resources and opportunities to help: • Build the skills employers want most • Access training and/or education programs that lead to employment • Find the jobs and employers who are hiring • Screen for additional employment or social services • Receive support to succeed in job search Proposers are encouraged to contact the Santa Ana Work Center at (714) 565-2629 to learn more about their programs and services and the terms and conditions of the MOU. A template for the MOU will be provided promptly to the proposer after the announcement of an award. All terms contained in the Memorandum of Understanding are to be incorporated by reference into this Agreement and are made specifically as part of this RFP. FIRM SIGNED AND PRINTED NAME TITLE DATE City Cound Request for Proposals for Afford' ing Development 12/7/2021 Page 49 �o. 2. 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I o%J'vraWorp'° V� s rlu 1 L I @I i pl r 1.2 rases y,, n u t 1.2 o , y s � I 1 d � u Al N f �a �J q ,>r Ii�'llll�" �Illlllm Illlp ioumu IIIIIIIIVIu���"°..'���u pill II�� � I� °'���P�iiiiul�� ��II I �,IIIIIIIIIIII `S�mm IIIIIII ���uu uuuuuii��� llluum��� ullll II�W, ......m �III� III .uuu of uiIIIIIIIV,� AMMI :INS EXHIBIT J COMMUNITY OUTREACH GUIDELINES The Community Development Agency makes available the following guidelines to assist developers of affordable and special needs housing in obtaining community input and support for affordable housing projects. These guidelines are not meant to be a rigid checklist, but rather a flexible approach that can assist developers in building and maintaining a constructive relationship with community and political stakeholders. Four Steps to Building Community Support The approach consists of four steps: 1. The development team meets early to research, assess and plan in five key areas. 2. Prepare a strategy to build active community support for your proposal. 3. Prepare a strategy to address community concerns and deal with active opposition. 4. Prepare a public relations/media strategy to inform decision -makers and the public. These steps are described in detail below: 1. Plan meetings to research, assess and plan strategies in five key areas. Schedule two or more meetings of the entire development team together with local advocates and assign responsibility for organizing the meetings (e.g. inviting key people) to a staff member. At the first meeting, assess the following: a. The organization's reputation, capacity to attract broad community support, and its previous experience in dealing with local government, opponents, and the media. b. What local government approvals are required, who will decide, what are the processes and criteria for decisions, and an expected timeline. c. The government and community's current knowledge of and support for affordable and supportive housing, the organization's work, and the current proposal. d. Full analysis of the neighborhood surrounding the proposed site (history, problems, assets, etc.) e. Likely concerns neighbors might have, the neighborhood's experience with similar programs, and the potential for support or organized opposition. f. Potential legal issues associated with the development proposal, including the legal rights of all parties. g. The media approach to the proposal Based on these assessments, at later meetings determine: 1. Strategies toward the community, potential supporters, potential opponents, and legal issues (steps 2-5); 2. Staffing required to implement these strategies; and, 3. Any consequences for the proposal's time line, funding needs, or site selection. City Council 36 — 60 12/7/2021 AMMI :INS Each strategy should have a clear plan of action: who will do what, when, how. Efforts to implement these four strategies will be going on simultaneously and timing issues are critical and must be decided after consultation with persons most familiar with the relevant neighborhood. Expect to change and improvise your plans as you go along. You won't regret your planning because it will help you manage the process and avoid surprises. Most importantly, draw on the collective experience of others to gain further insight into the strategies for community acceptance. 2. Prepare a strategy to build public support a. Active, vocal community support for the proposal will help get support, counter opponents, tell the accurate story to the media (if needed) and, when appropriate, say the hard things that must be said. b. Identify and prioritize actual and potential supporters, including tactical allies. Think widely about potential allies before contacting potential opponents. c. Plan recruitment of supporters and what you want them to do. d. Support allies with background information, housing tours and up-to-date information. e. Mobilize supporters at critical points (e.g. using a database and fact sheets.) 3. Prepare a strategy to address community issues a. Notification and community out -reach decisions should be designed to surface and deal effectively with legitimate concerns and for positive presentation of the proposal. b. Consider alternative methods for community outreach (e.g. door-to-door canvassing, open -house forums or small house meetings) instead of the large open community meetings. c. Use an issue -based strategy for working through local community concerns. d. Find out the probable basis of the concerns before fashioning a response (e.g. misinformation, fears about impacts, expectation to participate, prejudice, or issues unrelated to your proposal.) e. Prepare appropriate responses to each kind of concern (e.g. education, reassurance by trusted authority, appropriate forum for participation, negotiation, clarifying legitimate/illegitimate issues.) 4. Prepare a public relations/media strategy a. Plan ahead in order to be able to respond effectively to any negative media or other type of coverage you receive, or believe you will receive. b. Designate and prepare a spokesperson(s), including former tenants and supporters. c. Develop messages for target audiences. d. Prepare brief fact sheets about the organization, the proposal, the supporters, efforts to resolve legitimate community concerns, and other information to support the proposal. e. Invite opponents for a tour of existing facilities and to meet staff and clients. f. Follow up on any coverage received with thank you notes and corrections. City Council 36 — 61 12/7/2021 AMMI :INS Additional Outreach Principles Low key contact with neighbors, with the support of local allies, is the most effective form of outreach. The most effective forms of low-key contacts are either person to person or small group "house' meetings. In small meetings, the goal is to "humanize" the issue, give it a face that the audience can understand and empathize with, depolarize the potential residents/clients and the program to help remove them as the issue. If possible, have potential residents/clients attend and tell their story. Trying to convince people about the merits of an issue they oppose on an intellectual basis with facts, laws, and details does not affect their "feelings" about the issue. The team should reflect the cultural diversity of the City of Santa Ana and our residents and needs. If the project is intended for a target population, the provider and neighborhood should discuss the following non-exclusive list of issues: 1. Organization/Agency history of housing/services offered. 2. Residents/Clients to be served by this housing/service; numbers, general daily activity and schedule. 3. Special characteristics of the resident/client population (e.g., large families, extremely low-income families, mental illness or recovering substance abusers), likely length of stay in the project, and types of staff or support services, available and mandatory, whether on or off site. 4. The provider's history and reputation - Characteristics of success and failure within the program, in general terms, e.g., possible outcomes for clients and how the program responds to each possibility. 5. The neighborhood and characteristics of the area that might be of concern to neighbors and provider alike. 6. Mechanisms for communication between the provider and its neighbors. The provider should offer a 24-hour contact number if one exists, or best after hours contact available. The neighborhood should identify persons who can act as a contact. The security of knowing where to call to get a response is important. Discuss how to maintain ongoing communications, e.g., repeat visits to community meetings or written updates for newsletters. 7. Names of interested neighborhood organizations and how to contact them. 8. The development of a community advisory committee, if needed. An advisory board is an excellent vehicle for mutual education and effective communication. City Council 36 — 62 12/7/2021 EXHIBIT 2 oelkfiiI11115 � km JULY 11 2021 - JUNE SUBSTANTIAL AMENDMENT Allocation of HOME ARP Funds City Council 36 — 63 12/7/2021 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN III IF -A 1441019410611111 11191111 1&1 EXHIBIT 2 Substantial Amendment # 1 PAGE Introduction...............................................................................................................................2 Amendments..............................................................................................................................5 CitizenParticipation...................................................................................................................6 Exhibits Exhibit 1-Public Hearing Notice/Summary of Comments and Responses.................................7 Exhibit 2-HOME American Rescue Plan —Allocation Plan..............................................................10 11/2021 1 SUBSTANTIAL AMENDMENT TO THE City Council A - EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2019-2020 ANNUAL ACTION PLAN INTRODUCTION On March 11, 2021, President Biden signed the American Rescue Plan (ARP), into law, which provides over $1.9 trillion in relief to address the continued impact of the COVID-19 pandemic on the economy, public health, State and local governments, individuals, and businesses. To address the need for homelessness assistance and supportive services, Congress appropriated $5 billion in ARP funds to be administered through HOME to perform four activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. These activities include: (1) development and support of affordable housing, (2) tenant -based rental assistance (TBRA), (3) provision of supportive services; and (4) acquisition and development of non -congregate shelter units. The program described in this notice for the use of the $5 billion in ARP funds is the HOME -American Rescue Plan or "HOME -ARP." ARP defines qualifying individuals or families as those that are (1) homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 11302(a)) ("McKinney-Vento"); (2) at risk of homelessness, as defined in section 401 of McKinney-Vento; (3) fleeing, or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; (4) part of other populations where providing supportive services or assistance would prevent a family's homelessness or would serve those with the greatest risk of housing instability; or (5) veterans and families that include a veteran family member that meet the criteria in one of (1)-(4) above. The City of Santa Ana's federal Annual Action Plan details the funding strategy for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships programs each year. These Annual Action Plans implement our jurisdiction's Five -Year Consolidated Plan and are developed through significant public input, analyses, and planning. This document is a Substantial Amendment to the City of Santa Ana's Fiscal Year 2021-2022 Annual Action Plan, which was submitted to the U.S. Department of Housing and Urban Development (HUD) in May 2021. 11/2021 2 SUBSTANTIAL AMENDMENT TO THE City Council A - EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN Title 24 Section 91.505 of the Code of Federal Regulations stipulates that participating jurisdictions shall amend their approved plans whenever they make one of the following decisions: 1. To make a change in its allocation priorities or a change in the method of distribution of funds; 2. To carry out an activity, using funds from any program covered by the Consolidated Plan (including program income) not previously described in the action plan; or 3. To change the purpose, scope, location, or beneficiaries of an activity. In addition, U.S. Department of Housing and Urban Development, Community Planning and Development Notice CPD-21-10, instructs Participating Jurisdictions (PJ), that in order to receive its HOME -ARP funds, a PJ must engage in consultation, facilitate the public participation processes, develop a HOME -ARP allocation plan, Exhibit 2, that meets the requirements established in section V. of the Notice, and to submit it to HUD as a substantial amendment to its Fiscal Year 2021 annual action plan. CPD-21-10 stipulates that HUD will be using the waiver and alternative requirement authority provided by ARP to establish requirements for the HOME -ARP allocation plan. The HOME -ARP allocation plan must describe how the PJ intends to distribute HOME -ARP funds, including how it will use these funds to address the needs of HOME -ARP qualifying populations. A PJ's HOME - ARP allocation plan must include: • A summary of the consultation process and results of upfront consultation; • A summary of comments received through the public participation process and a summary of any comments or recommendations not accepted and the reasons why; • A description of HOME -ARP qualifying populations within the jurisdiction; • An assessment of unmet needs of each qualifying population; • An assessment of gaps in housing and shelter inventory, homeless assistance and services, and homelessness prevention service delivery system; • A summary of the planned use of HOME -ARP funds for eligible activities based on the unmet needs of the qualifying populations; • An estimate of the number of housing units for qualifying populations the PJ will produce or preserve with its HOME -ARP allocation; and • A description of any preferences for individuals and families in a particular qualifying population or a segment of a qualifying population. All the above required elements of the HOME -ARP allocation plan shall be part of the FY 2021 annual action plan for purposes of the HOME -ARP program. Consequently, PJs are not required to amend their consolidated plans. 11/2021 3 SUBSTANTIAL AMENDMENT TO THE bL City Council A -Vt EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN Substantial Amendment # 1 The Regulation further requires that jurisdictions identify in their citizen participation plans the criteria they will use for determining what constitutes a substantial amendment. Consistent with these requirements, the Citizen Participation Plan 2020-2021 through 2024- 2025, adopted by the City of Santa Ana on April 21, 2020 as a component of its 2020/21- 2024/25 Consolidated Five Year Plan, identifies criteria that will require a substantial amendment: • Addition of a new activity not previously identified in the Action Plan, without regard to funding source; • Cancellation of an existing activity identified in the Action Plan, without regard to funding source; • A change in the purpose, scope, location or beneficiaries of an activity; or • Changes in the use of CDBG funds from one eligible activity to another eligible activity meeting the following thresholds: Net Increase > 30% of the most recent <30% of the most recent grant - grant allocation allocation Net Decrease > 30% of the most recent <30% of the most recent grant - grant allocation allocation * (Amended amounts will not be cumulative, that is, each amendment will stand on its own for purposes of determining the 30 percent threshold.) The proposed HOME —ARP substantial amendment identified in the next section plans to undertake new activities not previously included in the Consolidated Plan or Annual Action Plan. Therefore, this qualifies as a substantial amendment. 11/2021 4 SUBSTANTIAL AMENDMENT TO THE City Council A - EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN SUBSTANTIALAMENDMENT The City of Santa Ana conducted significant consultation with citizens, elected officials, non- profit agencies, public housing authorities, private developers, governmental agencies, and the Orange County Continuum of Care in preparing the Program Year 2021 Annual Action Plan Substantial Amendment for the HOME -ARP Allocation Plan. This Substantial Amendment is being completed in accordance with CPD Notice 21-10 and in order to receive and allocate HOME -ARP funds in the amount of $6,183,914. The City of Santa Ana and the Housing Authority of the City of Santa Ana will be soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors by issuing a Request for Proposals (RFP) for the development of permanent supportive housing in the City using HOME -ARP Program funds. Proposed developments may be for the development and support of affordable housing, and the acquisition and development of non -congregate shelter units as the only two eligible activities. The RFP will include $5,256,326 in HOME -ARP program funds. The RFP will also include over $10 million in Inclusionary Housing Funds, $3 million in HOME Program funds, and twenty-five project -based vouchers to be used as additional local resources for the proposed project(s). • AP-15 Expected Resources Updated 2021-2022 Action Plan, Priority Table under CDBG Prior Year Resources: increase of $6,183,914 and updated the Narrative Description. • AP-20 Annual Goals and Objectives • AP-35 Projects Updated 2021-2022 Action Plan, add the following projects: Project Name • Permanent Supportive Housing • AP-38 Projects Summary Updated 2021-2022 Action Plan, Project Summary: include project summaries for projects listed above. 11/2021 5 SUBSTANTIAL AMENDMENT TO THE bL City Council A _Wt EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN CITIZEN PARTICIPATION In accordance with 24 CFR 91.105(c)(3) for local governments, the substantial amendment Public Notice for the use of HOME -ARP funds was released for citizen review and comments on November 22, 2021. During the 15-day public comment period from November 22, 2021 through December 6, 2021 the draft substantial amendment was made available during regular business hours between 8:00 a.m. and 5:00 p.m., Monday through Friday 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; the Santa Ana Public Library, 26 Civic Center Plaza, Santa Ana, California; and on the city's website. The City Council of the City of Santa Ana will hold a public hearing on December 7 2021, at 4:30 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Following the 15-day public comment period and public hearing, the City Council of Santa Ana will hear and vote on the Substantial Amendment to the 2021-2022 Action Plan. A copy of the public hearing notice and a summary of citizen comments received at the public hearing with responses to the citizen comments are presented in Exhibit 1. 11/2021 6 SUBSTANTIAL AMENDMENT TO THE bL City Council A -Vt EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN EXHIBIT 1 SUMMARY OF PUBLIC COMMENTS PROOF OF PUBLICATION 15-DAY COMMENT PERIOD AND PUBLIC HEARING SUMMARY OF PUBLIC COMMENTS SUMMARY OF PUBLIC COMMENTS RECEIVED DURING 15-DAY COMMENT PERIOD AND STAFF RESPONSE: The draft amendment was available from November 22, 2021 to December 6, 2021 for HUD's required 15-day public comment period. A public notice was published on November 22, 2021 in the Orange County Register in English, La Opinion in Spanish and the Ngoi Viet in Vietnamese to inform the public of the commencement of the 15-day public comment period and public hearing. XX comments were submitted for the Substantial Amendment. DECEMBER 7, 2021 CITY COUNCIL PUBLIC HEARING: At its Regular Meeting on December 7, 2021, the City Council recommended approval of the Substantial Amendment to the 2021-2022 Annual Action Plan by a vote of (0:0) PROOF OF PUBLICATION 15-DAY COMMENT PERIOD AND PUBLIC HEARING NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE OF SANTA ANA, CA ON THE PROPOSED SUBSTANTIAL AMENDMENT TO THE 2021-2022 ANNUAL ACTION PLAN AND COMMENCEMENT OF THE 15-DAY PUBLIC COMMENT PERIOD The City of Santa Ana encourages the public to participate in the decision -making process. The following notice is being provided so that you can ask questions, make comments and stay informed about projects that might be important to you. We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN that the Council of the City of Santa Ana will conduct a public hearing on December 7, 2021 at 5:45 p.m. at the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701 to receive comments on the Substantial Amendment to the City's 2021-2022 Annual Action Plan. On December 7, 2021, the City Council will take action to authorize submittal of the Substantial Amendment to the U.S. Department of Housing and Urban Development (HUD). The proposed amendment will allocate HOME -American Rescue Plan 11/2021 7 SUBSTANTIAL AMENDMENT TO THE City Council A - EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN funds in the amount of $6,183,914 with a Request for Proposals (RFP) for the development of affordable housing in the City. The draft Substantial Amendment will be available for public review during normal business hours from November 22, 2021 to December 6, 2021 in the following locations: Community Development Agency, 20 Civic Center Plaza, 61" Floor; Office of the Clerk of the Council, 20 Civic Center Plaza, Room 809; and the Main Public Library, 26 Civic Center Plaza, Santa Ana, California. The draft will also be available on the City's website at: http jwww.santa- ana.or��cda. Written comments to the draft Substantial Amendment may be filed with the Community Development Agency any time before 5:30 p.m. on December 6, 2021 at the locations mentioned above or by email at dflores@santa-ana.org. Persons interested in providing verbal comments to the draft Substantial Amendment are notified to appear at the public hearing on December 7, 2021 at 5:45 p.m. in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92701. Background on the Annual Action Plan: The Annual Action Plan establishes the activities to address the priority needs and Strategic Plan goals established in the City's 5-year Consolidated Plan. The priority needs established in the current Consolidated Plan are: 1) Expand the supply of affordable housing, 2) Preserve the supply of affordable housing, 3) Access to and supply of public services, 4) Increase access to and supply of homeless services and facilities, 5) Promote economic opportunity, and 6) Improve City public facilities and infrastructure. More information on the Consolidated Plan and the Annual Action Plan is available on the City's website at www.santa-ana.or/cd Meeting Time and Date — This matter will be heard on Tuesday, December 7, 2021 at 5:45 p.m. or thereafter in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92702. All persons interested in this matter are notified to appear at this time. Note: Resolution No. 2021- 066, which allows for teleconferencing pursuant to AB 361, is set to expire on December 2, 2021. Therefore, virtual participation for City Council meetings will no longer be available beginning December 3, 2021. How To Make Comments — If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference "City Council meeting") by 12:00 p.m. on Monday, the day before the meeting; e- mails received after said time will be on file for public viewing the day after the meeting. Who To Contact For Questions - Should you have any questions, please contact David Flores, Community Development Analyst, at (714) 647-6561 or by e-mail at dflores@santa-ana.org. 11/2021 8 SUBSTANTIAL AMENDMENT TO THE City Council A — EXHIBIT 2 SUBSTANTIAL AMENDMENT TO THE I Substantial Amendment # 1 FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN Where To Get More Information - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Friday before a Council meeting at: www.santa- ana.orgZcc/city-meetings Si tiene preguntas en espanol, favor de Ilamar al (714) 647-6561. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. 11/2021 9 SUBSTANTIAL AMENDMENT TO THE City Council A - Exhibit2 EXHIBIT 2 City of Santa Ana HOME -ARP Allocation Plan November 18, 2021 Introduction The City of Santa Ana conducted significant consultation with citizens, elected officials, non-profit agencies, public housing authorities, private developers, governmental agencies, and the Orange County Continuum of Care in preparing the Program Year 2021 Annual Action Plan Substantial Amendment for the HOME -ARP Allocation Plan. This Substantial Amendment is being completed in order to receive and allocate HOME -ARP funds. To address the need for homelessness assistance and supportive services, Congress appropriated $5 billion in American Rescue Plan Act (ARP) funds to be administered through the HOME Program to perform four activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations. These activities include: (1) development and support of affordable housing, (2) tenant -based rental assistance (TBRA), (3) provision of supportive services; and (4) acquisition and development of non -congregate shelter units. The City of Santa Ana has been allocated $6,183,914 in HOME -ARP funds. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). To enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies, the City of Santa Ana sought feedback from the Orange County Continuum of Care. Specifically, the Orange County Continuum of Care held a countywide consultation meeting in which they invited the CoC General Membership including public and assisted housing providers and private and governmental health, mental health and service agencies from across Orange County. The City of Santa Ana presented our HOME -ARP Allocation Plan at the meeting and received feedback and consultation from all attendees. The Housing Authority of the City of Santa Ana (CA093) was also consulted in the preparation of this Substantial Amendment. The Housing Authority provided data on the Housing Choice Voucher Program Waiting List, and future plans for allocating project - based vouchers for permanent supportive housing. In addition to the Housing Authority, the City invited private and governmental agencies, mental health, and service agencies associated with this Action Plan Substantial Amendment to the public hearing to provide input and feedback during the public participation process. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. City Council 36 — 73 12/7/2021 EXHIBIT 2 Orange County's Continuum of Care (CoC) is comprised of a large network of public, private, faith -based, for -profit, and non-profit service providers who utilize various federal, state and local resources to provide services and facilities for people experiencing homelessness. The region's cities and public housing authorities, including the City of Santa Ana, also participate in the CoC and provide funding for resources and services for people experiencing homelessness and those at -risk of becoming homeless. Non-profit homeless service providers play a critical role in the CoC and in addressing homeless needs within the City of Santa Ana. These organizations provide a range of services throughout the city ranging from job training to creating permanent supportive housing opportunities. The CoC guides the development of homeless strategies and the implementation of programs to end homelessness throughout the region. The City of Santa Ana serves on the Board of the Orange County Continuum of Care and serves as the Chair of the CoC's Housing Committee. In past years, the City also served as the Chair of the CoC Board. In drafting the City's HOME -ARP Allocation Plan, the City sought feedback and consultation from the Orange County Continuum of Care. Specifically, the Orange County Continuum of Care held a countywide consultation meeting in which they invited the CoC General Membership including public and assisted housing providers and private and governmental health, mental health and service agencies from across Orange County. The City of Santa Ana presented our HOME -ARP Allocation Plan at the meeting and received feedback and consultation from all attendees. The City also reviewed the CoC's current strategy and planning documents to ensure coordination in goals and objectives. The City will continue to proactively work with the CoC as well as its partners throughout the county to coordinate on the planning and implementation of the HOME -ARP Allocation Plan. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS. The Emergency Solutions Grants (ESG) Program provides funds to assist sheltered and unsheltered homeless individuals, as well as those at risk of homelessness to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness. Recipients of ESG Program funding in Orange County include the following entitlement jurisdictions: County of Orange, City of Anaheim, City of Irvine, City of Santa Ana and City of Garden Grove. Collectively, this group is referred to as the Orange County ESG Collaborative. To ensure that funds are leveraged to create maximum impact, the Orange County ESG Collaborative manages a combined Request for Proposals process, with aligned values and priorities, and makes funding recommendations collaboratively to achieve the Orange County Continuum of Care goal to end homelessness. City Council 36 — 74 12/7/2021 EXHIBIT 2 On November 7, 2019, three member cities of the Orange County ESG Collaborative released a combined ESG Request for Proposals (RFP) to support the Orange County Continuum of Care's goal to end homelessness. (The County of Orange and City of Irvine allocated their funding independent of the Collaborative for this funding cycle). The Collaborative accepted applications until December 10, 2019, with supplemental applications and requirements for both the City of Santa Ana and Anaheim. Applications were reviewed by City staff together with housing and community development commissioners from Santa Ana, Garden Grove and Anaheim. Applicants were interviewed by the review panel on February 5, 2020. Following this RFP process, staff recommended approval of the FY 2020-21 ESG program funding to seven organizations. The funding recommendations were based upon applications received, performance and current needs identified by staff. The RFP included a provision for up to four one-year renewals that could be exercised by each Collaborative member. Should the OC Collaborative determine to exercise these annual renewals past the end of FY 20-21, an RFP would not be released again. This means that current subrecipients awarded funding in FY 20-21 would be required to submit a new budget and program summary each year, but a new RFP would not be issued again for five years. Any new forms and information would be provided by the Collaborative each year. In addition, the Collaborative reserves the right to redistribute funding and/or issue a new RFP at its discretion. Each annual renewal for the City of Santa Ana will be recommended for approval by City Council. The Collaborative chose to exercise this renewal option for FY 2021-2022. While funding recommendations are made collaboratively, ESG funds are to be used to provide eligible activities within each jurisdiction in which they are funded. Subrecipients awarded funding in FY 2020-2021 and interested in FY 2021-2022 funding, were required to re -submit a budget and program summary for FY 2021-2022 ESG funding. On annual basis, the City provides funding for HMIS. As a member of the Orange County Continuum of Care Board, the City develops funding, policies and procedures for the operation and administration of HMIS for the CoC. The City is also on the Policies, Procedures, and Standards Committee which reviews any policies and procedures for the operation and administration of HMIS prior to consideration by the Board. In the development of the Consolidated Plan, the City of Santa Ana also consulted with numerous housing, social service, and homeless service providers whose work intersects with the goal of reducing and ending homelessness in Orange County and in Santa Ana. This consultation provided input on allocation methodologies and approaches for ESG programs. The City of Santa Ana regularly coordinates with the Orange County CoC to align performance standards, evaluate outcomes of current initiatives, coordinate program policies and procedures related to program design and HMIS administration. City Council 36 — 75 12/7/2021 EXHIBIT 2 Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities. In drafting the City's HOME -ARP Allocation Plan, the City sought feedback and consultation from the Orange County Continuum of Care. Specifically, the Orange County Continuum of Care held a countywide consultation meeting in which they invited the CoC General Membership including public and assisted housing providers and private and governmental health, mental health and service agencies from across Orange County. The City of Santa Ana presented our HOME -ARP Allocation Plan at the meeting and received feedback and consultation from all attendees. The CoC General Membership is attached to the City's HOME -ARP Allocation Plan as Exhibit A. This list - serve may also include other organization and partners affiliated with the CoC, but are not listed on the CoC General Membership. The City also invited private and governmental agencies, mental health, and service agencies associated with this Action Plan Substantial Amendment to the public hearing to participate in this process and provide input and feedback during the public participation process. The following table is a list of organizations that were consulted: Section of Agency/Group/ Contact Agency/Group/ Plan How Organization Information Organization Addressed Consulted Type by Consultation 200 Kalmus OC Department of Drive Costa Services- Non - Public Education Mesa CA Education Homeless Meeting g2626 Special Needs 714-966-4000 Homeless 4508 Atlantic Needs - Avenue STE Chronically City Net 292, Long Services- Homeless, Public Beach, CA Homeless Homeless Meeting 90807 Needs - 714-451-6198 Families with Children Homeless 888 W. Santa Services- Needs - Veteran Affairs Veteran Ana Boulevard Homeless Chronically Public CRRC STE 150 Santa Other Homeless Meeting Ana, CA 92701 government- Homelessness 714-568-9803 Federal Needs - Veterans City Council 36 — 76 12/7/2021 EXHIBIT 2 101 E. Orangethorpe Non - The Rock Church Avenue, Other: Religious Homeless Public Anaheim, CA Institution Special Needs Meeting 92801 714-526-8233 18012 Mitchell OC United Way S., Irvine, CA Regional All Public 92614 Organization Meeting 949-660-7600 Homeless 1295 E. Lincoln Needs - Avenue, Chronically Hope4Restoration Anaheim, CA Services- Homeless, Public 92805 Homeless Homeless Meeting 714-818-6891 Needs - Families with Children Homeless Needs - P.O. Box 1905, Chronically Mercy House Santa Ana, CA Services- Homeless, Public 92702 Homeless Homeless Meeting 714-836-7188 Needs - Families with Children Homeless Needs - P.O. Box 4252, Chronically Friendship Shelter Laguna Beach, Services- Homeless, Public CA 92652 Homeless Homeless Meeting 949-494-6928 Needs - Families with Children 200 South Anaheim Other City of Anaheim Boulevard, government- All Public Anaheim, CA Local Meeting 92805 714-765-4311 5540 Trabuco Road STE 100, Services -Victims Non- Public Human Options Irvine, CA of Domestic Homeless Meeting 92620 Violence Special Needs 949-737-5242 City Council 36 — 77 12/7/2021 EXHIBIT 2 661 First Street Families Together STE G, Tustin, Health Agency All Public of OC CA 92780 Meeting 800-597-7977 17701 Cowan Housing Need Jamboree Housing STE 200, Irvine, Services -Housing Assessment, Public CA 92614 Homelessness Meeting 949-263-8676 Strategy 405 W. 5th Health Care Street, Santa Services -Health All Public Agency Ana, CA 92701 Meeting 800-564-8448 Public Participation To encourage citizen participation in the development of the Substantial Amendment, the City provided residents with the opportunity to comment on the proposed HOME -ARP Allocation Plan during a public comment period of no less than 15 calendar days. The public comment period starts on November 22, 2021 and will end on December 6, 2021. On December 7, 2021, the Substantial Amendment will be brought to the City Council for a public hearing prior to submission. Describe any efforts to broaden public participation: A public notice advertising the availability of the Program Year 2021 Annual Action Plan Substantial Amendment for the HOME -ARP Allocation Plan and public hearing was published on November 22, 2021 in the Orange County Register in English, La Opinion in Spanish, and in the Nguoi Viet in Vietnamese. Summarize the comments and recommendations received through the public participation process: To be continued. Summarize any comments or recommendations not accepted and state the reasons why: All comments received during the public comment period and public hearing will be acknowledged. City Council 36 — 78 12/7/2021 EXHIBIT 2 Needs Assessment and Gap Analysis Describe the size and demographic composition of qualifying populations within the PJ's boundaries: Every two years, the Orange County CoC conducts a Point in Time count, to create a census of unsheltered and sheltered individuals experiencing homelessness. From 2017 to 2019, the number of homeless residents in Orange County rose from 4,792 to 6,860 individuals. The share of sheltered individuals in Orange County rose by nearly 700 individuals and the share of unsheltered individuals rose by over 1,300 individuals. According to the 2019 Point in Time count, there were 1,769 people experiencing homelessness in Santa Ana in January 2019. Of these 1,769 people, 830 people were experiencing unsheltered homelessness and 939 people were experiencing sheltered homelessness. The demographic composition of the 1,769 people includes: Unsheltered Sheltered Total Individuals 795 868 1,663 Families 35 71 106 Transitional Age Youth 33 33 66 Seniors 69 138 207 Veterans 40 43 83 The City of Santa Ana has the highest concentration of people experiencing homelessness in Orange County with 26% of the homeless population in Orange County in the City. Santa Ana is considered part of the Central Service Planning Area (SPA) that has a total of 3,332 homeless individuals, most of these people being unsheltered individuals. A growing segment of individual adults is an increasing share of elderly adults and adult households who are becoming homeless. Adult only households are most likely to be chronically homeless and are most likely to be unsheltered and have a higher duration of days of experiencing homelessness. Chronically homeless individuals continue to be a more challenging population to assist and provide services and support in identifying potential housing solutions. Through the deployment of Santa Ana's Quality of Life teams, the City has had more success in engaging these populations and supporting them to identify suitable long-term housing, but more is needed. The 2019 Point -in -Time Count is attached as Exhibit B. Describe the unmet housing and service needs of qualifying populations, including but not limited to: • Sheltered and unsheltered homeless populations; • Those currently housed populations at risk of homelessness; City Council 36 — 79 12/7/2021 EXHIBIT 2 • Other families requiring homelessness; and, • Those at greatest risk situations. services or housing assistance or to prevent of housing instability or in unstable housing According to the 2019 Point in Time count, there were 1,769 people experiencing homelessness in Santa Ana in January 2019. Of these 1,769 people, 830 people were experiencing unsheltered homelessness and 939 people were experiencing sheltered homelessness. In 2019, according to the 2015-2019 American Community Survey (ACS), there were 76,624 occupied housing units in Santa Ana; 46 percent (35,315) owner -occupied and 54 percent (41,309) renter occupied. Comparable to the ACS, the 2014-2018 CHAS data below shows 41,200 renter units in the City. In total there are 6,835 rental units (16 percent) that are affordable to renter households that make 50 percent of the area median income and an even smaller portion (6 percent) affordable to households that make 30 percent of the area median income. Households that make 30 percent or less of the area median income are at an even greater disadvantage when units that are affordable to them are also affordable to those in higher income brackets. In Santa Ana, 9,400 households make 30 percent or less of the area median income and have 1 or more severe housing problem; lack of kitchen or plumbing, more than 1 person per room, or cost burden greater than 50 percent. Rental units affordable to these households is insufficient and CHAS data shows a gap of almost 7,000 units are needed to support them Current Level of Gap Inventory Need Analysis Non -Homeless # of units # of # of Households Households Total Rental Units 41,200 Rental Units Affordable to HH at 30% 2,470 AMI Rental Units Affordable to HH at 50% 6,835 AMI 0%-30% AMI Renter HH w/1 or more 9,400 severe housing problems 30%-50% AMI Renter HH w/1 or more 7,685 severe housing problems Current Gap for HH below 30% AMI -6,930 Current Gap for HH below 50% AMI -850 Source: Comprehensive Housing Affordability Strategy (CHAS), 2014-2018. Identify and consider the current resources available to assist qualifying populations, including congregate and non -congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing: City Council 36 — 80 12/7/2021 EXHIBIT 2 According to the 2021 Orange County Housing Inventory County, the following resources are available to assist qualifying populations, including congregate and non - congregate shelter units, supportive services, TBRA, and affordable and permanent supportive rental housing- 2021 Orange County Housing Inventory Count - Emergency Shelter Beds Overflow Proj. Beds for Beds for Beds for year- and Type Project Name Target Po ge P Families Individuals Unaccom P Housing T g Type Round Seasonal Total Beds Minors Beds Beds y ES Yale Navigation Center ndividuals 0 425 Site -based -single site 425 11 425 ES ourtyard in OC ndividuals 0 238 Site -based -single site 238 12 250 ES afe Place ndividuals 0 30 0 Site -based -single site 30 C 3 ES he Link ndividuals, Family Household 40 160 Site -based -single site 200 C 200 ES anta Ana Armory ndividuals, COVID Response 0 0 0 Site -based -single site 0 72 7 Individuals, Family Households, ES FEMA-Santa Ana OVID Response 0 0 Site -based -single site 0 2 2 ES SVF EHA eterans, COVID Response 0 0 Tenant -based - scattered site 0 10 106 2021 Orange County Housing Inventory Count - Rapid Rehousing Beds Overflow Proj. Beds for Beds for Beds for year- and Type Project Name I Target Po ge P Families Individuals Unaccom P Housing T g Type Round Seasonal Total Beds Minors Beds Beds ® RRH Bridges at Kraemer Place -RRH ndividuals 0 15 C Tenant -based - scattered site 15 C 15 Steps to Independence- Rapid Re- RRH Housing ndividuals 0 4 Site -based -single site 4 RRH -A State ESG ndividuals, Family Household 18 8 0 Tenant-based-scatteredsite 26 2 RRH HEAP -RRP ndividuals, Family Household 3 4 0 Tenant -based - scattered site 7 RRH Release to Lease -RRH ndividuals, Family Household 28 18 0 Tenant -based - scattered site 46 4 eterans, Individuals, Family RRH SVF Rapid Re -Housing usehold 44 92 Tenant -based - scattered site 136 136 2021 Orange County Housing Inventory Count - Transitional Housing Beds Overflow Proj. Beds for Beds for Beds for year- and Type Project Name I Target Po ge P Families Individuals Unaccom P Housing T g Type Round Seasonal Total Beds Minors Beds Beds 27 7 7 Transitional Housing Program -Santa Site -based -clustered/multiple TH Ana Family Household 8 0 0 sites 8 0 8 TH Positive Steps House Individuals 0 5 0 Site -based -single site 5 0 5 TH Steps to Independence Individuals 0 19 0 Site -based -single site 19 0 19 Transitional Living for Homeless TH Youth Unaccompanied Minors 30 Site -based -single site 30 0 3 2021 Orange County Housing Inventory Count - Permanent Supportive Housing Beds Overflow Proj. Beds for Beds for Beds for year- and Type Project Name I Target Po ge P Families Individuals Unaccom p Minors Housin T g ype Round Beds Seasonal Total Beds ,,,,,,, Beds PSH [1H PSH Collaboration II [hronic.Ily Homeless, Individuals 0 1 Tenant -based -scattered site 1 1 PSH CH PSH Collaborative hronically Homeless, Individuals 0 1 0 Tenant -based -scattered site 1 C 1 PSH he Aqua hronically Homeless, Individuals 0 56 0 Site -based -single site 56 C 5 hronically Homeless, Individuals, PSH oC Leasing amilt' Household 9 13 0 Tenant -based -scattered site 22 C 22 hronically Homeless, Individuals, PSH MCY PSH Collaboration II mily Household 12 16 Tenant -based -scattered site 28 J hronically Homeless, Individuals, PSH MCY PSH Collaborative mily Household 12 106 Tenant -based -scattered site 118 Veterans, Individuals, Family PSH Heroes Landing Household 15 70 Site -based -sin le site 85 0 85 City Council 36 — 81 12/7/2021 EXHIBIT 2 2021 Orange Countv Housing Inventory Count - Other Permanent Housing Beds for year- Overflow Proj. Beds for Beds for and Type Project Name Target Po ge P Families Individuals Unaccom P Housing T g Type Round Seasonal Total Beds Minors Beds Beds 7 OPH AFH Housing for Health DC 11ndividuals 0 29 0 Tenant -based — scattered site 29 0 29 OPH MCY Housing for Health DC Individuals, Family Household 42 48 0 Tenant -based — scattered site 90 0 90 This list above of permanent supportive housing units is not exhaustive. The City also has the following permanent supportive housing units/projects- Depot at Santiago 10 units Santa Ana Arts Collective 15 units The following permanent supportive units/projects are in the pipeline - North Harbor Village 89 units FX Residences 16 units Legacy Square 33 units Crossroads at Washington 43 units Westview House 26 units In addition, the Housing Authority of the City of Santa Ana administers the following tenant -based vouchers for people experiencing homelessness - Mainstream Program Vouchers 231 HUD-VASH Vouchers 171 Foster Youth to Independence Vouchers 47 Emergency Housing Vouchers 89 The Housing Authority administers 2,754 Housing Choice Vouchers as of September 2021. The ESG-funded HEART outreach team, City Net and Illumination Foundation organizations provide outreach and engagement services in locations throughout the City. The County also runs an emergency cold -weather shelter in Santa Ana during the winter for approximately 200 individuals. Other support services, such as job and training assistance, food assistance, and counseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City works closely with the Continuum of Care who provides oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services are offered in all programs to help prevent individuals from falling back into homelessness. Non -homeless special needs populations require a variety of support services in order to remain stable and out of the homeless systems/cycle. Through 2-1-1 and other City Council 36 — 82 12/7/2021 EXHIBIT 2 service providers working in Santa Ana and across Orange County, the City of Santa Ana refers special needs populations to multiple providers to seek targeted assistance. Identify any gaps within the current shelter and housing inventory as well as the service delivery system: According to Orange County Continuum of Care HMIS Data, people experiencing homelessness spend an average of 140 days in emergency shelter before exiting. In addition, Housing is the Main Need in Orange County and in the Central SPA with over 11,000 individuals calling 2-1-1 OC for housing assistance or affordable housing. The At Risk/Homeless Housing Related Assistance Programs subcategory and Housing Expense Assistance are the two greatest needs for callers as well. The HMIS Data and 2-1-1 Call Center Information are attached as Exhibit C. The empirical evidence from the 2019 Point -in -Time Count, the Orange County Continuum of Care HMIS Data, and the 2-1-1 Call Center shows that there is a gap in permanent supportive housing for people experiencing homelessness in the City of Santa Ana. There is a gap in access for unsheltered people experiencing homelessness to emergency shelter beds, and there is a gap in access for sheltered people experiencing homelessness to permanent supportive housing exits from homelessness. This includes a gap in both tenant -based and project -based permanent supportive housing opportunities. Identify the characteristics of housing associated with instability and an increased risk of homelessness if the PJ will include such conditions in its definition of "other populations" as established in the HOME -ARP Notice: The PJ is not going to serve "Other Populations where providing supportive services or assistance under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or would serve those with the greatest risk of housing instability." Identify priority needs for qualifying populations: For people who are experiencing homelessness as defined in 24 CFR 91.5, the priority need is for permanent supportive housing. This priority need also applies to a specific category of qualifying individuals and families: chronically homeless as defined in 24 CFR 91.5. People experiencing homelessness and chronic homelessness are the only qualifying populations that the City of Santa Ana will serve by financing the development of permanent supportive housing. Explain how the level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined. The level of need and gaps in its shelter and housing inventory and service delivery systems based on the data presented in the plan were determined based upon a review and comparison of the empirical evidence in the 2019 Point -in -Time Count, the Orange City Council 36 — 83 12/7/2021 EXHIBIT 2 County Continuum of Care HMIS Data, and the 2-1-1 Call Center with the most effective strategy for ending the homelessness for a person experiencing homelessness. Permanent supportive housing is the most effective practice to end the homelessness for a person experiencing homelessness. The City has implemented this strategy and best practice in various permanent supportive housing projects. The Housing Authority has also implemented this best practice by providing tenant -based vouchers (HUD- VASH, Mainstream, FYI and EHVs) for people experiencing homelessness. Specifically, the nexus between the number of people experiencing unsheltered and sheltered homelessness in the City of Santa Ana, the amount of time people are spending in an emergency shelter before exiting, and the solution to provide permanent supportive housing was justified and determined based upon the evidence -based solution locally and nationally that permanent supportive housing ends homelessness. HOME -ARP Activities Describe the method for soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors and whether the PJ will administer eligible activities directly: The City of Santa Ana provides financial assistance to support the acquisition, rehabilitation, and new construction of properties to preserve and increase affordable housing opportunities for lower income households through the following Programs: • Low and Moderate Income Housing Asset Fund (Housing Successor Agency Fund) including land assets owned by the Housing Successor Agency • Inclusionary Housing Fund • HOME Investment Partnerships Program (HOME) • Community Development Block Grant Program (CDBG) and • Project -Based Voucher Program (PBV) These Programs are administered by the Housing Division of the City of Santa Ana (under the direct supervision of the Housing Division Manager, the direction of the Executive Director of Community Development, and the general supervision of the City Manager). The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) will be soliciting applications for funding and/or selecting developers, service providers, subrecipients and/or contractors by issuing a Request for Proposals (RFP) for the development of permanent supportive housing in the City using HOME -ARP Program funds. Proposed developments may be for the development and support of affordable housing, and the acquisition and development of non -congregate shelter units as the only two eligible activities. The RFP will include $5,256,326 in HOME -ARP City Council 36 — 84 12/7/2021 EXHIBIT 2 Program funds. The RFP will also include over $10 million in Inclusionary Housing Funds, $3 million in HOME Program funds, and twenty-five project -based vouchers to be used as additional local resources for the proposed project(s). The Request for Proposals will be announced through notices to the following parties: • Interested Developers and Nonprofit Organizations on the Housing Division's RFP Process Database. o Developers and Nonprofit Organizations interested in being added to the RFP Process Database can do so by contacting the City's Housing Division at any time. • Other affordable housing membership association resources (e.g. Southern California Association of Nonprofit Housing, Kennedy Commission, 2-1-1 OC) • Public Notice in the local newspaper �=911M17Tq .1 WI A Qualified Developer (an "Applicant") shall complete and submit to the Housing Division the Proposal for HOME -ARP funds and prepare all required attachments and exhibits, including, but not limited to, the project proforma, budget, sources and uses, project management plan, tenant selection and marketing plan, relocation plan (if applicable), signed purchase agreement and escrow instructions, preliminary title report, and limited partnership documents (if applicable). After the deadline for the RFP, the Housing Division staff shall review the proposal(s) to determine that the minimum program and RFP requirements are met (minimum threshold review) and the proposal(s) is eligible under CPD Notice 21-10. Proposals that do not meet the minimum threshold review will be considered non -responsive. If the proposal(s) meets the minimum threshold review, the Housing Division will form a Review Panel. The Review Panel for the RFP will consist of at least one employee from the City's Public Works Agency, Planning and Building Agency, and Community Development Agency and one outside agency or government -entity. If an employee is not available in one department, a second employee may be requested from one of the other two departments so long as there are at least two of the three City Agencies represented on the Review Panel. Using the scoring and selection criteria provided in the RFP, the Review Panel shall determine whether the proposal(s) is recommended for a pre -loan commitment, with or without conditions, of HOME -ARP Program funds. Including the scoring and selection criteria, the Review Panel shall review the design of the proposed project for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the design and construction for low maintenance and long term durability. Proposed projects must receive a minimum threshold score of 75 points to move forward with the proposal review process. If the Review Panel determines, in its discretion, that the proposal(s) may be recommended for approval, the Housing Division shall request a underwriting and subsidy layering review City Council 36 — 85 12/7/2021 EXHIBIT 2 by a real estate advisor selected by the City. The real estate advisor shall confirm the underwriting for the project, the financial gap, and other programmatic requirements related to the HOME -ARP funds and any other funding sources requested for the development of the project. Following the RFP, proposal review process, and underwriting and subsidy layering review, a pre -loan commitment letter may be drafted by the Housing Division, reviewed and approved by the Housing Division Manager, the City Attorney's Office, and the Executive Director of Community Development, before being recommended for approval by the City Council. The letter shall state the maximum amount of HOME -ARP Program funds and any other funding sources to be reserved for the project and list all of the additional conditions, documents and steps that must be taken by the developer prior to loan closing. After the pre -loan commitment letter has been drafted, staff will prepare a written staff report recommending a commitment of HOME -ARP funds and any other funding sources for a proposal(s) and explaining the reasons for the commitment. The recommendation will be made first by the Housing Division to the Community Development Commission to issue the commitment of program funds to the project in the form of an award of program funds. If recommended by the Commission to City Council, a recommendation will then be made by the Housing Division to the City Council and/or Housing Authority for final approval of the commitment of program funds by motion adopted by the affirmative votes of at least two-thirds (2/3) of the members. After issuance of a pre -loan commitment letter, the Housing Division will work with the developer to secure all of their remaining financing and ensure compliance with CDP Notice 21-10. If any portion of the PJ's HOME -ARP administrative funds were provided to a subrecipient or contractor prior to HUD's acceptance of the HOME -ARP allocation plan because the subrecipient or contractor is responsible for the administration of the PJ's entire HOME -ARP grant, identify the subrecipient or contractor and describe its role and responsibilities in administering all of the PJ's HOME -ARP program: NOT APPLICABLE PJs must indicate the amount of HOME -ARP funding that is planned for each eligible HOME -ARP activity type and demonstrate that any planned funding for nonprofit organization operating assistance, nonprofit capacity building, and administrative costs is within HOME -ARP limits. The following table may be used to meet this requirement. City Council 36 — 86 12/7/2021 EXHIBIT 2 Use of HOME -ARP Funding Funding Amount Acquisition and Development of Non - Congregate Shelters $5 256 327 Development of Affordable Rental Housing Administration and Planning $927,587 Total HOME -ARP Allocation $6,183,914 Additional Narrative: The City will not restrict the eligibility / availability of proposals that may be submitted to the City under the RFP that will be issued to solicit applications for funding and/or selecting developers, service providers, subrecipients and/or contractors for the use of HOME -ARP Program funds. The City cannot anticipate if proposals will be submitted for eligible projects under the Acquisition and Development of Non -Congregate Shelters or for the Development of Affordable Rental Housing category because the solicitation is going to be available for either type of project. The City also does not want to limit the possibility of proposals for either eligible activity. Therefore, HOME -ARP funds may be allocated to either Acquisition and Development of Non -Congregate Shelters or for the Development of Affordable Rental Housing based on proposals that the City receives in response to the RFP solicitation process. After the City has selected a proposal(s), the City will know how much specific funding will be allocated in either category. Describe how the characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund eligible activities: The characteristics of the shelter and housing inventory, service delivery system, and the needs identified in the gap analysis provided a rationale for the plan to fund these two eligible activities because: 1) the empirical evidence from the 2019 Point -in -Time Count, the Orange County Continuum of Care HMIS Data, and the 2-1-1 Call Center shows that there is a gap in permanent supportive housing for people experiencing homelessness in the City of Santa Ana; 2) permanent supportive housing is the most effective practice to end the homelessness for a person experiencing homelessness; and 3) there is a nexus between the number of people experiencing unsheltered and sheltered homelessness in the City of Santa Ana, the amount of time people are spending in an emergency shelter before exiting, and the solution to provide permanent supportive housing. The eligible activities to provide permanent supportive housing addresses the gaps in the shelter and housing inventory and service delivery system in the city because permanent supportive housing will end the homelessness for a person experiencing homelessness in the City. This also aligns with the Orange County Continuum of Care's Leadership Vision to: "Permanently House those Experiencing Homelessness". City Council 36 — 87 12/7/2021 EXHIBIT 2 HOME -ARP Production Housing Goals Estimate the number of affordable rental housing units for qualifying populations that the PJ will produce or support with its HOME -ARP allocation: The estimated number of permanent supportive housing units for people experiencing homelessness that the City will produce or support (finance) with its HOME -ARP allocation is thirty-four (34) units. This was calculated by dividing $5,256,327 by the average amount of City and Housing Authority funds provided per affordable unit over the last ten years, equal to $153,045. Describe the specific affordable rental housing production goal that the PJ hopes to achieve and describe how it will address the PJ's priority needs: The specific affordable rental housing production goal that the City of Santa Ana hopes to achieve is to produce or support (finance) the development of at least thirty-four (34) permanent supportive housing units. This will address the City's priority needs to provide a housing opportunity with wrap -around supportive services to people experiencing unsheltered and sheltered homelessness in the City of Santa Ana referred to the City by the Orange County Coordinated Entry System. This will also address the City's need to reduce the amount of time people experiencing sheltered homelessness are spending in an emergency shelter before exiting to a housing solution. Preferences Identify whether the PJ intends to give preference to one or more qualifying populations or a subpopulation within one or more qualifying populations for any eligible activity or project: • Preferences cannot violate any applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a). • PJs are not required to describe specific projects to which the preferences will apply. The City of Santa Ana will give a preference to chronically homeless individuals. Chronically homeless means: (1) A "homeless individual with a disability," as defined in section 401(9) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who: (i) Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and (ii) Has been homeless and living as described in paragraph (1)(i) of this definition continuously for at least 12 months or on at least 4 separate occasions in the last 3 years, as long as the combined occasions equal at least 12 City Council 36 — 88 12/7/2021 EXHIBIT 2 months and each break in homelessness separating the occasions included at least 7 consecutive nights of not living as described in paragraph (1)(i). Stays in institutional care facilities for fewer than 90 days will not constitute as a break in homelessness, but rather such stays are included in the 12-month total, as long as the individual was living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility; (2) An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph (1) of this definition, before entering that facility; or (3) A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) or (2) of this definition, including a family whose composition has fluctuated while the head of household has been homeless. The City will also have a local residency preference for chronically homeless individuals with strong ties to the City of Santa Ana. If a preference was identified, explain how the use of a preference or method of prioritization will address the unmet need or gap in benefits and services received by individuals and families in the qualifying population or category of qualifying population, consistent with the PJ's needs assessment and gap analysis: The use of a preference for chronically homeless individuals will prioritize the people experiencing homelessness in the City by those individuals who most need access to permanent supportive housing. Chronically homeless individuals have the most barriers to accessing and maintaining residency in permanent housing. Therefore, this preference will ensure that these individuals are prioritized for the permanent supportive housing units first. The local residency preference will also ensure that the City is serving chronically homeless individuals in the jurisdiction of the City instead of people from outside the City of Santa Ana. If a preference was identified, describe how the PJ will use HOME -ARP funds to address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the preference: The City of Santa Ana will address the unmet needs or gaps in benefits and services of the other qualifying populations that are not included in the preference by serving people experiencing homelessness after all of the referrals for chronically homeless individuals has been exhausted. The City will address the housing needs for people experiencing homelessness by approving them for residency after serving all of the chronically homeless individuals with a local residency preference referred by the Orange County Continuum of Care Coordinated Entry System. The unmet needs and gaps in benefits and services of other qualifying populations (At risk of Homelessness; Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, City Council 36 — 89 12/7/2021 EXHIBIT 2 Stalking, or Human Trafficking; or Other Populations where providing supportive services or assistance under section 212(a) of NAHA (42 U.S.C. 12742(a)) would prevent the family's homelessness or would serve those with the greatest risk of housing instability) will not be served by the City's use of HOME -ARP funds until the City has achieved functional zero for chronically homeless and homeless individuals in the City. The City will have achieved functional zero for chronically homeless individuals when the number of people experiencing chronic homelessness is zero, or if not zero, than either 3 or .1 % of the total number of individuals reported in the most recent point -in -time count, whichever is greater. 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O W -0 (o qp C N N Q >- N 3 L�= 0 '+- U Y C C -0N i E N N (n O C _N Q 4- Q� L N 3 3 O — 0 O 4- CL N Q 2 2 O c N CO WO E CL O C� O C� O � L 2 J O 2 u C co C co C N a 3 O p S 1O , a N N 0 N u 2 (j dA dA dA (o W _N cV a C N � C O W N N co co co L O (0 0 3 N O O > c c L 3 (o 3 > -0 r N bA C L L L 3 N-0 N O L L L (o (o (o N O LT 4V -C Q 0 0 0 0 0 CL -0 a U a a a N N N N N N Q (n H N F— � X W / 2 : / § 5 § / e > G u 7 ƒ CU ƒ e e E 9 2 \ u } f / 2 \ / n cu § / 2 e> u u e t o n ° Onn ± '5 3 2 _ _ § � ƒ E « ƒ / k Q / } / / $ > / \ 2 E � 2 ° / cu J b b \ u 0 e / / t $ b CU / / % a / \ : \ / \ 2 m < n < > t \ o \ 7 \ } \ / ° ® 0 = n m 7 m / \ / ƒ / \ J/ 2 / @ e e 3 m 2 3 > a- m 5 3 4� 7 = G u k k e / e u \ on \ 2 u \ \ \ b ue/ t\_u °o/ u \\/ƒ E -<< cu 'E y y }\ \ \ ' E § § u / > E e e � 2 o b t c ° m c u ® _ _ E = m a > u > \ \ \ / > � O C14 Tl- (D CY) m GJ ca C GJ L cn C Q N (B N �.% CU, w G - L — m cu 'a GJ Q E m -c M O Y p N � �' = -C U .N U f0 .� cu N C: L •L N N Y C Q Q m J d d = = -i N N -I r-I N CL D LO m O co W, 0 CITY UNSHELTERED SHELTERED TOTAL Anaheim 694 508 1,202 Brea 30 0 30 Buena Park 142 145 287 Cypress 39 0 39 Fullerton 308 165 473 La Habra 45 0 45 La Palma 9 0 9 Los Alamitos 1 21 22 Orange 193 148 341 Placentia 55 108 163 Stanton 71 45 M Villa Park 0 0 0 Yorba Linda 1 0 1 County Unincorporated 8 0 8 Domestic Violence Programs NORTHAREA N/A 29 29 CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 197 6 193 Fountain Valley 28 14 42 Garden Grove 163 62 225 Huntington Beach 289 60 349 Newport Beach 64 0 64 Santa Ana 830 939 1,769 Seal Beach 8 0 8 Tustin 95 264 359 Westminster 159 25 184 County Unincorporated 4 31 35 Domestic Violence Programs CENTRALAREA N/A 104 104 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 1 0 1 Dana Point 32 0 32 Irvine 127 3 130 Laguna Beach 71 76 147 Laguna Hills 24 0 24 Laguna Niguel 7 3 10 Laguna Woods 5 0 5 Lake Forest 76 36 112 Mission Viejo 22 9 31 Rancho Santa Margarita 15 0 15 San Clemente 96 49 145 San Juan Capistrano 62 0 62 County Unincorporated 0 0 0 Do 49 Page 10 CITY UNSHELTERED SHELTERED TOTAL Anaheim 625 429 1,054 Brea 30 0 30 Buena Park 117 70 187 Cypress 35 0 35 Fullerton 289 88 377 La Habra 38 0 38 La Palma 6 0 6 Los Alamitos 1 3 4 Orange 163 19 182 Placentia 53 7 60 Stanton 67 1 68 Villa Park 0 0 0 Yorba Linda 1 0 1 County Unincorporated 2 0 2 Unknown Location/Domestic Violence Programs NORTHAREA N/A 4 4 0,; CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 178 3 181 Fountain Valley 28 0 28 Garden Grove 149 13 162 Huntington Beach 271 5 276 Newport Beach 62 0 62 Santa Ana 795 868 1,663 Seal Beach 8 0 8 Tustin 71 81 152 Westminster 143 21 164 County Unincorporated 4 31 35 Unknown Location/Domestic Violence Programs CENTRALAREA 0 0• 1 1 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 1 0 1 Dana Point 30 0 30 Irvine 72 0 72 Laguna Beach 71 76 147 Laguna Hills 22 0 22 Laguna Niguel 4 0 4 Laguna Woods 5 0 5 Lake Forest 59 0 59 Mission Viejo 18 0 18 Rancho Santa Margarita 9 0 9 San Clemente 78 8 86 San Juan Capistrano 57 0 57 County Unincorporated 0 0 0 Unknown Loc SOUTHAREA 6 516 •• Page 11 CITY UNSHELTERED SHELTERED TOTAL Anaheim 69 79 148 Brea 0 0 0 Buena Park 25 75 100 Cypress 4 0 4 Fullerton 18 77 95 La Habra 7 0 7 La Palma 3 0 3 Los Alamitos 0 12 12 Orange 29 129 158 Placentia 2 101 103 Stanton 4 44 43 Villa Park 0 0 0 Yorba Linda 0 0 0 County Unincorporated 6 0 6 Unknown Location/Domestic Violence Programs NORTHAREA 0 25 , 25 CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 9 3 12 Fountain Valley 0 14 14 Garden Grove 14 49 63 Huntington Beach 18 50 68 Newport Beach 2 0 2 Santa Ana 35 71 106 Seal Beach 0 0 0 Tustin 24 183 207 Westminster 16 4 20 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs CENTRALAREA 0 103 , 103 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 0 0 0 Dana Point 2 0 2 Irvine 55 3 58 Laguna Beach 0 0 0 Laguna Hills 2 0 2 Laguna Niguel 3 3 6 Laguna Woods 0 0 0 Lake Forest 17 36 53 Mission Viejo 4 9 13 Rancho Santa Margarita 6 0 6 San Clemente 18 41 59 San Juan Capistrano 4 0 4 County Unincorporated 0 0 0 Unknown Loc SOUTH SELMACE PLANNING AREA 43 4. Page 12 CITY UNSHELTERED SHELTERED TOTAL Anaheim 24 17 41 Brea 2 0 2 Buena Park 7 1 8 Cypress 0 0 0 Fullerton 10 4 14 La Habra 1 0 1 La Palma 0 0 0 Los Alamitos 0 1 1 Orange 5 14 19 Placentia 5 2 7 Stanton 3 2 5 Villa Park 0 0 0 Yorba Linda 0 0 0 County Unincorporated 1 0 1 Unknown Location/Domestic Violence Programs NORTHAREA 1 2 3 CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 4 1 5 Fountain Valley 1 1 2 Garden Grove 4 4 8 Huntington Beach 12 2 14 Newport Beach 0 0 0 Santa Ana 33 33 66 Seal Beach 0 0 0 Tu sti n 1 13 14 Westminster 6 10 16 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs CENTRALAREA 2 2 4 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 0 0 0 Dana Point 2 0 2 Irvine 7 0 7 Laguna Beach 2 2 4 Laguna Hills 1 0 1 Laguna Niguel 0 0 0 Laguna Woods 0 0 0 Lake Forest 4 0 4 Mission Viejo 3 0 3 Rancho Santa Margarita 2 0 2 San Clemente 9 0 9 San Juan Capistrano 5 0 5 County Unincorporated 0 0 0 Unknown Loc SOUTH SERVICE PLANNING AREA 7 44 36 8 Page 13 CITY UNSHELTERED SHELTERED TOTAL Anaheim 39 60 99 Brea 8 0 8 Buena Park 9 8 17 Cypress 4 0 4 Fullerton 31 13 44 La Habra 1 0 1 La Palma 1 0 1 Los Alamitos 0 0 0 Orange 28 1 29 Placentia 3 0 3 Stanton 2 0 2 Villa Park 0 0 0 Yorba Linda 0 0 0 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs NORTHAREA 4 1 5 CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 23 0 23 Fountain Valley 2 0 2 Garden Grove 15 0 15 Huntington Beach 23 1 24 Newport Beach 9 0 9 Santa Ana 69 138 207 Seal Beach 1 0 1 Tu sti n 13 1 14 Westminster 14 7 21 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs CENTRALAREA 5 0 , 5 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 0 0 0 Dana Point 1 0 1 Irvine 15 0 15 Laguna Beach 13 23 36 Laguna Hills 8 0 8 Laguna Niguel 1 0 1 Laguna Woods 2 0 2 Lake Forest 4 0 4 Mission Viejo 1 0 1 Rancho Santa Margarita 0 0 0 San Clemente 4 1 5 San Juan Capistrano 2 0 2 County Unincorporated 0 0 0 Unknown Loc 3 Page 14 CITY UNSHELTERED SHELTERED TOTAL Anaheim 33 25 58 Brea 3 0 3 Buena Park 5 2 7 Cypress 0 0 0 Fullerton 15 4 19 La Habra 2 0 2 La Palma 1 0 1 Los Alamitos 0 0 0 Orange 14 2 16 Placentia 4 1 5 Stanton 1 0 1 Villa Park 0 0 0 Yorba Linda 0 0 0 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs NORTHAREA 0 1 1 CITY UNSHELTERED SHELTERED TOTAL Costa Mesa 20 0 20 Fountain Valley 0 0 0 Garden Grove 7 0 7 Huntington Beach 16 1 17 Newport Beach 4 0 4 Santa Ana 40 43 83 Seal Beach 0 0 0 Tustin 5 16 21 Westminster 9 1 10 County Unincorporated 0 0 0 Unknown Location/Domestic Violence Programs CENTRALAREA 0 0 0 CITY UNSHELTERED SHELTERED TOTAL Aliso Viejo 1 0 1 Dana Point 5 0 5 Irvine 6 0 6 Laguna Beach 6 3 9 Laguna Hills 2 0 2 Laguna Niguel 0 0 0 Laguna Woods 0 0 0 Lake Forest 4 0 4 Mission Viejo 2 0 2 Rancho Santa Margarita 0 0 0 San Clemente 6 0 6 San Juan Capistrano 1 0 1 County Unincorporated 0 0 0 Unknown Loc 0 Page 15 N _ O X c6 :.I::: w r=V jy C4 �ry V) � W L31 I) V 0 PY1 n QJ ::S 0 N C> L C Q No V rn 6 i (6 CY.'.. • tU r I' eR `a I r are I > I' Cs �5 J �i V III � III III Ltr. 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C a) > U a - C N z (6 O� c m o V W N U C 04 O C14i i O O;,J N t6 : L . > U N > N .0 u 00 V Y o� �� o� E M Q ._ N o m o O E .° Z ' 0 > E ve m m � -o E � ax sz u 0 0 0 m. o, o 0 0 0 -o sz o o z 0 Planning and Building Agency www.santa-ana.org/pb Item # 37 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update AGENDA TITLE: Public Hearing - Final Recirculated Program Environmental Impact Report No. 2020-03 and General Plan Amendment No. 2020-06 for Santa Ana General Plan Update RECOMMENDED ACTION Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program. 2. Adopt a resolution approving General Plan Amendment No. 2020-06. 3. Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. This action requires a minimum of five affirmative votes. PLANNING COMMISSION ACTION & BACKGROUND At its regular meeting on November 8, 2021, and after receiving public testimony on the item, the Planning Commission voted 5-2 to recommend that the City Council certify the Final Recirculated Program Environmental Impact Report No. 2020-03, including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program; approve General Plan Amendment No. 2020-06; and approve findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. City Council 37 — 1 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 2 DISCUSSION At the direction of the Mayor and City Council in late 2015, the Planning Division began efforts to complete a comprehensive update to the City's General Plan. The General Plan is a state mandated document that includes goals, policies, implementation measures and maps that will guide Santa Ana's physical growth for the next 25 years. The State of California requires every city to prepare and adopt "a comprehensive, long-term general plan for the physical development of the city, and any land outside its boundaries which is in the planning agency's judgement bears relation to its planning." The role of the General Plan is often referred to as the "Constitution of the City" as it serves as the guiding document by which all land use related decisions must be derived. The City's current General Plan (with the exception of the Housing Element) was last comprehensively adopted in 1982 and is now 39 years old. The General Plan establishes a community vision and strategies to guide growth, change and community preservation within the City, providing goals and policies to enhance, preserve and protect the unique qualities that the Santa Ana community values. The General Plan is the single -most important tool used to guide communities achieve their vision. As the General Plan is a policy document, it differs from the Zoning Code in that the Zoning Code is a regulatory implementation document which will identify specific development standards (setbacks, parking, open space etc.) for each parcel in the City. Upon adoption of the General Plan, staff will begin the process to complete a comprehensive update to the Zoning Code to implement the land use policies of the General Plan and to ensure consistency between the General Plan and Zoning Code. The comprehensive update to the General Plan document, known as "Golden City Beyond — A Shared Vision for Santa Ana," is comprised of two separate documents: • The General Plan (comprised of three Sections and 12 Elements) • Final Recirculated Program Environmental Impact Report At the Planning Commission public hearing on November 9, 2020, concern was voiced regarding the City's need to address existing and future need for park and recreation resources, environmental health concerns, and broadening the community outreach to environmental justice (EJ) communities. Through the 2021 EJ community outreach described below, and collaboration with community serving organizations, neighborhood leaders, and interests parties; a number of Draft General Plan (August 2021) policies and programs were modified. These modifications, minor corrections to text and maps, and refinement to better align general plan land use density/ intensity with existing zoning were provided at the November 8, 2021 Planning Commission public hearing, and incorporated into the December 2021 Draft General Plan. Exhibit 4 provides additional Clarifications to the General Plan to align general plan land use intensity with the existing zoning. City Council 37 — 2 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 3 Community Engagement The City's General Plan is a community -wide vision document that is intended to address and respond to community needs. As such, the comprehensive update to the General Plan required staff to advertise and educate community members about the process to as wide an audience as possible. Over the past six years, an extensive public outreach campaign was conducted to meaningfully engage the public and gather feedback and direction to create the vision for the future of Santa Ana and guide the update of the plan. These public outreach efforts included: • Over 60 community meetings and workshops • Individual community workshops within each of the five Focus Areas with over 300 residents, business leaders, and community stakeholders participating in the workshops. • Distribution of an online community survey with over 650 respondents to collect input on the content of the General Plan • Approximately 44,000 direct mailers sent to property owners and tenants in Focus Areas • Development of a multi lingual videos on the General Plan Update • A dedicated webpage (santa-ana.org/general-plan) with continuous updates on the General Plan update process and related documents as well as information about Environmental Justice. Also includes an online web learning tool with a narrated presentation to help educate and increase awareness on Environmental Justice issues. • Presentations at neighborhood Communication Linkages (Com-Link) meetings • Meetings with Environmental Justice groups and roundtables (Madison Park Neighborhood Association, Logan Neighborhood Association, Artesia-Pilar Neighborhood Association, Orange County Environmental Justice) • Attendance at approximately 100 CARES events (in neighborhoods and evening City Park events) from late -August through the end of October within Environmental Justice communities to discuss the General plan update with residents • Planning Commission study sessions, most recently on April 12th, August 9th, August 23rd and September 13th • City Council study sessions • One-on-one meetings with the Planning Commission and City Council General Plan Advisory Group Following direction from the City Council in 2015 to comprehensively update the General Plan, a 17-member General Plan Advisory Group (GPAG) was established to provide guidance to City staff and the consultant team early in the process. Building on the feedback City Council 37 — 3 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 4 from the prior community outreach, the GPAG was critical in developing goals and policies that would serve as the foundation of the General Plan elements. The GPAG was also tasked with functions such as formulating a community vision, identifying area -wide and community -wide land use planning issues, and prioritizing economic development activities. The GPAG was comprised of representatives from various commissions, residents, business owners, interest groups, youth and property owners to represent the community's interests. The GPAG held several meetings through 2016, providing direction to staff on key matters that are now embodied in the updated General Plan. Environmental Justice Focus As directed by Planning Commission public hearing on November 9, 2020, additional outreach was conducted to further provide Santa Ana's disadvantaged communities, or "environmental justice (EJ) communities", an opportunity to share their experiences and and issues regarding environmental health and quality of life. Thus, Planning staff facilitated a multi -faceted outreach campaign during January through May 2021. The campaign began with the gathering of a General Plan Outreach Roundtable, with representatives from community serving organizations, neighborhood associations, and local stakeholders providing ideas and feedback on tools and strategies that could be used to effectively engage as many community members as possible. This effort included a multilingual EJ Survey (electronic and hard copy), which was publicized on various social media platforms, neighborhood yard signs, and collaboration with community groups and neighborhood leaders. Ten virtual community forums were held due to COVID-19; each focusing in on listening to the lived experiences of residents, property owners, and community stakeholders within specific geographic areas in the city that are identified as "EJ communities." Trilingual (English, Spanish and Vietnamese) flyers encouraging participation in the 10 community forums and EJ survey were mailed to over 40,000 property owners and residents/occupant within Santa Ana's EJ communities. Finally, in August 2021 one in -person EJ forum was held to share the results of the EJ survey and proposed general plan policy and program refinements, as well as to host a panel discussion with local EJ "champions" such a Madison Park, OCEJ and the Orange County Water District. PROPOSED 2020-2045 GENERAL PLAN — SANTA ANA: GOLDEN CITY BEYOND Development of Core Values A variety of community issues and considerations were identified through the different community outreach activities. With this community input, and with the input of the GPAG, a Draft General Plan Policy Framework was created in December 2018. Included within the Framework was a set of Community "Core Values" that were created to collectively reflect the voice of the Santa Ana community and to express its environmental justice principals. These Core Values: Health, Equity, Sustainability, Culture and Education, serve as the City Council 37 — 4 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 5 foundation of the goals, policies and implementation items found throughout the General Plan Elements. Communitv Vision Statement Through a robust dialogue with the community, including residents, business and property owners, and other interested citizens, a long-term General Plan Vision Statement was crafted. This Vision Statement is not only the foundation for the updated General Plan, but also for all long-term decision making in the City. The Vision Statement memorializes the community's aspirations and describes the "Santa Ana — Golden City Beyond" as embracing the following principles: • Protect and enhance our cultural and community assets • Create a land use pattern that promotes healthy and active lifestyles • Ensure equitable outcomes and land use distributions • Create a sustainable and livable city • Promote lifelong education and prosperity Format and Content of the General Plan The proposed General Plan is a comprehensive update and reorganization of the current General Plan Document, with the exception of Housing Element. The Housing Element is on a State mandated eight -year cycle and is being updated independently of this effort to comply with State law. The State mandated elements (Land Use, Circulation, Open Space, Conservation, Noise, Safety and Housing) and optional elements are organized into three Sections: • Services and Infrastructure (Section 1) o Community Element o Mobility Element o Economic Prosperity Element o Public Services Element • Natural Environment (Section 11) o Conservation Element o Open Space Element o Noise Element o Safety Element • Built Environment (Section III) o Land Use Element o Historic Preservation Element o Housing Element (Undergoing standalone update process) o Urban Design Element City Council 37 — 5 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 6 Senate Bill 1000 was signed into law in 2016 requires cities to identify "environmental justice" or "disadvantaged communities" within their jurisdiction as part of the general plan process. This law has several purposes, including facilitating transparency and public engagement in local governments' planning and decision -making processes, and to identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities that prioritize improvements and programs to address the needs of disadvantaged communities. It also requires that cities promote equitable access to health - inducing benefits, such as healthy food options, housing, public facilities, and recreation. Given that the environmental justice issues touches all aspects and all elements of the General Plan, it was determined early in the process that the best fit for the City is to incorporate environmental justice policies woven into the fabric of the various Elements. To identify for the public and the reader, a unique identifying logo consisting of a colored the with the letters "Eq" in the center and "EX in the upper right corner has been incorporated into the various General Plan policies and implementation measures that address environmental justice concerns in the City. Additionally, the City prepared optional elements based on the input from the community to address special and unique community priorities. These elements include the Community, Economic Prosperity, Public Services, Historic Preservation, and Urban Design elements. Outlined below is an overview of the 11 Elements that are being updated, excluding the Housing Element as mentioned previously: Community Element. The Community Element is a new element of the Santa Ana General Plan. The element reinforces the city's values of recreation, culture, education, health and wellness, and cultivates opportunities for improved quality of life for all residents. The goals and policies of this element can be realized through partnerships with local agencies and organizations on facilities, activities and events throughout Santa Ana This Element functions in tandem with other elements of the General Plan, such as Open Space, which contains policies related to parks and recreation facilities. Several plans and programs implemented by the City and other agencies and organizations overlap with the goals and policies of this Element, such as the Community Arts and Culture Master Plan, which establishes goals and strategies on topics such as cultural equity, infrastructure for the arts, communitywide access, youth programming, and place making. There are 3 goals, 28 policies and 18 implementation items associated with this element. This element is not mandated by State law and is an optional element. Mobility Element. The Mobility Element, known as the Circulation Element in the current General Plan, is the City's blueprint for moving people, goods, and resources throughout the community. Moving beyond mere functionality, the City seeks to improve the quality of life in Santa Ana by providing more complete streets, offering ways to be more active, City Council 37 — 6 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 7 and conserving natural resources. In planning the City's transportation system for the 21st Century, the City is also making the community safer, more affordable, and more livable. Santa Ana envisions a balanced multimodal transportation system that supports community values. These values include a vibrant local economy, healthy neighborhoods, health and wellness, and an attractive environment. Context sensitive design solutions strengthen the livability, vitality and safety of our neighborhoods, districts, and corridors. There are 5 goals, 46 policies and 45 implementation items associated with this Element. This Element is one of the State mandated elements. Economic Prosperity Element. The Economic Prosperity Element, identified as the Economic Development in the existing General Plan, will ensure Santa Ana's local economy. The Element defines Santa Ana's role in the broader regional economy, expands, maintains, and enhances job opportunities, attracts and retains a balance of business types, provides sufficient revenue for public services, and contributes to the overall quality of life experienced by the City's residents. The goals and policies of this Element will inform and guide decisions across local government. The City intends that its allocation of resources, the operation of its agencies, and the application of its regulatory authority will grow and diversify the local economy. The City further intends that local economic growth and diversification will reduce poverty, increase overall prosperity, improve health and wellness outcomes, expand housing opportunities, and increase quality of life choices available to City residents. There are 4 goals, 39 policies and 31 implementation items associated with this Element. This Element is not a State mandated element. Public Services Element. The Public Services Element, identified as the Public Facilities Element in the current General Plan, provides Santa Ana's diverse population with quality services and infrastructure, including accessible public facilities and enhanced public safety. Anticipated growth will require the City to fulfill community needs and to ensure proper management of those needs. It is important that public facilities and services are equitably distributed and maintained at sustainable levels throughout the community. A wide range of City entities and external agencies work closely together to provide the full spectrum of services and facilities. There are 3 goals, 38 policies and 40 implementation items associated with this element. This Element is an optional General Plan Element. Conservation Element. The protection and management of Santa Ana's air, water, and energy resources are essential for a healthy, sustainable and equitable path forward. Additionally, the preservation of the remaining stretches of undisturbed plant and wildlife environment, such as in Santiago Park, is important to residents. City Council 37 — 7 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 8 The Conservation Element identifies the community's natural resources and illustrates the benefits for retention, enhancement, and development of these resources towards improving quality of life and the environment as a whole. This Element will guide the City in its efforts to prioritize sustainability and enhance the environment for current and future generations. The Core Values reinforce the City's commitment to enable all persons to enjoy equal access to healthy environments, healthy food, parks and recreational facilities, and civic engagement opportunities. However, the City recognizes that throughout Santa Ana's communities, some bear a disproportionate burden of pollution and associated health risks. As a result, this element also addresses environmental justice issues within disadvantaged communities, which aims to correct inequity by reducing pollution and increasing public investment in the communities most affected while ensuring their participation and input is considered in decision making -process. There are 4 goals, 39 policies and 39 implementation items associated with this element. This Element is a State mandated Element Open Space Element. Open space is a limited and valuable resource, providing multiple benefits to those living and working in Santa Ana. Open space provides a place of relaxation and reprieve from the urban environment. Open space also offers places to gather, celebrate, learn or exercise, whether alone, with friends or family, or with other members of the community. Open space is so important that its presence or absence can profoundly shape the physical, social, mental and economic health, and overall well- being of the community. The purpose of the Open Space Element is to identify and preserve open space areas that provide value to the community and enrich the quality of life. Such lands or waters provide value in the form of recreation, health, biodiversity, wildlife conservation and aesthetics. Additionally, open spaces are used for climate change, mitigation and adaption, flood risk reduction, managed natural resources production, agricultural production, and protection from hazardous conditions. The Open Space Element will guide the City in its efforts to plan for open space and public parklands in what is largely a built -out, urban environment. Through this element, opportunities for capturing additional open space and public parkland standards in the City is discussed. There are 3 goals, 36 policies and 32implementation items associated with this Element. This Element is a State mandated element. Noise Element. The purpose of the Noise Element is to appraise noise levels in the community, prepare noise contours to guide land use decisions, and establish measures that address current and future noise impacts. This Element works to ensure that the City limits the exposure of the community to excessive noise levels in noise -sensitive areas and at noise -sensitive times of day. This Element works in tandem with other Elements of the General Plan, such as the Mobility Element, which contains policies related to the mitigation of transportation related noise. City Council 37 — 8 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 9 There are 3 goals, 10 policies and 20 implementation items associated with this Element. This Element is one of the State mandated elements. Safety Element. The Safety Element combines the Public Safety and Seismic Safety elements of the existing General Plan into one document. Public health and safety and protection from the risks of natural and human -induced disasters, emergencies, and hazards are vital in establishing a safe and healthy environment for Santa Ana's residents, workers, and visitors. The purpose of the Safety Element is to eliminate and minimize risks associated with natural and human -generated hazards such as floods, earthquakes, and hazardous materials. By assessing and preparing for levels of risk, the City can endure the range of safety hazards and adapt to changes over time. This Element works in tandem with other elements of the General Plan, such as the Public Services Element, which contains goals and policies related to police, fire, and health services, as well as emergency planning and resiliency. There are 4 goals, 24 policies and 27 implementation items associated with this Element. This is a State mandated element. Historic Preservation Element. The Historic Preservation Element is a new element of the Santa Ana General Plan. Santa Ana was incorporated as a city in 1886 and designated the County seat in 1889. Historic preservation of the City's cultural and architectural heritage is an essential part of the City's economic vitality and identity. Residents take pride in the architectural heritage of the City, including its historical buildings and unique neighborhood character. Sites such as the Old Orange County Courthouse, Pacific Substation, Yost Theatre, and the Spurgeon Building reflect the City's rich cultural history and architectural diversity. The purpose of the Historic Preservation Element is to provide guidance in developing and implementing activities that ensure that identification, designation and protection of architectural, historical, cultural and archaeological resources are part of the City's planning, development and permitting processes. Through historic preservation policies and programs, Santa Ana's heritage and diversity will continue to be a source of community pride. There are 3 goals, 21 policies and 28 implementation items associated with this Element. This is an optional element of a General Plan. Land Use Element. The Land Use Element provides a long-range guide for the physical development of the City, reflecting the community's vision for a high quality of life. This Element guides the distribution, location, and size of new development, ensuring that residential neighborhoods are protected, and future growth is sustainable and minimizes potential conflicts. Through its focus on the pattern of land use, this element is also a tool to promote public health, reduce infrastructure costs, enhance local economies, and address long-term environmental issues such as air quality, climate change and water resources. City Council 37 — 9 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 10 The development, use and distribution of land are critical to achieving the City's vision and adhering to the Core Values. As stewards of the land, the City must plan for uses and development that creates a sustainable, healthy and livable City, ensures equitable outcomes and land use distributions, protects and enhances cultural and community assets, and provides opportunities for growth and prosperity. As in other cities, land is a finite and valuable resource. Its use dictates the City's economic and fiscal future. The Land Use Element preserves existing neighborhoods by directing new growth to major corridors and avoids land use changes in existing established neighborhoods. The five growth areas are identified as Focus Areas, and include: South Main Street, Grand /Seventeenth Street, West Santa Ana Boulevard (adjacent to the OC Streetcar line), 55 Freeway/Dyer Road, and South Bristol Street. The proposed Land Use Element will connect existing planning areas in the City (Transit Zoning Code, Harbor Boulevard Mixed -Use Corridor, Metro East Mixed Use Overlay Zone, etc.,) with the five proposed Focus Areas. Within these Focus Areas, the City anticipates the most potential for major development. A list of the parcels proposed for General Plan land use designation changes are included in Exhibit 7. There are 4 goals, 42 policies and 58 implementation items associated with this element. This is one of the State mandated elements. Urban Design Element. Urban design is the process of shaping the physical character and organization of the City and defining the relationship between people and their environment. It respects the history of a place, considers existing organizational patterns and the form and character of existing buildings, supports healthy outdoor spaces, and is mindful of the natural environment. These considerations unite to define a distinct visual quality and sense of place that reflects community values. The Urban Design Element establishes the long-range vision for the physical development, visual qualities, and sensory experience of the City. This Element, in coordination with other elements of the General Plan, orchestrates a safe, functional and aesthetically pleasing urban environment. Specifically, the Urban Design Element addresses the public realm, building form, and establishes programs and measures to improve the physical setting in which community life takes place while curtailing obsolete, dysfunctional, and chaotic development. There are 7 goals, 50 policies and 30 implementation items associated with this Element. This is an optional element of the General Plan. City Council 37 — 10 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 11 ENVIRONMENTAL IMPACT California Environmental Quality Act (CEQA) Draft Programs Environment Impact Report (August 2020) The comprehensive update to the General Plan required extensive environmental review. Pursuant to the California Environmental Quality Act (CEQA), and after completion of the Initial Study for the project, it was determined that CEQA required the preparation and certification of a Program Environmental Impact Report (PEIR) forthis project. The purpose of a PEIR is to identify and disclose the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the way those significant effects can be mitigated or avoided. To determine what potential effects would be caused by the project, the Draft PEIR analyzes issues related to: Aesthetics; Air Quality; Biological Resources; Cultural Resources; Energy; Geology and Soils; Greenhouse Gas Emissions; Hazard and Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Mineral Resources; Noise; Population and Housing; Public Services; Recreation; Transportation; Tribal Cultural Resources; and Utilities and Service Systems. The Draft PEIR also studies alternatives to the General Plan Update, as well as direct and indirect impacts resulting from construction and operation of the proposed project. The original Draft PEIR (August 2020) for the General Plan Update (GPU) was prepared and distributed for the required 45-day public review between August 3, 2020, and September 16, 2020. However, due to community request for additional time to review the document, the comment period was extended by an additional 20 days to October 6, 2020. At the public hearing on November 9, 2020, the Planning Commission voted to continue the consideration of the GPU and the certification of the Final PEIR (October 2020) to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. Recirculated Draft Program Environmental Impact Report (August 2021) In 2021, the City initiated an expanded outreach program focusing on environmental justice and specific community concerns raised in comments received. Pursuant to Draft PEIR comments, the Planning Commission public hearing, and the expanded community outreach program, the City made the decision to prepare a Recirculated Draft PEIR. The Recirculated document concluded that the recreation -related impacts of the proposed GPU would result in a significant impact and defined a new project alternative to reduce these impacts. It also further discussed and evaluated impacts related to environmental justice, including air quality, hazards, and recreation/open space. Consistent with CEQA Guidelines Section 15088.5, the Recirculated Draft PEIR does not need to include all the topical CEQA sections from the original Draft PEIR. Rather, the Recirculated Draft PEIR (August 2021) updates and supplements only the three topical City Council 37 — 11 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 12 environmental topics of Air Quality, Hazards, and Recreation. The Recirculated Draft PEIR also includes an updated/supplemented Project Alternatives chapter containing a new Reduced Park Demand Alternative to reduce the significant recreation impacts associated with the proposed GPU, as well as an additional mitigation measure and reference to General Plan policy and implementation action refinements. The Recirculated Draft PEIR incorporates the previous Draft PEIR by reference, as appropriate. In particular, the previous Draft PEIR document and its appendices are referenced for long and/or technical descriptions of the environmental setting that remain applicable to the updated GPU. Three project alternatives were analyzed within the Final PEIR (October 2020) document. These included a no project alternative, where the existing General Plan document would remain in effect (Alternative 1); a reduced intensity alternative with two focus areas (55 Freeway/Dyer Road and South Bristol Street) would be reduced to approximately 50 percent of the maximum densities allowed by their respective land use designation (Alternative 2); and build out of the site to be consistent with the Southern California's Association of Regional Government's (SCAG) RTP/SCS projections, which could result in an approximate 75 percent reduction in both the number of allowable units and commercial/industrial square footage (Alternative 3). The Recirculated Draft PEIR (August 2021) introduces a reduced park demand project (Alternative 4) that reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. New residential growth under this alternative would largely be in currently planned areas that are generally near a number of existing park facilities, with some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. As required, the Draft Recirculated PEIR (August 2021) was circulated for public review between August 6, 2021 and September 20, 2021, with the Notice of Availability (NOA) instructing reviewers to only submit comments on the three revised chapters included in the Recirculated Draft PEIR. The comments in the original Final PEIR adequately address comments received on portions of the Draft PEIR that have not been recirculated. During the review and comment period, staff held a public hearing to receive comments on the Draft Recirculated PEIR and a work-study session with the Planning Commission on September 13, 2021. The Draft PEIR (August 2020), Final PEIR (October 2020), and Final Recirculated PEIR including all report appendices, are posted on the City's website. https://www.santa- ana.org/general-plan The City has evaluated the comments received from persons and agencies for both the Draft PEIR (August 2020) and Recirculated Draft PEIR (August 2021), and completed City Council 37 — 12 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 13 detailed Response to Comments, revisions to the Draft documents including clarifications and/or corrections to typographical errors, and a Mitigation Monitoring and Reporting Program (MMRP). The MMRP contains mitigation measures to address impacts to air quality, cultural resources, geology and soils, greenhouse gas emissions, noise, tribal cultural resources, and recreation. The response to comments, MMRP and Final PEIR were published on November 2, 2021 for public review. The Draft PEIR (August 2020) and Draft Recirculated PEIR (August 2021) responses to comments document, revisions to the Draft PEIR, and the MMRP constitute the Final PEIR for the project. The Final Recirculated PEIR identifies six significant and unavoidable impacts associated with this project, which pertain to Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, Population and Housing, and Recreation. City of Santa Ana is within the South Coast Air Basin (Basin). Air quality in the Basin is already significantly impacted and even without any new projects, air quality issues are beyond mitigation. The impact to air quality as a result of General Plan implementation falls into two categories: Operational Emissions impacts which are project specific and cumulative; and Localized Criterial Pollutant and Toxic Air Contaminants JAC) Impacts which are related to increased density and proximity of residential land uses to transit and commercial centers. Cultural Resource impacts result from the proposed General Plan allowing development in areas that have historic resources identified by previous cultural resource surveys, with development in these areas potentially causing the disturbance of historic resources in the plan area. Greenhouse gas emissions (GHG) impacts are project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses. The threshold for GHG would exceed established ratios thresholds under Executive Order S-03-05. Noise impacts are also project specific and cumulative. They are attributed to ongoing operational impacts of potential future businesses, as well as the location of sensitive receptors in relationship to noise generating activities. Further, buildout of the General Plan update would expose residents to projects generating traffic noise. Population and housing impacts associated with the General Plan buildout related to the anticipated growth both in population and housing units would exceed the Orange County Council of Government projections by up to 38 percent, with no feasible mitigation measure to address the issue. Finally, Recreation impacts from the proposed General Plan may result in substantial physical deterioration of recreational resources and the need to construct or expand City's public parks and recreational facilities to address existing and future demand. City Council 37 — 13 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 14 CEQA allows lead agencies to approve projects despite having significant and unavoidable impacts by adopting a statement of overriding considerations. A statement of overriding considerations documents the reasons why an agency chose to approve a project despite its significant and unavoidable impacts based on range of balancing factors, including economic, legal, social, technological, or other benefits conveyed by project. City staff is recommending adoption of a statement of overriding consideration for the General Plan and its implementation actions. In this instance, the economic, social, and other benefits of the General Plan implementation collectively outweigh the significant and unavoidable impacts noted above. Such benefits include the implementation of policies and programs preserving and enhancing community character, increasing community sustainability, providing high -quality and diverse housing opportunities, increasing economic vitality via new and business creation, supporting technological advancements, and maintaining compliance with current law. The acceptance of the noted significant and unavoidable impacts does not mean the City will forego efforts to mitigate the impacts to extent feasible. In addition, future projects will be subject to the discretionary review procedures through which the City will consider project specific environmental impacts and/or subject to regulations to offset impacts. As these reviews occur, decision makers will be updated on the status of application mitigation measures when making decision on such projects. Public notices for the City Council public hearing were mailed to interested parties, as well as property owners and occupants/tenants in the five Land Use Focus Area and a 500-foot radius from the Focus Area boundaries. In addition, a newspaper posting was published in the Orange County Reporter on November 26, 2021. Airport Land Use Commission Review The proposed changes to the Land Use Element to adopt the South Bristol and the 55 Freeway/Dyer Road Focus Areas required the General Plan update to be presented to the Airport Land Use Commission (ALUC) for a determination of consistency with their Airport Environs Land Use Plan (AELUP). On October 15t", 2020 the ALUC determined that the General Plan update conflicts with the goals and objectives of the AELUP and voted 5.0 to find the General Plan update inconsistent with their plan. As a result, on October 16t", 2020, at a special City Council meeting, the Council directed staff to file a Notice of Intent to Overrule the ALUC's determination. The draft City Council resolution for overruling the ALUC's determination has been attached at Exhibit 8. Based on the analysis provided within this report, staff recommends that the City Council certifying Final Recirculated Program Environmental Impact Report No. 2020-03 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and City Council 37 — 14 12/7/2021 EIR No. 2020-03 and GPA No.2020-06 Santa Ana General Plan Update December 7, 2021 Page 15 adoption of a Mitigation Monitoring and Reporting Program; and adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission's determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan. FISCAL IMPACT There is no fiscal impact associated with approval of this action. EXHIBIT(S) 1. EIR Resolution, including Findings of Fact and Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program (MMRP) 2. General Plan Amendment Resolution 3. General Plan 2045 — Santa Ana Beyond Link (December 2021) 4. Clarifications to Draft General Plan 5. Final Recirculated Environmental Impact Report Link 6. Planning Commission staff report, exhibits, presentation, and written public comments of November 8, 2021 are incorporated herein by reference and can be viewed at the following link: Item - PrimeGov Portal 7. List of Parcel with General Plan Land Use Designation Changes 8. Orange County Airport Land Use Commission Override Resolution Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager City Council 37 — 15 12/7/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN UPDATE, (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE GENERAL PLAN UPDATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) APPROVING THE PROJECT WHEREAS, the City of Santa Ana seeks to approve the City of Santa Ana General Plan Update; and WHEREAS, the General Plan Update identified the following five focus areas for potential change and new growth: South Main Street, Grand Avenue/17th Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street; and WHEREAS, the total long-term potential growth within these focus areas is estimated at 17,575 new housing units, 2,263,130 non-residential building square footage, and 6,616 jobs; and WHEREAS, the General Plan Update ("project") requires, among other things: (1) adoption of the Santa Ana General Plan Update; (2) certification of a Final Recirculated Program Environmental Impact Report; (3) adoption of Findings of Fact and Statement of Overriding Considerations; (4) adoption of the Mitigation Monitoring and Reporting Program; and (5) adoption of any ordinances, guidelines, standards, programs, actions, or other mechanisms that implement the Santa Ana General Plan update; and WHEREAS, pursuant to Section 21067 of the Public Resources Code, and CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the project; and WHEREAS, in accordance with CEQA Guidelines Section 15063(a), the City as lead agency determined that a program EIR was required for the project, and therefore did not prepare an initial study; and WHEREAS, pursuant to CEQA Guidelines Section 15082, on February 26, 2020, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation —which was also published in the Orange Resolution No. 2021-XXX Page 1 of 7 City Council 37 — 16 12/7/2021 County Register, a newspaper of general circulation in the City of Santa Ana —stating that an environmental impact report would be prepared; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed scoping meeting on March 5, 2020, to solicit comments on the scope of the environmental review of the proposed project; and WHEREAS, a Draft Program Environmental Impact Report ("Draft PEIR") (State Clearinghouse No. 2020029087) was prepared for the proposed project addressing comments received in response to the Notice of Preparation and evaluating the proposed project's potentially significant environmental impacts; and WHEREAS, the Draft PEIR identified five significant and unavoidable impacts associated with the project that pertain to Air Quality, Cultural Resources, Greenhouse Gas Emissions, Noise, and Population and Housing; and WHEREAS, the Draft PEIR further determined that the proposed project would require mitigation related to air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, noise, and tribal cultural resources; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft PEIR was circulated for review and comment to the public, City Council, Planning Commission, local, regional and state agencies, and interested parties for a 45-day review period, from August 3, 2020, to September 16, 2020, a period that was extended thereafter to October 6, 2020; and WHEREAS, the City released the Final PEIR, which consists of the Draft PEIR, all technical appendices prepared in support of the Draft PEIR, all written comment letters received on the Draft PEIR, errata to the Draft PEIR and technical appendices; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Final PEIR and General Plan Update, at which the Planning Commission voted not to certify the Final PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities and in view of the COVID-19 pandemic; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR") was prepared as a supplemental analysis to the original Draft PEIR to reflect updates to the project and based on an intensive, extended Resolution No. 2021-XXX Page 2 of 7 City Council 37 — 17 12/7/2021 community outreach program conducted by the City between January and May 2021; and WHEREAS, the Recirculated Draft PEIR provided an update of the project description, and environmental setting and impact analyses for Air Quality, Hazards, and Recreation; incorporated a new alternative; and identified an additional significant unavoidable adverse environmental impact that pertains to Recreation; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Recirculated Draft PEIR was circulated for a 45-day public review period, from August 6, 2021, to September 20, 2021; and WHEREAS, during the public comment period, copies of the Recirculated Draft PEIR were available for review and inspection at City Hall, on the City's website, and at the Santa Ana Public Library; and WHEREAS, during the public comment period, Planning Commission work- study sessions were held on August 9, 2021 and August 23, 2021, and a public hearing held on September 13, 2021; and WHEREAS, during the public comment period, the City consulted with and received comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to CEQA Guidelines Section 15086; and WHEREAS, on November 2, 2021, the City released the Final Recirculated PEIR, attached hereto as Exhibit A, which consists of the Recirculated Draft PEIR, all technical appendices prepared in support thereof, all documents incorporated by reference (including the Final PEIR), all written comment letters received on the Recirculated Draft PEIR, written responses to all written comment letters and verbal comments received on the Recirculated Draft PEIR, revisions to the Recirculated Draft PEIR and technical appendices, and the Mitigation Monitoring and Reporting Program; and WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, at which hearing members of Resolution No. 2021-XXX Page 3 of 7 City Council 37 — 18 12/7/2021 the public were afforded an opportunity to comment and the project was fully considered; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final Recirculated PEIR; and WHEREAS, as contained herein, the City Council has endeavored in good faith to set forth the basis for its decision and recommendations on the project; and WHEREAS, all of the requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final Recirculated PEIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the project have been adequately evaluated; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the project, which are incorporated herein by this reference, and not based solely on the information provided in this Resolution; and WHEREAS, the City Council finds that the project's environmental impacts that are less than significant without implementation of project -specific mitigation measures, as identified in the Final Recirculated PEIR, are described in Section IV of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final Recirculated PEIR, would be considered less than significant, are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the project's impacts that, even with mitigation measures, would remain significant and unavoidable are described in Section V of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the City Council finds that the reasonable alternatives to the project are described in Section VI of the Findings of Fact, attached hereto as Exhibit B; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the project outweigh the unavoidable significant environmental effects is described in Section VII of the Findings of Fact, attached hereto as Exhibit B; and Resolution No. 2021-XXX Page 4 of 7 City Council 37 — 19 12/7/2021 WHEREAS, all the mitigation measures identified in the Final Recirculated PEIR and necessary to reduce the potentially significant impacts of the project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (MMRP), attached hereto as Exhibit C; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final Recirculated PEIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final Recirculated PEIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed project; and WHEREAS, no comments made in the public hearing conducted by the City Council and no additional information submitted to the City have produced substantial new information requiring recirculation of the Final Recirculated PEIR or additional environmental review of the project under Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final Recirculated PEIR, which it has reviewed and considered, and further finds that the Final Recirculated PEIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment and analysis of the City, acting as lead agency for the project. Section 3. The City Council declares that no evidence of new significant impacts or any new information of "substantial importance," as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final Draft Recirculated PEIR that would require recirculation of the PEIR. Resolution No. 2021-XXX Page 5 of 7 City Council 37 — 20 12/7/2021 Section 4. The City Council hereby: A. Certifies the Final Recirculated PEIR based on the entirety of the record of proceedings. B. Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit B, after balancing the significant and unavoidable air quality, cultural resources, greenhouse gas emissions, noise, recreation, and population and housing impacts of the proposed project against the benefits of the proposed project. C. Adopts the Mitigation Monitoring and Reporting Program attached hereto and incorporated herein as Exhibit C, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the Mitigation Monitoring and Reporting Program a condition of approval of the project; and finds that in the event of any inconsistencies between the mitigation measures set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. D. Approves the project, based upon the entire record before it, including the Final Recirculated PEIR, Findings of Fact and Statement of Overriding Considerations, and all written and oral evidence presented. E. Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council's final project approval. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:�� John M. Funk Sr. Assistant City Attorney Resolution No. 2021-XXX Page 6 of 7 City Council 37 — 21 12/7/2021 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX Page 7 of 7 City Council 37 — 22 12/7/2021 EXHIBIT A All materials for Exhibit A may be accessed at-,1httrp .... ...... 2 ............... . ..... an orq/ enerall ................... ............................................................................................ .. ...... q ........ ......... ... ..................................................... p �.2.[ /g 1.g.! ::::j2.0 v..ii r o n nD e n t.21 d o c u n.i. e n t s.. and are also on file and available at the City's Planning and Building Agency. City Council 37-23 12/7/2021 Exhibit B CEQA FINDINGS OF FACT FOR THE SANTA ANA GENERAL PLAN UPDATE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT City of Santa Ana STATE CLEARINGHOUSE NO. 2020029087 INTRODUCTION The California Environmental Quality Act ("CEQA") requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ("EIR") prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 24 72 v2ctoer 2021e ri ingonsiderations -1- (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta ll).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001 ["an alternative `may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record"'].) An alternative may also be rejected because it "would not `entirely fulfill' [a] project objective." (Citizens for Open Government v. City of Lodi (2012) 205 Cal.AppAth 296, 314-315.) "[F]easibility" under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta ll, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 25 72 v2ctoer 2021e ri ingonsiderations -2- (a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, independently reviewed, and considered the Draft Program Environmental Impact Report ("Draft PEIR"), the Final Program Environmental Impact Report ("Final PEIR), the Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR"), and the Final Recirculated Program Environmental Impact Report ("Final Recirculated PEIR") for the Santa Ana General Plan Update, SCH No. 2020029087 (collectively, the "PEIR"), as well as all other information in the record of proceedings on this matter, the following Findings of Facts ("Findings") are hereby adopted by the City of Santa Ana ("City") in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Santa Ana General Plan Update ("Proposed Project"). This action includes the certification of the following: ■ Santa Ana General Plan Update Program Environmental Impact Report, SCH No. 2020029087 A. DOCUMENT FORMAT These Findings have been organized into the following sections: 1) Section I provides an introduction. 2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 26 72 v2ctoer 2021e ri ingonsiderations -3- 3) Section III provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section IV sets forth findings regarding the environmental impacts that were determined to be —as a result of the Notice of Preparation (NOP) and consideration of comments received during the NOP comment period —either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project. 5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the PEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program ("MMRP") for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section V also includes findings regarding those significant or potentially significant environmental impacts identified in the PEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section VI sets forth findings regarding alternatives to the proposed project. 7) Section VI sets forth the statement of overriding considerations for the proposed project. 8) Section VIII sets forth the resolution regarding certification of the PEIR 9) Section IX sets for the resolution adopting a mitigation and monitoring plan for the proposed project. 10) Section X sets for the resolution regarding custodian of records for the proposed project. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The Draft PEI R for the proposed project ■ The Recirculated Draft PEIR Santa Ana General Plan Update CE oT ac an Of aemen 37 — 27 72 v2ctoer 2021e ri ingonsiderations -4- ■ The Final PEI R for the proposed project ■ The Final Recirculated PEIR for the proposed project including the Updated Draft PEIR (Volume II and III of the Final Recirculated PEIR) ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft PEIR, Recirculated Draft PEIR, Final PEIR and Final Recirculated PEIR ■ The Resolutions adopted by the City of Santa Ana in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Santa Ana, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Santa Ana Planning Division Counter. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Santa Ana Planning Division, 20 Civic Center Plaza, M-20, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 28 72 v2ctoer 2021e ri ingonsiderations -5- Santa Ana, CA 92701. The City's Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). Santa Ana General Plan Update CE oT ac an Of aemen 37 — 29 72 v2ctoer 2021e ri ingonsiderations -6- II. PROJECT SUMMARY A. PROJECT LOCATION Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of Newport Beach. Orange County is surrounded by the counties of Los Angeles, San Bernardino, Riverside, and San Diego and is one of six counties comprising the Southern California Region. Santa Ana is bordered by Orange and unincorporated areas of Orange County to the north, Tustin to the east, Irvine and Costa Mesa to the south, and Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel in its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. Regional access to the city is provided by the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) on the north, the Santa Ana Freeway (1-5) on the northeast, the Costa Mesa Freeway (SR-55) on the east, and the San Diego Freeway (I-405) on the south. B. PROJECT DESCRIPTION In March 2014, the City Council adopted the Santa Ana Strategic Plan. The Strategic Plan was the result of an extensive community outreach process and established specific goals, objectives, and strategies to guide the City's major efforts. One of the key strategies identified was to complete a comprehensive update of the existing General Plan. The General Plan Update (GPU) will provide long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045. The General Plan Update will identify areas of opportunity and provide options to enhance development potential in key areas of the city. It will also bring the city into compliance with recent State laws, reflect current conditions, and incorporate input from the general public, City staff, and other stakeholders. The proposed GPU is organized into three sections: I, Services and Infrastructure; II, Natural Environment; and III, Built Environment. The proposed GPU addresses the eight topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements of the general plan. The 12 proposed elements of the GPU will replace the 16 elements of the current General Plan. The GPU will incorporate the current 2014-2021 housing element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in early 2022 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed General Plan update are: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 30 72 v2ctoer 2021e ri ingonsiderations -7- Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The proposed GPU is comprehensive both in its geography and subject matter. It addresses the entire territory within the plan area's boundary and the full spectrum of issues associated with management of the plan area. The GPU also includes forecasts of long-term conditions and outlines development goals and policies; exhibits and diagrams; and the objectives, principles, standards, and plan proposals throughout its various elements. The GPU can be found online at https://www.santa-ana.org/general-plan. The General Plan Policy Framework can be accessed at https://www.santa-ana.org/sites/default/files/pb/general- plan/documents/General Plan PolicyFrameworkMaster. DRAFT.cmo2. pdf. Coordination and consistency are essential between the elements of the GPU, but in particular with the land use element. The circulation element, which identifies proposed improvements to the transportation system, may impact surrounding land uses and future development. The urban design element sets forth policies and programs to improve the city's design and urban form. The conservation element protects and maintains the city's natural, cultural, and other resources, with a focus on preserving aesthetics and the environmental quality of the city. Both the land use element and the circulation element are described in more depth below. Focus areas and specific plan/special zoning areas are also described. Updated Land Use Element The updated land use element will guide growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) within the plan area by designating land uses as shown in the proposed land use map. Figure 3-7 of the Updated Draft PEIR (Volume II of the Final Recirculated PEIR) shows the 13 proposed land use designations of the General Plan update, and Table 3-4 gives a general description of the land use designations that are added to the GPU and were not in the current General Plan. Land use designations define the type and nature of development that would be allowed in a given location of the plan area. The land use designations and patterns are intended to provide the basis for more detailed zoning designations and development intensities, requirements, and standards established in the City's development code. It is important to note that the updated land use element is a regulatory document that defines the framework for future growth and development in the plan area but does not directly result in Santa Ana General Plan Update CE Of o � acanaemen 37 — 31 72 v2ctoer 2021e ri ing onsiderations -8- development in and of itself. Before any project can be developed in the plan area, it must be analyzed for conformance with the General Plan Update, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits Uodated Circulation Element The circulation element update is integrally related to federal, state, and regional transportation programs as well as local plans and regulations. The City's role in transportation planning has become increasingly important because recent legislation in the areas of growth management, congestion management, and air quality require more active local coordination to meet regional objectives. Furthermore, the circulation element update is intended to guide future development of the city's transportation system in a manner consistent with the updated land use element. The Master Plan of Streets and Highways (MPSH) details proposed street classifications to reflect buildout of the city's roadway system. The street classifications include Freeway, Major Arterial, Primary Arterial, Secondary Arterial, Divided Collector Arterial, and Collector Arterial. As part of the implementation of complete streets principles,' a series of modifications to the city's roadway network has been identified and includes both the reclassification of roadways and assignment of new MPSH roadway classifications to selected existing streets. A number of proposed roadway reclassifications, adoptions, and removals from the MPSH are as follows: ■ Reclassified as Divided Collector Arterial: Santa Clara Avenue west of Tustin Avenue (currently Secondary Arterial) • Flower Street between Warner Avenue and 1 st Street (currently Secondary Arterial) • Chestnut Avenue between Standard Avenue and eastern city limit (currently Secondary/Primary Arterial) • Raitt Street between Segerstrom Avenue and Santa Ana Boulevard (currently Secondary Arterial) • Civic Center Drive between Fairview Street and Bristol Street (currently Secondary Arterial) • Penn Way between 1-5 on/off ramps and Washington Avenue (currently Secondary Arterial) • Santiago Street between 15th Street and 6th Street (currently Secondary Arterial) • Standard Avenue between 6th Street and Warner Avenue (currently Secondary Arterial) ' Complete streets are transportation facilities that are planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Santa Ana General Plan Update CE Of o � acanaemen 37 — 32 72 v2ctoer 2021e ri ing onsiderations -9- • Santa Ana Boulevard between French Street and Santiago Street (currently Primary Arterial) • Santa Ana Boulevard between Raitt Street and Flower Street (currently Major Arterial) • Cambridge Street between Fairhaven Avenue and SR-22 freeway (currently Local Arterial) • Hazard Avenue between Euclid Street and Harbor Boulevard (currently Secondary Arterial) • Halladay Avenue between Warner Avenue and Dyer Road (currently Secondary Arterial) • McFadden Avenue between Harbor Boulevard and Grand Avenue (currently Secondary Arterial) • Broadway between 1 st Street and 17th Street (currently Secondary Arterial) • 4th Street between French Street and Grand Avenue (currently Primary/Secondary Arterial) • Fairhaven Avenue from Grand Avenue to Tustin Avenue (currently Secondary Arterial) ■ Reclassified as Primary Arterial: Santa Ana Boulevard between Flower Street and Ross Street (currently a Major Arterial) 1 st Street between Bristol Street and Tustin Avenue (currently Major Arterial) ■ Reclassify as Collector Arterial: Civic Center Drive between French Street and Santiago Street (currently a Secondary Arterial) ■ Add the following to the MPSH as Divided Collector Arterial: Greenville Street between Segerstrom Avenue and Warner Avenue ■ Add the following to the MPSH as Collector Streets: Civic Center Drive between Spurgeon Street and Santiago Street (currently Local Street) Broadway from Anahurt Street to Main Street (currently Local Road) ■ Remove the following from the MPSH Memory Lane from the City Center Drive to SR-22 Wright Street from 14th Street to Fruit Street 4th Street from French Street to Ross Street Washington Avenue from Broadway to Main Street 10th street from Broadway to Main Street Columbine Avenue from Main Street to 55 FWY Halladay street from Dyer Road to Alton pkwy Santa Ana General Plan Update CE oT ac an Of aemen 37 — 33 72 v2ctoer 2021e ri ingonsiderations -10- The majority of the proposed reclassifications aim to reduce existing rights -of -way for vehicular traffic lanes to make room for bicycle and pedestrian improvements. Landmark streets are also identified within or adjacent to the Santa Ana Downtown Historic District, which is listed on the National Register of Historic Places. The circulation element update incorporates the proposed Santa Ana -Garden Grove Fixed Guideway project, which will introduce new transit service to the city. Santa Ana is working with Garden Grove and Orange County Transit Authority to build a fixed guideway system called the OC Streetcar. Expected to begin operations in 2021, the OC Streetcar will link the Santa Ana Regional Transportation Center to a new multimodal hub at Harbor Boulevard/Westminster Avenue in Garden Grove. OC Streetcar will serve historic downtown Santa Ana and Civic Center. Along its four -mile route, OC Streetcar will connect with 18 Orange County Transit Authority bus routes and increase transportation options along Santa Ana Boulevard, 4th Street, the Pacific Electric right-of-way, and Harbor Boulevard. Focus Areas 1. South Main Street Focus Area The South Main Street focus area introduces the opportunity for greater flexibility and a more dynamic mix of land uses and urban design along the properties fronting Main Street. The intent is to transition an auto -dominated corridor into a transit- and pedestrian -friendly corridor through infill development without disrupting the surrounding lower -density neighborhoods. The objectives of this focus area are: ■ Facilitate redevelopment and property improvements along Main Street. ■ Create a more active and dynamic streetscape. ■ Protect established residential neighborhoods. ■ Support transit, pedestrian, and nonmotorized travel. The majority of properties fronting Main Street will be designated Urban Neighborhood, allowing for future development to include commercial uses, low- and medium -density housing, or a combination of both in a vertically mixed -use format. South of Warner Avenue, the Industrial/Flex designation will offer new options for small-scale manufacturing, live -work, and retail opportunities. The balance of the focus area will remain designated for Low Density Residential or Institutional to reflect the existing development patterns and land uses. New buildings and spaces will be sensitive to the surrounding low -density neighborhoods while still emphasizing the creation of active and attractive urban spaces. 2. Grand Avenue / 17th Street Focus Area The Grand Avenue / 17th Street focus area will foster the development of an urban mixed -use corridor connecting into the city's downtown and transit core. The intent is to create opportunities Santa Ana General Plan Update CE oT ac an Of aemen 37 — 34 72 v2ctoer 2021e ri ingonsiderations -11- for a new mix of land uses and design to transition Grand Avenue from a series of auto -oriented shopping plazas to a series of dynamic urban spaces. The objectives of this focus area are: ■ Create mixed -use corridors and urban villages. ■ Promote infill development while respecting established neighborhoods. ■ Foster community spaces and neighborhood -serving amenities. ■ Develop opportunities for live -work, artist spaces, and small-scale manufacturing. ■ Maintain compatible nodes of commercial activity. The majority of land in this focus area is planned for Urban Neighborhood or District Center land use designations, which will allow a blend of residential and commercial uses to develop simultaneously, as market conditions allow. An intense mixed -use area is envisioned adjacent to the Santa Ana Regional Transportation Center, along the east side of Grand Avenue south of 1-5. This part of the focus area will support larger, more visually dynamic buildings and urban spaces that complement and benefit from the adjacent regional transit center. North of 1-5, the buildings and spaces will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. A mix of residential, retail, and office will be interspersed along the frontage of Grand Avenue, with a concentrated node of commercial and mixed -use residential uses at Grand Avenue and 17th Street. A small portion of the focus area is designated for Industrial/Flex and General Commercial to support small-scale manufacturing, live -work, and retail opportunities will be located along 17th Street near the Regional Transportation Center. 3. West Santa Ana Boulevard Focus Area The West Santa Ana Boulevard focus area connects the Harbor Mixed Use Transit Corridor Specific Plan area and Downtown Santa Ana, and the OC Streetcar Project improvements will create the physical transit link in 2022. The intent is to transition a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. The objectives of this focus area are: ■ Develop housing and mixed -use opportunities near streetcar stations. ■ Promote infill development while respecting established neighborhoods. ■ Buffer industrial land uses and residential neighborhoods. ■ Create opportunities for clean industrial/maker-type spaces. 4. 55 Freeway / Dyer Road Focus Area The 55 Freeway / Dyer Road focus area will transition from almost exclusively professional office to a range of commercial, industrial/flex, and mixed -use development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The objectives of this focus area are: ■ Provide housing opportunities at an urban level of intensity at the city's edge. Santa Ana General Plan Update CE i �� ac an a emen 37 — 35 12/7/ 0211 Of ve ri ing onsiderations -12- 2ctoer 2021 ■ Enhance opportunities for corporate offices. ■ Attract economic activity into the city from surrounding communities. ■ Protect industrial and office employment base. ■ Maintain hotel and commercial uses. The overall scale and experience of the focus area along the freeway and city boundary will reflect an urban intensity and design, with inspiring building forms and public spaces. At the southeastern edge, the District Center land use designation will facilitate large residential mixed -use developments in structures that incorporate high -density housing, hotels, and complementary expansions of commercial uses. Adjacent to the 55 freeway, the Industrial/Flex land use designation will promote large-scale office -industrial flex spaces, multilevel corporate offices, and research and development uses. The node surrounding the freeway interchange will remain as currently planned for General Commercial uses, with new improvements introducing development and spaces that complement the existing examples and elements. South Bristol Street Focus Area The South Bristol Street focus area represents Santa Ana's southern gateway and is a part of the South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto -oriented shopping plazas to walkable, bike - friendly, and transit -friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The objectives of this focus area are: ■ Capitalize on the success of the South Coast Metro area. ■ Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. ■ Provide for mixed -use opportunities while protecting adjacent, established, low -density neighborhoods. Between MacArthur Boulevard and Alton Avenue, the form and intensity will scale down but remain distinctly urban in nature. The redevelopment of the auto -oriented commercial plazas will result in the construction of landmark buildings and structures set in and around spaces accessible to future occupants and the general public. The corridor north of Alton Avenue is planned with the Urban Neighborhood land use designation, allowing for commercial and residential projects, frequently in a mixed -use format, to develop in accordance with market fluctuations. The buildings and spaces in this part of the focus area will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 36 72 v2ctoer 2021e ri ingonsiderations -13- Specific Plan/Special Zoning There are seven planning areas that represent specific plans and other special zoning areas that were previously adopted: Adaptive Reuse Project Incentive Area (2014), Bristol Street Corridor Specific Plan (1991/2018), Harbor Mixed Use Transit Corridor Specific Plan (2014), MainPlace Specific Plan (2019), Metro East Mixed -Use Overlay Zone (2007/2018), Midtown Specific Plan (1996), and Transit Zoning Code Specific Development (2010). The most recent adoption/amendment date for each document is noted in parentheses Adaptive Reuse Project Incentive Area The Adaptive Reuse Ordinance, Section 41-1651 of the Santa Ana Municipal Code, provides alternative building and fire standards for the conversion of eligible buildings, or portions thereof, from nonresidential uses to dwelling units, guest rooms or joint living, and work quarters. Eligible structures are buildings within the Adaptive Reuse project incentive area that were constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which have been determined to be a Historically Significant. The Project Incentive Area includes properties in the Midtown Specific Plan area; the Transit Zoning Code area; the Metro East Mixed -Use Overlay Zone; the North Main Street Corridor on both sides of Main Street, from 17th Street to the northernmost MainPlace Drive; and the East 1 st Street Corridor on both sides of 1 st Street from Grand Avenue to Elk Lane. Residential uses are allowed in the Project Incentive Area irrespective of the underlying zoning as part of an approved Adaptive Reuse Project. Harbor Mixed Use Transit Corridor Specific Plan The Harbor Mixed Use Transit Corridor Specific Plan covers the 2.5-mile segment of Harbor Boulevard on the west side of Santa Ana. The approximately 305-acre planning area includes parcels adjacent to Harbor Boulevard between Westminster Avenue and Lilac Avenue as well as parcels along Westminster Avenue, 1st Street, and 5th Street. The Harbor Mixed Use Transit Corridor Specific Plan creates the zoning necessary to take advantage of the regional and local transit investments made along and around Harbor Boulevard. The plan expands development options to include residential alongside or integrated into a mix of nonresidential uses. MainPlace Specific Plan The purpose of the MainPlace Specific Plan is to transform MainPlace mall into a family -oriented retail, entertainment, and dining destination. The plan creates a mixed -use urban village with a revitalized mall at its central core. The Specific Plan area is on the north edge of Santa Ana, between Main Street on the east and SR-22 and 1-5 to the north and west. The property is identified in the current General Plan land use element as District Center. The District Center designation includes the major activity areas of the city, designed to serve as anchors to the city's commercial corridors and to accommodate major development activity. No General Plan amendment is required for the specific plan, and the MainPlace Specific Plan is the zoning for the property and defines the allowable uses within its boundaries. Santa Ana General Plan Update CE i o� ac an Statement 37 — 37 12/7/ 0211 Of ve ri ing onsiderations -14- 2ctoer 2021 Metro East Mixed -Use Overlay Zone The Metro East Mixed Use (MEMU) Overlay Zone consists of an original MEMU Overlay Zone and an expansion component. The original MEMU Overlay Zone is largely developed with commercial and office uses and comprises approximately 200 acres immediately east of the 1-5 and immediately west of SR-55. It is bounded by 1-5 on the west and south, Tustin Avenue on the east, and East Sixth Street on the north. The MEMU expansion area added 33.52 acres or approximately 48 parcels to the original MEMU Overlay Zone area. The additional project area extends west primarily along First Street and is generally bounded by the 1-5 to the east, Grand Avenue to the west, East Chestnut Avenue to the south, and Fourth Street to the north. The overall objectives of the MEMU Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the city, and provide for a range of housing options identified in the 2014 housing element. Midtown Specific Plan The Midtown Specific Plan area is generally bounded by 17th Street to the north, Civic Center Drive to the south, North Ross Street to the west, and North Spurgeon Street to the east. The Midtown area is readily accessible from the Santa Ana Freeway (1-5). Midtown is envisioned as an integrated district of civic, business, cultural, and retail activity with a small residential component. Transit Zoning Code Specific Development The City adopted a Transit Zoning Code to provide zoning for the integration of new infill development into existing neighborhoods; to allow for the reuse of existing structures; to provide for a range of housing options, including affordable housing; and to provide a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure. The code encompasses an area in the central urban core of Santa Ana that comprises over 100 blocks and 450 acres. The area is west of 1-5 and bounded by First Street on the south, Flower Street on the west, Grand Avenue on the east, and Civic Center Drive on the north. General Plan Buildout Scenario In general, many areas currently designated for General Commercial and Professional Office will expand opportunities for residential development by a proposed change in General Plan land use designation to Urban Neighborhood or District Center. Industrial Flex will be introduced in each of the five focus areas and replace Industrial land use designations that currently exist to allow for cleaner industrial and commercial uses with live -work opportunities. Furthermore, state law allows a graduated density bonus for the inclusion of affordable housing units For an increasing amount of affordable units (by percentage), a project is allowed an increasing ability to exceed the permitted density (up to a cap of 35 percent). Recent updates to state housing law (Assembly Bill 1763, effective January 1, 2020), enables projects that are 100 Santa Ana General Plan Update CE oT ac an Of aemen 37 — 38 72 v2ctoer 2021e ri ingonsiderations -15- percent affordable (either 100 percent lower income or 80 percent lower and 20 percent limited moderate), to obtain a density bonus of 80 percent, or no limit if within one-half mile of a major transit stop. However, not every proposed project pursuant to the GPU would include affordable units, and not every project that includes affordable units would need a density bonus. Proposed projects pursuant to the GPU are not required to build at densities that exceed maximum limits; the law only requires that jurisdictions grant the density bonus if requested. The buildout methodology for the GPU was based on past development trends, current development trends, and a forecast market analysis. These trends accounted for any units approved (density bonus or otherwise), to determine the appropriate density and amount of development to assume. Additionally, the optimal density of affordable units is at or below the density levels assumed for forecasting buildout. Generally, projects beyond 50 to 70 units per acre require Type 1 construction (steel and concrete structure), which is much more expensive than Type V construction (wood structure). Accordingly, affordable projects are rarely greater than 70 units per acre except for very small parcels. The average densities used to calculate projected buildout at 2045 are 50 to 90 units per acre in the three most intense focus areas; 55 Freeway/Dyer Road, Grand Avenue/17th Street, and South Bristol Street focus areas. For the remaining two focus areas, a residential assumption at 30 units per acre was used over a broad area to account for development at or above the maximum density of 30 units per acre. The maximum is 20 units per acre for projects proposed exclusively residential in the South Main Focus Area. The maximum is 30 units per acre for a relatively small part of the West Santa Ana Boulevard Focus Area. The City's buildout projections are therefore considered to include and account for the application of density bonus provisions of state law to future projects. Furthermore, the potential for development in specific plan and special zoning areas is based on the forecast buildout at the time of the respective zoning document's adoption, minus the amount of new development built between the adoption date and 2019. Growth outside of the focus areas and special planning areas is expected to be incremental and limited. Some growth was projected for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. Some growth was also projected for the commercial and retail area south of the West Santa Ana Boulevard focus area. Finally, some additional residential development is expected on a small portion (5 percent) of single-family and multifamily lots through the construction of second units. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. C. DISCRETIONARY ACTIONS AND APPROVALS Project development requires the following discretionary actions and approvals from the City: ■ Adoption of the Santa Ana General Plan update ■ Certification of PEIR Santa Ana General Plan Update CE oT ac an Of aemen 37 — 39 72 v2ctoer 2021e ri ingonsiderations -16- ■ Adoption of Findings of Fact and Statement of Overriding Considerations ■ Adoption of the Mitigation Monitoring Program ■ Adoption of any ordinances, guidelines, programs, actions, or other mechanisms that implement the Santa Ana General Plan update D. STATEMENT OF PROJECT OBJECTIVES The updated General Plan is based on a vision statement and core values established as part of an extensive, multiyear community outreach effort. The City has identified the following core values to guide the General Plan Update (GPU): ■ Health. The people of Santa Ana value a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents. ■ Equity. Residents value taking all necessary steps to ensure equitable outcomes, expanding access to the tools and resources that residents need, and balancing competing interests in an open and democratic manner. ■ Sustainability. Santa Ana values land use decisions that benefit future generations, plans for the impacts of climate change, and incorporates sustainable design practices at all levels of the planning process. ■ Culture. The Santa Ana's community values efforts that celebrate our differences as a source of strength, preserve and build upon existing cultural resources, and nurture a citywide culture of empowered residents. ■ Education. Santa Ana values the creation of lifelong learners, the importance of opening up educational opportunities to all residents, and investing in educational programs that advance residents' economic well-being. These core values were used as the basis to define more specific project objectives to aid decision makers in their review of the GPU and associated environmental impacts. The objectives include: 1. Promote infill development while respecting and protecting established neighborhoods. 2. Optimize high density residential and mixed -use development that maximizes potential use of mass transit. 3. Provide locations for new housing development that maximizes affordable housing opportunities to achieve both City and regional housing goals. 4. Facilitate new development at intensities sufficient to generate community benefits and attract economic activity. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 40 72 v2ctoer 2021e ri ingonsiderations -17- 5. Provide housing and employment opportunities at an urban level of intensity at the City's edge. g. Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike -friendly, and transit -oriented. 7. Develop opportunities for live/work, artist spaces, and small-scale manufacturing. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 41 72 v2ctoer 2021e ri ingonsiderations -18- III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Santa Ana CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Santa Ana concluded that a PEIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from February 26, 2020, through March 27, 2020. The NOP was posted at the Orange County Clerk's Office on February 26, 2020. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a lead agency may proceed directly with preparation of a PEIR without preparation of an Initial Study if it is clear that a PEIR will be required (State CEQA Guidelines § 15060[d]). The City of Santa Ana made such a determination for this project and did not prepare an Initial Study. ■ Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the PEIR was held on March 5, 2020, at 6:00 p.m. at the Santa Ana Police Community Room at 60 Civic Center Plaza in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on February 26, 2020. ■ Preparation of a Draft PEIR by the City of Santa Ana, which was made available for a 45- day public review period (August 3, 2020, through September 16, 2020) and extended to October 6, 2020. The Notice of Availability (NOA) for the Draft PEI R was sent to all persons, agencies, and organizations on the list interested persons, sent to the State Clearinghouse in Sacramento for distribution to public agencies, and published in the August 3, 2020, Orange County Register. The NOAwas posted at the Orange County Clerk's Office on August 3, 2020. Copies of the Draft PEIR were made available for public review at the City of Santa Ana, Planning Division Counter at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft EIR was also available for review and download on City website: https://www.santa- ana.org/general-plan. ■ The Final PEIR contained comments on the Draft PEIR, responses to those comments, revisions to the Draft PEIR, if any, and appended documents. The Final PEIR was released for a 10-day agency review period prior to certification of the Final PEIR. ■ At its November 9, 2020, public hearing, the Planning Commission voted not to certify the Final PEIR and continue work on the GPU to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. ■ The City performed an intensive, extended community outreach program conducted between January and May 2021 as described in Section 2.4 of the Updated Draft PEIR (Volume II of the Recirculated Final PEIR). ■ Pursuant to Draft PEIR comments, the Planning Commission public hearing, and an expanded EJ community outreach program, the City made the decision to prepare a Santa Ana General Plan Update CE oT ac an Of aemen 37 — 42 72 v2ctoer 2021e ri ingonsiderations -19- Recirculated Draft PEIR to discuss and evaluate impacts related to environmental justice, to conclude that the recreation -related impacts of the proposed GPU would result in a significant impact, and to define a new project alternative to reduce recreational impacts. ■ The City recirculate the Draft PEIR chapters that had been revised and the NOA was released for a 45-day public review period from August 6, 2021 through September 20, 2021. The NOA directed reviewers to only submit comments on the revised Draft PEIR chapters included in the Recirculated Draft PEIR since the comments in the Final PEIR adequately addressed comments received on portions of the Draft PEIR that had not been recirculated. ■ One September 13th, the City conducted a Planning Commission Study Session to discuss the Recirculated Draft PEIR. Verbal comments from the public, received during the Study Session were addressed in the Final Recirculated PEIR. ■ After considering the PEIR and in conjunction with making these findings, the City of Santa Ana hereby finds that, pursuant to Section 15092 of the CEQA Guidelines, approval of the project will result in significant effects on the environment; however, the significant effects will be eliminated or substantially lessened where feasible, and the City has determined that remaining significant effects are acceptable under Section 15093. ■ The Mitigation Monitoring and Reporting Program is hereby adopted to ensure implementation of feasible mitigation measures identified in the PEIR. The City of Santa Ana finds that these mitigation measures are fully enforceable conditions on the project and shall be binding upon the City and affected parties. ■ The City of Santa Ana finds that the project is in the public interest and is necessary for the public health, safety, and welfare. ■ The City of Santa Ana hereby certifies the Final Recirculated PEIR in accordance with the requirements of CEQA. ■ Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be retained in the project files; b) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be provided to all CEQA "responsible" agencies. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 43 72 v2ctoer 2021e ri ingonsiderations -20- IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE SCOPING PROCESS Based on the public scoping process (including review of NOP responses and input at the public scoping meeting), in addition to analysis prepared for the Draft PEIR, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues (see Updated Draft PEIR, Chapter 8, Impacts Found Not to Be Significant). It was determined, therefore, that these potential environmental issues would be precluded from detailed discussion in the Draft PEIR. Based upon the environmental analysis presented in the Draft PEI R, and the comments received by the public on the Draft PEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Agriculture and Forestry Resources: The City does not have any significant agricultural resources. Additionally, Santa Ana has no land designated or zoned for agricultural use and does not have any land subject to a Williamson Act contract. Santa Ana does not have any land designated or zoned for forestland, timberland, or zoned Timberland Production. (b) Wildfire: According to CAL FIRE, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about 4.0 miles east along the western edge of Loma Ridge. The nearest FHSZ in an LRA is about 3.8 miles away at the southern tip of the Peters Canyon Regional Park. The city is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the city is on the wildland-urban interface. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft PEIR. B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE PEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. This determination, however, does assume compliance with existing regulations, as detailed in each respective topical section of Chapter 5 in the Updated Draft PEIR. (a) Aesthetics: Buildout under the GPU will be at a greater intensity/density in all five focus areas compared to existing conditions. While maximum height would generally be similar to existing buildings, the overall increase in allowed intensity and height across the focus areas would lead to a visually denser urban setting and alter Santa Ana's existing skyline. Buildout under the GPU would not have a substantial adverse effect on scenic vistas (such as the Santa Ana River and Santiago Creek) since these existing open space parcels would remain unchanged. Additionally, no state scenic highways, eligible or officially designated, traverse the city nor are located near the city. Therefore, the GPU would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic Santa Ana General Plan Update CE i oT ac an a emen 37 — 44 12/7/ 0211 Of ve ri ing onsiderations -21- 2 ctoer 2021 highways. The GPU would also create new sources of light or glare in the project area, but adverse impacts would be minimized with compliance to building codes. (b) Biological Resources: Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. (c) Cultural Resources: The likelihood that human remains may be discovered during clearing and grading activities is considered extremely low. In the unlikely event human remains are uncovered, impacts would be less than significant upon compliance with California and Safety Code Section 7050.5. (d) Energy: Implementation of proposed policies under the GPU, in conjunction with and complementary to regulatory requirements, will ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary. Additionally, the GPU would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (e) Geology and Soils: The plan area's location and underlying geology make it likely to experience seismic hazards, including strong seismic ground shaking, and secondary hazards, like liquefaction. No active surface faults are mapped and zoned under the AP Zoning Act in the plan area. Additionally, all structures that would be constructed in accordance with the GPU would be designed to meet or exceed current design standards as found in the latest CBC. Most of the plan area is within an area susceptible to liquefaction; however, all structures constructed under the GPU would be designed in accordance with current seismic design standards as found in the CBC. There are no substantial hazards with respect to slope stability, as the plan area is mostly flat. Unstable geologic unit or soils conditions, including soil erosion, could result from development of the GPU. Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP and a soil engineering evaluation, would reduce soil erosion impacts to a less than significant level. Implementation of the CBC design code, which has been adopted by the City and requires that structures be designed to mitigate expansive and compressible soils, would reduce impacts to a less than significant level. The probability of subsidence impacts is generally low in the majority of Santa Ana; however, the statutorily required sustainable groundwater management practices of the Orange County Water District would ensure that impacts would be less than significant. Future development in the plan area would require connection to the City's sewer system as the City of Santa Ana does not allow for the installation of septic tanks. (f) Greenhouse Gas Emissions: The GPU would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 45 72 v2ctoer 2021e ri ingonsiderations -22- (g) Hazards and Hazardous Materials: Construction and operations under the GPU would involve the transport, use, and/or disposal of hazardous materials; however, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction. Furthermore, strict adherence to all emergency response plan requirements set by the Orange County Fire Authority would be required throughout the duration of project construction. GPU buildout is expected to result in some increase in the number of hazardous waste generators; however, hazardous wastes would be stored, transported, and disposed of in conformance with existing regulations of the EPA, US Department of Transportation, CalRecycle, and other agencies. Use, storage, transport, and disposal of hazardous materials in conformance with regulations would reduce both the likelihood of an accidental release and the potential consequences in the event of an accidental release. The plan area includes 555 sites on a list of hazardous materials compiled pursuant to Government Code Section 65962.5 that could create a significant hazard to the public or the environment. Any development, redevelopment, or reuse on or next to any of these sites would require environmental site assessment by a qualified environmental professional to ensure that the project would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. Santa Ana is in the vicinity of an airport or within the jurisdiction of an airport land use plan. Projects approved under the proposed GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. The buildout of the GPU would not result in substantial changes to the circulation patterns or emergency access routes, and would not block or otherwise interfere with use of evacuation routes. Buildout would not interfere with operation of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. Santa Ana is not in a designated fire hazard zone, and implementation of the GPU will not expose structures and/or residences to wildland fire danger. (h) Hydrology and Water Quality: Projects pursuant to the GPU would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Development pursuant to the GPU would increase the demand on groundwater use but would not impede sustainable groundwater management of the basin. Development pursuant to the GPU would increase the amount of pervious surfaces in the plan area, but could substantially increase the rate or amount of surface runoff in some focus areas in a manner which would result in flooding off -site or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems. In flood hazard, tsunami, or seiche zones, development pursuant to the GPU would not risk release of pollutants due to project inundation or impede or redirect flood flows. Development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 46 72 v2ctoer 2021e ri ingonsiderations -23- pursuant to the GPU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (i) Land Use Planning: Implementation of the GPU would not divide an established community. Additionally, the GPU would be consistent with the Airport Environs Land Use Plan for the John Wayne Airport. Implementation of the GPU would be consistent with the goals of the Southern California Association of Governments' RTP/SCS. Implementation of the GPU would also be consistent with the OCTA Congestion Management Plan. (j) Mineral Resources: Project implementation would not result in the loss of availability of a known mineral resource. (k) Noise: The proximity of the plan area to an airport or airstrip would not result in exposure of future residents and/or workers to excessive airport -related noise. (1) Population and Housing: The proposed GPU would provide more housing opportunities than currently exist. Therefore, implementation of the GPU would not displace people and/or housing. (m) Public Services: The GPU would introduce new structures and allow for up to 22,361 new residents and workers in the OCFA and Santa Ana Police Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel, as well as increasing the service needs for the Main Library and the Newhope Library Learning Center. The GPU would also generate additional students who would impact the school enrollment capacities of the Santa Ana Unified School District, Garden Grove Unified School District, and Orange Unified School District. However, upon implementation of regulatory requirements and standard conditions of approval the project would not create significant impacts related to fire protection services, police protection, library services, or school services. (n) Transportation and Traffic: The GPU is consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Additionally, GPU implementation would result in a reduction of vehicle miles traveled per service population (VMT/SP) in comparison to existing City conditions, and would achieve a VMT/SP at least 15 percent lower than the countywide VMT/SP. Finally, circulation improvements associated with future development that would be accommodated by the GPU would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. (o) Utilities and Service Systems: Development pursuant to the GPU would require or result in the relocation or construction of new or expanded wastewater facilities. However, Orange County Sanitation District (OCSD) has a functioning and effective process in place to ensure the regional sewer infrastructure will support future developments under the Santa Ana GPU. Additionally, OCSD and OC Water District have adequate capacity to serve development pursuant to the GPU in addition to the providers existing commitments. Development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 47 72 v2ctoer 2021e ri ingonsiderations -24- pursuant to the GPU would require or result in the relocation or construction of new or expanded water facilities. However, the City would have adequate capacity for the proposed increases in water flows across the city under implementation of the GPU and would be able to serve the additional dwelling units and commercial square footage proposed. Furthermore, GPU policies encourage the maintenance and upgrade of water infrastructure through impact fees from new development, and the exploration of other funding sources. Water supply would be adequate to meet development pursuant to the GPU. Existing and/or proposed stormwater drainage facilities would be able to accommodate proposed development pursuant to the GPU. Existing and/or proposed solid waste facilities would be able to accommodate development pursuant to the GPU and comply with related solid waste regulations. Development pursuant to the GPU would require or result in the relocation or construction of new or expanded electric power and natural gas. However, the net increases in natural gas demands due to the GPU buildout are within the amounts that SoCalGas forecasts that it will supply to its customers, and buildout would not require SoCalGas to obtain increased natural gas supplies over its currently forecast supplies. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 48 72 v2ctoer 2021e ri ingonsiderations -25- V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the PEI R, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the City has determined —pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the PEIR, the impacts would be considered less than significant. 1. Air Quality Impact 5.2-6: Industrial land uses accommodated under the General Plan update could create other emissions, such as those leading to objectionable odors, that would adversely affect a substantial number of people. Industrial land uses associated with the GPU may generate potentially significant odor impacts for a substantial number of people. Impacts from potential odors generated from residential and other nonresidential land uses associated with the GPU are considered less than significant. Impacts associated with construction -generated odors are considered less than significant. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 49 72 v2ctoer 2021e ri ingonsiderations -26- The Industrial and Industrial Flex land uses are not anticipated to produce odors, and Mitigation Measure AQ-4 would ensure that odor impacts are minimized and facilities would comply with South Coast AQMD Rule 402. Therefore, Impact 5.2-6 would be less than significant. Mitigation Measures AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is determined that a development project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant and submitted to the City of Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 2. Biological Resources Impact 5.3-1: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The inventory of existing conditions determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has Santa Ana General Plan Update CE oT ac an Of aemen 37 — 50 72 v2ctoer 2021e ri ingonsiderations -27- sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Therefore, there is no current indication that future development in accordance with the GPU would have significant unavoidable biological impacts. However, the programmatic analysis prepared for this GPU was not at the detailed, site -specific analysis required for a specific development project. Site -specific analyses could reveal biological resources not identified in the Biological and Natural Resources Report. Therefore, there is a potential for biological impacts associated with implementation of the GPU. Therefore, implementation of the GPU could result in a potentially significant impact. The letter received from CDFW states that the Santa Ana River and its tributaries historically supported federally endangered southern California steelhead. CDFW's letter requests that the Draft PEI R include an analysis of any proposed major stream crossings in the context of fish passage, and states that the analysis should include, but not be limited to, steelhead presence or historic presence, existing conditions including habitat and barrier assessments, any known projects to remove barriers or restore habitat that would affect or be affected by this project, and cumulative impacts to steelhead populations and/or habitat resulting from this project. The GPU does not propose any major stream crossings. If any future development project entails improvements for stream crossings (e.g. Santa Ana River and Santiago Creek), project -level CEQA compliance would require a biological resources report that would address potential impacts to endangered species, including the California steelhead. Impact 5.3-1 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures BIO-1 For development or redevelopment projects that would disturb vegetated land or major stream and are subject to CEQA, a qualified biologist shall conduct an initial screening to determine whether a site -specific biological resource report is warranted. If needed, a qualified biologist shall conduct a field survey for the site and prepare a biological resource assessment for the project, including an assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 51 72 v2ctoer 2021e ri ingonsiderations -28- Impact 5.3-4: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The City of Santa Ana is largely urbanized, and migration corridors are generally limited to the Santa Ana River and the Santiago Creek. Development under the GPU would result in the further infill of the city and removal of vacant sites. The GPU would not change land use designations of parcels that encompass the Santa Ana River or the Santiago Creek. However, development under the GPU could further result in vegetation removal, intrusion by humans and pets, and increased noise and air pollutants, which could impact wildlife movement and nesting sites. Therefore, the buildout of the GPU could affect wildlife movement, nesting sites, and migratory birds protected under the Migratory Bird Treaty Act as well as state law. Impact 5.3-4 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures Refer to BIO-1 above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 3. Cultural Resources Impact 5.4-2: Development in accordance with the General Plan Update could impact archaeological resources. Development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. Typically, surface -level and subsurface archaeological sites and deposits can be affected by ground -disturbing activities associated with most types of construction. Based on literature review and records searches, eight archaeological resources have been recorded within the plan area, including four prehistoric sites, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While most of the plan area has been developed over the course of the twentieth century, buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. A review of historical and ethnographic maps indicates a moderate likelihood that intact subsurface archaeological resources would be encountered during redevelopment. Archaeological resources impacts are site specific, but more intensive development can result in cumulative impacts on a regional level and should be considered in addition to individual project Santa Ana General Plan Update CE oT ac an Of aemen 37 — 52 72 v2ctoer 2021e ri ingonsiderations -29- impacts on individual sites. As determined by the respective lead agency on a project by project basis, Phase I Cultural Resources studies would be required before ground disturbances and demolition activities are permitted to occur. The study would identify resources on the affected project sites that are, or appear to be, eligible for listing on the National or California Register. Such studies would also recommend mitigation measures to protect and preserve archaeological and tribal cultural resources. Mitigation Measures CUL-4 through CUL-7 were developed to reduce potential individual and cumulative impacts associated with future development and redevelopment. Mitigation Measure CUL-4 requires an archaeological resources assessment be conducted for future development projects to identify any known archaeological resources and sensitivity of the site. Mitigation Measures CUL-5 through CUL-7 detail the next steps required should the archaeological resources assessment identify known resources or determine the site to have high or moderate resource sensitivity. Upon compliance with Mitigation Measures CUL-4 through CUL-7, individual and cumulative impacts to archaeological resources would be reduced to less than significant levels. Mitigation Measures CUL-4 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist Santa Ana General Plan Update CE oT ac an Of aemen 37 — 53 72 v2ctoer 2021e ri ingonsiderations -30- and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground -disturbing construction and pre -construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures Santa Ana General Plan Update CE Of o � acanaemen 37 — 54 72 v2ctoer 2021e ri ing onsiderations -31- above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 4. Geology and Soils Impact 5.6-4: Future development that would be accommodated by the General Plan Update could impact known and unknown paleontological resources. Paleontological resources are recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. Adoption of the GPU in itself will not directly affect paleontological resources. Long-term implementation of the GPU land use plan could allow development (e.g., infill development, redevelopment, and revitalization/restoration), including grading, of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, future development that would be accommodated by the GPU could potentially unearth previously unrecorded resources. Review and protection of paleontological resources are also afforded by CEQA for individual development projects that would be accommodated by the GPU, subject to discretionary actions that are implemented in accordance with the land use plan of the GPU. Fossil localities have been found in the vicinity of the plan area, although not in the plan area itself. Mitigation Measures GEO-1 through GEO-3 prescribe requirements for monitoring based on the sensitivity of sites for paleontological resources. Under GEO-1, areas that range from high to low sensitivity are required to prepare a Paleontological Resources Monitoring and Mitigation Plan. With adherence to mitigation measures GEO-1 through GEO-3, Impact 5.6-4 would be less than significant. Mitigation Measures GEO-1 High Sensitivity. Projects involving ground disturbances in previously undisturbed areas mapped as having "high" paleontological sensitivity shall be monitored by a qualified paleontological monitor on a full-time basis. Monitoring shall include inspection of exposed sedimentary units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities. GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that Santa Ana General Plan Update CE oT ac an Of aemen 37 — 55 72 v2ctoer 2021e ri ingonsiderations -32- underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PER. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 5. Noise Impact 5.12-3: Buildout of the individual land uses and projects for implementation of the GPU may expose sensitive uses to excessive levels of groundborne vibration. Construction Vibration Impacts. Construction activity at projects within the plan area would generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures but can achieve the audible and perceptible ranges in buildings close to the construction site. Vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA criteria for architectural damage (e.g., 0.12 inches per second [in/sec] PPV for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). Construction details and equipment for future project -level developments under the GPU are not known at this time but may cause vibration impacts. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 56 72 v2ctoer 2021e ri ingonsiderations -33- With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Operational Vibration Impacts. Commercial and industrial operations within the plan area would generate varying degrees of ground vibration, depending on the operational procedures and equipment. Such equipment -generated vibrations would spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the vibration source varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. In addition, future sensitive receptors could be placed within close proximity to existing railroad lines through buildout in the plan area. Because specific project -level information is not available at this time, it is not possible to quantify future vibration levels at vibration -sensitive receptors that may be near existing and future vibration sources. With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Mitigation Measures N-2 Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed Santa Ana General Plan Update CE oT ac an Of aemen 37 — 57 72 v2ctoer 2021e ri ingonsiderations -34- this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within 200 feet of existing railroad lines shall be required to conduct a groundborne vibration and noise evaluation consistent with Federal Transit Administration (FTA)-approved methodologies. N-4 During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 6. Tribal Cultural Resources Impact 5.17-1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). The Sacred Land File search yielded positive results, indicating that known tribal resources exist within the plan area. Further, a CHRIS records search at SCCIC indicates that 23 archaeological resources were previously recorded within 0.5 mile of the plan area. Of these resources, eight archaeological resources were located within the plan area; these include four prehistoric sites with habitation debris and lithic scatters, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While the city is urbanized and most of the plan area has been developed, buried resources may remain in areas of minimal ground disturbance, such as parks, parking lots, and structures with shallow foundations. Tribal cultural resources are site specific in nature. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 58 72 v2ctoer 2021e ri ingonsiderations -35- Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.17-2: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code Section 5024.1(c). Future development as a result of the implementation of the GPU could include grading in portions of the City with sensitivity to tribal cultural resources. Grading and construction activities that require more intensive soil excavation than in the past could potentially cause disturbance to tribal cultural resources. Future development could potentially unearth previously unknown or unrecorded tribal cultural resources. Because the NAHC SLF search yielded positive results and the Gabrieleno Band of Mission Indians — Kizh Nation identified sensitive areas within the city, the buildout of the GPU may cause a substantial adverse change in the significance of tribal cultural resources. Earthwork activities may occur with buildout under the GPU that could impact previously undisturbed tribal cultural resources. Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 59 72 v2ctoer 2021e ri ingonsiderations -36- B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the GPU where mitigation measures were found to be either infeasible or would not lessen impacts to less than significant. The following impacts would remain significant and unavoidable. 1. Air Quality Impact 5.2-1: The additional population growth forecast for the General Plan Update and the associated emissions would not be consistent with the assumptions of the air quality management plan. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-45 of the Updated Draft PEIR. The GPU would be inconsistent with the South Coast Air Quality Management Plan (AQMP) because buildout under the GPU would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). Buildout of the GPU would exceed current population estimates for the city, and therefore the emissions associated with the additional population are not included in the current regional emissions inventory for the SoCAB. Additionally, air pollutant emissions associated with buildout of the GPU would cumulatively contribute to the nonattainment designations in the SoCAB. Therefore, overall, the GPU would be inconsistent with the AQMP. Incorporation of Mitigation Measure AQ-2 into future development projects for the operation phase would contribute to reduced criteria air pollutant emissions associated with buildout of the GPU. Additionally, goals and policies in the GPU would promote increased capacity for alternative transportation modes and implementation of transportation demand management strategies. However, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast AQMD thresholds. In addition, the population and employment assumptions of the AQMP would continue to be exceeded until the AQMP is revised and incorporates the projections of the GPU. Therefore, Impact 5.2-1 would remain significant and unavoidable. Mitigation Measure AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 60 72 v2ctoer 2021e ri ingonsiderations -37- projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that require refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in for the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEI R. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby Santa Ana General Plan Update CE oT ac an Of aemen 37 — 61 72 v2ctoer 2021e ri ingonsiderations -38- finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. However, the City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEI R, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Coast Air Quality Management District's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-47 of the Updated Draft PEIR. Buildout of the GPU would occur over a period of approximately 25 years or longer. Construction activities associated with buildout of the GPU could generate short-term emissions that exceed the South Coast AQMD'S significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, construction time frames and equipment for site -specific development projects are not available at this time, and there is a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measure AQ-1, Impact 5.2-2 would remain significant and unavoidable. Mitigation Measures AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be Santa Ana General Plan Update CE oT ac an Of aemen 37 — 62 72 v2ctoer 2021e ri ingonsiderations -39- incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: ■ Use of nontoxic soil stabilizers to reduce wind erosion. ■ Apply water every four hours to active soil -disturbing activities. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 63 72 v2ctoer 2021e ri ingonsiderations -40- technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-3: Implementation of the General Plan Update would generate long-term emissions in exceedance of South Coast AQMD's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-48 of the Updated Draft PEIR. Buildout in accordance with the GPU would generate long-term emissions that would exceed South Coast AQMD's regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Mitigation Measure AQ-2, in addition to the goals and policies of the GPU, would reduce air pollutant emissions to the extent feasible. The measures and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants in the city. Further, compared to existing baseline year conditions, emissions of NOx, CO, and SOx are projected to decrease from current levels despite growth associated with the GPU. However, Impact 5.2-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the GPU. Contributing to the nonattainment status would also contribute to elevating health effects associated with these criteria air pollutants. Reducing emissions would further contribute to reducing possible health effects related to criteria air pollutants. It is speculative for this broad -based GPU to determine how exceeding the regional thresholds would affect the number of days the region is in nonattainment, since mass emissions are not correlated with concentrations of emissions, or how many additional individuals in the air basin would suffer health effects. South Coast AQMD is the primary agency responsible for ensuring the health and welfare of sensitive individuals to elevated concentrations of air quality in the SoCAB, and at the present time it has not provided methodology to assess the specific correlation between mass emissions generated and the effect on health in order to address the issue raised in the Friant Ranch case. Ozone concentrations are dependent upon a variety of complex factors, including the presence of sunlight and precursor pollutants, natural topography, nearby structures that cause building downwash, atmospheric stability, and wind patterns. Because of the complexities of predicting ground -level ozone concentrations in relation to the National and California Ambient Air Quality Standards, it is not possible to link health risks to the magnitude of emissions exceeding the significance thresholds. To achieve the health -based standards established by the EPA, the air districts prepare air quality management plans that detail regional programs to attain the ambient air quality standards. However, because cumulative development within the city would exceed the regional significance thresholds, the proposed project could contribute to an increase in health effects in the basin until the attainment standards are met in the SoCAB. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 64 72 v2ctoer 2021e ri ingonsiderations -41- Mitigation Measures Refer to Mitigation Measure AQ-2, above Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-4: Operation of industrial and warehousing land uses accommodated under the General Plan Update could expose sensitive receptors to substantial toxic air contaminant concentrations. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-50 of the Updated Draft PEIR. Buildout of the GPU could expose sensitive receptors to substantial concentrations of toxic air contaminants JAC). Buildout could result in new sources of criteria air pollutant emissions and/or TACs near existing or planned sensitive receptors. Review of development projects by South Coast AQMD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure that health risks are minimized. Additionally, Mitigation Measure AQ-3 would ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent, project -level environmental review by the City of Santa Ana. Individual development projects would be required to achieve the incremental risk thresholds established by South Coast AQMD, and TACs would be less than significant. However, implementation of the GPU would generate TACs that could contribute to elevated levels in the air basin. Though individual projects would achieve the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the SoCAB. Therefore, the CPU's cumulative contribution to health risk is significant and unavoidable. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 65 72 v2ctoer 2021e ri ingonsiderations -42- Mitigation Measures AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel - powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 66 72 v2ctoer 2021e ri ingonsiderations -43- Impact 5.2-5: Development and operation of land uses accommodated by the General Plan Update could generate emissions that exceed the localized significance thresholds and expose sensitive receptors to substantial concentrations of criteria air pollutants. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-53 of the Updated Draft PEIR. Because existing sensitive receptors may be close to project -related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed South Coast AQMD's Local Significance Thresholds (LSTs). Mitigation Measures AQ-1 and AQ-2 would reduce the regional construction and operation emissions associated with buildout of the GPU and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions, to the extent feasible. However, even with the implementation of these mitigation measures, Impact 5.2-5 would remain significant and unavoidable. Mitigation Measures Mitigation Measures AQ-1 and AQ-2 would also be applicable in reducing construction- and operation -related LST impacts. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE i �� ac an a emen 37 — 67 12/7/ 0211 Of ve ri ing onsiderations -44- 2ctoer 2021 2. Cultural Resources Impact 5.4-1: Buildout consistent with the General Plan Update could impact an identified historic resource. Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, starting on page 5.4-26 of the Updated Draft PEIR. Generally, potential impacts to historical resources resulting from future projects developed pursuant to the GPU would be mitigated by the City's fulfillment of its statutory responsibilities under CEQA. However, for certain development pursuant to the GPU, the City may determine that significant impacts to historical resources cannot be avoided. The City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits. Though the possible demolition or alteration of a historical resource cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. With fulfillment of the CUL-1 and CUL-2, future development consistent with the GPU would result in a less than significant impact to cultural resources. However, if significant impacts cannot be avoided, the City shall require, at a minimum, that the affected historical resources are documented consistent with Mitigation Measure CUL-3. The Historical Resources Technical Report determined that unavoidable impacts to historical resources resulting from future development under the GPU will be reduced to the maximum extent feasible but will still be significant with implementation of Mitigation Measure CUL-3. Therefore, the development under the GPU would result in significant and unavoidable impacts. Mitigation Measures CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior's Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall be used to the maximum extent practicable to ensure that projects involving the relocation, conversion, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 68 72 v2ctoer 2021e ri ingonsiderations -45- rehabilitation, or alteration of a historical resource and its setting or related new construction will not impair the significance of the historical resource. Use of the Standards shall be overseen by an architectural historian or historic architect meeting the Secretary of the Interior's Professional Qualification Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. CUL-3 Documentation, Education, and Memorial ization. If the City determines that significant impacts to historical resources cannot be avoided, the City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. Though demolition or alteration of a historical resource such that its significance is materially impaired cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (HABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These Santa Ana General Plan Update CE oT ac an Of aemen 37 — 69 72 v2ctoer 2021e ri ingonsiderations -46- changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 3. Greenhouse Gas Emissions Impact 5.7-1: Implementation of the proposed General Plan Update would result in a decrease in GHG emissions in horizon year 2045 from existing baseline but may not meet the long-term GHG reduction goal under Executive Order S-03-05. Support for this environmental impact conclusion is fully discussed in Section 5.7, Greenhouse Gas Emissions, starting on page 5.7-31 of the Updated Draft PEIR. Implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions in order to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the state and City to meet the 2050 goal, but in the meantime, Impact 5.7-1 would be significant and unavoidable. Mitigation Measures GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction target and to require amendment if the plan is not achieving the specified level. The update shall consider a trajectory consistent with the GHG emissions reduction goal established under Executive Order S-03-05 for year 2050 and the latest applicable statewide legislative GHG emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 70 72 v2ctoer 2021e ri ingonsiderations -47- • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: ■ Administration and Staffing ■ Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 4. Noise Impact 5.12-1: Construction activities associated with buildout of the plan area would result in temporary noise increases at sensitive receptors. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-29 of the Updated Draft PEIR. Implementation of Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary Santa Ana General Plan Update CE oT ac an Of aemen 37 — 71 72 v2ctoer 2021e ri ingonsiderations -48- substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. It should be noted that the identification of this program -level impact does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures N-1 Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to thejob site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of Santa Ana General Plan Update CE oT ac an Of aemen 37 — 72 72 v2ctoer 2021e ri ingonsiderations -49- unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.12-2: Buildout of the plan area would cause a substantial traffic noise increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-30 of the Updated Draft PEIR. Mitigation Measure N-2 would reduce potential interior noise impacts to future noise -sensitive receptors below the thresholds. However, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing Santa Ana General Plan Update CE oT ac an Of aemen 37 — 73 72 v2ctoer 2021e ri ingonsiderations -50- residences along affected roadways. No individual measures and no set of feasible or practical mitigation measures are available to reduce project -generated traffic noise to less than significant levels in all cases. Thus, traffic noise would remain a significant and unavoidable impact. It should be noted that the identification of this program -level impact does not preclude the finding of less - than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures Refer to Mitigation Measure N-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 5. Population and Housing Impact 5.13-1: The GPU would directly induce substantial unplanned population growth. Support for this environmental impact conclusion is fully discussed in Section 5.13, Population and Housing, starting on page 5.13-12 of the Updated Draft PEIR. Full buildout of the GPU would result in a population of 431,629, and the city's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Governments' 2045 projections. Furthermore, the city's housing units at buildout would be 115,053, which exceeds the Orange County Council of Governments' projection by 38 percent. There are no feasible mitigation measures to mitigate the population and housing growth at buildout, and impacts would be significant and unavoidable. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 74 72 v2ctoer 2021e ri ingonsiderations -51- Mitigation Measures There are no feasible mitigation measures to mitigate the population and housing growth at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 75 72 v2ctoer 2021e ri ingonsiderations -52- 6. Recreation Impact 5.15-1: The General Plan Update would generate additional residents that would increase the use of existing park and recreational facilities such that substantial physical deterioration of the facility could occur or be accelerated. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-27 of the Updated Draft PEIR. Although required park fees for development could be sufficient to fund new parks and improvements, there is a lack of available land and lack of land designated as Open Space within the General Plan Update to develop new parks or expand existing facilities. The City of Santa Ana is essentially built. Incorporation of Mitigation Measure REC-1 to monitor new residential development within the Dyer/55 Fwy focus area would contribute to reducing impacts to existing public parks within a'/2 radius of the focus area. Compliance with this mitigation measure, regulatory requirements, and implementation of proposed GPU policies and implementation actions would reduce the potential impact of the proposed GPU on existing park facilities. However, because of the existing park deficiencies and scale of development in park -deficient areas, the project's impact would be significant and unavoidable. Mitigation Measures REC-1 The City shall monitor new residential development within the Dyer/55 Fwy focus area. Development proposals for projects including 100 or more residential units shall be required to prepare a public park utilization study to evaluate the project's potential impacts on existing public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 76 72 v2ctoer 2021e ri ingonsiderations -53- Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.15-2: Population increases resulting from project implementation would increase recreation demands that would require construction or expansion of recreation facilities that would have potential to result in physical impacts to the environment. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-29 of the Updated Draft PEIR. Population increases resulting from the implementation of the GPU would increase recreation demands and require construction or expansion of recreation facilities. Although construction and/or expansion of new parks and recreation facilities would be subject to GPU policies and implementation actions; regulatory requirements, and future, project specific environmental review under CEQA, it is still possible that development of such facilities could result in significant unavoidable impacts Mitigation Measures There are no feasible mitigation measures to mitigate the impacts to recreation at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 77 72 v2ctoer 2021e ri ingonsiderations -54- VI. FINDINGS REGARDING ALTERNATIVES CEQA requires that an EIR include a discussion of reasonable project alternatives that would "feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines § 15126.6[a]). As discussed above, the PEIR identified significant impacts in a number of categories. The following impacts could be mitigated below a level of significance: air quality, biological resources, cultural resources, geology and soils, noise, tribal cultural resources impacts. The following impacts cannot be mitigated below a level of significance: certain air quality, cultural resources, greenhouse gas (GHG) emissions, noise, population and housing, and recreation impacts. The PEIR analyzed four alternatives to the proposed project that could reduce some, if not all, of the impacts. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING "Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts" (CEQA Guidelines § 15126.6[c]). Alternative Circulation Element — Roadway Classifications. The proposed circulation element in the GPU evolved over a long process and coordination with the Orange County Transportation Authority (OCTA). During this process, alternative packages of arterial roadway classifications were considered that involved roadways in OCTA's Master Plan of Arterial Highways (MPAH). The majority of reclassifications proposed were identified for bicycle facility safety improvements in the City's Safe Mobility Santa Ana (SMSA) Plan, prepared in 2016. Most of the reclassifications identified were for roadways where bicycle and pedestrian safety improvements would require roadway reconfiguration and a reduction in the number of existing or planned travel lanes. Many of the SMSA recommendations across the city have already been, or are in the process of being, implemented along arterial roadways without reducing the number of lanes. A cursory review of two optional roadway reclassification packages was conducted to determine whether these optional plans would have the potential to eliminate significant impacts of the proposed GPU and meet most the project objectives. It was determined that a detailed evaluation of this alternative was not needed to provide a reasonable range of EIR project alternatives. Transportation/traffic impacts of the proposed project were determined to be less than significant (VMT/SP falls below the significance threshold for the GPU without mitigation). Although these alternatives may have some potential to reduce VMT (by reducing the number of travel lanes for some roadways) and thereby also potentially reduce air quality, greenhouse gas, and traffic noise impacts, these alternatives would also result in more inconsistencies with the MPAH and result in more traffic congestion. Although traffic congestion is no longer a CEQA consideration, the GPU sets forth standards for level of service that will be considered by decision -makers. Moreover, the Santa Ana General Plan Update CE oT ac an Of aemen 37 — 78 72 v2ctoer 2021e ri ingonsiderations -55- Reduced Density and RTP/SCS Consistency alternatives were determined to be meaningful alternatives to consider for the potential of reducing air quality, GHG, and traffic noise impacts. Reduced Traffic Noise Alternative. Since traffic noise was determined to be a significant, unavoidable impact of the proposed GPU, a project alternative designed to eliminate this significant impact was considered. The required reductions in traffic volumes (ADT) were determined along roadways where buildout of the GPU would result in significant noise increases. These estimates were compared to the surrounding land uses that would generate ADTs for those roadway segments. Traffic noise along these roadways would both exceed the noise standard and abut sensitive land uses (e.g., residences, schools, hospitals). Several segments would experience significant, unavoidable traffic noise impacts without the land use changes proposed under the GPU. Since significant traffic noise could not be avoided, further evaluation of this alternative was not deemed to be meaningful. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS Given the significant, unavoidable impacts identified for the proposed GPU, project alternatives with the potential to substantially reduce development were identified for further review. Significant GPU impacts to long-term air quality, GHG emissions, population and housing, and recreation all directly relate to the level of development that would occur within the city. At the programmatic level of this GPU PEIR, site -specific information regarding potential significant historical impacts is not available, and therefore, an alternative could not be customized to reduce that impact. A reduced intensity alternative would also be expected to reduce the significant traffic noise impact (as discussed above). A reduced park demand alternative was also analyzed to address the significant and unavoidable impacts to recreation. The following development alternatives to the proposed GPU were chosen for further analysis. No Project / Current General Plan Alternative The evaluation of the No Project alternative is required by CEQA. The No Project alternative is typically defined as the development scenario that would occur if the project as proposed is not adopted. For a General Plan, the No Project alternative is typically represented by the jurisdiction's existing General Plan, including land use plan, circulation master plan, and policies in each General Plan element. Therefore, this alternative assumes that the existing General Plan —with various adoption dates for different elements between 1982 and 2014—would remain in effect. This existing General Plan also reflects amendments, including new Specific Plans and special zoning areas that have been adopted through the Notice of Preparation for this GPU. Finding. The City Council rejects the No Project/Current General Plan Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment Santa Ana General Plan Update CE oT ac an Of aemen 37 — 79 72 v2ctoer 2021e ri ingonsiderations -56- opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEI R. This alternative would result in similar impacts to 11 impact categories, reduced impacts to 5 environmental impacts, and increase impacts to 4 categories. Impacts would be similar for agricultural resources, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, tribal cultural resources, and wildfire. This alternative would reduce impacts for aesthetics, population and housing, public services, recreation, and utilities and service systems. Impacts to air quality, greenhouse gas emissions, land use and planning, and transportation would increase. This alternative does not mitigate any of the significant and unavoidable impacts associated with the GPU to a less than significant impact. It would also exceed the City's VMT threshold. Overall, impacts under this alternative would decrease in comparison to the proposed project. The No Project/Current General Plan alternative would not achieve many of the proposed project objectives. The existing land use plan does not provide the opportunities to provide housing and employment at the levels required to meet local and regional goals. Moreover, the No Project alternative would not provide numerous general policies as included in the GPU to achieve these goals and invigorate communities. The current General Plan, however, protects established neighborhoods and several Specific Plans and Special Zoning areas would provide for infill opportunities, protect established neighborhoods, and result in mixed -use villages and bike- and pedestrian -friendly communities. Reduced Intensity Alternative (Reduced capacity for the 55 Freeway/Dyer and South Bristol focus areas) Under the GPU, the only areas that include revisions to land use designations to accommodate new growth are within the five focus areas. The majority of remaining growth would occur within previously approved Specific Plans and Special Zoning areas. A nominal amount of growth is assumed to occur in other areas of the city and would not require land use amendments. The Reduced Intensity Alternative would substantially reduce development capacity within two focus areas, 55 Freeway/Dyer and South Bristol Street, which accommodate approximately 65 percent of the housing unit growth and 72 percent of the nonresidential use (by building square footage) of the growth projected for the combined focus areas under the GPU. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. For this alternative, development of the 55 Freeway/Dyer and South Bristol focus areas would be reduced to approximately 50 percent of the maximum allowed per the land use designations. This alternative would reduce housing units by a total of 5,383 and would reduce total building square footage by approximately 4.2 million square feet distributed between these two focus areas. This alternative would also reduce population by 19,825 and jobs by 9,184. Overall, this alternative would reduce the housing growth accommodated by the GPU land use changes by approximately 18 percent and reduce nonresidential building square footage by approximately 27 percent. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 80 72 v2ctoer 2021e ri ingonsiderations -57- Finding. The City Council rejects the Reduced Intensity Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEI R. This alternative would result in similar impacts to 7 impact categories, reduce impacts to 12 categories, and increase impacts to 1 category. Impacts would be similar for aesthetics, agricultural resources, biological resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. The Reduced Density Alternative reduces the level of development for two of the five focus areas (55 Freeway/Dyer Road and South Bristol Street) relative to the GPU. No other changes to the GPU are made for this alternative. It is assumed to include the same General Plan policies and would not modify the circulation element or related improvements. Therefore, this alternative would attain many of the project's objectives. It would not "optimize" high density housing and mass transit opportunities, and so was found not to attain objective No. 2. It would, however, achieve objectives Nos. 3 through 5, but to a lesser extent than the proposed GPU. With the reduced opportunities in the 55 Freeway/Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities, and may not be as economically feasible in terms of funding community benefits. It would provide mixed -use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. 2020 RTP/SCS Consistency Alternative (Reduced development for RTP/SCS population/housing consistency) This alternative was developed to evaluate an update to the General Plan that would be consistent with the population and housing projections used to develop the Southern California Association of Governments' (SCAG) most recent Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS)—Connect SoCal (adopted May 7, 2020). Connect SoCal is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The plan embodies a collective vision for the region's future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 81 72 v2ctoer 2021e ri ingonsiderations -58- Orange, Riverside, San Bernardino, and Ventura. The proposed GPU would result in a significant population and housing impact because development under the GPU would substantially exceed the projections used in Connect SoCal. SCAG uses locally prepared population and housing projections to develop the regional plan. For the City of Santa Ana, those projections were provided by the Orange County Council of Governments, as prepared by the Center for Demographic Research. The population/housing figures reflected for Santa Ana in the regional plan for 2045 are: population, 360,100; total housing units, 80,100; and total jobs, 176,400. Projections for the RTP/SCS (Connect SoCal) use land use designations as approved in adopted general plans. The employment projections are similar for the GPU and RTP/SCS scenarios, but the RTP/SCS projections for population and housing units are substantially lower than GPU projections (18 percent and 27 percent lower, respectively). The RTP/SCS alternative, therefore, represents the least -development -intensive project alternative evaluated for the PEIR. ■ This alternative would substantially reduce the growth that would be accommodated within the focus areas under the GPU. New growth within the focus areas would total 6,380 housing units and approximately 3.7 million square feet of nonresidential uses, instead of a total additional 23,955 housing units and approximately 15.7 million square feet within the focus areas. This alternative distributes anticipated development through the focus areas and the approved Specific Plans/Special Zoning areas. For purposes of this alternative, it is assumed that a development cap would be used to limit total growth to the projections shown. ■ Subsequent updates of the regional plan would incorporate updated land use from the GPU and resolve the substantial discrepancy between the population and housing projections. Note also that the PEIR concludes that the GPU is consistent with the goals of the RTP/SCS. This alternative has been defined to eliminate the significant impact associated with substantial population growth that is inconsistent with the regional plan, as well as reduce other significant growth -related (AQ/GHG, traffic noise) impacts associated with the GPU as proposed. Finding. The City Council rejects the 2020 RTP/SCS Consistency Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would reduce impacts to 12 environmental impacts, result in similar impacts to 6 categories, and increase impacts to 1 category. It would reduce impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, and utilities and service systems. Impacts would be very similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. It would increase impacts to land use and planning. It would also increase impacts to transportation and Santa Ana General Plan Update CE oT ac an Of aemen 37 — 82 72 v2ctoer 2021e ri ingonsiderations -59- potentially introduce a new significant impact. It is anticipated, however, that under this alternative, transportation could be mitigated to less than significant. Under the GPU, transportation impacts are less than significant without mitigation. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, and recreation would remain significant and unavoidable. The impact to population and housing would be reduced to less than significant. Overall, impacts under this alternative would be reduced in comparison to the proposed project. Due to the substantial reduction in housing opportunities citywide, this alternative is the least effective in achieving the project objectives of the GPU. By setting a development cap to limit housing and nonresidential development to the projections for the city in the 2020 RTP/SCS, this alternative reduces housing units by 31,515 compared to the GPU. It reduces housing development potential within the focus areas by 73 percent in comparison to the GPU, and reduces overall city future development by 27 percent. To achieve this reduction, the development cap would not only limit focus area development but would restrict the entitled housing in Specific Plans/Special Zoning areas (reducing total housing within these areas by almost 14,000 units). This alternative clearly would not optimize high density housing that maximizes mass transit use (objective No. 2) or provide urban -level intensities at the urban edges (objective No. 3). Moreover, it would not facilitate intensities that attract economic activities, particularly since it would not allow the maximum entitlement of approved Specific Plans and Special Zoning areas. It would achieve the remainder of the objectives, but to a lesser extent than the GPU. It would protect established neighborhoods, but not promote infill development as much as the GPU or other alternatives (objective No. 1). It would provide only limited opportunities for live -work and artist spaces and small-scale manufacturing (objective No. 7). Reduced Park Demand Alternative The City's Park standard of 2 acres per 1,000 residents is not achieved under existing conditions and development allowed under the GPU would further exacerbate park and open space shortages. Without new parks, growth in any of the focus areas would exacerbate the current level of park deficiency either in or adjacent to disadvantaged communities. The areas proposed for substantial new residential development under the GPU were compared to the distribution of existing parks —location, size, and demand —to define the Reduced Park Demand Alternative. The Reduced Park Demand Alternative reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. The nonresidential square footage would increase, however, in two of the focus areas: 17th Street/Grand Avenue by 697,000 square feet, and South Bristol by 739,000 square feet. New residential growth under this alternative would largely be in currently planned areas that are generally near a substantial number of existing park facilities. Some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. Changes to the focus areas are as follows: ■ South Main Street. This focus area would remain as currently planned as a commercial corridor (GC) instead of Urban Neighborhood (UN) and District Center (DC) to reduce intensity Santa Ana General Plan Update CE oT ac an Of aemen 37 — 83 72 v2ctoer 2021e ri ingonsiderations -60- so that there are no additional units constructed beyond existing conditions; there is a significant presence of EJ communities that are served by parks, but the existing parks are very small. ■ South Bristol Focus Area. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 2,273 units on sites that are more than a half mile from existing parks (generally west of Bristol and south of MacArthur Boulevard). ■ Grand Avenue/17th Street. Stay as currently planned as a lower density residential (LR-7) and commercial corridor (GC) to reduce intensity so that there are no additional units constructed beyond existing conditions, because much of the focus area is more than a half mile from existing parks. ■ West Santa Ana Boulevard. This focus area would remain as currently planned with lower density residential (LR-7) instead of Urban Neighborhood (UN) to reduce intensity so that no additional units are constructed beyond existing conditions; there is a significant presence of EJ communities with areas that are farther than a half mile from existing parks in this focus area. ■ 55 Freeway/Dyer Road. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 5,381 units because a majority of the area is more than a half mile from existing parks in Santa Ana; the reduced intensity would also reduce potential impacts on adjacent parkland in Tustin. Finding. The City Council rejects the Reduced Park Demand Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Recirculated PEIR. This alternative would result in similar impacts to 6 impact categories, reduced impacts to 12 categories, and increased impacts to 2 categories. Impacts would be similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would reduce the recreation impacts of the proposed GPU, as it was designed to do, and would improve the park acres/resident ratio compared to the proposed GPU. Recreation impacts to disadvantaged communities would also be reduced. Given the lack of available land for new parks, however, it would not eliminate the significant, unavoidable impact of the project. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, Santa Ana General Plan Update CE i oT ac an a emen 37 — 84 12/7/ 0211 Of ve ri ing onsiderations -61- 2 ctoer 2021 population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. This alternative would attain some of the project's objectives. It would promote infill development to a lesser extent than the GPU and would protect established neighborhoods (Objective 1), and would also develop opportunities of live -work, artist spaces, and small-scale manufacturing (Objective 7). Given the substantial reduction in housing units, it was also concluded that it would not meet Objectives 2 and 3, to maximize high density residential development and mixed use proximate to potential mass transit use (Objective 2) and to maximize affordable housing and achieve City and regional housing goals (Objective 3). It would, however, achieve Objectives 4 through 6, but to a lesser extent than the proposed GPU. With new opportunities eliminated in three focus areas and the reduced opportunities in the 55 Freeway /Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities and may not be as economically feasible in terms of funding community benefits. It would provide mixed - use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires a lead agency to identify the "environmentally superior alternative" and, in cases where the "No Project" Alternative is environmentally superior to the GPU, the environmentally superior development alternative must be identified. One alternative has been identified as "environmentally superior" to the GPU: ■ The RTP/SCS Consistency Alternative is concluded to be the environmentally superior alternative. The No Project alternative is not environmentally superior to the proposed GPU. Both the Reduced Density and RTP/SCS alternatives reduce environmental impacts in comparison to the GPU, but the RTP/SCS reduces more impacts and eliminates a significant, unavoidable impact of the GPU. This alternative was designed to eliminate the significant population impact of the GPU, but it also reduces potential future development more than any of the other alternatives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 85 72 v2ctoer 2021e ri ingonsiderations -62- VII. STATEMENT OF OVERRIDING CONSIDERATIONS A. INTRODUCTION The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the PEIR for General Plan Update (project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: a. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed project against the unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures Santa Ana General Plan Update CE oT ac an Of aemen 37 — 86 72 v2ctoer 2021e ri ingonsiderations -63- with respect to these impacts. The City also has examined alternatives to the proposed project, none of which both meets the project objectives and is environmentally preferable to the proposed project, for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this project, and having reviewed the PEIR for the GPU, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. B. OVERRIDING CONSIDERATIONS The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the project, and each of which, standing alone, is sufficient to support approval of the project, in accordance with CEQA Section 21081(b) and CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the project are as follows: 1. The community, land use, and public services elements of the project encourage healthy lifestyles, a planning process that ensures that health impacts are considered, and policies and practices that improve the health of residents. The policies also affirm and support a socially and economically diverse community with equitable distribution of resources. 2. Implementation of the GPU fulfills one of the key strategies identified in the Santa Ana Strategic Plan in the completion of a comprehensive update of the existing General Plan. 3. The project improves the jobs -housing balance; the ratio of 1.5 would give the city a more equal distribution of employment and housing. The population growth resulting directly from the proposed GPU would be offset by the level of employment opportunity provided to the city's residents and workers commuting into Santa Ana. 4. The project results in a reduction of vehicle miles traveled per service population (VMT/SP) and a reduction in related traffic congestion, air quality, and greenhouse gas emissions compared with existing conditions because the GPU includes policies that promote the reduction of VMT. Policy 2.5 of the land use element encourages infill mixed -use development at all ranges of affordability to reduce VMT, and policy 4.5 aims to concentrate development along high -quality transit corridors. Policy 4.6 of the circulation element promotes reductions in automobile trips and VMT by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. 5. The project provides additional housing to support the regionally forecasted increase in economic activities and employment increases. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 87 72 v2ctoer 2021e ri ingonsiderations -64- 6. Implementation of the project would introduce policies and actions that address the importance of protecting the health of residents and the environment by improving air quality, reducing greenhouse gas emissions, and encouraging active transportation. 7. The project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) land use policies related to population and housing by providing additional housing near employment centers. 8. The project facilitates the economic development of the city by promoting development that is mixed use, pedestrian friendly, transit oriented, and clustered around activity centers through new and infill residential development. Additionally, the proposed project would improve the city's jobs/housing balance by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. 9. Implementation of the project would coordinate air quality planning efforts to meet state and federal ambient air quality standards by considering the goals of the Climate Action Plan in all major decision on land use and public infrastructure investment and investing in low- to zero -emission vehicles. These policies also promote development that meets or exceeds standards for energy -efficient building design, and the consideration of sensitive of potential emission sources on sensitive uses. 10. The project promotes economic growth and diversity within the city. The economic prosperity element of the GPU includes policies related to improving Santa Ana's economy and its role within the region. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 88 72 v2ctoer 2021e ri ingonsiderations -65- VIII. RESOLUTION REGARDING CERTIFICATION OF THE PEIR The City of Santa Ana finds that it has reviewed and considered the Final Recirculated PEIR in evaluating the proposed project, that the Final Recirculated PEIR is an accurate and objective statement that fully complies with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment of the City. The City of Santa Ana declares that no new significant information, as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Recirculated Draft PEIR that would require further recirculation. The City of Santa Ana certifies the PEIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions: Findings: The following significant environmental impacts have been identified in the PEIR and will require mitigation as set forth in Section V of this Resolution but cannot be mitigated to a level of insignificance: air quality (project -related and cumulative), cultural resources (project - related), greenhouse gas emissions (project -related), noise (project -related), population and housing (project -related), recreation (project -related). Conclusions 1. Except the impacts (stated above) relating to air quality, cultural resources, greenhouse gas, noise, population and housing, and recreation all significant environmental impacts from the implementation of the proposed project have been identified in the PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance. 2. Other alternatives to the proposed project, which could potentially achieve the basic objectives of the proposed project, have been considered and rejected in favor of the proposed project. 3. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed project override and make infeasible any alternatives to the proposed project or further mitigation measures beyond those incorporated into the proposed project. Santa Ana General Plan Update CE Of o � acanaemen 37 — 89 72 v2ctoer 2021e ri ing onsiderations -66- IX. RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PLAN Pursuant to Public Resources Code section 21081.6, the City of Santa Ana hereby adopts the Mitigation Monitoring and Reporting Plan attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 90 72 v2ctoer 2021e ri ingonsiderations -67- X. RESOLUTION REGARDING CONTENTS AND CUSTODIAN OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Santa Ana Planning Division Counter. The custodian for these records is the City of Santa Ana. This information is provided in compliance with Public Resources Code section 21081.6. The record of proceedings for the City's decision on the project consists of the following documents, at a minimum: 1. The NOP and all other public notices issued by the City in conjunction with the project. 2. The Draft PEIR for the Santa Ana General Plan Update. 3. All comments submitted by agencies or members of the public during the 45-day comment period on the Draft PEIR and the 20-day extension to the comment period. 4. The Final PEIR for the Santa Ana General Plan Update, including comments received on the Draft PEIR, responses to those comments, and technical appendices. 5. The Recirculated Draft PEIR for the Santa Ana General Plan Update. 6. All comments submitted by agencies or members of the public during the 45-day comment period on the Recirculated Draft PEIR. 7. The Final Recirculated PEIR for the Santa Ana General Plan Update, including comments received on the Recirculated Draft PEIR, responses to those comments, and technical appendices. 8. The Mitigation Monitoring and Reporting Plan for the project. 9. All findings, resolutions, and ordinances adopted by the City in connection with the General Plan Update, and all documents cited or referred to therein. 10. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Santa Ana General Plan Update. 11. All documents submitted to the City by other public agencies or members of the public in connection with the General Plan Update PEIR up through project approval. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. 12. Any documents expressly cited or referenced in these findings, in addition to those cited above. Santa Ana General Plan Update CE i �� ac an a emen 37 — 91 12/7/ 0211 Of ve ri ing onsiderations -68- 2ctoer 2021 13. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The following location is where the record may be reviewed: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 This page intentionally left blank. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 92 72 v2ctoer 2021e ri ingonsiderations -69- EXHIBIT C October 2021 1 Mitigation Monitoring and Reporting Program Santa Ana General Plan Update City of Santa Ana Prepared for: City of Santa Ana Contact: Melanie G. McCann, Principal Planner 20 Civic Center Plaza Santa Ana, CA 92702 mmccann@santa-ana.org Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com City Council 37 — 93 12/7/2021 City Council 37 — 94 12/7/2021 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1. INTRODUCTION..............................................................................................................................1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT SUNBIARY......................................................................................................................................... 2 1.3 PROJECT LOCATION....................................................................................................................................... 5 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION........................................................... 6 List ®f 1"ables Table Page Table 1-1 Proposed Land Use Designations and Statistics.............................................................................. 3 Table 1-2 Buildout Statistical Summary.............................................................................................................. 5 Table 1-3 Mitigation Monitoring and Reporting Requirements...................................................................... 7 City Council 37 — 95 12/7/2021 October 2021 Page i GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intentionally left blank. City Council 37 — 96 12/7/2021 Page ii PlaceVorks 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle to monitor mitigation measures and conditions of approval outlined in the Final Recirculted Program Environmental Impact Report. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Santa Ana monitoring requirements. Section 21081.6 states: (a) When making the findings required by paragraph (1) of subdivision subsection (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency ha�Ting jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead City Council 37 — 97 12/7/2021 October 2021 Page 9 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law. The MMRP will serve to document compliance with adopted/certified mitigation measures that are formulated to minimize impacts associated with future development that would be accommodated by the Santa Ana General Plan. 1.2 PROJECT SUMMARY The GPU is the comprehensive update of the Santa Ana General Plan. The purpose of the General Plan Update is to comprehensively update the 1982 plan to reflect current conditions, establish a shared vision of the community's aspirations, and create the policy direction to guide Santa Ana's long-term planning and growth over the next two decades. The General Plan Update will include the City's future development goals and will provide policy statements to achieve those goals. Implementation actions related to each goal or policy will be included as a separate Implementation Plan to ensure successful monitoring of progress as a community. Furthermore, the GPU will focus on five areas in Santa Ana that are better suited for future development or overall improvement. These focus areas are: ■ South Main Street ■ Grand Avenue/17th Street ■ West Santa Ana Boulevard ■ 55 Freeway/Dyer Road ■ South Bristol Street General Plan Update The updated General Plan is organized into three sections: Services and Infrastructure (I), Natural Environment (II), and Built Environment (III). The proposed GPU addresses the seven topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements. The 12 proposed elements of the GPU will replace 16 existing elements. The GPU will incorporate the current 2014-2021 Housing Element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in late 2021 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed GPU are: City Council 37 — 98 12/7/2021 Page 2 PlaceWlorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Mandatory Topics Optional Topics ■ Land Use Element ■ Public Services Element ■ Circulation Element ■ Urban Design Element ■ Housing Element ■ Community Element ■ Open Space Element ■ Economic Prosperity Element ■ Conservation Element ■ Historic Preservation Element ■ Safety Element ■ Noise Element The GPU will guide growth and development (e.g., infill development, redevelopment, and revitalization/restoration) in the plan area by designating land uses in the proposed land use map and through implementation of updated goals and policies of the GPU. Table 1-1 outlines the proposed land use designations under the GPU. Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Grand Avenue/17th Street 171.5 - District Center 23.7 13.8 General Commercial 19.9 11.6 Industrial/Flex 7.1 4.1 Open Space 1.1 0.6 Urban Neighborhood 119.7 69.8 55 Freeway/Dyer Road 354.5 - District Center 158.0 44.6 General Commercial 68.0 19.2 Industrial/Flex 127.4 35.9 Open Space 1.1 0.3 South Bristol Street 199.9 - District Center 108.3 54.2 Open Space 6.0 3.0 Urban Neighborhood 85.7 42.9 South Main Street 312.2 - Industrial/Flex 29.0 9.3 Institutional 19.2 6.1 Low Density Residential 162.3 52.0 City Council 37 - 99 12/7/2021 October 2021 Page 3 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Urban Neighborhood 101.7 32.6 West Santa Ana Boulevard 481.6 - Corridor Residential 10.0 2.1 General Commercial 21.5 4.5 Industrial/Flex 87.9 18.3 Institutional 45.5 9.4 Low Density Residential 108.1 22.4 Low -Medium Density Residential 6.8 1.4 Medium Density Residential 27.0 5.6 Open Space 133.6 27.7 Professional and Administrative Office 6.2 1.3 Urban Neighborhood 35.0 7.3 Balance of City 11,598.8 - District Center 124.2 1.1 General Commercial 424.2 3.7 Industrial 2,159.6 18.6 Institutional 886.7 7.6 Low Density Residential 6,173.3 53.2 Low -Medium Density Residential 429.0 3.7 Medium Density Residential 335.3 2.9 One Broadway Plaza District Center 4.1 0.0 Open Space 793.8 6.8 Professional and Administrative Office 260.4 2.2 Urban Neighborhood 4.1 0.0 Not Specified 4.1 0.0 Total 13,118.5 100% Source: Figures aggregated and projected by PlaceWorks, 2020. The full buildout scenario is analyzed in comparison to existing conditions. Table 1-2 details buildout statistics. Similarly, the PEIR pro"Tides conclusions regarding impact significance for this scenario for both the proposed GPU and project alternatives. City Council 37 - 100 12/7/2021 Page 4 PlaceWlorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Table 1-2 Buildout Statistical Summary PLANNING AREA BUILDOUT Housing Units Bldg. S . Ft, Jobs FOCUS AREAS 23,955 15,684,285 35,044 55 Freeway/Dyer Road 9,952 6,142,283 13,302 Grand Avenue/17th Street 2,283 703,894 1,622 South Bristol Street 5,492 5,082,641 11,192 South Main Street 2,308 946,662 2,151 West Santa Ana Boulevard 3,920 2,808,805 6,777 SPECIFIC PLAN / SPECIAL ZONING 20,524 16,958,445 39,702 Adaptive Reuse Overlay Zonez 1,260 976,935 2,567 Bristol Street Corridor Specific Plan 135 143,139 282 Harbor Mixed Use Transit Corridor Specific Plan 4,622 1,967,982 1,578 MainPlace Specific Plan 1,900 2,426,923 5,380 Metro East Mixed -Use Overlay Zone 5,551 4,685,947 12,258 Midtown Specific Plan 607 1,818,253 4,615 Transit Zoning Code 6,449 4,939,266 13,022 ALL OTHER AREAS OF THE CITY3 70,574 40,325,086 95,670 CITYWIDE TOTAL 115,053 72,967,816 170,416 Source: City of Santa Ana 2020. 1 Only includes nonresidential building square footage. 2 The figures shown on the row for the Adaptive Reuse Overlay represents parcels that are exclusively in the Adaptive Reuse Overlay boundary. Figures for parcels that are within the boundaries of both the Adaptive Reuse Overlay Zone and a specific plan, other special zoning, orfocus area boundary are accounted for in the respective specific plan, other special zoning, or focus area. 3 The City has included an assumption for growth on a small portion (5 percent) of residential parcels through the construction of second units, which is distributed throughout the city and is not concentrated in a subset of neighborhoods. Additional growth includes known projects in the pipeline and an increase of 10 percent in building square footage and employment for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. 1.3 PROJECT LOCATION The City of Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of the city of Newport Beach. The city is bordered by the city of Orange and unincorporated areas of Orange County to the north, the city of Tustin to the east, the cities of InTine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel within its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. City Council 37 - 101 12/7/2021 October 2021 Page 5 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The Mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Draft PEIR and Recirculated Draft PEIR, specifications are made herein that identify the action required and the monitoring and reporting that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. 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Z' ` OU a) O~ OO Q U j O O a) C O cn 0 WO E O U U a) (n O- O U 3 4= E > c ,0, U: O 0-0 c6 O a) — U` C a) 4- (On O O Ow O U E O U '�-' O- O a) O C .0 U `O C C in O O O U> U cu E U a0- C D) O C O U 00 C O .O_) a cu O. O �_ U� a) U O U 0 Q E - a) Q O O a) O) O .O O) O O - O .`� cu >, U O-0 Q O O O O O) :~ o 0- a) O C O -O -0 O .0 a) OC O C a U i� 0 O a) C U a) O F L, ` 0 6 O C O O 0),O O O O c6 a) O .O cn O O O c6 O U c6 O C Q U 4) — O Q Q C a) O> O .•-' O O C 'O J i a) C cJ � 0- a>i o� aa)) c6 _ o_ c6 00 -o o� cu C E U can E c6 0) > o0 -o J U m m G1 m N � � w N C y U)C E N C N E N L .a i m .O c O m m H RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2020-06 FOR THE COMPREHENSIVE UPDATE TO THE SANTA ANA GENERAL PLAN WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and WHEREAS, in 1982, the City of Santa Ana last completed a comprehensive update to the General Plan; and WHEREAS, various elements of the General Plan have been amended and adopted from time to time; and WHEREAS, the City of Santa Ana seeks to adopt a comprehensive update to the Santa Ana General Plan ("project" or "General Plan Update"); and WHEREAS, the General Plan Update identified the following five focus areas for potential change and new growth: South Main Street, Grand Avenue/17th Street, West Santa Ana Boulevard, 55 Freeway/Dyer Road, and South Bristol Street; and WHEREAS, the total long-term potential growth within these focus areas is estimated at 17,575 new housing units, 2,263,130 non-residential building square footage, and 6,616 jobs; and WHEREAS, the General Plan Update also requires the certification of the Final Recirculated Program Environmental Impact Report and related documents that have been completed for the project, which approval will be concurrent with the approval of the General Plan Update; and WHEREAS, pursuant to SB 1000, the City is required to address Environmental Justice in the General Plan Update due to a number of disadvantaged communities located within the City; and WHEREAS, the goals, policies, and implementation items associated with environmental justice have been selectively placed within the majority of the updated General Plan Update; and WHEREAS, the project as currently proposed entails, among other things, (1) the revision to the State mandated Elements of the General Plan; (2) the inclusion of optional Elements to the General Plan; and (3) approval of General Plan Amendment Resolution No. 2021-XXX City Council 37 — 122 12/tNTi of 5 (GPA) No. 2020-06, which would result in a comprehensive update to the existing General Plan; and WHEREAS, the General Plan is a community -wide vision document that is intended to address and respond to community needs, with staff conducting outreach with community members about the process to as wide an audience as possible; and WHEREAS, over the past six years, an extensive public outreach campaign to engage the public was conducted to supplement the feedback, input and direction for the comprehensive update to the General Plan. Early public outreach efforts included hosting over 60 community meetings and workshops; hosting individual community workshops within each of the five Focus Areas with over 300 residents, business leaders, and community stakeholders participating in the workshops; distributing an online community survey with over 650 respondents to collect input on the content of the General Plan; the mailing of approximately 44,000 informational flyers to property owners and tenants; presentations at neighborhood Communication Linkages (CommLink) meetings; outreach meetings with Environmental Justice groups (Madison Park Neighborhood Association, Logan Neighborhood Association, Artesia-Pilar Neighborhood Association); and attendance at approximately 100 CARES events within environmental justice communities to discuss the General Plan Update with residents; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Draft Program Environmental Impact Report ("Draft PEIR") that was prepared for the General Plan Update (State Clearinghouse No. 2020029087), at which the Planning Commission voted not to certify the Draft PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities and in view of the COVID-19 pandemic; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR") was prepared as a supplemental analysis to the original Draft PEIR to reflect updates to the General Plan Update and based on an intensive, extended community outreach program conducted by the City between January and May 2021; and . WHEREAS, in collaboration with neighborhood and community serving organizations, the City reached out through direct mailers, yard signs, and social media to promote awareness of the General Plan Update, and participation in an EJ survey and 10 EJ virtual community forums. In August 2021, an in -person Open House was hosted to share results of outreach, EJ partnerships, and proposed General Plan policies and programs focused on improving environmental health and quality of life in EJ communities; and WHEREAS, during the public comment period, Planning work-study sessions were held on August 9, 2021, and August 23, 2021, and a public hearing on September 13, 2021; and Resolution No. 2021-XXX City Council 37 — 123 12/t20'24 of 5 WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, at which hearing members of the public were afforded an opportunity to comment. After hearing all relevant testimony from staff, the public, and the City's consultant team, the City Council voted to certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project. The City Council hereby incorporates by reference, as if fully set forth herein, Resolution No. 2021-XXX certifying the Recirculated PEIR and adopting the findings of fact, statement of overriding considerations and mitigation monitoring and reporting program for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The General Plan Amendment consists of amendments to 11 Elements of the General Plan and text updates, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has concurrently reviewed, certified and adopted the Final Recirculated Program Environmental Impact Report, the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for General Plan Amendment No. 2020-06, attached respectively as Exhibits B, C, and D. The City hereby finds and determines that all potential environmental impacts of the project, including the amendments to the General Plan, have been fully analyzed in the PEIR. No new or additional mitigation measures or alternatives are required. There is no substantial evidence in the administrative record to support a fair argument that the project may result in any significant environmental impacts beyond those analyzed in the certified PEIR. Section 4. The General Plan Amendment, Recirculated Final Program Environmental Impact Report and all supporting documents are online, and on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. Section 5. The City Council hereby finds that the proposed General Plan Amendment is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana. Resolution No. 2021-XXX City Council 37 — 124 12/t2O'24 of 5 Section 6. The current General Plan will be consolidated into 12 elements, with 11 Elements being comprehensively updated including the Community Element, the Mobility Element, the Economic Prosperity Element, the Public Services Element, the Conservation Element, the Open Space Element, the Noise Element, the Safety Element, the Land Use Element, the Historic Preservation Element, and the Urban Design Element. Section 7. The Housing Element is on a separate update schedule and will be updated in 2022 in compliance with State law. Section 8 The new and updated goals/objectives and policies of the General Plan will be coordinated and consistent throughout the General Plan document. Section 9. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare in that the General Plan Amendment is a comprehensive update to the existing General Plan that is intended to address issues such as incompatible land uses on adjacent properties, inconsistencies between General Plan goals or policies, and will mitigate adverse impacts to the environment. Section 10. The City Council hereby approves General Plan Amendment No. 2020-06 as set forth in Exhibit A, attached hereto and incorporated herein by reference, subject to compliance with the Mitigation Monitoring and Reporting Program, and upon satisfaction of the conditions set forth below: A. The General Plan Amendment shall not take effect unless and until Environmental Impact Report No. 20200029087 is certified by the City Council. B. General Plan Amendment No. 2020-06 shall not take effect unless and until the City Council overrules the Determination of Inconsistency by the Airport Land Use Commission of Orange County. Section 11. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2021. Vicente Sarmiento Mayor Resolution No. 2021-XXX City Council 37 — 125 12/tNTi of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By - John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2021-XXX City Council 37 — 126 12/79202i of 5 EXHIBIT A All materials for Exhibit A may be accessed atj t - s-//www.santa a.na:,.o!Eq.�,q 2 2 L11 p ......... ........................................................................................................... ................... .......... . .. .. . !2.!. .!� [:::� p �.2.[ documents and are also on file and available at the City's Planning and ..... ....................................................................................... Building Agency. City Council 37-127 12/7/2021 EXHIBIT B All materials for Exhibit B may be accessed at-,1httrp .... ...... 2 ............... . ..... an orq/ enerall ................... ............................................................................................ .. ...... q ........ ......... ... ..................................................... p �.2.[ /g 1.g.! ::::j2.0 v..ii r o n nD e n t.21 d o c u n.i. e n t s.. and are also on file and available at the City's Planning and Building Agency. City Council 37-128 12/7/2021 Exhibit C CEQA FINDINGS OF FACT FOR THE SANTA ANA GENERAL PLAN UPDATE FINAL RECIRCULATED PROGRAM ENVIRONMENTAL IMPACT REPORT City of Santa Ana STATE CLEARINGHOUSE NO. 2020029087 INTRODUCTION The California Environmental Quality Act ("CEQA") requires that a number of written findings be made by the lead agency in connection with certification of an environmental impact report ("EIR") prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. The State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 129 72 v2ctoer 2021e ri ingonsiderations -1- (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." CEQA Guidelines section 15364 adds another factor: "legal" considerations. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565 (Goleta ll).) The concept of "feasibility" also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project. (California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001 ["an alternative `may be found infeasible on the ground it is inconsistent with the project objectives as long as the finding is supported by substantial evidence in the record"'].) An alternative may also be rejected because it "would not `entirely fulfill' [a] project objective." (Citizens for Open Government v. City of Lodi (2012) 205 Cal.AppAth 296, 314-315.) "[F]easibility" under CEQA encompasses `desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) With respect to a project for which significant impacts are not avoided or substantially lessened, a public agency, after adopting proper findings, may nevertheless approve the project if the agency first adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project's "benefits" rendered "acceptable" its "unavoidable adverse environmental effects." (CEQA Guidelines, §§ 15093, 15043, subd. (b); see also Pub. Resources Code, § 21081, subd. (b).) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Goleta ll, supra, 52 Cal.3d at p. 576.) When adopting Statements of Overriding Considerations, State CEQA Guidelines Section 15093 further provides: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 130 72 v2ctoer 2021e ri ingonsiderations -2- (a) CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, independently reviewed, and considered the Draft Program Environmental Impact Report ("Draft PEIR"), the Final Program Environmental Impact Report ("Final PEIR), the Recirculated Draft Program Environmental Impact Report ("Recirculated Draft PEIR"), and the Final Recirculated Program Environmental Impact Report ("Final Recirculated PEIR") for the Santa Ana General Plan Update, SCH No. 2020029087 (collectively, the "PEIR"), as well as all other information in the record of proceedings on this matter, the following Findings of Facts ("Findings") are hereby adopted by the City of Santa Ana ("City") in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for adoption and implementation of the Santa Ana General Plan Update ("Proposed Project"). This action includes the certification of the following: ■ Santa Ana General Plan Update Program Environmental Impact Report, SCH No. 2020029087 A. DOCUMENT FORMAT These Findings have been organized into the following sections: 1) Section I provides an introduction. 2) Section II provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 131 72 v2ctoer 2021e ri ingonsiderations -3- 3) Section III provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. 4) Section IV sets forth findings regarding the environmental impacts that were determined to be —as a result of the Notice of Preparation (NOP) and consideration of comments received during the NOP comment period —either not relevant to the project or clearly not at levels that were deemed significant for consideration given the nature and location of the proposed project. 5) Section V sets forth findings regarding significant or potentially significant environmental impacts identified in the PEIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of project design features and/or mitigation measures. In order to ensure compliance and implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program ("MMRP") for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and/or mitigation measures, these findings specify how those impacts were reduced to an acceptable level. Section V also includes findings regarding those significant or potentially significant environmental impacts identified in the PEIR that will or may result from the project and which the City has determined cannot feasibly be mitigated to a less than significant level. 6) Section VI sets forth findings regarding alternatives to the proposed project. 7) Section VI sets forth the statement of overriding considerations for the proposed project. 8) Section VIII sets forth the resolution regarding certification of the PEIR 9) Section IX sets for the resolution adopting a mitigation and monitoring plan for the proposed project. 10) Section X sets for the resolution regarding custodian of records for the proposed project. B. RECORD OF PROCEEDINGS For purposes of CEQA and these Findings, the Record of Proceedings for the proposed project consists of the following documents and other evidence, at a minimum: ■ The NOP and all other public notices issued by the City in conjunction with the proposed project ■ The Draft PEI R for the proposed project ■ The Recirculated Draft PEIR Santa Ana General Plan Update CE oT ac an Of aemen 37 — 132 72 v2ctoer 2021e ri ingonsiderations -4- ■ The Final PEI R for the proposed project ■ The Final Recirculated PEIR for the proposed project including the Updated Draft PEIR (Volume II and III of the Final Recirculated PEIR) ■ All written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Draft PEIR ■ All responses to written comments submitted by agencies or members of the public during the public review comment period on the Recirculated Draft PEIR ■ All written and verbal public testimony presented during a noticed public hearing for the proposed project ■ The Mitigation Monitoring and Reporting Program ■ The reports and technical memoranda included or referenced in the Response to Comments ■ All documents, studies, EIRs, or other materials incorporated by reference in the Draft PEIR, Recirculated Draft PEIR, Final PEIR and Final Recirculated PEIR ■ The Resolutions adopted by the City of Santa Ana in connection with the proposed project, and all documents incorporated by reference therein, including comments received after the close of the comment period and responses thereto ■ Matters of common knowledge to the City of Santa Ana, including but not limited to federal, state, and local laws and regulations ■ Any documents expressly cited in these Findings ■ Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e) The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Santa Ana Planning Division Counter. The custodian for these documents is the City of Santa Ana. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). C. CUSTODIAN AND LOCATION OF RECORDS The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Santa Ana Planning Division, 20 Civic Center Plaza, M-20, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 133 72 v2ctoer 2021e ri ingonsiderations -5- Santa Ana, CA 92701. The City's Planning Division is the custodian of the administrative record for the project. Copies of these documents, which constitute the record of proceedings, are and at all relevant times have been and will be available upon request at the offices of the Planning Division Counter. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). Santa Ana General Plan Update CE oT ac an Of aemen 37 — 134 72 v2ctoer 2021e ri ingonsiderations -6- II. PROJECT SUMMARY A. PROJECT LOCATION Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of Newport Beach. Orange County is surrounded by the counties of Los Angeles, San Bernardino, Riverside, and San Diego and is one of six counties comprising the Southern California Region. Santa Ana is bordered by Orange and unincorporated areas of Orange County to the north, Tustin to the east, Irvine and Costa Mesa to the south, and Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel in its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. Regional access to the city is provided by the Garden Grove Freeway (SR-22) and the Orange Freeway (SR-57) on the north, the Santa Ana Freeway (1-5) on the northeast, the Costa Mesa Freeway (SR-55) on the east, and the San Diego Freeway (I-405) on the south. B. PROJECT DESCRIPTION In March 2014, the City Council adopted the Santa Ana Strategic Plan. The Strategic Plan was the result of an extensive community outreach process and established specific goals, objectives, and strategies to guide the City's major efforts. One of the key strategies identified was to complete a comprehensive update of the existing General Plan. The General Plan Update (GPU) will provide long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045. The General Plan Update will identify areas of opportunity and provide options to enhance development potential in key areas of the city. It will also bring the city into compliance with recent State laws, reflect current conditions, and incorporate input from the general public, City staff, and other stakeholders. The proposed GPU is organized into three sections: I, Services and Infrastructure; II, Natural Environment; and III, Built Environment. The proposed GPU addresses the eight topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements of the general plan. The 12 proposed elements of the GPU will replace the 16 elements of the current General Plan. The GPU will incorporate the current 2014-2021 housing element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in early 2022 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed General Plan update are: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 135 72 v2ctoer 2021e ri ingonsiderations -7- Mandatory Topics ■ Land Use Element ■ Circulation Element ■ Housing Element ■ Open Space Element ■ Conservation Element ■ Safety Element ■ Noise Element Optional Topics ■ Public Services Element ■ Urban Design Element ■ Community Element ■ Economic Prosperity Element ■ Historic Preservation Element The proposed GPU is comprehensive both in its geography and subject matter. It addresses the entire territory within the plan area's boundary and the full spectrum of issues associated with management of the plan area. The GPU also includes forecasts of long-term conditions and outlines development goals and policies; exhibits and diagrams; and the objectives, principles, standards, and plan proposals throughout its various elements. The GPU can be found online at https://www.santa-ana.org/general-plan. The General Plan Policy Framework can be accessed at https://www.santa-ana.org/sites/default/files/pb/general- plan/documents/General Plan PolicyFrameworkMaster. DRAFT.cmo2. pdf. Coordination and consistency are essential between the elements of the GPU, but in particular with the land use element. The circulation element, which identifies proposed improvements to the transportation system, may impact surrounding land uses and future development. The urban design element sets forth policies and programs to improve the city's design and urban form. The conservation element protects and maintains the city's natural, cultural, and other resources, with a focus on preserving aesthetics and the environmental quality of the city. Both the land use element and the circulation element are described in more depth below. Focus areas and specific plan/special zoning areas are also described. Updated Land Use Element The updated land use element will guide growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) within the plan area by designating land uses as shown in the proposed land use map. Figure 3-7 of the Updated Draft PEIR (Volume II of the Final Recirculated PEIR) shows the 13 proposed land use designations of the General Plan update, and Table 3-4 gives a general description of the land use designations that are added to the GPU and were not in the current General Plan. Land use designations define the type and nature of development that would be allowed in a given location of the plan area. The land use designations and patterns are intended to provide the basis for more detailed zoning designations and development intensities, requirements, and standards established in the City's development code. It is important to note that the updated land use element is a regulatory document that defines the framework for future growth and development in the plan area but does not directly result in Santa Ana General Plan Update CE Of o � acanaemen 37 — 136 72 v2ctoer 2021e ri ing onsiderations -8- development in and of itself. Before any project can be developed in the plan area, it must be analyzed for conformance with the General Plan Update, zoning requirements, and other applicable local and state requirements; comply with the requirements of CEQA; and obtain all necessary clearances and permits Uodated Circulation Element The circulation element update is integrally related to federal, state, and regional transportation programs as well as local plans and regulations. The City's role in transportation planning has become increasingly important because recent legislation in the areas of growth management, congestion management, and air quality require more active local coordination to meet regional objectives. Furthermore, the circulation element update is intended to guide future development of the city's transportation system in a manner consistent with the updated land use element. The Master Plan of Streets and Highways (MPSH) details proposed street classifications to reflect buildout of the city's roadway system. The street classifications include Freeway, Major Arterial, Primary Arterial, Secondary Arterial, Divided Collector Arterial, and Collector Arterial. As part of the implementation of complete streets principles,' a series of modifications to the city's roadway network has been identified and includes both the reclassification of roadways and assignment of new MPSH roadway classifications to selected existing streets. A number of proposed roadway reclassifications, adoptions, and removals from the MPSH are as follows: ■ Reclassified as Divided Collector Arterial: Santa Clara Avenue west of Tustin Avenue (currently Secondary Arterial) • Flower Street between Warner Avenue and 1 st Street (currently Secondary Arterial) • Chestnut Avenue between Standard Avenue and eastern city limit (currently Secondary/Primary Arterial) • Raitt Street between Segerstrom Avenue and Santa Ana Boulevard (currently Secondary Arterial) • Civic Center Drive between Fairview Street and Bristol Street (currently Secondary Arterial) • Penn Way between 1-5 on/off ramps and Washington Avenue (currently Secondary Arterial) • Santiago Street between 15th Street and 6th Street (currently Secondary Arterial) • Standard Avenue between 6th Street and Warner Avenue (currently Secondary Arterial) ' Complete streets are transportation facilities that are planned, designed, operated, and maintained to provide safe mobility for all users, including bicyclists, pedestrians, transit vehicles, truckers, and motorists, appropriate to the function and context of the facility. Santa Ana General Plan Update CE Of o � acanaemen 37 — 137 72 v2ctoer 2021e ri ing onsiderations -9- • Santa Ana Boulevard between French Street and Santiago Street (currently Primary Arterial) • Santa Ana Boulevard between Raitt Street and Flower Street (currently Major Arterial) • Cambridge Street between Fairhaven Avenue and SR-22 freeway (currently Local Arterial) • Hazard Avenue between Euclid Street and Harbor Boulevard (currently Secondary Arterial) • Halladay Avenue between Warner Avenue and Dyer Road (currently Secondary Arterial) • McFadden Avenue between Harbor Boulevard and Grand Avenue (currently Secondary Arterial) • Broadway between 1 st Street and 17th Street (currently Secondary Arterial) • 4th Street between French Street and Grand Avenue (currently Primary/Secondary Arterial) • Fairhaven Avenue from Grand Avenue to Tustin Avenue (currently Secondary Arterial) ■ Reclassified as Primary Arterial: Santa Ana Boulevard between Flower Street and Ross Street (currently a Major Arterial) 1 st Street between Bristol Street and Tustin Avenue (currently Major Arterial) ■ Reclassify as Collector Arterial: Civic Center Drive between French Street and Santiago Street (currently a Secondary Arterial) ■ Add the following to the MPSH as Divided Collector Arterial: Greenville Street between Segerstrom Avenue and Warner Avenue ■ Add the following to the MPSH as Collector Streets: Civic Center Drive between Spurgeon Street and Santiago Street (currently Local Street) Broadway from Anahurt Street to Main Street (currently Local Road) ■ Remove the following from the MPSH Memory Lane from the City Center Drive to SR-22 Wright Street from 14th Street to Fruit Street 4th Street from French Street to Ross Street Washington Avenue from Broadway to Main Street 10th street from Broadway to Main Street Columbine Avenue from Main Street to 55 FWY Halladay street from Dyer Road to Alton pkwy Santa Ana General Plan Update CE oT ac an Of aemen 37 — 138 72 v2ctoer 2021e ri ingonsiderations -10- The majority of the proposed reclassifications aim to reduce existing rights -of -way for vehicular traffic lanes to make room for bicycle and pedestrian improvements. Landmark streets are also identified within or adjacent to the Santa Ana Downtown Historic District, which is listed on the National Register of Historic Places. The circulation element update incorporates the proposed Santa Ana -Garden Grove Fixed Guideway project, which will introduce new transit service to the city. Santa Ana is working with Garden Grove and Orange County Transit Authority to build a fixed guideway system called the OC Streetcar. Expected to begin operations in 2021, the OC Streetcar will link the Santa Ana Regional Transportation Center to a new multimodal hub at Harbor Boulevard/Westminster Avenue in Garden Grove. OC Streetcar will serve historic downtown Santa Ana and Civic Center. Along its four -mile route, OC Streetcar will connect with 18 Orange County Transit Authority bus routes and increase transportation options along Santa Ana Boulevard, 4th Street, the Pacific Electric right-of-way, and Harbor Boulevard. Focus Areas 1. South Main Street Focus Area The South Main Street focus area introduces the opportunity for greater flexibility and a more dynamic mix of land uses and urban design along the properties fronting Main Street. The intent is to transition an auto -dominated corridor into a transit- and pedestrian -friendly corridor through infill development without disrupting the surrounding lower -density neighborhoods. The objectives of this focus area are: ■ Facilitate redevelopment and property improvements along Main Street. ■ Create a more active and dynamic streetscape. ■ Protect established residential neighborhoods. ■ Support transit, pedestrian, and nonmotorized travel. The majority of properties fronting Main Street will be designated Urban Neighborhood, allowing for future development to include commercial uses, low- and medium -density housing, or a combination of both in a vertically mixed -use format. South of Warner Avenue, the Industrial/Flex designation will offer new options for small-scale manufacturing, live -work, and retail opportunities. The balance of the focus area will remain designated for Low Density Residential or Institutional to reflect the existing development patterns and land uses. New buildings and spaces will be sensitive to the surrounding low -density neighborhoods while still emphasizing the creation of active and attractive urban spaces. 2. Grand Avenue / 17th Street Focus Area The Grand Avenue / 17th Street focus area will foster the development of an urban mixed -use corridor connecting into the city's downtown and transit core. The intent is to create opportunities Santa Ana General Plan Update CE oT ac an Of aemen 37 — 139 72 v2ctoer 2021e ri ingonsiderations -11- for a new mix of land uses and design to transition Grand Avenue from a series of auto -oriented shopping plazas to a series of dynamic urban spaces. The objectives of this focus area are: ■ Create mixed -use corridors and urban villages. ■ Promote infill development while respecting established neighborhoods. ■ Foster community spaces and neighborhood -serving amenities. ■ Develop opportunities for live -work, artist spaces, and small-scale manufacturing. ■ Maintain compatible nodes of commercial activity. The majority of land in this focus area is planned for Urban Neighborhood or District Center land use designations, which will allow a blend of residential and commercial uses to develop simultaneously, as market conditions allow. An intense mixed -use area is envisioned adjacent to the Santa Ana Regional Transportation Center, along the east side of Grand Avenue south of 1-5. This part of the focus area will support larger, more visually dynamic buildings and urban spaces that complement and benefit from the adjacent regional transit center. North of 1-5, the buildings and spaces will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. A mix of residential, retail, and office will be interspersed along the frontage of Grand Avenue, with a concentrated node of commercial and mixed -use residential uses at Grand Avenue and 17th Street. A small portion of the focus area is designated for Industrial/Flex and General Commercial to support small-scale manufacturing, live -work, and retail opportunities will be located along 17th Street near the Regional Transportation Center. 3. West Santa Ana Boulevard Focus Area The West Santa Ana Boulevard focus area connects the Harbor Mixed Use Transit Corridor Specific Plan area and Downtown Santa Ana, and the OC Streetcar Project improvements will create the physical transit link in 2022. The intent is to transition a group of auto -oriented neighborhoods, businesses, and institutions into a series of transit -oriented neighborhoods that support and benefit from future streetcar stops. The objectives of this focus area are: ■ Develop housing and mixed -use opportunities near streetcar stations. ■ Promote infill development while respecting established neighborhoods. ■ Buffer industrial land uses and residential neighborhoods. ■ Create opportunities for clean industrial/maker-type spaces. 4. 55 Freeway / Dyer Road Focus Area The 55 Freeway / Dyer Road focus area will transition from almost exclusively professional office to a range of commercial, industrial/flex, and mixed -use development. The intent is to create opportunities for a truly urban lifestyle with easy access to Downtown Santa Ana, multiple transit options, and the new investments and amenities in adjacent communities. The objectives of this focus area are: ■ Provide housing opportunities at an urban level of intensity at the city's edge. Santa Ana General Plan Update CE i �� ac an a emen 37 — 140 12/7/ 0211 Of ve ri ing onsiderations -12- 2ctoer 2021 ■ Enhance opportunities for corporate offices. ■ Attract economic activity into the city from surrounding communities. ■ Protect industrial and office employment base. ■ Maintain hotel and commercial uses. The overall scale and experience of the focus area along the freeway and city boundary will reflect an urban intensity and design, with inspiring building forms and public spaces. At the southeastern edge, the District Center land use designation will facilitate large residential mixed -use developments in structures that incorporate high -density housing, hotels, and complementary expansions of commercial uses. Adjacent to the 55 freeway, the Industrial/Flex land use designation will promote large-scale office -industrial flex spaces, multilevel corporate offices, and research and development uses. The node surrounding the freeway interchange will remain as currently planned for General Commercial uses, with new improvements introducing development and spaces that complement the existing examples and elements. South Bristol Street Focus Area The South Bristol Street focus area represents Santa Ana's southern gateway and is a part of the South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto -oriented shopping plazas to walkable, bike - friendly, and transit -friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The objectives of this focus area are: ■ Capitalize on the success of the South Coast Metro area. ■ Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented. ■ Provide for mixed -use opportunities while protecting adjacent, established, low -density neighborhoods. Between MacArthur Boulevard and Alton Avenue, the form and intensity will scale down but remain distinctly urban in nature. The redevelopment of the auto -oriented commercial plazas will result in the construction of landmark buildings and structures set in and around spaces accessible to future occupants and the general public. The corridor north of Alton Avenue is planned with the Urban Neighborhood land use designation, allowing for commercial and residential projects, frequently in a mixed -use format, to develop in accordance with market fluctuations. The buildings and spaces in this part of the focus area will be sensitive to the surrounding low -density neighborhoods but will still emphasize the creation of active and attractive urban spaces. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 141 72 v2ctoer 2021e ri ingonsiderations -13- Specific Plan/Special Zoning There are seven planning areas that represent specific plans and other special zoning areas that were previously adopted: Adaptive Reuse Project Incentive Area (2014), Bristol Street Corridor Specific Plan (1991/2018), Harbor Mixed Use Transit Corridor Specific Plan (2014), MainPlace Specific Plan (2019), Metro East Mixed -Use Overlay Zone (2007/2018), Midtown Specific Plan (1996), and Transit Zoning Code Specific Development (2010). The most recent adoption/amendment date for each document is noted in parentheses Adaptive Reuse Project Incentive Area The Adaptive Reuse Ordinance, Section 41-1651 of the Santa Ana Municipal Code, provides alternative building and fire standards for the conversion of eligible buildings, or portions thereof, from nonresidential uses to dwelling units, guest rooms or joint living, and work quarters. Eligible structures are buildings within the Adaptive Reuse project incentive area that were constructed in accordance with building and zoning codes in effect prior to July 1, 1974, or which have been determined to be a Historically Significant. The Project Incentive Area includes properties in the Midtown Specific Plan area; the Transit Zoning Code area; the Metro East Mixed -Use Overlay Zone; the North Main Street Corridor on both sides of Main Street, from 17th Street to the northernmost MainPlace Drive; and the East 1 st Street Corridor on both sides of 1 st Street from Grand Avenue to Elk Lane. Residential uses are allowed in the Project Incentive Area irrespective of the underlying zoning as part of an approved Adaptive Reuse Project. Harbor Mixed Use Transit Corridor Specific Plan The Harbor Mixed Use Transit Corridor Specific Plan covers the 2.5-mile segment of Harbor Boulevard on the west side of Santa Ana. The approximately 305-acre planning area includes parcels adjacent to Harbor Boulevard between Westminster Avenue and Lilac Avenue as well as parcels along Westminster Avenue, 1st Street, and 5th Street. The Harbor Mixed Use Transit Corridor Specific Plan creates the zoning necessary to take advantage of the regional and local transit investments made along and around Harbor Boulevard. The plan expands development options to include residential alongside or integrated into a mix of nonresidential uses. MainPlace Specific Plan The purpose of the MainPlace Specific Plan is to transform MainPlace mall into a family -oriented retail, entertainment, and dining destination. The plan creates a mixed -use urban village with a revitalized mall at its central core. The Specific Plan area is on the north edge of Santa Ana, between Main Street on the east and SR-22 and 1-5 to the north and west. The property is identified in the current General Plan land use element as District Center. The District Center designation includes the major activity areas of the city, designed to serve as anchors to the city's commercial corridors and to accommodate major development activity. No General Plan amendment is required for the specific plan, and the MainPlace Specific Plan is the zoning for the property and defines the allowable uses within its boundaries. Santa Ana General Plan Update CE i o� ac an Statement 37 — 142 12/7/ 0211 Of ve ri ing onsiderations -14- 2ctoer 2021 Metro East Mixed -Use Overlay Zone The Metro East Mixed Use (MEMU) Overlay Zone consists of an original MEMU Overlay Zone and an expansion component. The original MEMU Overlay Zone is largely developed with commercial and office uses and comprises approximately 200 acres immediately east of the 1-5 and immediately west of SR-55. It is bounded by 1-5 on the west and south, Tustin Avenue on the east, and East Sixth Street on the north. The MEMU expansion area added 33.52 acres or approximately 48 parcels to the original MEMU Overlay Zone area. The additional project area extends west primarily along First Street and is generally bounded by the 1-5 to the east, Grand Avenue to the west, East Chestnut Avenue to the south, and Fourth Street to the north. The overall objectives of the MEMU Overlay Zone are to encourage a more active commercial and residential community, provide an expanded economic base, maximize property sales tax revenues, improve the jobs/housing balance within the city, and provide for a range of housing options identified in the 2014 housing element. Midtown Specific Plan The Midtown Specific Plan area is generally bounded by 17th Street to the north, Civic Center Drive to the south, North Ross Street to the west, and North Spurgeon Street to the east. The Midtown area is readily accessible from the Santa Ana Freeway (1-5). Midtown is envisioned as an integrated district of civic, business, cultural, and retail activity with a small residential component. Transit Zoning Code Specific Development The City adopted a Transit Zoning Code to provide zoning for the integration of new infill development into existing neighborhoods; to allow for the reuse of existing structures; to provide for a range of housing options, including affordable housing; and to provide a transit -supportive, pedestrian -oriented development framework to support the addition of new transit infrastructure. The code encompasses an area in the central urban core of Santa Ana that comprises over 100 blocks and 450 acres. The area is west of 1-5 and bounded by First Street on the south, Flower Street on the west, Grand Avenue on the east, and Civic Center Drive on the north. General Plan Buildout Scenario In general, many areas currently designated for General Commercial and Professional Office will expand opportunities for residential development by a proposed change in General Plan land use designation to Urban Neighborhood or District Center. Industrial Flex will be introduced in each of the five focus areas and replace Industrial land use designations that currently exist to allow for cleaner industrial and commercial uses with live -work opportunities. Furthermore, state law allows a graduated density bonus for the inclusion of affordable housing units For an increasing amount of affordable units (by percentage), a project is allowed an increasing ability to exceed the permitted density (up to a cap of 35 percent). Recent updates to state housing law (Assembly Bill 1763, effective January 1, 2020), enables projects that are 100 Santa Ana General Plan Update CE oT ac an Of aemen 37 — 143 72 v2ctoer 2021e ri ingonsiderations -15- percent affordable (either 100 percent lower income or 80 percent lower and 20 percent limited moderate), to obtain a density bonus of 80 percent, or no limit if within one-half mile of a major transit stop. However, not every proposed project pursuant to the GPU would include affordable units, and not every project that includes affordable units would need a density bonus. Proposed projects pursuant to the GPU are not required to build at densities that exceed maximum limits; the law only requires that jurisdictions grant the density bonus if requested. The buildout methodology for the GPU was based on past development trends, current development trends, and a forecast market analysis. These trends accounted for any units approved (density bonus or otherwise), to determine the appropriate density and amount of development to assume. Additionally, the optimal density of affordable units is at or below the density levels assumed for forecasting buildout. Generally, projects beyond 50 to 70 units per acre require Type 1 construction (steel and concrete structure), which is much more expensive than Type V construction (wood structure). Accordingly, affordable projects are rarely greater than 70 units per acre except for very small parcels. The average densities used to calculate projected buildout at 2045 are 50 to 90 units per acre in the three most intense focus areas; 55 Freeway/Dyer Road, Grand Avenue/17th Street, and South Bristol Street focus areas. For the remaining two focus areas, a residential assumption at 30 units per acre was used over a broad area to account for development at or above the maximum density of 30 units per acre. The maximum is 20 units per acre for projects proposed exclusively residential in the South Main Focus Area. The maximum is 30 units per acre for a relatively small part of the West Santa Ana Boulevard Focus Area. The City's buildout projections are therefore considered to include and account for the application of density bonus provisions of state law to future projects. Furthermore, the potential for development in specific plan and special zoning areas is based on the forecast buildout at the time of the respective zoning document's adoption, minus the amount of new development built between the adoption date and 2019. Growth outside of the focus areas and special planning areas is expected to be incremental and limited. Some growth was projected for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. Some growth was also projected for the commercial and retail area south of the West Santa Ana Boulevard focus area. Finally, some additional residential development is expected on a small portion (5 percent) of single-family and multifamily lots through the construction of second units. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. C. DISCRETIONARY ACTIONS AND APPROVALS Project development requires the following discretionary actions and approvals from the City: ■ Adoption of the Santa Ana General Plan update ■ Certification of PEIR Santa Ana General Plan Update CE oT ac an Of aemen 37 — 144 72 v2ctoer 2021e ri ingonsiderations -16- ■ Adoption of Findings of Fact and Statement of Overriding Considerations ■ Adoption of the Mitigation Monitoring Program ■ Adoption of any ordinances, guidelines, programs, actions, or other mechanisms that implement the Santa Ana General Plan update D. STATEMENT OF PROJECT OBJECTIVES The updated General Plan is based on a vision statement and core values established as part of an extensive, multiyear community outreach effort. The City has identified the following core values to guide the General Plan Update (GPU): ■ Health. The people of Santa Ana value a physical environment that encourages healthy lifestyles, a planning process that ensures that health impacts are considered, and a community that actively pursues policies and practices that improve the health of our residents. ■ Equity. Residents value taking all necessary steps to ensure equitable outcomes, expanding access to the tools and resources that residents need, and balancing competing interests in an open and democratic manner. ■ Sustainability. Santa Ana values land use decisions that benefit future generations, plans for the impacts of climate change, and incorporates sustainable design practices at all levels of the planning process. ■ Culture. The Santa Ana's community values efforts that celebrate our differences as a source of strength, preserve and build upon existing cultural resources, and nurture a citywide culture of empowered residents. ■ Education. Santa Ana values the creation of lifelong learners, the importance of opening up educational opportunities to all residents, and investing in educational programs that advance residents' economic well-being. These core values were used as the basis to define more specific project objectives to aid decision makers in their review of the GPU and associated environmental impacts. The objectives include: 1. Promote infill development while respecting and protecting established neighborhoods. 2. Optimize high density residential and mixed -use development that maximizes potential use of mass transit. 3. Provide locations for new housing development that maximizes affordable housing opportunities to achieve both City and regional housing goals. 4. Facilitate new development at intensities sufficient to generate community benefits and attract economic activity. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 145 72 v2ctoer 2021e ri ingonsiderations -17- 5. Provide housing and employment opportunities at an urban level of intensity at the City's edge. g. Introduce mixed -use urban villages and encourage experiential commercial uses that are more walkable, bike -friendly, and transit -oriented. 7. Develop opportunities for live/work, artist spaces, and small-scale manufacturing. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 146 72 v2ctoer 2021e ri ingonsiderations -18- III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION PROCESS In conformance with CEQA, the State CEQA Guidelines, and the City of Santa Ana CEQA Guidelines, the City conducted an extensive environmental review of the proposed project. ■ The City of Santa Ana concluded that a PEIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from February 26, 2020, through March 27, 2020. The NOP was posted at the Orange County Clerk's Office on February 26, 2020. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a lead agency may proceed directly with preparation of a PEIR without preparation of an Initial Study if it is clear that a PEIR will be required (State CEQA Guidelines § 15060[d]). The City of Santa Ana made such a determination for this project and did not prepare an Initial Study. ■ Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the PEIR was held on March 5, 2020, at 6:00 p.m. at the Santa Ana Police Community Room at 60 Civic Center Plaza in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on February 26, 2020. ■ Preparation of a Draft PEIR by the City of Santa Ana, which was made available for a 45- day public review period (August 3, 2020, through September 16, 2020) and extended to October 6, 2020. The Notice of Availability (NOA) for the Draft PEI R was sent to all persons, agencies, and organizations on the list interested persons, sent to the State Clearinghouse in Sacramento for distribution to public agencies, and published in the August 3, 2020, Orange County Register. The NOAwas posted at the Orange County Clerk's Office on August 3, 2020. Copies of the Draft PEIR were made available for public review at the City of Santa Ana, Planning Division Counter at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft EIR was also available for review and download on City website: https://www.santa- ana.org/general-plan. ■ The Final PEIR contained comments on the Draft PEIR, responses to those comments, revisions to the Draft PEIR, if any, and appended documents. The Final PEIR was released for a 10-day agency review period prior to certification of the Final PEIR. ■ At its November 9, 2020, public hearing, the Planning Commission voted not to certify the Final PEIR and continue work on the GPU to a future date to allow additional time for outreach to Santa Ana's environmental justice (EJ) communities. ■ The City performed an intensive, extended community outreach program conducted between January and May 2021 as described in Section 2.4 of the Updated Draft PEIR (Volume II of the Recirculated Final PEIR). ■ Pursuant to Draft PEIR comments, the Planning Commission public hearing, and an expanded EJ community outreach program, the City made the decision to prepare a Santa Ana General Plan Update CE oT ac an Of aemen 37 — 147 72 v2ctoer 2021e ri ingonsiderations -19- Recirculated Draft PEIR to discuss and evaluate impacts related to environmental justice, to conclude that the recreation -related impacts of the proposed GPU would result in a significant impact, and to define a new project alternative to reduce recreational impacts. ■ The City recirculate the Draft PEIR chapters that had been revised and the NOA was released for a 45-day public review period from August 6, 2021 through September 20, 2021. The NOA directed reviewers to only submit comments on the revised Draft PEIR chapters included in the Recirculated Draft PEIR since the comments in the Final PEIR adequately addressed comments received on portions of the Draft PEIR that had not been recirculated. ■ One September 13th, the City conducted a Planning Commission Study Session to discuss the Recirculated Draft PEIR. Verbal comments from the public, received during the Study Session were addressed in the Final Recirculated PEIR. ■ After considering the PEIR and in conjunction with making these findings, the City of Santa Ana hereby finds that, pursuant to Section 15092 of the CEQA Guidelines, approval of the project will result in significant effects on the environment; however, the significant effects will be eliminated or substantially lessened where feasible, and the City has determined that remaining significant effects are acceptable under Section 15093. ■ The Mitigation Monitoring and Reporting Program is hereby adopted to ensure implementation of feasible mitigation measures identified in the PEIR. The City of Santa Ana finds that these mitigation measures are fully enforceable conditions on the project and shall be binding upon the City and affected parties. ■ The City of Santa Ana finds that the project is in the public interest and is necessary for the public health, safety, and welfare. ■ The City of Santa Ana hereby certifies the Final Recirculated PEIR in accordance with the requirements of CEQA. ■ Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be retained in the project files; b) copy of the Final Recirculated PEIR and CEQA Findings of Fact shall be provided to all CEQA "responsible" agencies. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 148 72 v2ctoer 2021e ri ingonsiderations -20- IV. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT A. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT DURING THE SCOPING PROCESS Based on the public scoping process (including review of NOP responses and input at the public scoping meeting), in addition to analysis prepared for the Draft PEIR, the City determined, based upon the threshold criteria for significance, that the project would have no impact or a less than significant impact on the following potential environmental issues (see Updated Draft PEIR, Chapter 8, Impacts Found Not to Be Significant). It was determined, therefore, that these potential environmental issues would be precluded from detailed discussion in the Draft PEIR. Based upon the environmental analysis presented in the Draft PEI R, and the comments received by the public on the Draft PEIR, no substantial evidence was submitted to or identified by the City which indicated that the project would have an impact on the following environmental areas: (a) Agriculture and Forestry Resources: The City does not have any significant agricultural resources. Additionally, Santa Ana has no land designated or zoned for agricultural use and does not have any land subject to a Williamson Act contract. Santa Ana does not have any land designated or zoned for forestland, timberland, or zoned Timberland Production. (b) Wildfire: According to CAL FIRE, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about 4.0 miles east along the western edge of Loma Ridge. The nearest FHSZ in an LRA is about 3.8 miles away at the southern tip of the Peters Canyon Regional Park. The city is not in or near SRAs or lands classified as very high FHSZs. Additionally, no area in the city is on the wildland-urban interface. All other topical areas of evaluation included in the Environmental Checklist were determined to require further assessment in the Draft PEIR. B. IMPACTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE PEIR This section identifies impacts of the proposed project determined to be less than significant without implementation of project -specific mitigation measures. This determination, however, does assume compliance with existing regulations, as detailed in each respective topical section of Chapter 5 in the Updated Draft PEIR. (a) Aesthetics: Buildout under the GPU will be at a greater intensity/density in all five focus areas compared to existing conditions. While maximum height would generally be similar to existing buildings, the overall increase in allowed intensity and height across the focus areas would lead to a visually denser urban setting and alter Santa Ana's existing skyline. Buildout under the GPU would not have a substantial adverse effect on scenic vistas (such as the Santa Ana River and Santiago Creek) since these existing open space parcels would remain unchanged. Additionally, no state scenic highways, eligible or officially designated, traverse the city nor are located near the city. Therefore, the GPU would not damage scenic resources, including rock outcroppings, trees, and historic buildings within state scenic Santa Ana General Plan Update CE i oT ac an a emen 37 — 149 12/7/ 0211 Of ve ri ing onsiderations -21- 2 ctoer 2021 highways. The GPU would also create new sources of light or glare in the project area, but adverse impacts would be minimized with compliance to building codes. (b) Biological Resources: Development pursuant to the GPU would not impact riparian habitat or other sensitive natural communities. Additionally, the GPU would not impact wetlands and jurisdictional waterways. The GPU would not conflict with an adopted NCCP/HCP as the City is not within a NCCP/HCP area and would not conflict with local policies or ordinances protecting biological resources. (c) Cultural Resources: The likelihood that human remains may be discovered during clearing and grading activities is considered extremely low. In the unlikely event human remains are uncovered, impacts would be less than significant upon compliance with California and Safety Code Section 7050.5. (d) Energy: Implementation of proposed policies under the GPU, in conjunction with and complementary to regulatory requirements, will ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary. Additionally, the GPU would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. (e) Geology and Soils: The plan area's location and underlying geology make it likely to experience seismic hazards, including strong seismic ground shaking, and secondary hazards, like liquefaction. No active surface faults are mapped and zoned under the AP Zoning Act in the plan area. Additionally, all structures that would be constructed in accordance with the GPU would be designed to meet or exceed current design standards as found in the latest CBC. Most of the plan area is within an area susceptible to liquefaction; however, all structures constructed under the GPU would be designed in accordance with current seismic design standards as found in the CBC. There are no substantial hazards with respect to slope stability, as the plan area is mostly flat. Unstable geologic unit or soils conditions, including soil erosion, could result from development of the GPU. Mandatory compliance with existing regulations, including the preparation and submittal of a SWPPP and a soil engineering evaluation, would reduce soil erosion impacts to a less than significant level. Implementation of the CBC design code, which has been adopted by the City and requires that structures be designed to mitigate expansive and compressible soils, would reduce impacts to a less than significant level. The probability of subsidence impacts is generally low in the majority of Santa Ana; however, the statutorily required sustainable groundwater management practices of the Orange County Water District would ensure that impacts would be less than significant. Future development in the plan area would require connection to the City's sewer system as the City of Santa Ana does not allow for the installation of septic tanks. (f) Greenhouse Gas Emissions: The GPU would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 150 72 v2ctoer 2021e ri ingonsiderations -22- (g) Hazards and Hazardous Materials: Construction and operations under the GPU would involve the transport, use, and/or disposal of hazardous materials; however, compliance with existing regulations would ensure that construction workers and the general public are not exposed to any risks related to hazardous materials during demolition and construction. Furthermore, strict adherence to all emergency response plan requirements set by the Orange County Fire Authority would be required throughout the duration of project construction. GPU buildout is expected to result in some increase in the number of hazardous waste generators; however, hazardous wastes would be stored, transported, and disposed of in conformance with existing regulations of the EPA, US Department of Transportation, CalRecycle, and other agencies. Use, storage, transport, and disposal of hazardous materials in conformance with regulations would reduce both the likelihood of an accidental release and the potential consequences in the event of an accidental release. The plan area includes 555 sites on a list of hazardous materials compiled pursuant to Government Code Section 65962.5 that could create a significant hazard to the public or the environment. Any development, redevelopment, or reuse on or next to any of these sites would require environmental site assessment by a qualified environmental professional to ensure that the project would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. Santa Ana is in the vicinity of an airport or within the jurisdiction of an airport land use plan. Projects approved under the proposed GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. The buildout of the GPU would not result in substantial changes to the circulation patterns or emergency access routes, and would not block or otherwise interfere with use of evacuation routes. Buildout would not interfere with operation of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies. Santa Ana is not in a designated fire hazard zone, and implementation of the GPU will not expose structures and/or residences to wildland fire danger. (h) Hydrology and Water Quality: Projects pursuant to the GPU would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Development pursuant to the GPU would increase the demand on groundwater use but would not impede sustainable groundwater management of the basin. Development pursuant to the GPU would increase the amount of pervious surfaces in the plan area, but could substantially increase the rate or amount of surface runoff in some focus areas in a manner which would result in flooding off -site or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems. In flood hazard, tsunami, or seiche zones, development pursuant to the GPU would not risk release of pollutants due to project inundation or impede or redirect flood flows. Development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 151 72 v2ctoer 2021e ri ingonsiderations -23- pursuant to the GPU would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. (i) Land Use Planning: Implementation of the GPU would not divide an established community. Additionally, the GPU would be consistent with the Airport Environs Land Use Plan for the John Wayne Airport. Implementation of the GPU would be consistent with the goals of the Southern California Association of Governments' RTP/SCS. Implementation of the GPU would also be consistent with the OCTA Congestion Management Plan. (j) Mineral Resources: Project implementation would not result in the loss of availability of a known mineral resource. (k) Noise: The proximity of the plan area to an airport or airstrip would not result in exposure of future residents and/or workers to excessive airport -related noise. (1) Population and Housing: The proposed GPU would provide more housing opportunities than currently exist. Therefore, implementation of the GPU would not displace people and/or housing. (m) Public Services: The GPU would introduce new structures and allow for up to 22,361 new residents and workers in the OCFA and Santa Ana Police Department service boundaries, thereby increasing the requirement for fire protection facilities and personnel, as well as increasing the service needs for the Main Library and the Newhope Library Learning Center. The GPU would also generate additional students who would impact the school enrollment capacities of the Santa Ana Unified School District, Garden Grove Unified School District, and Orange Unified School District. However, upon implementation of regulatory requirements and standard conditions of approval the project would not create significant impacts related to fire protection services, police protection, library services, or school services. (n) Transportation and Traffic: The GPU is consistent with adopted programs, plans, and policies addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. Additionally, GPU implementation would result in a reduction of vehicle miles traveled per service population (VMT/SP) in comparison to existing City conditions, and would achieve a VMT/SP at least 15 percent lower than the countywide VMT/SP. Finally, circulation improvements associated with future development that would be accommodated by the GPU would be designed to adequately address potentially hazardous conditions (sharp curves, etc.), potential conflicting uses, and emergency access. (o) Utilities and Service Systems: Development pursuant to the GPU would require or result in the relocation or construction of new or expanded wastewater facilities. However, Orange County Sanitation District (OCSD) has a functioning and effective process in place to ensure the regional sewer infrastructure will support future developments under the Santa Ana GPU. Additionally, OCSD and OC Water District have adequate capacity to serve development pursuant to the GPU in addition to the providers existing commitments. Development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 152 72 v2ctoer 2021e ri ingonsiderations -24- pursuant to the GPU would require or result in the relocation or construction of new or expanded water facilities. However, the City would have adequate capacity for the proposed increases in water flows across the city under implementation of the GPU and would be able to serve the additional dwelling units and commercial square footage proposed. Furthermore, GPU policies encourage the maintenance and upgrade of water infrastructure through impact fees from new development, and the exploration of other funding sources. Water supply would be adequate to meet development pursuant to the GPU. Existing and/or proposed stormwater drainage facilities would be able to accommodate proposed development pursuant to the GPU. Existing and/or proposed solid waste facilities would be able to accommodate development pursuant to the GPU and comply with related solid waste regulations. Development pursuant to the GPU would require or result in the relocation or construction of new or expanded electric power and natural gas. However, the net increases in natural gas demands due to the GPU buildout are within the amounts that SoCalGas forecasts that it will supply to its customers, and buildout would not require SoCalGas to obtain increased natural gas supplies over its currently forecast supplies. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 153 72 v2ctoer 2021e ri ingonsiderations -25- V. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL IMPACTS The following potentially significant environmental impacts were analyzed in the PEI R, and the effects of the project were considered. Because of environmental analysis of the project and the identification of relevant General Plan policies; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures, some potentially significant impacts have been determined by the City to be reduced to a level of less than significant, and the City has found —in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." This is referred to herein as "Finding 1." Where the City has determined —pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." Where, as a result of the environmental analysis of the project, the City has determined that either (1) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." This is referred to herein as "Finding 3." A. IMPACTS MITIGATED TO LESS THAN SIGNIFICANT The following summary describes impacts of the proposed project that, without mitigation, would result in significant adverse impacts. Upon implementation of the mitigation measures provided in the PEIR, the impacts would be considered less than significant. 1. Air Quality Impact 5.2-6: Industrial land uses accommodated under the General Plan update could create other emissions, such as those leading to objectionable odors, that would adversely affect a substantial number of people. Industrial land uses associated with the GPU may generate potentially significant odor impacts for a substantial number of people. Impacts from potential odors generated from residential and other nonresidential land uses associated with the GPU are considered less than significant. Impacts associated with construction -generated odors are considered less than significant. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 154 72 v2ctoer 2021e ri ingonsiderations -26- The Industrial and Industrial Flex land uses are not anticipated to produce odors, and Mitigation Measure AQ-4 would ensure that odor impacts are minimized and facilities would comply with South Coast AQMD Rule 402. Therefore, Impact 5.2-6 would be less than significant. Mitigation Measures AQ-4 Prior to discretionary approval by the City of Santa Ana, if it is determined that a development project has the potential to emit nuisance odors beyond the property line, an odor management plan shall be prepared by the project applicant and submitted to the City of Santa Ana for review and approval. Facilities that have the potential to generate nuisance odors include, but are not limited to: • Wastewater treatment plants • Composting, green waste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large -capacity coffee roasters • Food -processing facilities The odor management plan shall demonstrate compliance with the South Coast Air Quality Management District's Rule 402 for nuisance odors. The Odor Management Plan shall identify the best available control technologies for toxics (T-BACTs) that will be utilized to reduce potential odors to acceptable levels, including appropriate enforcement mechanisms. T-BACTs may include but are not limited to scrubbers (i.e., air pollution control devices) at the industrial facility. T-BACTs identified in the odor management plan shall be identified as mitigation measures in the environmental document prepared for the development project and/or incorporated into the project's site plan. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 2. Biological Resources Impact 5.3-1: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The inventory of existing conditions determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has Santa Ana General Plan Update CE oT ac an Of aemen 37 — 155 72 v2ctoer 2021e ri ingonsiderations -27- sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Therefore, there is no current indication that future development in accordance with the GPU would have significant unavoidable biological impacts. However, the programmatic analysis prepared for this GPU was not at the detailed, site -specific analysis required for a specific development project. Site -specific analyses could reveal biological resources not identified in the Biological and Natural Resources Report. Therefore, there is a potential for biological impacts associated with implementation of the GPU. Therefore, implementation of the GPU could result in a potentially significant impact. The letter received from CDFW states that the Santa Ana River and its tributaries historically supported federally endangered southern California steelhead. CDFW's letter requests that the Draft PEI R include an analysis of any proposed major stream crossings in the context of fish passage, and states that the analysis should include, but not be limited to, steelhead presence or historic presence, existing conditions including habitat and barrier assessments, any known projects to remove barriers or restore habitat that would affect or be affected by this project, and cumulative impacts to steelhead populations and/or habitat resulting from this project. The GPU does not propose any major stream crossings. If any future development project entails improvements for stream crossings (e.g. Santa Ana River and Santiago Creek), project -level CEQA compliance would require a biological resources report that would address potential impacts to endangered species, including the California steelhead. Impact 5.3-1 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures BIO-1 For development or redevelopment projects that would disturb vegetated land or major stream and are subject to CEQA, a qualified biologist shall conduct an initial screening to determine whether a site -specific biological resource report is warranted. If needed, a qualified biologist shall conduct a field survey for the site and prepare a biological resource assessment for the project, including an assessment of potential impacts to sensitive species, habitats, and jurisdictional waters. The report shall recommend mitigation measures, as appropriate, to avoid or limit potential biological resource impacts to less than significant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 156 72 v2ctoer 2021e ri ingonsiderations -28- Impact 5.3-4: Implementation of the General Plan Update could result in adverse impacts to candidate, sensitive, or special -status species. The City of Santa Ana is largely urbanized, and migration corridors are generally limited to the Santa Ana River and the Santiago Creek. Development under the GPU would result in the further infill of the city and removal of vacant sites. The GPU would not change land use designations of parcels that encompass the Santa Ana River or the Santiago Creek. However, development under the GPU could further result in vegetation removal, intrusion by humans and pets, and increased noise and air pollutants, which could impact wildlife movement and nesting sites. Therefore, the buildout of the GPU could affect wildlife movement, nesting sites, and migratory birds protected under the Migratory Bird Treaty Act as well as state law. Impact 5.3-4 would be less than significant with compliance with all applicable federal, state, and local regulations and incorporation of mitigation measure BIO-1. Mitigation Measures Refer to BIO-1 above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. 3. Cultural Resources Impact 5.4-2: Development in accordance with the General Plan Update could impact archaeological resources. Development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. Typically, surface -level and subsurface archaeological sites and deposits can be affected by ground -disturbing activities associated with most types of construction. Based on literature review and records searches, eight archaeological resources have been recorded within the plan area, including four prehistoric sites, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While most of the plan area has been developed over the course of the twentieth century, buried resources may remain in areas where developments such as parking lots, parks, or structures with shallow foundations have required only minimal ground disturbance. A review of historical and ethnographic maps indicates a moderate likelihood that intact subsurface archaeological resources would be encountered during redevelopment. Archaeological resources impacts are site specific, but more intensive development can result in cumulative impacts on a regional level and should be considered in addition to individual project Santa Ana General Plan Update CE oT ac an Of aemen 37 — 157 72 v2ctoer 2021e ri ingonsiderations -29- impacts on individual sites. As determined by the respective lead agency on a project by project basis, Phase I Cultural Resources studies would be required before ground disturbances and demolition activities are permitted to occur. The study would identify resources on the affected project sites that are, or appear to be, eligible for listing on the National or California Register. Such studies would also recommend mitigation measures to protect and preserve archaeological and tribal cultural resources. Mitigation Measures CUL-4 through CUL-7 were developed to reduce potential individual and cumulative impacts associated with future development and redevelopment. Mitigation Measure CUL-4 requires an archaeological resources assessment be conducted for future development projects to identify any known archaeological resources and sensitivity of the site. Mitigation Measures CUL-5 through CUL-7 detail the next steps required should the archaeological resources assessment identify known resources or determine the site to have high or moderate resource sensitivity. Upon compliance with Mitigation Measures CUL-4 through CUL-7, individual and cumulative impacts to archaeological resources would be reduced to less than significant levels. Mitigation Measures CUL-4 For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. CUL-5 If potentially significant archaeological resources are identified, and impacts cannot be avoided, a Phase II Testing and Evaluation investigation shall be performed by an archaeologist who meets the Secretary of the Interior's Standards to determine significance prior to any ground -disturbing activities. If resources are determined significant or unique through Phase II testing, and site avoidance is not possible, appropriate site -specific mitigation measures shall be undertaken. These might include a Phase III data recovery program implemented by a qualified archaeologist Santa Ana General Plan Update CE oT ac an Of aemen 37 — 158 72 v2ctoer 2021e ri ingonsiderations -30- and performed in accordance with the Office of Historical Preservation's "Archaeological Resource Management Reports (ARMR): Recommended Contents and Format" (OHP 1990) and "Guidelines for Archaeological Research Designs" (OHP 1991). CUL-6 If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist shall monitor all ground -disturbing construction and pre -construction activities in areas with previously undisturbed soil. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary's Standards, and tribal consultation shall be conducted in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. CUL-7 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures Santa Ana General Plan Update CE Of o � acanaemen 37 — 159 72 v2ctoer 2021e ri ing onsiderations -31- above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 4. Geology and Soils Impact 5.6-4: Future development that would be accommodated by the General Plan Update could impact known and unknown paleontological resources. Paleontological resources are recognized as nonrenewable and therefore receive protection under the California Public Resources Code and CEQA. Adoption of the GPU in itself will not directly affect paleontological resources. Long-term implementation of the GPU land use plan could allow development (e.g., infill development, redevelopment, and revitalization/restoration), including grading, of known and unknown sensitive areas. Grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past could potentially disturb paleontological resources. Therefore, future development that would be accommodated by the GPU could potentially unearth previously unrecorded resources. Review and protection of paleontological resources are also afforded by CEQA for individual development projects that would be accommodated by the GPU, subject to discretionary actions that are implemented in accordance with the land use plan of the GPU. Fossil localities have been found in the vicinity of the plan area, although not in the plan area itself. Mitigation Measures GEO-1 through GEO-3 prescribe requirements for monitoring based on the sensitivity of sites for paleontological resources. Under GEO-1, areas that range from high to low sensitivity are required to prepare a Paleontological Resources Monitoring and Mitigation Plan. With adherence to mitigation measures GEO-1 through GEO-3, Impact 5.6-4 would be less than significant. Mitigation Measures GEO-1 High Sensitivity. Projects involving ground disturbances in previously undisturbed areas mapped as having "high" paleontological sensitivity shall be monitored by a qualified paleontological monitor on a full-time basis. Monitoring shall include inspection of exposed sedimentary units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert activity away from exposed fossils to evaluate the significance of the find and, if the fossils are determined to be significant, professionally and efficiently recover the fossil specimens and collect associated data. The paleontological monitor shall use field data forms to record pertinent location and geologic data, measure stratigraphic sections (if applicable), and collect appropriate sediment samples from any fossil localities. GEO-2 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity, the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that Santa Ana General Plan Update CE oT ac an Of aemen 37 — 160 72 v2ctoer 2021e ri ingonsiderations -32- underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PER. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 5. Noise Impact 5.12-3: Buildout of the individual land uses and projects for implementation of the GPU may expose sensitive uses to excessive levels of groundborne vibration. Construction Vibration Impacts. Construction activity at projects within the plan area would generate varying degrees of ground vibration, depending on the construction procedures and equipment. Operation of construction equipment generates vibrations that spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the construction site varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Vibration from construction activities rarely reaches the levels that can damage structures but can achieve the audible and perceptible ranges in buildings close to the construction site. Vibration generated by construction equipment has the potential to be substantial, since it has the potential to exceed the FTA criteria for architectural damage (e.g., 0.12 inches per second [in/sec] PPV for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). Construction details and equipment for future project -level developments under the GPU are not known at this time but may cause vibration impacts. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 161 72 v2ctoer 2021e ri ingonsiderations -33- With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Operational Vibration Impacts. Commercial and industrial operations within the plan area would generate varying degrees of ground vibration, depending on the operational procedures and equipment. Such equipment -generated vibrations would spread through the ground and diminish with distance from the source. The effect on buildings in the vicinity of the vibration source varies depending on soil type, ground strata, and receptor -building construction. The results from vibration can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. In addition, future sensitive receptors could be placed within close proximity to existing railroad lines through buildout in the plan area. Because specific project -level information is not available at this time, it is not possible to quantify future vibration levels at vibration -sensitive receptors that may be near existing and future vibration sources. With implementation of Mitigation Measures N-2, N-3, and N-4, coupled with adherence to associated performance standards, Impact 5.12-3 would be reduced to less -than -significant levels. Specifically, Mitigation Measure N-2 would reduce potential vibration impacts during construction below the pertinent thresholds, and Mitigation Measures N-3 and N-4 (operations - related vibration) would reduce potential vibration impacts from commercial/industrial uses and proposed uses near existing railroads and facilities to less -than -significant levels. No significant and unavoidable vibration impacts would remain. Mitigation Measures N-2 Prior to issuance of a building permit for a project requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for non -engineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed Santa Ana General Plan Update CE oT ac an Of aemen 37 — 162 72 v2ctoer 2021e ri ingonsiderations -34- this threshold, alternative uses such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers shall be used. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. N-3 New residential projects (or other noise -sensitive uses) located within 200 feet of existing railroad lines shall be required to conduct a groundborne vibration and noise evaluation consistent with Federal Transit Administration (FTA)-approved methodologies. N-4 During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. 6. Tribal Cultural Resources Impact 5.17-1: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). The Sacred Land File search yielded positive results, indicating that known tribal resources exist within the plan area. Further, a CHRIS records search at SCCIC indicates that 23 archaeological resources were previously recorded within 0.5 mile of the plan area. Of these resources, eight archaeological resources were located within the plan area; these include four prehistoric sites with habitation debris and lithic scatters, one multicomponent site, and three historic isolates. The plan area includes many locations that would have been favorable for prehistoric Native American occupation. While the city is urbanized and most of the plan area has been developed, buried resources may remain in areas of minimal ground disturbance, such as parks, parking lots, and structures with shallow foundations. Tribal cultural resources are site specific in nature. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 163 72 v2ctoer 2021e ri ingonsiderations -35- Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Impact 5.17-2: The proposed project could cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the lead agency to be significant pursuant to criteria in Public Resources Code Section 5024.1(c). Future development as a result of the implementation of the GPU could include grading in portions of the City with sensitivity to tribal cultural resources. Grading and construction activities that require more intensive soil excavation than in the past could potentially cause disturbance to tribal cultural resources. Future development could potentially unearth previously unknown or unrecorded tribal cultural resources. Because the NAHC SLF search yielded positive results and the Gabrieleno Band of Mission Indians — Kizh Nation identified sensitive areas within the city, the buildout of the GPU may cause a substantial adverse change in the significance of tribal cultural resources. Earthwork activities may occur with buildout under the GPU that could impact previously undisturbed tribal cultural resources. Implementation of Mitigation Measures CUL-4 through CUL-7 would reduce impacts relating to tribal cultural resources to less than significant. Mitigation Measures Refer to Mitigation Measures CUL-4 through CUL-7 in section A.3, above. Finding Finding 1. The City hereby makes Finding 1. Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 164 72 v2ctoer 2021e ri ingonsiderations -36- B. SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The following summary describes the unavoidable adverse impact of the GPU where mitigation measures were found to be either infeasible or would not lessen impacts to less than significant. The following impacts would remain significant and unavoidable. 1. Air Quality Impact 5.2-1: The additional population growth forecast for the General Plan Update and the associated emissions would not be consistent with the assumptions of the air quality management plan. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-45 of the Updated Draft PEIR. The GPU would be inconsistent with the South Coast Air Quality Management Plan (AQMP) because buildout under the GPU would exceed the population estimates assumed for the AQMP and would cumulatively contribute to the nonattainment designations of the South Coast Air Basin (SoCAB). Buildout of the GPU would exceed current population estimates for the city, and therefore the emissions associated with the additional population are not included in the current regional emissions inventory for the SoCAB. Additionally, air pollutant emissions associated with buildout of the GPU would cumulatively contribute to the nonattainment designations in the SoCAB. Therefore, overall, the GPU would be inconsistent with the AQMP. Incorporation of Mitigation Measure AQ-2 into future development projects for the operation phase would contribute to reduced criteria air pollutant emissions associated with buildout of the GPU. Additionally, goals and policies in the GPU would promote increased capacity for alternative transportation modes and implementation of transportation demand management strategies. However, due to the magnitude and scale of the land uses that would be developed, no mitigation measures are available that would reduce operation and construction impacts below South Coast AQMD thresholds. In addition, the population and employment assumptions of the AQMP would continue to be exceeded until the AQMP is revised and incorporates the projections of the GPU. Therefore, Impact 5.2-1 would remain significant and unavoidable. Mitigation Measure AQ-2 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development Santa Ana General Plan Update CE oT ac an Of aemen 37 — 165 72 v2ctoer 2021e ri ingonsiderations -37- projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site -specific development that require refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in for the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEI R. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby Santa Ana General Plan Update CE oT ac an Of aemen 37 — 166 72 v2ctoer 2021e ri ingonsiderations -38- finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. However, the City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEI R, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Coast Air Quality Management District's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-47 of the Updated Draft PEIR. Buildout of the GPU would occur over a period of approximately 25 years or longer. Construction activities associated with buildout of the GPU could generate short-term emissions that exceed the South Coast AQMD'S significance thresholds during this time and cumulatively contribute to the nonattainment designations of the SoCAB. Implementation of Mitigation Measure AQ-1 would reduce criteria air pollutant emissions from construction -related activities to the extent feasible. However, construction time frames and equipment for site -specific development projects are not available at this time, and there is a potential for multiple development projects to be constructed at one time, resulting in significant construction -related emissions. Therefore, despite adherence to Mitigation Measure AQ-1, Impact 5.2-2 would remain significant and unavoidable. Mitigation Measures AQ-1 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction -related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be Santa Ana General Plan Update CE oT ac an Of aemen 37 — 167 72 v2ctoer 2021e ri ingonsiderations -39- incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: • Require fugitive -dust control measures that exceed South Coast AQMD's Rule 403, such as: ■ Use of nontoxic soil stabilizers to reduce wind erosion. ■ Apply water every four hours to active soil -disturbing activities. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 168 72 v2ctoer 2021e ri ingonsiderations -40- technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-3: Implementation of the General Plan Update would generate long-term emissions in exceedance of South Coast AQMD's threshold criteria. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-48 of the Updated Draft PEIR. Buildout in accordance with the GPU would generate long-term emissions that would exceed South Coast AQMD's regional significance thresholds and cumulatively contribute to the nonattainment designations of the SoCAB. Mitigation Measure AQ-2, in addition to the goals and policies of the GPU, would reduce air pollutant emissions to the extent feasible. The measures and policies covering topics such as expansion of the pedestrian and bicycle networks, promotion of public and active transit, and support to increase building energy efficiency and energy conservation would also reduce criteria air pollutants in the city. Further, compared to existing baseline year conditions, emissions of NOx, CO, and SOx are projected to decrease from current levels despite growth associated with the GPU. However, Impact 5.2-3 would remain significant and unavoidable due to the magnitude of the overall land use development associated with the GPU. Contributing to the nonattainment status would also contribute to elevating health effects associated with these criteria air pollutants. Reducing emissions would further contribute to reducing possible health effects related to criteria air pollutants. It is speculative for this broad -based GPU to determine how exceeding the regional thresholds would affect the number of days the region is in nonattainment, since mass emissions are not correlated with concentrations of emissions, or how many additional individuals in the air basin would suffer health effects. South Coast AQMD is the primary agency responsible for ensuring the health and welfare of sensitive individuals to elevated concentrations of air quality in the SoCAB, and at the present time it has not provided methodology to assess the specific correlation between mass emissions generated and the effect on health in order to address the issue raised in the Friant Ranch case. Ozone concentrations are dependent upon a variety of complex factors, including the presence of sunlight and precursor pollutants, natural topography, nearby structures that cause building downwash, atmospheric stability, and wind patterns. Because of the complexities of predicting ground -level ozone concentrations in relation to the National and California Ambient Air Quality Standards, it is not possible to link health risks to the magnitude of emissions exceeding the significance thresholds. To achieve the health -based standards established by the EPA, the air districts prepare air quality management plans that detail regional programs to attain the ambient air quality standards. However, because cumulative development within the city would exceed the regional significance thresholds, the proposed project could contribute to an increase in health effects in the basin until the attainment standards are met in the SoCAB. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 169 72 v2ctoer 2021e ri ingonsiderations -41- Mitigation Measures Refer to Mitigation Measure AQ-2, above Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.2-4: Operation of industrial and warehousing land uses accommodated under the General Plan Update could expose sensitive receptors to substantial toxic air contaminant concentrations. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-50 of the Updated Draft PEIR. Buildout of the GPU could expose sensitive receptors to substantial concentrations of toxic air contaminants JAC). Buildout could result in new sources of criteria air pollutant emissions and/or TACs near existing or planned sensitive receptors. Review of development projects by South Coast AQMD for permitted sources of air toxics (e.g., industrial facilities, dry cleaners, and gasoline dispensing facilities) would ensure that health risks are minimized. Additionally, Mitigation Measure AQ-3 would ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent, project -level environmental review by the City of Santa Ana. Individual development projects would be required to achieve the incremental risk thresholds established by South Coast AQMD, and TACs would be less than significant. However, implementation of the GPU would generate TACs that could contribute to elevated levels in the air basin. Though individual projects would achieve the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the SoCAB. Therefore, the CPU's cumulative contribution to health risk is significant and unavoidable. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 170 72 v2ctoer 2021e ri ingonsiderations -42- Mitigation Measures AQ-3 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel - powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 171 72 v2ctoer 2021e ri ingonsiderations -43- Impact 5.2-5: Development and operation of land uses accommodated by the General Plan Update could generate emissions that exceed the localized significance thresholds and expose sensitive receptors to substantial concentrations of criteria air pollutants. Support for this environmental impact conclusion is fully discussed in Section 5.2, Air Quality, starting on page 5.2-53 of the Updated Draft PEIR. Because existing sensitive receptors may be close to project -related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed South Coast AQMD's Local Significance Thresholds (LSTs). Mitigation Measures AQ-1 and AQ-2 would reduce the regional construction and operation emissions associated with buildout of the GPU and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions, to the extent feasible. However, even with the implementation of these mitigation measures, Impact 5.2-5 would remain significant and unavoidable. Mitigation Measures Mitigation Measures AQ-1 and AQ-2 would also be applicable in reducing construction- and operation -related LST impacts. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE i �� ac an a emen 37 — 172 12/7/ 0211 Of ve ri ing onsiderations -44- 2ctoer 2021 2. Cultural Resources Impact 5.4-1: Buildout consistent with the General Plan Update could impact an identified historic resource. Support for this environmental impact conclusion is fully discussed in Section 5.4, Cultural Resources, starting on page 5.4-26 of the Updated Draft PEIR. Generally, potential impacts to historical resources resulting from future projects developed pursuant to the GPU would be mitigated by the City's fulfillment of its statutory responsibilities under CEQA. However, for certain development pursuant to the GPU, the City may determine that significant impacts to historical resources cannot be avoided. The City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits. Though the possible demolition or alteration of a historical resource cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. With fulfillment of the CUL-1 and CUL-2, future development consistent with the GPU would result in a less than significant impact to cultural resources. However, if significant impacts cannot be avoided, the City shall require, at a minimum, that the affected historical resources are documented consistent with Mitigation Measure CUL-3. The Historical Resources Technical Report determined that unavoidable impacts to historical resources resulting from future development under the GPU will be reduced to the maximum extent feasible but will still be significant with implementation of Mitigation Measure CUL-3. Therefore, the development under the GPU would result in significant and unavoidable impacts. Mitigation Measures CUL-1 Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior's Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and State guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. CUL-2 Use of the Secretary of the Interior's Standards. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall be used to the maximum extent practicable to ensure that projects involving the relocation, conversion, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 173 72 v2ctoer 2021e ri ingonsiderations -45- rehabilitation, or alteration of a historical resource and its setting or related new construction will not impair the significance of the historical resource. Use of the Standards shall be overseen by an architectural historian or historic architect meeting the Secretary of the Interior's Professional Qualification Standards. Evidence of compliance with the Standards shall be provided to the City in the form of a report identifying and photographing character -defining features and spaces and specifying how the proposed treatment of character -defining features and spaces and related construction activities will conform to the Standards. The Qualified Professional shall monitor the construction and provide a report to the City at the conclusion of the project. Use of the Secretary's Standards shall reduce the project impacts on historical resources to less than significant. CUL-3 Documentation, Education, and Memorial ization. If the City determines that significant impacts to historical resources cannot be avoided, the City shall require, at a minimum, that the affected historical resources be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. Though demolition or alteration of a historical resource such that its significance is materially impaired cannot be mitigated to a less than significant level, recordation of the resource will reduce significant adverse impacts to historical resources to the maximum extent feasible. Such recordation should be prepared under the supervision of an architectural historian, historian, or historic architect meeting the Secretary of the Interior's Professional Qualification Standards and should take the form of Historic American Buildings Survey (HABS) documentation. At a minimum, this recordation should include an architectural and historical narrative; archival photographic documentation; and supplementary information, such as building plans and elevations and/or historic photographs. The documentation package should be reproduced on archival paper and should be made available to researchers and the public through accession by appropriate institutions such as the Santa Ana Library History Room, the South Central Coastal Information Center at California State University, Fullerton, and/or the HABS collection housed in the Library of Congress. Depending on the significance of the adversely affected historical resource, the City, at its discretion, may also require public education about the historical resource in the form of an exhibit, web page, brochure, or other format and/or memorialization of the historical resource on or near the proposed project site. If memorialized, such memorialization shall be a permanent installation, such as a mural, display, or other vehicle that recalls the location, appearance, and historical significance of the affected historical resource, and shall be designed in conjunction with a qualified architectural historian, historian, or historic architect. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These Santa Ana General Plan Update CE oT ac an Of aemen 37 — 174 72 v2ctoer 2021e ri ingonsiderations -46- changes are identified in the form of the mitigation measures above. The City of Santa Ana hereby finds that implementation of the mitigation measures is feasible, and the measures are therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 3. Greenhouse Gas Emissions Impact 5.7-1: Implementation of the proposed General Plan Update would result in a decrease in GHG emissions in horizon year 2045 from existing baseline but may not meet the long-term GHG reduction goal under Executive Order S-03-05. Support for this environmental impact conclusion is fully discussed in Section 5.7, Greenhouse Gas Emissions, starting on page 5.7-31 of the Updated Draft PEIR. Implementation of Mitigation Measure GHG-1 would ensure that the City is tracking and monitoring the City's GHG emissions in order to chart a trajectory to achieve the long-term, year 2050, GHG reduction goal set by Executive Order S-03-05. However, at this time, there is no plan past 2030 that achieves the long-term GHG reduction goal established under Executive Order S-03-05. As identified by the California Council on Science and Technology, the state cannot meet the 2050 goal without major advancements in technology. Advancements in technology in the future could provide additional reductions and allow the state and City to meet the 2050 goal, but in the meantime, Impact 5.7-1 would be significant and unavoidable. Mitigation Measures GHG-1 The City of Santa Ana shall update the Climate Action Plan (CAP) every five years to ensure the City is monitoring the plan's progress toward achieving the City's greenhouse gas (GHG) reduction target and to require amendment if the plan is not achieving the specified level. The update shall consider a trajectory consistent with the GHG emissions reduction goal established under Executive Order S-03-05 for year 2050 and the latest applicable statewide legislative GHG emission reduction that may be in effect at the time of the CAP update (e.g., Senate Bill 32 for year 2030). The CAP update shall include the following: Santa Ana General Plan Update CE oT ac an Of aemen 37 — 175 72 v2ctoer 2021e ri ingonsiderations -47- • GHG inventories of existing and forecast year GHG levels. • Tools and strategies for reducing GHG emissions to ensure a trajectory with the long-term GHG reduction goal of Executive Order S-03-05. • Plan implementation guidance that includes, at minimum, the following components consistent with the proposed CAP: ■ Administration and Staffing ■ Finance and Budgeting ■ Timelines for Measure Implementation ■ Community Outreach and Education ■ Monitoring, Reporting, and Adaptive Management ■ Tracking Tools Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 4. Noise Impact 5.12-1: Construction activities associated with buildout of the plan area would result in temporary noise increases at sensitive receptors. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-29 of the Updated Draft PEIR. Implementation of Mitigation Measure N-1 would reduce potential noise impacts during construction to the extent feasible. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, construction noise could result in a temporary Santa Ana General Plan Update CE oT ac an Of aemen 37 — 176 72 v2ctoer 2021e ri ingonsiderations -48- substantial increase in noise levels above ambient conditions. Therefore, impacts would remain significant and unavoidable. It should be noted that the identification of this program -level impact does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures N-1 Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to thejob site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of Santa Ana General Plan Update CE oT ac an Of aemen 37 — 177 72 v2ctoer 2021e ri ingonsiderations -49- unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no other mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.12-2: Buildout of the plan area would cause a substantial traffic noise increase on local roadways and could locate sensitive receptors in areas that exceed established noise standards. Support for this environmental impact conclusion is fully discussed in Section 5.12, Noise, starting on page 5.12-30 of the Updated Draft PEIR. Mitigation Measure N-2 would reduce potential interior noise impacts to future noise -sensitive receptors below the thresholds. However, there are no feasible or practical mitigation measures available to reduce project -generated traffic noise to less than significant levels for existing Santa Ana General Plan Update CE oT ac an Of aemen 37 — 178 72 v2ctoer 2021e ri ingonsiderations -50- residences along affected roadways. No individual measures and no set of feasible or practical mitigation measures are available to reduce project -generated traffic noise to less than significant levels in all cases. Thus, traffic noise would remain a significant and unavoidable impact. It should be noted that the identification of this program -level impact does not preclude the finding of less - than -significant impacts for subsequent projects analyzed at the project level. Mitigation Measures Refer to Mitigation Measure N-2, above. Finding Finding 3. Changes or alterations have been required in, or incorporated into, the GPU that avoid or substantially lessen the significant environmental effect as identified in the PEIR. These changes are identified in the form of the mitigation measure above. The City of Santa Ana hereby finds that implementation of the mitigation measure is feasible, and the measure is therefore adopted. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. 5. Population and Housing Impact 5.13-1: The GPU would directly induce substantial unplanned population growth. Support for this environmental impact conclusion is fully discussed in Section 5.13, Population and Housing, starting on page 5.13-12 of the Updated Draft PEIR. Full buildout of the GPU would result in a population of 431,629, and the city's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Governments' 2045 projections. Furthermore, the city's housing units at buildout would be 115,053, which exceeds the Orange County Council of Governments' projection by 38 percent. There are no feasible mitigation measures to mitigate the population and housing growth at buildout, and impacts would be significant and unavoidable. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 179 72 v2ctoer 2021e ri ingonsiderations -51- Mitigation Measures There are no feasible mitigation measures to mitigate the population and housing growth at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 180 72 v2ctoer 2021e ri ingonsiderations -52- 6. Recreation Impact 5.15-1: The General Plan Update would generate additional residents that would increase the use of existing park and recreational facilities such that substantial physical deterioration of the facility could occur or be accelerated. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-27 of the Updated Draft PEIR. Although required park fees for development could be sufficient to fund new parks and improvements, there is a lack of available land and lack of land designated as Open Space within the General Plan Update to develop new parks or expand existing facilities. The City of Santa Ana is essentially built. Incorporation of Mitigation Measure REC-1 to monitor new residential development within the Dyer/55 Fwy focus area would contribute to reducing impacts to existing public parks within a'/2 radius of the focus area. Compliance with this mitigation measure, regulatory requirements, and implementation of proposed GPU policies and implementation actions would reduce the potential impact of the proposed GPU on existing park facilities. However, because of the existing park deficiencies and scale of development in park -deficient areas, the project's impact would be significant and unavoidable. Mitigation Measures REC-1 The City shall monitor new residential development within the Dyer/55 Fwy focus area. Development proposals for projects including 100 or more residential units shall be required to prepare a public park utilization study to evaluate the project's potential impacts on existing public parks within a one half (1/2) mile radius to the focus area. The evaluation shall include the population increase due to the project and the potential for the new resident population to impact existing public parks within the radius. Each study shall also consider the cumulative development in the Dyer/55 Fwy and the potential for a cumulative impact on existing public parks within the radius. If the study determines that the project, or it's incremental cumulative impacts would result in a significant impact (substantial physical deterioration or substantial acceleration of deterioration) to existing public parks, the project shall be required to mitigate this impact. Measures to mitigate the significant impact may include but are not limited to land dedication and fair -share contribution to acquire new or to enhance existing public parks within the radius. Mitigation shall be completed prior to issuance of occupancy permits. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 181 72 v2ctoer 2021e ri ingonsiderations -53- Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Impact 5.15-2: Population increases resulting from project implementation would increase recreation demands that would require construction or expansion of recreation facilities that would have potential to result in physical impacts to the environment. Support for this environmental impact conclusion is fully discussed in Section 5.15, Recreation, starting on page 5.15-29 of the Updated Draft PEIR. Population increases resulting from the implementation of the GPU would increase recreation demands and require construction or expansion of recreation facilities. Although construction and/or expansion of new parks and recreation facilities would be subject to GPU policies and implementation actions; regulatory requirements, and future, project specific environmental review under CEQA, it is still possible that development of such facilities could result in significant unavoidable impacts Mitigation Measures There are no feasible mitigation measures to mitigate the impacts to recreation at buildout. Finding Finding 3. The City finds that there are no mitigation measures that are feasible, taking into consideration specific economic, legal, social, technological or other factors, that would mitigate this impact to a less -than -significant level, and further, that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the PEIR, as discussed in Section G of these Findings (Public Resources Code §§ 21081(a)(1), (3); Guidelines §§ 15091(a)(1), (3)). As described in the Statement of Overriding Considerations, the City has determined that this impact is acceptable because specific overriding economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of the GPU outweigh its significant effects on the environment. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 182 72 v2ctoer 2021e ri ingonsiderations -54- VI. FINDINGS REGARDING ALTERNATIVES CEQA requires that an EIR include a discussion of reasonable project alternatives that would "feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any significant effects of the project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines § 15126.6[a]). As discussed above, the PEIR identified significant impacts in a number of categories. The following impacts could be mitigated below a level of significance: air quality, biological resources, cultural resources, geology and soils, noise, tribal cultural resources impacts. The following impacts cannot be mitigated below a level of significance: certain air quality, cultural resources, greenhouse gas (GHG) emissions, noise, population and housing, and recreation impacts. The PEIR analyzed four alternatives to the proposed project that could reduce some, if not all, of the impacts. A. ALTERNATIVES CONSIDERED AND REJECTED DURING THE SCOPING/PROJECT PLANNING "Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts" (CEQA Guidelines § 15126.6[c]). Alternative Circulation Element — Roadway Classifications. The proposed circulation element in the GPU evolved over a long process and coordination with the Orange County Transportation Authority (OCTA). During this process, alternative packages of arterial roadway classifications were considered that involved roadways in OCTA's Master Plan of Arterial Highways (MPAH). The majority of reclassifications proposed were identified for bicycle facility safety improvements in the City's Safe Mobility Santa Ana (SMSA) Plan, prepared in 2016. Most of the reclassifications identified were for roadways where bicycle and pedestrian safety improvements would require roadway reconfiguration and a reduction in the number of existing or planned travel lanes. Many of the SMSA recommendations across the city have already been, or are in the process of being, implemented along arterial roadways without reducing the number of lanes. A cursory review of two optional roadway reclassification packages was conducted to determine whether these optional plans would have the potential to eliminate significant impacts of the proposed GPU and meet most the project objectives. It was determined that a detailed evaluation of this alternative was not needed to provide a reasonable range of EIR project alternatives. Transportation/traffic impacts of the proposed project were determined to be less than significant (VMT/SP falls below the significance threshold for the GPU without mitigation). Although these alternatives may have some potential to reduce VMT (by reducing the number of travel lanes for some roadways) and thereby also potentially reduce air quality, greenhouse gas, and traffic noise impacts, these alternatives would also result in more inconsistencies with the MPAH and result in more traffic congestion. Although traffic congestion is no longer a CEQA consideration, the GPU sets forth standards for level of service that will be considered by decision -makers. Moreover, the Santa Ana General Plan Update CE oT ac an Of aemen 37 — 183 72 v2ctoer 2021e ri ingonsiderations -55- Reduced Density and RTP/SCS Consistency alternatives were determined to be meaningful alternatives to consider for the potential of reducing air quality, GHG, and traffic noise impacts. Reduced Traffic Noise Alternative. Since traffic noise was determined to be a significant, unavoidable impact of the proposed GPU, a project alternative designed to eliminate this significant impact was considered. The required reductions in traffic volumes (ADT) were determined along roadways where buildout of the GPU would result in significant noise increases. These estimates were compared to the surrounding land uses that would generate ADTs for those roadway segments. Traffic noise along these roadways would both exceed the noise standard and abut sensitive land uses (e.g., residences, schools, hospitals). Several segments would experience significant, unavoidable traffic noise impacts without the land use changes proposed under the GPU. Since significant traffic noise could not be avoided, further evaluation of this alternative was not deemed to be meaningful. B. ALTERNATIVES SELECTED FOR FURTHER ANALYSIS Given the significant, unavoidable impacts identified for the proposed GPU, project alternatives with the potential to substantially reduce development were identified for further review. Significant GPU impacts to long-term air quality, GHG emissions, population and housing, and recreation all directly relate to the level of development that would occur within the city. At the programmatic level of this GPU PEIR, site -specific information regarding potential significant historical impacts is not available, and therefore, an alternative could not be customized to reduce that impact. A reduced intensity alternative would also be expected to reduce the significant traffic noise impact (as discussed above). A reduced park demand alternative was also analyzed to address the significant and unavoidable impacts to recreation. The following development alternatives to the proposed GPU were chosen for further analysis. No Project / Current General Plan Alternative The evaluation of the No Project alternative is required by CEQA. The No Project alternative is typically defined as the development scenario that would occur if the project as proposed is not adopted. For a General Plan, the No Project alternative is typically represented by the jurisdiction's existing General Plan, including land use plan, circulation master plan, and policies in each General Plan element. Therefore, this alternative assumes that the existing General Plan —with various adoption dates for different elements between 1982 and 2014—would remain in effect. This existing General Plan also reflects amendments, including new Specific Plans and special zoning areas that have been adopted through the Notice of Preparation for this GPU. Finding. The City Council rejects the No Project/Current General Plan Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment Santa Ana General Plan Update CE oT ac an Of aemen 37 — 184 72 v2ctoer 2021e ri ingonsiderations -56- opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEI R. This alternative would result in similar impacts to 11 impact categories, reduced impacts to 5 environmental impacts, and increase impacts to 4 categories. Impacts would be similar for agricultural resources, biological resources, cultural resources, energy, geology and soils, hazards and hazardous materials, hydrology and water quality, mineral resources, noise, tribal cultural resources, and wildfire. This alternative would reduce impacts for aesthetics, population and housing, public services, recreation, and utilities and service systems. Impacts to air quality, greenhouse gas emissions, land use and planning, and transportation would increase. This alternative does not mitigate any of the significant and unavoidable impacts associated with the GPU to a less than significant impact. It would also exceed the City's VMT threshold. Overall, impacts under this alternative would decrease in comparison to the proposed project. The No Project/Current General Plan alternative would not achieve many of the proposed project objectives. The existing land use plan does not provide the opportunities to provide housing and employment at the levels required to meet local and regional goals. Moreover, the No Project alternative would not provide numerous general policies as included in the GPU to achieve these goals and invigorate communities. The current General Plan, however, protects established neighborhoods and several Specific Plans and Special Zoning areas would provide for infill opportunities, protect established neighborhoods, and result in mixed -use villages and bike- and pedestrian -friendly communities. Reduced Intensity Alternative (Reduced capacity for the 55 Freeway/Dyer and South Bristol focus areas) Under the GPU, the only areas that include revisions to land use designations to accommodate new growth are within the five focus areas. The majority of remaining growth would occur within previously approved Specific Plans and Special Zoning areas. A nominal amount of growth is assumed to occur in other areas of the city and would not require land use amendments. The Reduced Intensity Alternative would substantially reduce development capacity within two focus areas, 55 Freeway/Dyer and South Bristol Street, which accommodate approximately 65 percent of the housing unit growth and 72 percent of the nonresidential use (by building square footage) of the growth projected for the combined focus areas under the GPU. For the focus areas, the forecast buildout is based on development at approximately 80 percent of the maximum allowed development for each respective land use designation. For this alternative, development of the 55 Freeway/Dyer and South Bristol focus areas would be reduced to approximately 50 percent of the maximum allowed per the land use designations. This alternative would reduce housing units by a total of 5,383 and would reduce total building square footage by approximately 4.2 million square feet distributed between these two focus areas. This alternative would also reduce population by 19,825 and jobs by 9,184. Overall, this alternative would reduce the housing growth accommodated by the GPU land use changes by approximately 18 percent and reduce nonresidential building square footage by approximately 27 percent. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 185 72 v2ctoer 2021e ri ingonsiderations -57- Finding. The City Council rejects the Reduced Intensity Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEI R. This alternative would result in similar impacts to 7 impact categories, reduce impacts to 12 categories, and increase impacts to 1 category. Impacts would be similar for aesthetics, agricultural resources, biological resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. The Reduced Density Alternative reduces the level of development for two of the five focus areas (55 Freeway/Dyer Road and South Bristol Street) relative to the GPU. No other changes to the GPU are made for this alternative. It is assumed to include the same General Plan policies and would not modify the circulation element or related improvements. Therefore, this alternative would attain many of the project's objectives. It would not "optimize" high density housing and mass transit opportunities, and so was found not to attain objective No. 2. It would, however, achieve objectives Nos. 3 through 5, but to a lesser extent than the proposed GPU. With the reduced opportunities in the 55 Freeway/Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities, and may not be as economically feasible in terms of funding community benefits. It would provide mixed -use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. 2020 RTP/SCS Consistency Alternative (Reduced development for RTP/SCS population/housing consistency) This alternative was developed to evaluate an update to the General Plan that would be consistent with the population and housing projections used to develop the Southern California Association of Governments' (SCAG) most recent Regional Transportation Plan / Sustainable Communities Strategy (RTP/SCS)—Connect SoCal (adopted May 7, 2020). Connect SoCal is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The plan embodies a collective vision for the region's future and is developed with input from local governments, county transportation commissions, tribal governments, nonprofit organizations, businesses, and local stakeholders in the counties of Imperial, Los Angeles, Santa Ana General Plan Update CE oT ac an Of aemen 37 — 186 72 v2ctoer 2021e ri ingonsiderations -58- Orange, Riverside, San Bernardino, and Ventura. The proposed GPU would result in a significant population and housing impact because development under the GPU would substantially exceed the projections used in Connect SoCal. SCAG uses locally prepared population and housing projections to develop the regional plan. For the City of Santa Ana, those projections were provided by the Orange County Council of Governments, as prepared by the Center for Demographic Research. The population/housing figures reflected for Santa Ana in the regional plan for 2045 are: population, 360,100; total housing units, 80,100; and total jobs, 176,400. Projections for the RTP/SCS (Connect SoCal) use land use designations as approved in adopted general plans. The employment projections are similar for the GPU and RTP/SCS scenarios, but the RTP/SCS projections for population and housing units are substantially lower than GPU projections (18 percent and 27 percent lower, respectively). The RTP/SCS alternative, therefore, represents the least -development -intensive project alternative evaluated for the PEIR. ■ This alternative would substantially reduce the growth that would be accommodated within the focus areas under the GPU. New growth within the focus areas would total 6,380 housing units and approximately 3.7 million square feet of nonresidential uses, instead of a total additional 23,955 housing units and approximately 15.7 million square feet within the focus areas. This alternative distributes anticipated development through the focus areas and the approved Specific Plans/Special Zoning areas. For purposes of this alternative, it is assumed that a development cap would be used to limit total growth to the projections shown. ■ Subsequent updates of the regional plan would incorporate updated land use from the GPU and resolve the substantial discrepancy between the population and housing projections. Note also that the PEIR concludes that the GPU is consistent with the goals of the RTP/SCS. This alternative has been defined to eliminate the significant impact associated with substantial population growth that is inconsistent with the regional plan, as well as reduce other significant growth -related (AQ/GHG, traffic noise) impacts associated with the GPU as proposed. Finding. The City Council rejects the 2020 RTP/SCS Consistency Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Final Recirculated PEIR. This alternative would reduce impacts to 12 environmental impacts, result in similar impacts to 6 categories, and increase impacts to 1 category. It would reduce impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, and utilities and service systems. Impacts would be very similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. It would increase impacts to land use and planning. It would also increase impacts to transportation and Santa Ana General Plan Update CE oT ac an Of aemen 37 — 187 72 v2ctoer 2021e ri ingonsiderations -59- potentially introduce a new significant impact. It is anticipated, however, that under this alternative, transportation could be mitigated to less than significant. Under the GPU, transportation impacts are less than significant without mitigation. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, and recreation would remain significant and unavoidable. The impact to population and housing would be reduced to less than significant. Overall, impacts under this alternative would be reduced in comparison to the proposed project. Due to the substantial reduction in housing opportunities citywide, this alternative is the least effective in achieving the project objectives of the GPU. By setting a development cap to limit housing and nonresidential development to the projections for the city in the 2020 RTP/SCS, this alternative reduces housing units by 31,515 compared to the GPU. It reduces housing development potential within the focus areas by 73 percent in comparison to the GPU, and reduces overall city future development by 27 percent. To achieve this reduction, the development cap would not only limit focus area development but would restrict the entitled housing in Specific Plans/Special Zoning areas (reducing total housing within these areas by almost 14,000 units). This alternative clearly would not optimize high density housing that maximizes mass transit use (objective No. 2) or provide urban -level intensities at the urban edges (objective No. 3). Moreover, it would not facilitate intensities that attract economic activities, particularly since it would not allow the maximum entitlement of approved Specific Plans and Special Zoning areas. It would achieve the remainder of the objectives, but to a lesser extent than the GPU. It would protect established neighborhoods, but not promote infill development as much as the GPU or other alternatives (objective No. 1). It would provide only limited opportunities for live -work and artist spaces and small-scale manufacturing (objective No. 7). Reduced Park Demand Alternative The City's Park standard of 2 acres per 1,000 residents is not achieved under existing conditions and development allowed under the GPU would further exacerbate park and open space shortages. Without new parks, growth in any of the focus areas would exacerbate the current level of park deficiency either in or adjacent to disadvantaged communities. The areas proposed for substantial new residential development under the GPU were compared to the distribution of existing parks —location, size, and demand —to define the Reduced Park Demand Alternative. The Reduced Park Demand Alternative reduces residential growth by 11,225 units by eliminating or reducing residential land uses and intensity in the five focus areas. Overall, nonresidential square footage would be reduced by a total of approximately 2.8 million square feet within the focus areas compared to the proposed GPU. The nonresidential square footage would increase, however, in two of the focus areas: 17th Street/Grand Avenue by 697,000 square feet, and South Bristol by 739,000 square feet. New residential growth under this alternative would largely be in currently planned areas that are generally near a substantial number of existing park facilities. Some residential growth would be introduced into two focus areas at substantially lower intensities to reduce the potential impact on park facilities. Changes to the focus areas are as follows: ■ South Main Street. This focus area would remain as currently planned as a commercial corridor (GC) instead of Urban Neighborhood (UN) and District Center (DC) to reduce intensity Santa Ana General Plan Update CE oT ac an Of aemen 37 — 188 72 v2ctoer 2021e ri ingonsiderations -60- so that there are no additional units constructed beyond existing conditions; there is a significant presence of EJ communities that are served by parks, but the existing parks are very small. ■ South Bristol Focus Area. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 2,273 units on sites that are more than a half mile from existing parks (generally west of Bristol and south of MacArthur Boulevard). ■ Grand Avenue/17th Street. Stay as currently planned as a lower density residential (LR-7) and commercial corridor (GC) to reduce intensity so that there are no additional units constructed beyond existing conditions, because much of the focus area is more than a half mile from existing parks. ■ West Santa Ana Boulevard. This focus area would remain as currently planned with lower density residential (LR-7) instead of Urban Neighborhood (UN) to reduce intensity so that no additional units are constructed beyond existing conditions; there is a significant presence of EJ communities with areas that are farther than a half mile from existing parks in this focus area. ■ 55 Freeway/Dyer Road. District Center (DC) changed to Urban Neighborhood (UN) to reduce intensity by 5,381 units because a majority of the area is more than a half mile from existing parks in Santa Ana; the reduced intensity would also reduce potential impacts on adjacent parkland in Tustin. Finding. The City Council rejects the Reduced Park Demand Alternative on the basis of policy and economic factors as explained herein. (See Pub. Resources Code, § 21061.1; CEQA Guidelines, § 15364; see also City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417; California Native Plant Soc. v. City of Santa Cruz (2009) 177 Cal.AppAth 957, 1001; Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.AppAth 704, 715.) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible this project alternative identified in the Recirculated PEIR. This alternative would result in similar impacts to 6 impact categories, reduced impacts to 12 categories, and increased impacts to 2 categories. Impacts would be similar for aesthetics, agricultural resources, hazards and hazardous materials, hydrology and water quality, mineral resources, and wildfire. This alternative would decrease impacts to air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, noise, population and housing, public services, recreation, tribal cultural resources, transportation, and utilities and services. It would reduce the recreation impacts of the proposed GPU, as it was designed to do, and would improve the park acres/resident ratio compared to the proposed GPU. Recreation impacts to disadvantaged communities would also be reduced. Given the lack of available land for new parks, however, it would not eliminate the significant, unavoidable impact of the project. It would be expected to increase land use and planning impacts relative to the GPU. As with the GPU, impacts to air quality, cultural resources, greenhouse gas emissions, noise, Santa Ana General Plan Update CE i oT ac an a emen 37 — 189 12/7/ 0211 Of ve ri ing onsiderations -61- 2 ctoer 2021 population and housing, and recreation would remain significant and unavoidable. Overall, impacts under this alternative would be decreased in comparison to the proposed project. This alternative would attain some of the project's objectives. It would promote infill development to a lesser extent than the GPU and would protect established neighborhoods (Objective 1), and would also develop opportunities of live -work, artist spaces, and small-scale manufacturing (Objective 7). Given the substantial reduction in housing units, it was also concluded that it would not meet Objectives 2 and 3, to maximize high density residential development and mixed use proximate to potential mass transit use (Objective 2) and to maximize affordable housing and achieve City and regional housing goals (Objective 3). It would, however, achieve Objectives 4 through 6, but to a lesser extent than the proposed GPU. With new opportunities eliminated in three focus areas and the reduced opportunities in the 55 Freeway /Dyer Road and South Bristol focus areas, it would not be as effective in providing affordable housing opportunities and may not be as economically feasible in terms of funding community benefits. It would provide mixed - use opportunities that are bike and pedestrian friendly and provide opportunities for live -work, artist spaces, and small-scale manufacturing. C. ENVIRONMENTALLY SUPERIOR ALTERNATIVE CEQA requires a lead agency to identify the "environmentally superior alternative" and, in cases where the "No Project" Alternative is environmentally superior to the GPU, the environmentally superior development alternative must be identified. One alternative has been identified as "environmentally superior" to the GPU: ■ The RTP/SCS Consistency Alternative is concluded to be the environmentally superior alternative. The No Project alternative is not environmentally superior to the proposed GPU. Both the Reduced Density and RTP/SCS alternatives reduce environmental impacts in comparison to the GPU, but the RTP/SCS reduces more impacts and eliminates a significant, unavoidable impact of the GPU. This alternative was designed to eliminate the significant population impact of the GPU, but it also reduces potential future development more than any of the other alternatives. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 190 72 v2ctoer 2021e ri ingonsiderations -62- VII. STATEMENT OF OVERRIDING CONSIDERATIONS A. INTRODUCTION The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the PEIR for General Plan Update (project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: a. CEQA requires the decision -making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b. When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. c. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed project against the unavoidable adverse impacts associated with the project and has adopted all feasible mitigation measures Santa Ana General Plan Update CE oT ac an Of aemen 37 — 191 72 v2ctoer 2021e ri ingonsiderations -63- with respect to these impacts. The City also has examined alternatives to the proposed project, none of which both meets the project objectives and is environmentally preferable to the proposed project, for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this project, and having reviewed the PEIR for the GPU, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the project. B. OVERRIDING CONSIDERATIONS The City, after balancing the specific economic, legal, social, technological, and other benefits of the project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations, which outweigh the unavoidable, adverse environmental impacts of the project, and each of which, standing alone, is sufficient to support approval of the project, in accordance with CEQA Section 21081(b) and CEQA Guidelines Section 15093. The specific economic, legal, social, technological, or other benefits of the project are as follows: 1. The community, land use, and public services elements of the project encourage healthy lifestyles, a planning process that ensures that health impacts are considered, and policies and practices that improve the health of residents. The policies also affirm and support a socially and economically diverse community with equitable distribution of resources. 2. Implementation of the GPU fulfills one of the key strategies identified in the Santa Ana Strategic Plan in the completion of a comprehensive update of the existing General Plan. 3. The project improves the jobs -housing balance; the ratio of 1.5 would give the city a more equal distribution of employment and housing. The population growth resulting directly from the proposed GPU would be offset by the level of employment opportunity provided to the city's residents and workers commuting into Santa Ana. 4. The project results in a reduction of vehicle miles traveled per service population (VMT/SP) and a reduction in related traffic congestion, air quality, and greenhouse gas emissions compared with existing conditions because the GPU includes policies that promote the reduction of VMT. Policy 2.5 of the land use element encourages infill mixed -use development at all ranges of affordability to reduce VMT, and policy 4.5 aims to concentrate development along high -quality transit corridors. Policy 4.6 of the circulation element promotes reductions in automobile trips and VMT by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. 5. The project provides additional housing to support the regionally forecasted increase in economic activities and employment increases. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 192 72 v2ctoer 2021e ri ingonsiderations -64- 6. Implementation of the project would introduce policies and actions that address the importance of protecting the health of residents and the environment by improving air quality, reducing greenhouse gas emissions, and encouraging active transportation. 7. The project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) land use policies related to population and housing by providing additional housing near employment centers. 8. The project facilitates the economic development of the city by promoting development that is mixed use, pedestrian friendly, transit oriented, and clustered around activity centers through new and infill residential development. Additionally, the proposed project would improve the city's jobs/housing balance by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. 9. Implementation of the project would coordinate air quality planning efforts to meet state and federal ambient air quality standards by considering the goals of the Climate Action Plan in all major decision on land use and public infrastructure investment and investing in low- to zero -emission vehicles. These policies also promote development that meets or exceeds standards for energy -efficient building design, and the consideration of sensitive of potential emission sources on sensitive uses. 10. The project promotes economic growth and diversity within the city. The economic prosperity element of the GPU includes policies related to improving Santa Ana's economy and its role within the region. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 193 72 v2ctoer 2021e ri ingonsiderations -65- VIII. RESOLUTION REGARDING CERTIFICATION OF THE PEIR The City of Santa Ana finds that it has reviewed and considered the Final Recirculated PEIR in evaluating the proposed project, that the Final Recirculated PEIR is an accurate and objective statement that fully complies with CEQA and the State CEQA Guidelines, and that the Final Recirculated PEIR reflects the independent judgment of the City. The City of Santa Ana declares that no new significant information, as defined by State CEQA Guidelines, section 15088.5, has been received by the City after circulation of the Recirculated Draft PEIR that would require further recirculation. The City of Santa Ana certifies the PEIR based on the entirety of the record of proceedings, including but not limited to the following findings and conclusions: Findings: The following significant environmental impacts have been identified in the PEIR and will require mitigation as set forth in Section V of this Resolution but cannot be mitigated to a level of insignificance: air quality (project -related and cumulative), cultural resources (project - related), greenhouse gas emissions (project -related), noise (project -related), population and housing (project -related), recreation (project -related). Conclusions 1. Except the impacts (stated above) relating to air quality, cultural resources, greenhouse gas, noise, population and housing, and recreation all significant environmental impacts from the implementation of the proposed project have been identified in the PEIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance. 2. Other alternatives to the proposed project, which could potentially achieve the basic objectives of the proposed project, have been considered and rejected in favor of the proposed project. 3. Environmental, economic, social, and other considerations and benefits derived from the development of the proposed project override and make infeasible any alternatives to the proposed project or further mitigation measures beyond those incorporated into the proposed project. Santa Ana General Plan Update CE Of o � acanaemen 37 — 194 72 v2ctoer 2021e ri ing onsiderations -66- IX. RESOLUTION ADOPTING A MITIGATION MONITORING AND REPORTING PLAN Pursuant to Public Resources Code section 21081.6, the City of Santa Ana hereby adopts the Mitigation Monitoring and Reporting Plan attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Plan, the Mitigation Monitoring and Reporting Plan shall control. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 195 72 v2ctoer 2021e ri ingonsiderations -67- X. RESOLUTION REGARDING CONTENTS AND CUSTODIAN OF RECORDS The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Santa Ana Planning Division Counter. The custodian for these records is the City of Santa Ana. This information is provided in compliance with Public Resources Code section 21081.6. The record of proceedings for the City's decision on the project consists of the following documents, at a minimum: 1. The NOP and all other public notices issued by the City in conjunction with the project. 2. The Draft PEIR for the Santa Ana General Plan Update. 3. All comments submitted by agencies or members of the public during the 45-day comment period on the Draft PEIR and the 20-day extension to the comment period. 4. The Final PEIR for the Santa Ana General Plan Update, including comments received on the Draft PEIR, responses to those comments, and technical appendices. 5. The Recirculated Draft PEIR for the Santa Ana General Plan Update. 6. All comments submitted by agencies or members of the public during the 45-day comment period on the Recirculated Draft PEIR. 7. The Final Recirculated PEIR for the Santa Ana General Plan Update, including comments received on the Recirculated Draft PEIR, responses to those comments, and technical appendices. 8. The Mitigation Monitoring and Reporting Plan for the project. 9. All findings, resolutions, and ordinances adopted by the City in connection with the General Plan Update, and all documents cited or referred to therein. 10. All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Santa Ana General Plan Update. 11. All documents submitted to the City by other public agencies or members of the public in connection with the General Plan Update PEIR up through project approval. Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations. 12. Any documents expressly cited or referenced in these findings, in addition to those cited above. Santa Ana General Plan Update CE i �� ac an a emen 37 — 196 12/7/ 0211 Of ve ri ing onsiderations -68- 2ctoer 2021 13. Any other materials required for the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The following location is where the record may be reviewed: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 This page intentionally left blank. Santa Ana General Plan Update CE oT ac an Of aemen 37 — 197 72 v2ctoer 2021e ri ingonsiderations -69- WO:ii:112•J October 2021 1 Mitigation Monitoring and Reporting Program Santa Ana General Plan Update City of Santa Ana Prepared for: City of Santa Ana Contact: Melanie G. McCann, Principal Planner 20 Civic Center Plaza Santa Ana, CA 92702 mmccann@santa-ana.org Prepared by: PlaceWorks Contact: JoAnn Hadfield, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com City Council 37 — 198 12/7/2021 City Council 37 — 199 12/7/2021 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1. INTRODUCTION..............................................................................................................................1 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM ............................1 1.2 PROJECT SUNBIARY......................................................................................................................................... 2 1.3 PROJECT LOCATION....................................................................................................................................... 5 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION........................................................... 6 List ®f 1"ables Table Page Table 1-1 Proposed Land Use Designations and Statistics.............................................................................. 3 Table 1-2 Buildout Statistical Summary.............................................................................................................. 5 Table 1-3 Mitigation Monitoring and Reporting Requirements...................................................................... 7 City Council 37 — 200 12/7/2021 October 2021 Page i GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program This page intentionally left blank. City Council 37 — 201 12/7/2021 Page ii PlaceVorks 1. Introduction 1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle to monitor mitigation measures and conditions of approval outlined in the Final Recirculted Program Environmental Impact Report. The MMRP has been prepared in conformance with Section 21081.6 of the Public Resources Code and City of Santa Ana monitoring requirements. Section 21081.6 states: (a) When making the findings required by paragraph (1) of subdivision subsection (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead agency or a responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency ha�Ting jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead City Council 37 — 202 12/7/2021 October 2021 Page 9 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law. The MMRP will serve to document compliance with adopted/certified mitigation measures that are formulated to minimize impacts associated with future development that would be accommodated by the Santa Ana General Plan. 1.2 PROJECT SUMMARY The GPU is the comprehensive update of the Santa Ana General Plan. The purpose of the General Plan Update is to comprehensively update the 1982 plan to reflect current conditions, establish a shared vision of the community's aspirations, and create the policy direction to guide Santa Ana's long-term planning and growth over the next two decades. The General Plan Update will include the City's future development goals and will provide policy statements to achieve those goals. Implementation actions related to each goal or policy will be included as a separate Implementation Plan to ensure successful monitoring of progress as a community. Furthermore, the GPU will focus on five areas in Santa Ana that are better suited for future development or overall improvement. These focus areas are: ■ South Main Street ■ Grand Avenue/17th Street ■ West Santa Ana Boulevard ■ 55 Freeway/Dyer Road ■ South Bristol Street General Plan Update The updated General Plan is organized into three sections: Services and Infrastructure (I), Natural Environment (II), and Built Environment (III). The proposed GPU addresses the seven topics required by state law as well as five optional topics. State law gives jurisdictions the discretion to incorporate optional topics and to address any of these topics in a single element or across multiple elements. The 12 proposed elements of the GPU will replace 16 existing elements. The GPU will incorporate the current 2014-2021 Housing Element, and no substantive changes are anticipated. The topic of housing will be addressed as a separate effort in late 2021 in accordance with State law. The topic of environmental justice will be incorporated throughout the GPU, with goals and policies incorporated into multiple elements. The 12 elements of the proposed GPU are: City Council 37 — 203 12/7/2021 Page 2 PlaceWlorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Mandatory Topics Optional Topics ■ Land Use Element ■ Public Services Element ■ Circulation Element ■ Urban Design Element ■ Housing Element ■ Community Element ■ Open Space Element ■ Economic Prosperity Element ■ Conservation Element ■ Historic Preservation Element ■ Safety Element ■ Noise Element The GPU will guide growth and development (e.g., infill development, redevelopment, and revitalization/restoration) in the plan area by designating land uses in the proposed land use map and through implementation of updated goals and policies of the GPU. Table 1-1 outlines the proposed land use designations under the GPU. Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Grand Avenue/17th Street 171.5 - District Center 23.7 13.8 General Commercial 19.9 11.6 Industrial/Flex 7.1 4.1 Open Space 1.1 0.6 Urban Neighborhood 119.7 69.8 55 Freeway/Dyer Road 354.5 - District Center 158.0 44.6 General Commercial 68.0 19.2 Industrial/Flex 127.4 35.9 Open Space 1.1 0.3 South Bristol Street 199.9 - District Center 108.3 54.2 Open Space 6.0 3.0 Urban Neighborhood 85.7 42.9 South Main Street 312.2 - Industrial/Flex 29.0 9.3 Institutional 19.2 6.1 Low Density Residential 162.3 52.0 City Council 37 - 204 12/7/2021 October 2021 Page 3 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program Table 1-1 Proposed Land Use Designations and Statistics Land Use Designation Acres % of Total Urban Neighborhood 101.7 32.6 West Santa Ana Boulevard 481.6 - Corridor Residential 10.0 2.1 General Commercial 21.5 4.5 Industrial/Flex 87.9 18.3 Institutional 45.5 9.4 Low Density Residential 108.1 22.4 Low -Medium Density Residential 6.8 1.4 Medium Density Residential 27.0 5.6 Open Space 133.6 27.7 Professional and Administrative Office 6.2 1.3 Urban Neighborhood 35.0 7.3 Balance of City 11,598.8 - District Center 124.2 1.1 General Commercial 424.2 3.7 Industrial 2,159.6 18.6 Institutional 886.7 7.6 Low Density Residential 6,173.3 53.2 Low -Medium Density Residential 429.0 3.7 Medium Density Residential 335.3 2.9 One Broadway Plaza District Center 4.1 0.0 Open Space 793.8 6.8 Professional and Administrative Office 260.4 2.2 Urban Neighborhood 4.1 0.0 Not Specified 4.1 0.0 Total 13,118.5 100% Source: Figures aggregated and projected by PlaceWorks, 2020. The full buildout scenario is analyzed in comparison to existing conditions. Table 1-2 details buildout statistics. Similarly, the PEIR pro"Tides conclusions regarding impact significance for this scenario for both the proposed GPU and project alternatives. City Council 37 - 205 12/7/2021 Page 4 PlaceWlorks GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANATA ANA Mitigation Monitoring and Reporting Program Table 1-2 Buildout Statistical Summary PLANNING AREA BUILDOUT Housing Units Bldg. S . Ft, Jobs FOCUS AREAS 23,955 15,684,285 35,044 55 Freeway/Dyer Road 9,952 6,142,283 13,302 Grand Avenue/17th Street 2,283 703,894 1,622 South Bristol Street 5,492 5,082,641 11,192 South Main Street 2,308 946,662 2,151 West Santa Ana Boulevard 3,920 2,808,805 6,777 SPECIFIC PLAN / SPECIAL ZONING 20,524 16,958,445 39,702 Adaptive Reuse Overlay Zonez 1,260 976,935 2,567 Bristol Street Corridor Specific Plan 135 143,139 282 Harbor Mixed Use Transit Corridor Specific Plan 4,622 1,967,982 1,578 MainPlace Specific Plan 1,900 2,426,923 5,380 Metro East Mixed -Use Overlay Zone 5,551 4,685,947 12,258 Midtown Specific Plan 607 1,818,253 4,615 Transit Zoning Code 6,449 4,939,266 13,022 ALL OTHER AREAS OF THE CITY3 70,574 40,325,086 95,670 CITYWIDE TOTAL 115,053 72,967,816 170,416 Source: City of Santa Ana 2020. 1 Only includes nonresidential building square footage. 2 The figures shown on the row for the Adaptive Reuse Overlay represents parcels that are exclusively in the Adaptive Reuse Overlay boundary. Figures for parcels that are within the boundaries of both the Adaptive Reuse Overlay Zone and a specific plan, other special zoning, orfocus area boundary are accounted for in the respective specific plan, other special zoning, or focus area. 3 The City has included an assumption for growth on a small portion (5 percent) of residential parcels through the construction of second units, which is distributed throughout the city and is not concentrated in a subset of neighborhoods. Additional growth includes known projects in the pipeline and an increase of 10 percent in building square footage and employment for the professional office surrounding the Orange County Global Medical Center and along Broadway north of the Midtown Specific Plan. 1.3 PROJECT LOCATION The City of Santa Ana is in the western central portion of Orange County, approximately 30 miles southwest of the city of Los Angeles and 10 miles northeast of the city of Newport Beach. The city is bordered by the city of Orange and unincorporated areas of Orange County to the north, the city of Tustin to the east, the cities of InTine and Costa Mesa to the south, and the cities of Fountain Valley and Garden Grove to the west. In November 2019, the City annexed the 17th Street Island, a 24.78-acre area in the northeast portion of the city. The 17th Street Island is bounded by State Route 55 to the east, 17th Street to the south, and North Tustin Avenue to the west. The city also includes a portion of the Santa Ana River Drainage Channel within its sphere of influence (SOI). The city and its SOI are defined and referred to herein as the plan area. City Council 37 - 206 12/7/2021 October 2021 Page 5 GENERAL PLAN UPDATE MITIGATION MONITORING AND REPORTING PROGRAM CITY OF SANTA ANA Mitigation Monitoring and Reporting Program 1.4 MITIGATION MONITORING PROGRAM ORGANIZATION CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The Mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Draft PEIR and Recirculated Draft PEIR, specifications are made herein that identify the action required and the monitoring and reporting that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the MMRP. 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Z' ` OU a) O~ OO Q U j O O a) C O cn 0 WO E O U U a) (n O- O U 3 4= E > c ,0, U: O 0-0 c6 O a) — U` C a) 4- (On O O Ow O U E O U '�-' O- O a) O C .0 U `O C C in O O O U> U cu E U a0- C D) O C O U 00 C O .O_) a cu O. O �_ U� a) U O U 0 Q E - a) Q O O a) O) O .O O) O O - O .`� cu >, U O-0 Q O O O O O) :~ o 0- a) O C O -O -0 O .0 a) OC O C a U i� 0 O a) C U a) O F L, ` 0 6 O C O O 0),O O O O c6 a) O .O cn O O O c6 O U c6 O C Q U 4) — O Q Q C a) O> O .•-' O O C 'O J i a) C cJ � 0- a>i o� aa)) c6 _ o_ c6 00 -o o� cu C E U can E c6 0) > o0 -o J U m m G1 m N � � w N C y U)C E N C N E N L .a i m .O c O m m H EXHIBIT 3 All materials for Exhibit 3 may be accessed at-t.1 t [rqj pjgn/dirf docure: nt and are also on file and available at the City's Planning and Building Agency. City Council 37-227 12/7/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework, Maps, Tables, Implementation, and Text November 29, 2021 The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan, in addition to the clarification of November 1 and November 8, 2021. The updated content is shown by element, with policy and implementation actions displayed with tracked changes. Updates to maps, tables, time frames, and other edits are either described, shown with tracked changes, or displayed as final content with a brief description of the nature of the changes. SAFETY ELEMENT - Page S-09, POLICY 5-4.2 FEDERAL AVIATION REGULATION PART 77, Do not approve buildings and structures that would penetrate Federal Aviation Regulation (FAR) Part 77 Imaginary Obstruction Surfaces unless f n consistent with the C alifoirvini a IPu.ulw 1rc t.�bil t � C:a��i� .Section �R. �E........................................................................................................................................................................................................................................................... 21240 such b�uildin, or str�uct�ure is deteirmliined III IFAA to pose "u�o Ilna :aird"" to aliir avliatliou1.by .......................................s...............................................................................&II....................................................................................................................................................................................................................................JC.............................................................................................................................................................i.........t.i..................... ,a. ... :. Additionally, .!�..r:!..�)..�'..�...:�......I.:�....�'.q....1L.ya.R applicants proposing buildings or structures that penetrate the 100:1 Notification Surface i.l„I b r 9uJr cj to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC f LAND USE ELEMENT Figure LU-4, Density and Intensity Map, page LU-16 - Remove outlines to identify GC areas east of the 55 Freeway/Dyer Focus Area and the small parcels with the West Santa Ana Blvd Focus Area to the standard GC of 0.5 FAR. Table LU-3, Density and Intensity Standards, page LU-17 - Add the following to the end of Footnote 1. "FAR calculations exclude structured parking square footage." - Add the following to the end of Footnote 4. "Westview Housing project (SD-97) designated as UN-40 allow density up to 42.5 Du/acre." Figure LU-15, Land Use Map, West Santa Ana Boulevard, page LU-48 Remove the outline and label from the GC areas, with exception of the block of GC located northwest of First Street and Townsend. City Council , 37 — 228 12/7/2021 Clarifications to the August 2021 Draft General Plan November 29, 2021 Table LU-6, Land Use Designations, West Santa Ana Boulevard, page LU-49 Remove the "GC-1.5" reference and replace with standard "GC" reference (0.5 FAR and 35 feet maximum height) and GC-1 for the block of GC northwest of First Street and Townsend (also 35 feet maximum height). Figure LU-18, Land Use Map, 55 Freeway and Dyer Road, page LU-56 - Add the "GC" label to the area east of the 55 freeway. Table LU-7, Land Use Designations, 55 Freeway and Dyer Road, page LU-56 - Change the 2-story maximum height reference to 35 feet for the CG-1.5 area. - Add a row for General Commercial with 0.5 FAR and 35' maximum height. Figure LU-1, Page LU-12: Change land use designation on map for the Legacy Sunflower project to UN-50. Table LU-3, Page LU-17: Change Note 4 as follows: Exception Areas. The Lake Center Development, near Lake Center Drive and Susan Street, defined by Specific Development Plan Number 58 (SD-58), allows intensities up to 0.72 FAR ��i c !I-t r I� ,, „r �J at-.4 40 ,,/ Cai rrl(I sJ( A✓( ai,vj.r1 1 i �`� �✓! �J I [ A tc� O A FAR, , Select properties designated UN-30 may also permit Hybrid Court building types with higher residential densities per the Transit Zoning Code. The 4th and Mortimer project i � , �,, designated UN-30 allows densities up to 50 du/ac Ld„lily/('✓ ?wt in SCE I/l, i�rf'�'� It li t(�Ir l l I v/irf Ii'a„Itlf SlirX U, lililt cf, I f The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. Page LU 22, 23, 24 add Footnote #4. "Refer to page LU-14 for Mixed Use Intensity/Density clarification." Table LU-4, Page LU-30; Table LU-5, Page LU-40; Table LU-6, Page LU-49; Table LU-7, Page LU-56; Table LU-8, Page LU-62: - Revise the note as follows. d r,"riJk� J i i,�e� , i%; !�J��� %r.,�� ..���� „ ��������y;� m,���;h�r�J, (::� t S LU I (Y) L�,�t fc�i �l�Trl� li �e;l ltf ��fc�ffl F�" �I' Ain ifrf s,l, tk�:ins�,�, Table LU-9, Page LU-68: Revise all references to "Focus Area Interim Development Guidelines" to "Focus Area Interim Development Standards" to ensure that readers understand the City's intent to use the direction provided in Appendix A as zoning regulations until such time that the City's Municipal Code is updated. Land Use Maps: Figure LU-1, Page LU-12; Figure LU-4, Page LU-17; and Figure LU-18, Page LU-56: Remove "GC" designation from Hotel Terrace Drive. - Figure LU-1, Page LU-12 and Figure LU-4, Page LU-16 as follows: City Council 2 37 — 229 12/7/2021 Clarifications to the August 2021 Draft General Plan November 29, 2021 Revise the following land use designations approved through prior general Plan amendments: Northeast block of Mountain View and First Street to match existing persuant GPA No. 2020-04. Hapham Project on Edinger Avenue GPA No. 2017-03; Sunflower Legacy Project GPA No. 2019-01; Westview Housing on 171" Street GPA No. 2020- 07. • The land use designations for the following properties identified by assessor parcel number (APN) have been corrected to correspond with the existing land use designations (APN 003- 161-10, 144-551-52, 016-045-19, 398-441-06, 411-131-38). No land use changes are proposed for these sites. • The land use designations for the following properties identified by assessor parcel number (APN) have been corrected to correspond with existing right-of-ways and will not be assigned a land use designation (APNs: 411-131-11, 008-131-33, 430-222-18, 430-222-19, 430-222-15, 430-222-17, 430-222-20, 430-222-22, 430-222-23, 398-082-33, 398-221-22, 398-221-23, 430-222-10, & 430-222-11). • The land use designations for the following properties identified by assessor parcel number have been revised to coincide with surrounding land uses or City park project (APNs: 396- 261-26, 396-261-38, 396-261-37, 396-261-38, 011-251-17, 011-251-18, 011-251-19, & 011- 251-20) OPEN SPACE ELEMENT Figure OS-2, Page OS-09 Figure OS-2: - Change the legend to read "Joint -use � Sc1]oo11". Table OS-3 Open Space Element Implementation, Page OS 16: OS 1.7: Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for Larger ..... ential „projects to require public parkland within City limits and a 10-minute walking distance of the new residential projects. OS 1w; a: Olen S aa:e and IC�a!rlk llanld Iln�centives. Allow developers a reduction in on -site open space by giving credits for the provision of park land for public use. Establish a process and program to incentivize dovolo�aors to .r2yidc additional on -site and/or publicly accessible open space :4 �,.i..... to create public park land and open sacep Research and collaborate with residents, develo�ers, and coininanFt o .........................................................................................................r....1�,"..Q.a......n..i....ations..tode�..................................................s.i...�..n.........Q..a......n......d...... irnplernent an open space density I:ronuas to incentivize the creation of additional on -site omen space in exchange for rnore density in the project. eincy/Ilir nefrar n&: IN3/Ri CS 1611 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ INTRODUCTION - Add an Introduction section for the General Plan to provide a brief overview of the GP's organization, a summary of the update process, and a glossary. City Council 3 37 — 230 12/7/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework and Maps November 8, 2021 The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan. The updated content is shown by element, with draft policy and implementation items displayed with tracked changed. Updates to maps, tables, time frames for implementation actions, and other text edits are either described or displayed as final content with a brief description of the nature of the changes. LAND USE ELEMENT Table LU-5, Land Use Designations, Grand Avenue and 171" Street Table LU-6, Land Use Designations, West Santa Ana Boulevard Table LU-7, Land Use Designations, 55 Freeway and Dyer Road - Revise General Commercial Land Use designation references in the Focus Areas such that the maximum height is changed from two (2) stories to 35 feet, consistent with height limit in General Commercial land use designations citywide. Figure LU-18, Land Use Map, 55 Freeway and Dyer Road Revise proposed General Commercial (GC) land use designation area east of the 55 Freeway, from 1.5 FAR back to existing 0.5 FAR (consistent with the existing land uses and zoning district allowances). Figure LU-19, Artist Rendering, 55 Freeway and Dyer Road - Note #2, General Commercial "The area surrounding .... allowing for existing hotel uses on both sides of the 55 Freeway to remain and promoting new commercial development. MOBILITY ELEMENT Figure M-2, Master Plan of Bikeways - Revise to show the following: 1. Newhope Street (New Class 11) a. between McFadden Avenue to V Street b. between Hazard Avenue to Westminster Avenue 2. McFadden Avenue between West City Limit to Harbor Boulevard (New Class 11) 3. Fairview Street (New Class 1) City Council 1 37 — 231 12/7/2021 Clarification to the August 2021 Draft General Plan November 8, 2021 a. Between Civic Center Drive and Trask Avenue b. Between Warner Avenue and Sunflower Avenue 4. Susan Street between Alton Avenue and MacArthur Boulevard (New Class 11) 5. Santa Ana River (New Class 1) a. between Edinger Avenue and MacArthur Boulevard b. between Memory Lane and SR-22 6. PE ROW between Westminster Avenue and Raitt Street (New Class 1) 7. OCFCD (New Class 1) a. between Westminster Avenue and West City Limit b. between 1st Street and Monta Vista Avenue c. between Occidental Street and Alton Avenue d. between Edinger Avenue and Sunflower Avenue 8. LOSSAN Corridor between 61" Street and Chestnut Avenue (New Class 1) 9. Greenville Street between Edinger Avenue and Warner Avenue (New Class 11) 10. Willits Street between Orange County District Flood Channel and Raitt Street (Class IV to Class 11) 11. Walnut Avenue (Class II to Class III) a. between 1st street and Raitt Street b. between west of Pacific Avenue and Pacific Avenue 12. Bristol Street between Edinger Avenue and Washington Avenue (New Class IV) 13. Civic Center Drive between Bristol Street and Broadway (New Class 11) 14. Chestnut Avenue between Cypress Avenue and Grand Avenue (New Class 11) 15. Cypress Avenue between Chestnut Avenue and 1st Street (New Class 11) 16. Standard Avenue between 1st Street and 41" Street (New Class 11) 17. 51" Street French Street to Lacy Street (New Class 11) 18. Lacy Street between 5t" Street and 6t" Street (New Class III) 19. Brown Street between Lacy Street and Garfield Street (New Class IV) 20. Garfield Street between Brown Street and 6t" Street (New Class IV) 21. 1st Street between Grand Avenue and East City Limit (New Class IV) 22. Cabrillo Park Drive between 1st Street and 4t" Street (New Class 11) 23. Grand Avenue (New Class 11) a. between 215Y Street and Fairhaven Avenue b. 1st Street and 4t" Street 24. Fairhaven Avenue Dayna Street to East City Limit (New Class IV) 25. Sunflower Avenue Bristol Street to Main Street (New Class 11) 26. Warner Avenue Pullman Street to Red Hill Avenue (New Class 11) Implementation Action M-4.4 - Reevaluate the Residential Permit Parking Program to ensure it complies with state law and best practices. City Council 37 — 232 12/7/2021 Clarifications to the August 2021 Draft General Plan Draft Policy Framework, Maps, Tables, Implementation, and Text November 1, 2021 The following represents minor revisions and corrections made to the August 2021 version of the Draft Santa Ana General Plan. The updated content is shown by element, with policy and implementation actions displayed with tracked changes. Updates to maps, tables, time frames, and other edits are either described, shown with tracked changes, or displayed as final content with a brief description of the nature of the changes. VISION STATEMENT [each element] A SHARED VISION Santa Ana is a city that promotes the health and wellness of all residents, with a civic culture that actively embraces the power of diversity. Our city invests in resources that create economic opportunities for the next generation, and it is a community that celebrates our past while working together to create a sustainable future. CONSERVATION ELEMENT Implementation Action 1.19 Climate Action Plan. Review and update the City's Climate Action Plan. Time frame: 2023 [updated to reflect Council Climate Action Resolution on 917121] Table CN-1, CalEnviroScreen Scores for Environmental Justice Communities The table was updated with the final CES 4.0 results, which were finalized and released in October 2021. Based on the final composite scores, two census tracts were added that met the 75t" percentile criteria (6059074005 and 6059074106) and one census tract was removed that no longer met the 75t" percentile criteria (6059074004). The individual composite, pollution, and population percentile scores, as well as the individual pollution and population variables were also updated based on the finalized CES 4.0 results. Figure CN-3, Environmental Justice Communities - The map updated with the final CalEnviroScreen (CES) 4.0 results, which were finalized and released in October 2021. Based on the final composite scores, two census tracts were added that met the 75t" percentile criteria (6059074005 and 6059074106) and one census tract was removed that no longer met the 75t" percentile criteria (6059074004). City Council 1 37 — 233 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 OPEN SPACE ELEMENT - POLICY OS-1.2 PARKS AND RECREATION SYSTEM* 3rr:bOde and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. - POLICY OS-1.3 PARK STANDARD* Establish and maintain public parks, open space, and recreation requirements for new residential and nonresidential development to provide sufficient opportunities for Santa Ana residents and visitors. Attain a minimum of two acres of land per 1,000 persons residing in the City of Santa Ana. - POLICY OS 1.4 PARK DISTRIBUTION* Ensure the City residents have access to public or private parks, recreation facilities, or trails in the City of Santa Ana, within 10-minute walking and biking distance of home. Prioritize provision, programs, and partnerships in park deficient an environmental justice areas. [Policy OS-1.4 was left out of the August 2021 draft due to an editing error and showed up as a duplicate of Policy OS-1.5.] Implementation Action 1.7 Public parkland requirements for residential projects. Update the Residential Development Fee Ordinance for Larger Residential Projects to require public parkland within City limits and a 10- minute walking distance of the new residential projects. Allow developers a reduction in on -site open space by giving credits for the provision of park land for public use. Establish a process and program to incentivize publicly accessible open space through the coordination between two or more residential projects (of any size) to create public park land and open space, such as exploring housing density bonus options . Implementation Action 1.16 [new action] - Acquisitions to meet park standard. Using the Park Master Plan as guidance, identify and acquire property within the City for park and open space use which will focus on bringing the park and recreation system to 2 acres of land per 1,000 residents with a plan to keep pace with future urban growth. Agency/Time Frame: PRCSA 2022 & ongoing Table OS-1, Open Space Resources - The table (listing and acreage) was updated to recategorize Roosevelt Community Center from a Neighborhood Park to as a joint -use facility and a part of the Roosevelt Community Center Park. - The table (listing and acreage) was updated to remove Griset Park and Neal Machander Tennis Center as both facilities are school facilities without joint -use agreements. - The table (listing and acreage) was updated to rename "Willard Intermediate Park" to "Willard Intermediate Playlot", with the acreage figure update to reflect more accurate boundaries. City Council 2 37 — 234 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 - The table (listing) was updated rename "Willard Intermediate Park" to "Willard Intermediate School". - The table (listing and acreage) was updated to remove Spurgeon Intermediate and Rosita Elementary schools as joint -use agreements are no longer active. - The table was updated to correct the number of linear miles of City bikeways/trails from 22.7 to 15.74 miles. - The table was updated to incorporate the numerical references found on Figure OS-1, Open Space Resources. Figure OS-1, Open Space Resources - The map was corrected to be consistent with Figure M-2, Master Plan of Bikeways. The correction involved the removal of the Class I Bikeway/Trail segment west of Broadway. - The map was corrected to reflect changes in Table OS-1, to correct the categorization of Standard and McFadden as a public park, to remove the sole private park, and to update the legend accordingly. Figure OS-2, Walking Distance to Park Facilities The map was updated to reflect the correct darker blue colorization for the Joint -use Park symbology, to reflect changes in Table OS-1, and to reflect a more accurate listing of joint -use facilities. SAFETY ELEMENT Table of Contents - The reference date for the City's draft Local Hazard Mitigation Plan was updated from March 2021 to August 2021 to reflect the latest version. Preamble, page S 01 - The following text was added to specifically incorporate the City's Local Hazard Mitigation Plan by reference into the General Plan. "The Local Hazard Mitigation Plan (LHMP) for the City of Santa Ana planning area was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA's 2011 Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities." LAND USE ELEMENT - POLICY LU-1.6 TRANSIT ORIENTED DEVELOPMENT City Council 3 37 — 235 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 Encourage residential mixed -use development within the city's District Centers, Urban Neighborhoods, and adjacent to high -quality transit. - POLICY LU-2.8 CITY IMAGE Encourage land uses, development projects, and public art installations that promote the city's image as a cultural, governmental, and business -friendly regional center Implementation Action 3.25 - LU IA 3.25 Engage EJ communities. Work with community serving organizations, neighborhood leaders, and residents to form an Ad Hoc Committee to develop ongoing EJ Community Engagement programs for existing and new disadvantaged EJ communities, including multilingual communication protocols. Host biannual or quarterly Roundtable meetings with local stakeholders to guide and evaluate implementation of environmental justice policies. Table LU-3, Density and Intensity Standards, page LU 17 The table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. - The table was revised to provide more specific maximum intensity and height standards for the MainPlace (DC-2.1) and City Place (DC-2.54) development areas that align with the approved zoning. Footnote 2, Typical Maximum Height, was revised as follows to add additional language to ensure that readers understand the City's intent to govern height through general plan policy standards and zoning regulations: Typical Maximum Height. The typical maximum heights identify the upper limit of a typical building height within each density and intensity category, IlbUt the aa(_AL aall Irrnaaxiirrnaalrrn standard aallllaavaed on eaan:lln rMote rrnaay be rl 11'elrent than IIiIrMl.ed in l.lhn s taalt lle. The allowable height of development on any parcel is subject to the zoning standards (in Chapter 41 of the Santa Ana Municipal Code) and, if within a focus area, the focus area maximum height (starting on page LU-26 of this element), both of which may further restrict the allowable height. Some properties within a height district, as defined in Section 41-602 of the municipal code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights above the typical maximum height depicted here. The ,enema 11 rnllaan Ina:ryilght standard rM[naallll a:ryrpaaaall the zoning height standard where the allowable height in the zoning standards differs from the typical maximum height shown in this table. TIhn s iirx'_] axles, IlbUt iS not krrnol.ed l.aathe f6llloMing. Metro Eat IWxed-Use Overlay aMaalbzone Village Center= 6 story Irrnaax, rMaalbzona:ryActive llrba n -. no Ikirr0 , II-iaalrll,or IWxed Use TrainsCorridor SIlna:cific, INaarn _ aMaall zoine Transit lya:ada, _. 10 story Irrnaax, rMaall zoi ne lya ighba:aaha:aa: d Transitional = 3 story max, subzone Corridor = 4 story max; Transit Zoning Code - subzone Corridor = 3 story max. - Revised Footnote 4, Exception Areas, to add the following language: The 4th and Mortimer project designated UN-30 allows densities up to 50 du/ac. The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. City Council 4 37 — 236 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 Figure LU-1, Land Use Map, page LU 12 - The map was revised to reflect the Change from DC-5 to UN-50 for portions of the Transit Zoning Code designated as Urban Center. Figure LU-4, Density and Intensity Map, page LU 16 The map was revised to change: o From DC-3 to DC 2.1 for the MainPlace SP o From DC-3 to DC 2.54 for the City Place development o From DC-3 to DC-5 for portions of the Harbor Corridor SP designated as Transit Node o From DC-5 to UN-50 for portions of the Transit Zoning Code designated as Urban Center o From UN-20 to UN-40 for portions of the Transit Zoning Code designated as Corridor o From UN-50 to UN -30 for portion of the Transit Zoning Code designated as Urban Neighborhood 2 Table of Contents - The title of Appendix A was revised from "Focus Area Interim Development Guidelines" to "Focus Area Interim Development Standards" to ensure that readers understand the City's intent to use the direction provided in Appendix A as zoning regulations until such time that the City's Municipal Code is updated. Caption to image before preamble - Sana Ana County Seat and Downtown. Introduction, page LU 02 - The city has also expanded beyond its historic role as the civic center and County Seat of Orange County and is emerging as the county's cultural and economic hub. Density and Intensity Standards, page LU 14 - First paragraph under previous header of "DENSITY AND INTENSITY IN SANTA ANA" moved to be first paragraph at the top of the page. Nonresidential Intensity Floor area ratio (FAR) is a measurement used to identify nonresidential land use intensity. The FAR is the ratio of the total gross floor area of all buildings on a lot compared to the total area of that lot. Higher FARs generally indicate larger buildings and/or more stories, but Figure LU-3, Floor Area Ratio (FAR), illustrates that the size and height of the building can vary a great deal within the same FAR. Note, FAR is also a measure used in mixed -use area buildout as described below. City Council 5 37 - 237 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 - Mixed Use Density and Intensity To encourage a dynamic mixture of residential, office, clean industrial, and commercial uses in mixed -use areas (Industrial/Flex, Urban Neighborhood, One Broadway Plaza District Center, and District Center'), when both residential and nonresidential uses are planned the density... [added Footnote 1]: 1. M("trl(,t C4:'_'IrntQ'_IYs that aVIr4:'_' part of aV spe(:4I r(Ila inlrnling area, as shown on RgUll4! LU 2, 011 SUlu➢j4:'_-A to sp(: (:4a l Kiev(.. llopirrnei nt standards Irrnany be ir(ryl.;Uated by FAR aVlloi ne. - Rounding [new text] When calculating the square footage allowed for a proposed development, no upward rounding is permitted in determining the final permitted intensity. Likewise, no upward rounding is permitted in calculating the allowable number of residential units. For example, in a calculation producing a yield of 12.7 units for a given development site, 12 units are permitted. Footnote 1, Typical Maximum Height, pages LU 18, 19, and 21 1. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. Some properties within a height district, per Section 41-602 of the Municipal Code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights in excess of the typical maximum height shown here. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. Industrial / Flex category revisions, page LU 22 - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Typical Maximum Height Footnote 1, page LU 22 1. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. UN category revisions, page LU 23 - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Typical Maximum Height Footnote 2, page LU 23 City Council 6 37 — 238 12/7/2021 Clarifications to the August 2021 Draft General Plan November 1, 2021 2. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown on this page. This includes, but is not limited to the following: Harbor Mixed Use Transit Corridor Specific Plan - UN-30 in subzone Neighborhood Transitional = 3 story max, UN-50 in subzone Corridor = 4 story max; Transit Zoning Code - UN-40 in subzone Corridor= 3 story max. UN-30 Footnote 3, page LU 23 3. UN-30 designations in the South Bristol Street Focus Area have a maximum height of 3 stories (see Table LU-8 on page LU-62). Where the maximum height allowed in a focus area conflicts with the height shown on this page, the focus area maximum height shall prevail. The 4th and Mortimer project designated UN-30 allows densities up to 50 du/ac. DC category revisions, page LU 24 DC 2.1 and DC 2.54 categories added table with description of DC land uses, with maximum intensity and height standards to align with the approved zoning. - Maximum Intensity in table was revised to clarify that density and intensity may be regulated by floor area ratio (FAR) and/or dwelling units per acre (du/acre) for mixed use designations. Footnote 2, page LU 24 2. The typical maximum height identifies the upper limit of typical building height, but the actual maximum standard allowed on each site may be different than listed on this page. The allowable height of development on any parcel is also subject to the zoning standards (Chapter 41 of the Santa Ana Municipal Code), which may further specify allowable height. Some properties within a height district, per Section 41-602 of the Municipal Code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights in excess of the typical maximum height shown here. The general plan height standard shall equal the zoning height standards where the allowable height in the zoning standards differs from the typical maximum height shown. This includes, but is not limited to the following: Metro East Mixed -Use Overlay - DC-3 in subzone Village Center= 6 story max, DC-3 in subzone Active Urban = no limit; Harbor Mixed Use Transit Corridor Specific Plan - DC-5 in subzone Transit Node = 10 story max. Footnote 4, page LU 24 [new text] 4. The Harbor Corridor Specific Plan District Centers are limited to a max of 90 units per acre. City Council 7 37 — 239 12/7/2021 ABOUT THE MAP. This map displays the City's long-term plan for a comprehensive bicycle network, with a hierarchy of faci I itiesthat provide varying levels of design, signage, and separation from vehicles. The City intends to provide a safe and efficient system that reduces the reliance on the automobiles and facilitates an increase in bicycling by choice. Table M-2 describes each bicycle classification. Class I Path Class III Bike Route / Boulevard Class II Bike Lane Class IV Cycle Track Source: City of Santa Ana (2020) Date Published: 11/8/2021 Council ` I(G' C 1' Y 0 IIF S!` N1'A A IN A G'a IF IN IF=1I"k A 11 13 11A IN 37 — 240 1217129URE ®2 TABLE C-1. CALENVIROSCREEN SCORES FOR ENVIRONMENTAL JUSTICE COMMUNITIES Census Low Percentile Score & Quartile Rank Variables in the Upper Quartile Tract Neighborhood(s) Income Composite Pollution Population Pollution Population 6059074003 Delhi No zt 56 AQ I DPM STD I CS LB IGWIHZIL 6059074300 Delhi, Madison Park Yes : 73 AQ CS GW HZ LB I ED I HB �L�SW 6059074200 Delhi, Madison Park, Yes 71 AQ I GW I L I HZ ED I LI I POV Memorial Park Sunwood Central, 6059074005 Rosewood Baker, South Yes 65 AQ I L ED I LI Coast 6059074108 Centennial Park Yes 66 AQ I L I CS I HZ LB I ED 6059074106 n/a Yes 56 AQ I CS I GW I HZ LB I ED 6059074109 Valley Adams Yes t, 65 AQ I L I HZ ED I HB 6059089004 Riverview West Yes z AQ I DPM I L EDP LI I POV I HB 6059089001 Riverview West Yes zt 70 AQ ED I LI I POV I HB 6059089105 Santa Anita Yes z 65 z AQ I L I TD ED I LI I POV I HB 6059074403 Cornerstone Village, Yes z 57 AQ I TD I CS I HZ ED I LI I POV I HB Lyon St 6059074406 Lyon St, Saddleback IIIIIII I AQ I DPM I TD I CS ED I LI I POV I HB View Yes r „� ��� I SW I L I LB 6059074602 Madison Park, Pacific Yes z t AQI CS I HZI L EDP LIB POV I HB Park 6059074502 Cedar Evergreen, Yes z t, �� t IIIIIII � AQ I CS I GW I HZ EDI LI I POV F HB Madison Park L French Court, French AQ I DPM I TD I CS 6059074405 Park, Lacy, Logan, Yes I SW I L ED I LI I POV I HB Pacific Park Downtown, French Park, AQ I DPM I CS I HZ 6059075002 Heninger Park, Lacy, Yes �t t: SW L LB I EDP LI I POV Pacific Park, Willard Rankings 111111\l \ll\1 \ll\ll\ll Quartile 2 =Moderate rQuarHle 3 — Poor ----------------------- uul111101 mulliu)uu ili IIIIVi Ill�ii�i�u u2�uu m m uiiiu Variable in the CES 4.0 model: Pollution Exposure Environmental Effects Sensitive Population Socioeconomic Factors AQ= Air Quality (incl. CS = Toxic Cleanup Sites LB = Low Birth Weight LI = Linguistic Isolation Ozone, PM2.5, Toxic Releases) GW: Groundwater Threats POV = Poverty DPM- Diesel Particulate Matter HZ = Hazardous Waste HB = Housing Burden TD = Traffic Density SW = Solid Waste Sites/Facilities ED = Educational Attainment L= Lead UE = Unemployment Note: Indicators not ranked in upper quartile: air quality (ozone); air quality (PM2.5); drinking water contaminants; pesticide use; impaired water bodies; asthma; cardiovascular disease; unemployment. Low income status consistent with Assembly Bill 1550 and mapping by the California Air Resources Board. ity Council 37 — 241 12/7/2021 ®I r `iiG, CITY Cell: SAIINTA AII" A G'alf.;.lITEll"kA11.. If 11 ANMr 6059074801 I Artesia Filar, Central City I Yes Rankings AQIHZIL EDILIIPOV AQIDPMITDIL EDLIPOVHB AQ EDLIPOVHB AQICSIHZIL EDILI AQICSIHZIL EDILIIPOV Variable in the CES 4.0 model: Pollution Exposure Environmental Effects Sensitive Population Socioeconomic Factors AQ= Air Quality (incl. CS = Toxic Cleanup Sites LB = Low Birth Weight LI = Linguistic Isolation Ozone, PM2.5, Toxic Releases) GW: Groundwater Threats POV = Poverty DPM- Diesel Particulate Matter HZ = Hazardous Waste HB = Housing Burden TD = Traffic Density SW = Solid Waste Sites/Facilities ED = Educational Attainment L= Lead UE = Unemployment Note: Indicators not ranked in upper quartile: air quality (ozone); air quality (PM2.5); drinking water contaminants; pesticide use; impaired water bodies; asthma; cardiovascular disease; unemployment. Low income status consistent with Assembly Bill 1550 and mapping by the California Air Resources Board. City Council 37 — 242 1217120 CI�:�� ii � �'�A ii��� A iiA a� o-; ii iF.= ii���� a ii�m u..A ii MPb, ii� ABOUT THE MAP. This map shows the boundaries of Santa Ana's environmentaIjustice communities based on data from CaIEPA's CalEnviroScreen tool. The boundaries represent the areas where the City's policies will emphasize and prioritize improving existing environmental conditions, expanding access to public facilities and resources, and augmenting opportunities for civic engagement. I�I?I I�f La Veto Ave p ............ �. 2 Garden Grove Blvd � - Fairhaven Ave f i ll ill `t I. N `t V G Environmental Justice Communities FIGURE CN-3 EUMMOIJUEVIAL JUSTICE C014141JIJITI Source: CalEnviroScreen 4.0 Date Published: 11/1/2021 Environmental Justice Community: The City uses a mapping tool from CalEPA called CalEnviroScreen (CES) to identifythe mostvulnerable and disadvantaged areas in Santa Ana. The CES tool measures 21 indicators for every census tract in California related to people's exposure to pollution and quality of life. The results for each census tract are combined and measured against every other census tract, producing a composite score that ranks census tracts from the least impacted to the most impacted. Those ranked in the top 25 percent —shown with values between 15 and 100 percent —are considered disadvantaged or environmental justice communities. City Council 37 — 243 1217120 CI���� �:�� i� � �'�A iw��� A iw A a� iF; iw iF.= il��� a i��m u..A iw MPb, Rio „I1ABLE OS,,,1v OPEN SPACE RESOURCES Park Name Acres Park Name Acres Park Name Acres I RUM, ,O M 3u1 dlc a ilw iM i ��111111 1111' iu iu ii u INMENEMMENNEEMM 1. Carl Thornton Park 32.70 3. Jerome Park 19.27 5. Santiago Park 34.57 2. Centennial Regional Park 65.26 4. Memorial Park 16.30 -- 11�fi aok a�° as as s 6. Adams Park 5.68 14. Edna Park 3.56 22. Portola Park 9.07 7. Angels Community Park 1.60 15. El Salvador Park 8.91 23. Riverview Park 8.33 8. Birch Park 2.37 16. Fisher Park 2.58 24. Rosita Park 8.68 9. Bomo Koral Park 10.40 17. Heritage Park 6.44 25. Sandpointe Park 7.73 10. Cabrillo Park 7.60 18. Lillie King Park 10.40 26. Santa Anita Park 5.05 11. Cabrillo Tennis Center 3.61 19. Mabury Park 5.46 27. Windsor Park 10.81 12. Cesar Chavez Campesino Park 6.48 20. Madison Park 6.04 -- -- 13. Delhi Park 9.94 21. Morrison Park 5.12 r- 28. 17th Street Triangle 0.70 34. Garfield Fitness Park 0.10 40. Raitt and Myrtle 1.09 29. Chepa's Park 0.41 35. Maple occidental Exercise Park 0.96 41. Saddleback View Park 0.92 30. Colonel William W. Eldridge Park 1.20 36. Mariposa Park 0.43 42. Sarah May Downie Herb Garden 0.13 31. Fairview Triangle 0.74 37. McFadden Triangle Park 0.77 43. Segerstrom Triangle Park 1.33 32. French Park 0.21 38. Memory Lane Park 0.56 44. Standard and McFadden Park 0.66 33. Friendship Park 0.10 39. Pacific Electric Park 1.41 45. Willard Intermediate Playlot 0.12 46. Civic Center Plaza 4.89 48. Santa Ana Zoo at Prentice Park 18.75 47. Plaza Calle Cuatro 0.20 49. Sasscer Park 0.94 �% �1/ %f % 111 lullllj ��z��z�z�zH 50. Garfield Community Center 0.39 53. Madison Elementary School 0.03 56. Willard Intermediate School 4.85 51. Godinez Fundamental High School 18.58 54. Monte Vista Elementary School 2.40 52. James Monroe Elementary School 2.91 55. Roosevelt Community Center Park 2.62 IIIIIIIII II IIII IIIIIII IIII IIIIIII IIIIIII IIIIIII IIII IIIIIII II IIIIIII IIIIIII IIIIIII (IIIIIII IIII IIIIIII I II II 57. River View Golf Course 81.78 59. Fairhaven Memorial Cemetery 66.83 61. St. John's Lutheran Cemetery 4.23 58. Willowick Golf Course 102.11 60. Santa Ana Cemetery 27.82 City Bikeways/Trails - 15.74 miles Santa Ana River Trail 3.70 miles Notes: The numbering corresponds to the labels on Figure OS-1, Open Space Resources. The list of parks and acreage figures are accurate as of October 2021. All figures are subject to rounding. ity Council 37 - 244 12/7/2021 ®I r ` t C T Y Cell: "�� A IN T II" G'a lf.;. IN E lF 1"k u.. Ifg 11 A 10 ABOUT THE MAP. This map shows the number, type, and distribution of open space areas in Santa Ana, with the majority representing parks and trails owned and operated by the City. The City also maintains joint -use agreements with schools to expand public parks and recreation resources. Golf course and cemetery areas provide a more limited form of recreation or open space. See Table OS-1, Open Space Resources, for a listing of parks and open space resources with numbering that is consistent with the labels on this figure. Open SpaceType V Community Park Neighborhood Park Small Park Specialty Park Joint -use School Source: City of Santa Ana 2021 Date Published: 11/22/2021 Golf Course ........,:. Class 1 Bikeway/Trail (Existing & Planned) Cemetery y Council 37 — 245 12/7/20 FIGURE t, PENOSPACE IRESOURCES CIITy 01IF SAIIITA AIIIA toIF:.IIIIE:.IRA II IfbIII..AIII ABOUTTHE MAP. This map shows the walking distance from publicly accessible parks. This map can help identify neighborhoods that may be underserved or have limited access to parks and recreation facilities. The City seeks to ensure an equitable distribution of access to these facilities for all Santa Ana residents. Source: City of Santa Ana 2021 Date Published: 11/29/2021 Park Type Walking Distance From Existing or Proposed Park Community Park Specialty Park 1/4 Mile Neighborhood Park Joint -use School 1/2 Mile Small Park Class 1 Bikeway/Trail Current or Future Residential Area more than 1/2 Mile (Existing & Planned) Walking Distance from an Existing or Planned Park Facility °III�D t Council 37 — 246 12/7/20 I �U IN G DPI °Id" III E ll"O IR • IlanK IIF • R Id"CIE S CIITy 0IIF SAIII l'A AIIIA toIF:.IIIIE:.IFAII IfbII..AII" About the Map. Figure LU-1 shows the fundamental pattern of land use by displaying the pattern and distribution of land use designations across the entire city, down to the parcel level. DAIS I: La Veto Ave — Garden Grove Blvd ,,,r �' I�Q�vw m' m " WI FairhavenVIINIVA 1 I,7rask Ave„�� G�j%^mVSeQarra Av,� re ...westM.JI,r Ave III , � ,; ,%'�uuuuuuuu. �� 7rm ����������I�IIIllIII�➢ ill will, l �I�II o I > 7e!" IIIII I�I'Civic, Cen�erCir@�i® m�azard ✓",at ����✓� . li-SuT t ull t0� a3�////r l ���.... "�, I9liiio� i nmr Santa eo pv��; �u, COI lulu �pimm � 4 iu , kS"M it �U,mnni ou» Wl �WIIIRR�b nglllililnlimuu o00o Dill ouiuionm,,uuui�¢;„�ali»i uuluuu0i. G;101(I(0I „4Th' S`'t/ uuAna Blvd ar e�m�muu�wmt ��uw!t uuuunmm a ma �I„" ..15t S2.,t��Iw�u,i';��,w", mouoou loliI .�,... ...1�II�f�1f1� I A�® »ipliu�ul �lluiinHiluumm�mra u,u mmn Vl��. V °° wI o eull�I .oui°uiu at➢11UI)II IU01111 IChestnut Ave '10 .�..I.......... .. IL �..... � u�. IIIII z hpll�llllllll lu�h VIU � McFladden Ave m �......��. .......... ... ,...All ro U Q IIIII RW N O mom p m FMIF IN" Edinger Ave , III � l ill IS I A IS VA E Y ,;,,; ,. III : Warner Ave � II 1' m ppp Slater Ave Segerstrom Ave IIIIIIIIJ "iB",IRaN I � Sri 1. I III S I N _ _ lU���� IIIIUIJII' ����IIII Av/��c ' p ton Ale 0 Talbert Ave NMacArthur Blvd o NN 55 rye' RMWINN LL IIV uuuuuum ��d .", a "IISI C S I A S GS J r, ` I.........................I Source: City of Santa Ana 2021 Date Published: 11/30/2021 General Plan Land Use LR-7, Low Density Residential LMR-11, Low -Medium Density Residential MR-15, Medium Density Residential OR-30, Corridor Residential Council INS, Institutional OS, Open Space PAO, Professional and Administrative Office GC, General Commercial IND, Industrial 37 — 247 FLEX, Industrial/Flex UN, Urban Neighborhood OBPDC, One Broadway Plaza District Center IIIIIIIIIIIIIIIIIIIIIIIII DC, District Center FIGURE LU-1 13j#MP2 SE MAP I r u R I�� IIIV III I�� C II T X 0 IF SA II TA A III A G'a IFz III IF= II"k A 11. Ifg 11.A III About the Map. Figure LU-4 combined with Table LU-3 describe the general plan standards for development intensity and density and show where they apply. M to Veta Ave Ji'ofW ,gym / ,d DC ]@ DC r ���J F- NN, Garden Grove Blvd r,°,m III�� w°a -1] �,mry�°"0am"-wut„ a °I faIi Eairh� a ° 2 3 Di -1 4 o av nIWNNPA,ue1 p e rf AO ] ,-.. �IVIII U a 1. PAO ] u i 'Trask Ave —! �m o �j' (Santa Glarra Avell�, PAO I ,... Westminster ster AveJUN ��m-.7mT4h StVuuumuum , ➢ m �.� mmN,�IN '�I� Illllllllllllluuu �� �.� DC 5�....UN-20fAO I Hazard"AUI�{,� 20 fIEX IIVIII1I111 U �ml�Q,PAO ]u30 UN 30 w, PAO 2 Ir UN 3fl VQJqIN€ 0NNlulu lill;4 rE f m , , G..-,-- ,� �r�S,tiMo � a iilli�"UUN,JfI �79 „4Th ,Sat - IEXI] ,ruuiw molememm!„ "� IV ..,J.,J!1 ,,,ADC 3yL r �• ...{1C-]. �f rl santa 01JJ1il Nm "i='F��,� Dca u i�mum p wuw DC , UN-;f0`" ' �a iouu � „,„. 1st SB..V�� IIII uouo of N' It DC .. i I N sn nn chAve 3estnut UIJIl11J1JJ1J, p �p� IIIIIIIIIIIIIIIIII� nd,��E,aGl�kid e n Ave .w...�I�............. ,.., r ly �I y II, IIUP ��� L. Edinger Ave ®.� Warner ��. Ave > ®��Puulw 0I I I X 3/ 111111G1 m Se erstro Ave fr�III�.. fIIX3 y Slater Ave m g "r ,�` Gc 15 IAt I U I Dyer Rd ff o �uu• DC-2 Alton Ave fIEXX,i IIIV Talbert Ave � MacArthur Blvd DC-2 ;;...... »r ed^n „ ��ryrypp�p puw„pI d� IIV NI� uu DC 1 DG]5 \V`U '.. w.k... u. COSIA WESA�...........................................I Amy 0 0 05 ]. Source: City of Santa Ana 2021 Date Published: 11/30/2021 General Plan Land Use LR-7, Low Density Residential INS, Institutional ����������������������������������������� FLEX, Industrial/Flex LMR-11, Low -Medium Density Residential OS, Open Space UN, Urban Neighborhood MR-15, Medium Density Residential PAO, Professional and Administrative Office OBPDC, One Broadway Plaza District Center CR-30, Corridor Residential GC, General Commercial DC, District Center IND, Industrial ity Council 37 — 248 �u D IIIII�� CITY 0II:. SAII i' III G' I IEIIR II .. IfgIL. III Mi � IF��.I FIGURE LU-4 INTENSITY MAP 12/7/2021 TABLE LU-3. DENSITY AND INTENSITY STANDARDS Low Density Residential (LR-7) 7 du/ac 2 stories' Low -Medium Density Residential (LMR-11) 11 du/ac 3 stories' Medium Density Residential (MR 15) 15 du/ac 3 stories' Corridor Residential (CR 30) 30 du/ac 3 stories' Institutional (INS) n/a n/a II IIIIIIIIIIII u���UUUUYIYI�� Open Space (OS) n/a n/a Professional and Administrative Office (PAO) 0.5 FAR 35 feet or 3 stories' I'llf) I Professional and Administrative Office -Medium (PAO-1) 1.0 FAR 35 feet or 3 stories2,3 Professional and Administrative Office -Medium High (PAO-1.5) 1.5 FAR 35 feet or 3 stories' 1"FlA'0/ -1] Professional and Administrative Office -High (PAO-2) 2.0 FAR 35 feet or 3 stories2,3 General Commercial (GC) 0.5 35 feet' General Commercial -Medium (GC-1) 1.0 FAR 35 feet',' General Commercial -Medium High (GC-1.5) 1.5 FAR 35 feet',' Industrial (IND) 0.45 FAR" 35 feet' Industrial/Flex- Low (FLEX-1.5) 1.5 FAR and/or 30 du/ac 3 stories' f�LX„3 Industrial/Flex- Medium (FLEX-3) 3.0 FAR 10 stories' �IIIV��il Urban Neighborhood -Low (UN-20) 1.0 FAR and/or 20 du/ac 3 stories' Urban Neighborhood -Medium Low (UN-30) 1.5 FAR and/or 30 du/ac4 4 stories',' �111V; it Urban Neighborhood -Medium (UN-40) 1.5 FAR and/or 40 du/ac4 5 stories' �rnn �j�mVdlhm�ljr Urban Neighborhood -Medium High (UN-50) 1.5 FAR and/or 50 du/ac4 6 stories' One Broadway Plaza District Center (OBPDC) 2.9 FAR 37 stories' 0f District Center -Low (DC-1) 1.0 FAR and/or 90 du/ac 6 stories' a( 1 4i District Center -Medium Low (DC-1.5) 1.5 FAR and/or 90 du/ac 10 stories' a( 'l District Center -Medium (DC-2) 2.0 FAR and/or 90 du/ac 10 stories',' a( 'l District Center -Medium (DC-2.1) 2.1 FAR 20 stories 6 District Center -Medium (DC-2.54) 2.54 FAR 5 stories J(3 District Center -Medium High (DC-3) 3.0 FAR and/or 90 du/ac 10 stories' District Center -High (DC-5) 5.0 FAR and/or 125 du/ac4 25 stories',' Notes: 1. Maximum Density/Intensity. The maximum density/intensity identifies the upper limit of density and intensity allowed within each category. All development is also subject to the zoning standards (in Chapter41 ofthe Santa Ana Municipal Code), which mayfurther restrict the allowable density or intensity. Zoning standards shall not exceed the maximum density/intensity standards herein unless listed as an exception area in the notes below. FAR calculations exclude structured parkingsquare footage. 2. Typical Maximum Height. The typical maximum heights identify the upper limit of a typical building height within each density and intensity category, but the actual maximum standard allowed on each site maybe differentthan listed in this table. The allowable heightof developmenton anyparcel is subjectto the zoning standards (in Chapter 41 of the Santa Ana Municipal Code) and, if within a focus area, the focus area maximum height (starting on page LU-26 of this element), both of which may further restrict the allowable height. Some properties within a height district, as defined in Section 41-602 of the municipal code, within an adopted or existing special planning area shown on Figure LU-2, or subject to Specific Development (SD) standards allow heights above the typical maximum height depicted here. The general plan height standard shall equal the zoning height standard where the allowable height in the zoning standards differs from the typical maximum height shown in this table. This includes, but is not limited to the following: Metro Fast Mixed -Use Overlay - subzone Village Center= 6 story max, subzone Active Urban = no limit; Harbor Mixed Use Transit Corridor Specific Plan -subzone Transit Node=10 storymax, subzone Neighborhood Transitional- 3 story max, subzone Corridor- 4 story max; Transit Zoning Code - subzone Corridor= 3 story max. 3. Maximum Heights in Focus Areas. Properties inside focus areas with PAO-1, PAO-2, GC-1, GC-1.5, UN-30, DC-2, and DC-5 designations may have a lower maximum height than shown here (see Focus Areas starting on page LU-26for the maximum heights allowed in each focus area). Where the maximum height allowed in a focus area is lower than the typical maximum height shown in this table, the focus area maximum height shall prevail. 4. Exception Areas. The Lake Center Development, near Lake Center Drive and Susan Street, defined bySpecific Development Plan Number 58 (SD-58), allows intensities up to 0.72 FAR. The property located at 4040 W. Carnegie Ave. and approved by GPA No. 2000-08 allows intensities up to 0.47 FAR. Select properties designated UN-30 may also permit Hybrid Courtbuildine tunes with himher residential densities Der the TransitZonine Code. The 4th and Mortimer Droiect in SD-84 desienated UN-30 allows densi t �Sunflower Legacy project in SD-94 designated UN-50 allow ��sitie t�an.,�63 units per acre. The Harbor Corri r4���] Plan District s � 'a max of 90 units per acre. The Westview Housing project (5� 7) design t�'d as UN-40 allows density up to 425 hj3 � CITY (1311 :,� II "'� II.�. III Ga IF... III If.... II"�!`t II .., III FIGURE LU-11 LAND USE MAP GRAND AVENUE AND 17TH STREET w, � J JNTRY RDA/�O//i��,._ NIA AV/ T0 VI:IVI0NT [T IN R Ca L..IJ IN a. `h IN 41 CIARA AV[ ,1 RUF FAI (:') A\/F AVA10N AVf �A AL INA A\/f �.1 � �VIII f5.1 y aI IING f()N AVI: LU 40 TABLE LU-5. LAND USE DESIGNATIONS GRAND AVENUE AND 17TH STREET Transit -oriented urban village with a wide range District Center 2.0 FAR or 6 and mix of residential, -Medium 90 du/ac stories live work, commercial, and employment -generating uses.... Urban -high E l�ll Neighborhood g 1 0 FAR or 3 an Medium density urban ���� Low 20 du/ac stories neighborhoods with a mix of attached single- and ���ononpfl Urban 1.5 FAR or 4 multifamily housing; mixed - � Neighborhood 30 du/ac stories use residential with round - g Medium Low floor retail, services, and U...a Urban ��)t��o ���1l+riiull44riari� Neighborhood 1.5 FAR or 5 restaurants; cultural uses; �;;, 40 du/ac stories public open aces p p p Medium 000000s rfl Industrial/Flex 91)(5 3 Office/industrial flex spaces, -Low 1.5 FAR stories small-scale R&D, clean manufacturing 1 Follqu General 35 Shopping, restaurants, I�umulSullluiiiVl� Commercial 1.0 FAR feet entertainment, service -Medium commercial Notes: QThe focus area also includes 17TH a nominal amount of land used by railroad operations and mapped with the 110111 Open Space land use designation. mt I I � See Table LU-9. Notes for All Focus Area Designations, for additional notes. < 1 f� cr Cl I J w J cr co VV f I I I I\J(.I UN Ale^L; r1 0 fiS 1 (� I ri 17 ; � 7 ', W k i a I.....I a --- 4TH ST � N TV - City Council 9,c 7 50 1 1ST ST 021 FIGURE LU-15 LAND USE MAP WEST SANTA ANA BOULEVARD ESTM I NSTE R" AV w O w Z HAZARD AVE ';, I L :\ I 1) ", IFLIF' �1l�5 TABLE LU-6. LAND USE DESIGNATIONS WEST SANTA ANA BOULEVARD UN 20 I -FLEX 1.e5 Low Density du/ac 2 stories Low-rise single-family neighborhoods .... Residential .... ...Low .... .... .... .... .... .... .... .... .... .... .... .... .... .... -Medium Density 11 du/ac 2 stories Single-family homes, duplexes, small -lot subdivisions, and mobile -home parks Residential Medium Density 15 du/ac 3 stories A mix of low and medium -rise neighborhoods with single and multifamily housing, Residential including small lot subdivisions, townhomes, live/work units Corridor Medium density urban housing, such as attached townhomes and apartments, 30 du/ac 3 stories along corridors or adjacent to areas designated General Commercial, Urban Residential Neighborhood, or District Center Urban.... .... .... .... .... .... .... .... .... .... .... .... .... Neighborhood g 1.0 FAR or 3 stories -Low 20 du/ac Medium density urban neighborhoods with a mix of attached single- and multifamily housing; mixed -use residential with ground -floor retail, services, and restaurants; Urban 1.5 FAR or cultural uses; and public and open spaces �Ia,IV`�jr3�ra J Neighborhood 30 du/ac 4 stories Medium Low ity Council 37 — 251 12/7/2021 rr � II- . (uILT X (: SAII A T All A .� IF. G' EII IF=Ilk AIL. If 11 All LJ.J l ILL w I _) CIVIC CENTER DR HIV....30FAO 2----- = 1------ � � � I •• ICI " 1----------- ............ - N N�� IIIIIIIIIIIIIIII� 1 �u� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII uEMEWMW,M ST------------------------------------------------------------------------------- \I" „G, L NJ L I 1.. I%i1 i.L Q ' r Lj Cf C I m u \„ IS t UN 30 5TH ST ; 4TH � uuuuuuuuullllli�� " � - Lj Lj General m Commercial 1.0 FAR 35 feet Shopping, restaurants, entertainment, and service commercial �$uillll� -Medium .. � .... General 0.5 FAR 35 feet .... .... ........ Shopping, restaurants, entertainment, and service commercial Commercial Professional & Professional and administrative office and supporting service commercial and I'Fl(i'li Administrative 2.0 FAR 3 stories Office -High restaurants Industrial/Flex 1.5 FAR 3 stories Office/industrial flex spaces, small-scale R&D, clean manufacturing, live -work tuurr�iarnmrGFrnliGr� -Low Institutional 2.0 FAR 2 stories Government facilities, public service facilities, and public institutions Recreational and green space, commercial open space, public infrastructure, and rail Open Space n/a 2 stories facilities — f — OC Street Car (planned line / station) Note: See TablGfty. CgOLMIrdli Focus Area Designations, for notes. 37 — 252 12/7/20 CITY OF II T III Ga IF,: II IE IIRA II Ifg II.., III I ®lam IIII r FIGURE LU-18 LAND USE MAP 55 FREEWAY AND DYER ROAD V) I I C II1:� Council WARNER AVE 4�y High density urban villages consisting of visually stunning and vibrant buildings F l District Center 2.0 FAR or 6 stories and spaces with a wide range and mix of -Medium 90 du/ac residential, live -work, commercial, hotel, and employment -generating uses. Office/industrial flex spaces, R&D , clean Industrial/Flex 3.0 FAR 10 stories manufactturincor orate headquartersand -Medium campuses. Live -work units are not permitted. � Genera Shopping, restaurants, entertainment, service Commercial 1.5 FAR 35 feet commercial. -Medium High General 0.5 FAR Shopping, restaurants, entertainment, service 35 feet Viso$ Commercial commercial. mapped with the Open Space land use c3s7graaYi253 1 2/7/202 See Table LU-9. Notes for All Focus Area Designations, for additional notes. EXHIBIT 5 All materials for Exhibit 5 may be accessed at-t.1 t p![ql t;Iqn/q and are also on file and available at the pp� f City's Planning and Building Agency. City Council 37-254 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 411-131-22 2720 HOTEL TER GC 1.0 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-38 1251 DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-063-41 1231 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-063-42 641 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-06 2620 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-10 2601 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-12 2650 S GRAND AVE GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-15 1351 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-23 2700 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-28 2651 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-29 2726 S GRAND AVE GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-30 1325 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-31 2721 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-32 2701 HOTEL TER GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-33 1261 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-34 1251 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-36 1231 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-37 1221 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-39 1261 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-131-40 1241 E DYER RD GC 0.5 FAR density/intensity GC-1.5 55 Fwy/Dyer Road 411-132-01 2701 S GRAND AVE IND 0.45 FAR LU change GC-1.5 55 Fwy/Dyer Road 411-132-02 2721 S GRAND AVE IND 0.45 FAR LU change GC-1.5 55 Fwy/Dyer Road 411-131-11 ROW ROW LU change 55 Fwy/Dyer Road 016-221-04 1504 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-07 1530 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-08 1532 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-09 1534 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-10 1536 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-11 1538 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-13 1560 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-14 1570 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-15 1510 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-16 1508 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-17 1506 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-20 1524 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-22 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-23 1524 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-24 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-25 1506 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-26 1508 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-27 1580 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-28 1580 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-29 1581 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-30 1502 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-31 1500 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-32 1516 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-33 1518 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-34 1522 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-36 1528 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-38 1518 BROOKHOLLOW DR I PAO 0.5 FAR I LU change FLEX-3 55 Fwy/Dyer Road 016-221-39 152 ad City Council 37 - 255 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 016-221-40 1524 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-41 1520 BROOKHOLLOW DR PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 016-221-42 1540 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-01 1801 E CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-02 1749 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-03 2441 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-04 2401 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-011-05 2331 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-02 2344 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-03 2400 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-012-04 2350 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-01 1831 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-02 1815 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-03 2321 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-04 2311 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-021-05 1830 E WARNER AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-022-02 2322 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-022-03 2300 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-10 2501 S PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-11 1824 E CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-17 1840 CARNEGIE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-19 1813 E DYER RD PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-23 2601 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-24 2621 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-25 2511 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-032-26 2525 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-05 3050 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-07 1740 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-171-09 1800 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-02 2961 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-04 2933 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-05 2943 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-06 1761 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-07 2913 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-08 2901 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-09 1750 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-10 2923 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-11 2922 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-12 1800 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-13 1830 E DEERE AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-14 2912 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-15 2932 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-16 2938 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-17 2960 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-18 2952 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-19 2942 S DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-20 1811 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-21 1801 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-173-22 1751 E GARRY AVE PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-16 2801 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-18 185 ad City Council 37 - 256 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 430-181-31 2871 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-32 2865 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-181-33 2851 PULLMAN ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-07 2901 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-08 2909 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-11 2921 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-12 3001 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-191-13 3009 DAIMLER ST PAO 0.5 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-222-10 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-11 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-031-02 2400 PULLMAN ST IND 0.45 FAR LU change FLEX-3 55 Fwy/Dyer Road 430-222-21 1951 CARNEGIE AVE PAO 0.55 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-24 1951 E DYER RD DC 1.7 FAR density/intensity DC-2 55 Fwy/Dyer Road 430-032-07 1821 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-032-16 1805 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-13 PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-15 1800 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-23 2001 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-24 2801 CATHERINE WAY PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-27 2040 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-181-28 2850 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-182-01 1958 E BLAIR AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-14 3030 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-15 1940 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-16 1900 E DEERE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-20 1901 E ALTON AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-191-21 1921 E ALTON AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-14 2510 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-15 2540 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-17 2530 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-18 2500 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-22 2001 E DYER RD PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-221-23 2600 S RED HILL PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-12 1900 E WARNER AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-15 2310 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-17 2001 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-18 2300 RED HILL AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-19 2001 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-20 1951 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-22 1921 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-23 1922 CARNEGIE AVE PAO 0.5 FAR LU change DC-2 55 Fwy/Dyer Road 430-222-07 2300 RED HILL AVE DC 90 du/ac, 1.0 FAR density/intensity DC-2 55 Fwy/Dyer Road 430-222-16 2310 S RED HILL AVE DC 90 du/ac, 1.0 FAR density/intensity DC-2 55 Fwy/Dyer Road 002-201-20 2800 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-34 2700 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-40 2700 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 002-210-44 2701 N MAIN ST DC 2.1 FAR density/intensity DC-1 Adjacent to MainPlace (not in SP) 405-261-17 812 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-261-18 808 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-261-19 804 N BAKER ST PAO 1.0 FAR LU change LR-7 Civic Center Specific Dev Plan 405-233-19 111 cific Dev Plan City Council 37 - 257 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 405-233-35 1111 W CIVIC CENTER DR PAO 1.0 FAR LU change INS Civic Center Specific Dev Plan 405-233-36 1112 W CIVIC CENTER DR PAO 1.0 FAR LU change INS Civic Center Specific Dev Plan 415-031-33 4040 W CARRIGE DR IND 0.47 FAR density/intensity IND Add Note GPA 2000-08 .47 FAR ex 415-031-37 4140 W GARRY AVE IND 0.47 FAR density/intensity IND Add Note GPA 2000-08 .47 FAR ex 400-131-02 1404 N TUSTIN AVE PAO 1.0 FAR LU change LR-7 First St/Tustin Ave 396-211-38 2003 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-39 2011 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-44 1823 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-48 1827 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-49 1821 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-52 1745 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-53 1735 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-54 1729 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-55 1805 N GRAND AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-57 1301 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 396-211-58 1325 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-01 902 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-08 1002 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-162-09 1008 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-231-01 1300 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-231-02 1330 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-243-01 1430 E 17TH ST GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 400-243-02 1618 N LINWOOD AVE GC 0.5 FAR density/intensity GC-1 Grand Ave/17th Street 398-071-02 1104 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-43 1116 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-44 1118 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-58 1108 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-60 1102 E Seventeenth St GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-62 1112 E Seventeenth ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-64 1112 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-071-66 1120 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-082-33 1124 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 398-082-39 1124 E 17TH ST GC 0.5 FAR LU change FLEX-1.5 Grand Ave/17th Street 396-201-02 2201 N GRAND AVE INS 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-191-01 2210 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-191-02 2200 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-201-01 2231 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-232-34 2302 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-241-02 2323 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 396-241-15 2345 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-09 1404 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-10 1263 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-11 1259 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-12 1255 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-23 1264 E 15TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-083-26 1258 E 15TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-03 1258 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-06 1302 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-13 1314 N GRAND AVE GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 398-084-17 1264 E 14TH ST GC 0.5 FAR LU change UN-20 Grand Ave/17th Street 400-261-14 131 Street City Council 37 - 258 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 396-191-33 2110 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-34 2114 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-35 2118 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-36 2122 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-37 2126 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-38 2125 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-39 2121 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-40 2117 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-41 2113 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-42 2109 N OBARR PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-191-44 2130 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-03 2139 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-04 2121 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-06 2113 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-07 2109 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-08 2105 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-201-09 2101 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-31 1221 E BEECHWOOD ST LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-32 1220 E SANTA CLARA AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-35 2320 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-36 2330 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-37 2340 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-232-38 1221 E BEECHWOOD ST LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 400-261-15 1311 E WASHINGTON PL LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-241-02 2323 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-241-15 2345 N GRAND AVE LR7 7 du/ac LU change UN-20 Grand Ave/17th Street 396-172-17 1125 E 17TH ST PAO 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-03 2701 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-07 2727 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-171-08 2761 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-01 2702 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-02 2710 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-03 2720 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 390-701-04 2740 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-58 2530 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-59 2510 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-111-60 2520 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-113-10 2428 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-24 2650 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-27 2626 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-28 2610 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-29 2602 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-121-31 2630 GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-01 1900* N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-02 1800 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-03 1750 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-04 1227 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-06 1229 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-08 1818 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-161-09 1750 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-172-18 120 Street City Council 37 — 259 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 396-361-01 2637 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-05 2525 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-06 2421 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-361-07 2425 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-03 1126 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-04 1136 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-05 1202 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-06 1206 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-15 1602 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-16 1600 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-17 1520 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-48 1500 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-49 1202 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-68 1510 N GRAND AVE GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-70 1244 E 17 TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-71 1248 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-72 1258 E 17TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-73 1268 S Grand ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 398-071-74 1238 E 17 TH ST GC 0.5 FAR LU change UN-30 Grand Ave/17th Street 396-172-01 125 E 17TH ST LR7 7 du/ac LU change UN-30 Grand Ave/17th Street 396-361-02 1300 E FAIRHAVEN AVE LR7 7 du/ac LU change UN-30 Grand Ave/17th Street 398-384-03 1314 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-04 1320 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-05 1328 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-06 1330 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-07 1332 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-08 1334 E 4TH ST PAO 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-01 315 GRAND AVE GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-02 1310 E 4TH ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-384-17 309 GRAND AVE GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-455-01 1310 E 3RD ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-455-16 1315 E 2ND ST GC 0.5 FAR LU change UN-40 Grand Ave/17th Street 398-456-02 1308 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-03 1312 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-04 1314 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-05 1318 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-06 1322 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-07 1324 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-08 1326 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-09 1328 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-14 1315 E 1ST ST UN 0.5-1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-15 1309 E 1ST ST UN 0.5-1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-17 1325 E 1ST ST UN 0.5-1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-18 107 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-456-19 119 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Grand Ave/17th Street 398-384-09 302 N MCCLAY ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-11 1315 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-12 1313 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-384-15 1319 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-02 1318 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-03 132 Street City Council 37 - 260 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-455-04 1324 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-05 1328 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-06 1334 E 3RD ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-07 208 N MCCLAY ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-08 1327 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-09 1325 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-10 1323 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-455-11 1321 E 2ND ST LR7 7 du/ac LU change UN-40 Grand Ave/17th Street 398-061-07 625 N GRAND AVE GC 1.15 FAR LU change DC-2 Grand Ave/17th Street 398-061-01 839 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-061-02 1300 E FRUIT ST GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-24 909 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-26 909 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-111-27 910 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-19 501 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-20 419 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-21 415 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 398-391-22 401 N GRAND AVE GC 0.5 FAR LU change DC-2 Grand Ave/17th Street 100-261-33 808 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-261-36 820 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-261-39 808 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-03 602 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-04 520 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 100-631-05 510 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-10 908 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-11 930 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-21 830 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-24 830 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-253-37 822 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 108-722-50 1002 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-01 411 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-02 417 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-03 423 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-04 427 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-05 3711 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-301-06 3705 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-01 501 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-03 3712 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-04 3706 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-303-22 3706 W CAMILLE ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-08 313 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-11 225 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-12 217 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-13 217 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-14 205 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-15 125 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-29 329 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-311-34 313 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-01 1001 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-05 1111 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-21 100 - r Specific Plan - C City Council 37 - 261 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 144-351-22 3720 W KENT AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-23 3710 W KENT AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-25 1103 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-351-26 1107 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-361-60 801 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-361-61 901 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-06 288 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-07 324 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-041-08 324 S HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-03 432 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-04 420 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-051-05 436 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 188-071-05 520 S HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-04 1114 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-05 1108 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-06 1020 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-07 1014 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-08 1000 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-09 960 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-10 914 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-11 902 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-12 3817 W HAZARD AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-15 980 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-011-99 1206 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-043-16 1406 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-043-17 1314 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-13 426 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-14 410 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-15 406 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-16 328 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-17 322 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-18 316 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-051-19 308 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-01 1221 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-02 3708 W WASHINGTON AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-11 3713 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-12 1109 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-13 1115 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-14 1201 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-101-15 1213 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-02 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-03 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-06 718 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-07 714 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-08 710 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-09 706 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-10 628 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-11 626 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-12 622 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-13 618 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-14 610 - r Specific Plan - C City Council 37 - 262 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 198-162-15 610 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-16 610 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-17 606 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-18 602 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-19 522 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-20 518 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-24 511 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-25 501 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-26 511 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-27 513 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-28 523 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-29 601 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-30 603 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-31 609 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-32 613 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-35 701 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-36 705 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-37 709 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-42 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-43 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-44 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-45 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-46 816 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-47 501 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-49 722 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-50 715 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-162-51 609 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-01 3710 W 5TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-02 414 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-03 408 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-04 408 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-05 326 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-06 322 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-07 318 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-08 314 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-09 310 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-10 306 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-11 302 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-12 226 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-13 222 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-14 218 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-15 214 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-16 212 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-17 206 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-18 202 N FIGUEROA ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-24 201 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-25 205 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-26 209 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-27 213 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-28 217 N HARBOR BLVD UN 3.0 FAR density intensity UN-50 Harbor Corridor Specific Plan - C 198-182-29 225 - r Specific Plan - C City Council 37 - 263 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 198-182-30 301 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-31 309 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-32 321 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-33 325 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-34 405 N HARBOR UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-35 405 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-182-36 421 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-01 1021 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-02 3714 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-03 3710 W 11TH ST UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-15 3713 W HAZARD AVE UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-16 913 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-17 925 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 198-231-18 1011 N HARBOR BLVD UN 3.0 FAR density/intensity UN-50 Harbor Corridor Specific Plan - C 144-321-02 101 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-03 105 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-04 109 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-05 113 S GUNTHER ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-52 3502 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-321-53 3520 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-322-01 3612 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-322-02 3610 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-341-07 3312 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 144-551-51 120 KENTON DR UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-24 3621 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-25 3629 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-161-26 3631 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-23 3501 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-24 3505 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-25 3509 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-26 3515 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-171-27 3517 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-24 3525 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-25 3527 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-26 3601 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-172-27 3531 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-01 3622 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-20 114 N BEWLEY ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-25 115 N FIGUEROA ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-44 3638 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-45 3628 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-181-46 3628 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-01 3502 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-19 3501 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-20 3521 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-38 3512 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-39 3512 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-40 3506 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-241-41 3510 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-01 3602 W 5TH ST UN 3.0 FAR density intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-21 360 - Specific Plan - NT City Council 10 37 - 264 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 198-242-22 3603 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-23 3605 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-242-45 3609 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-01 3314 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-28 3321 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-29 3319 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-60 3332 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-61 3330 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-62 3326 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-63 3324 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-64 3318 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-65 3317 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-66 3331 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-251-70 3332 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-01 3400 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-29 3405 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-34 3425 W 1ST ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-64 3424 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-65 3420 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-252-66 3418 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-24 3230 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-25 3226 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-261-26 3200 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-17 3301 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-18 3317 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-19 3319 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-20 3321 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-21 3327 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-22 3401 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-23 3405 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-24 3409 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-25 3417 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 198-281-26 3425 W 5TH ST UN 3.0 FAR density/intensity UN-30 Harbor Corridor Specific Plan - NT 108-253-02 702 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-41 762 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-42 718 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-43 718 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-44 724 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-45 800 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-46 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-47 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-48 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 108-253-49 770 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-03 629 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-05 3639 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-09 3721 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-10 525 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-11 3701 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-291-12 605 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-16 121 S HARBOR BLVD DC 0.5 - 5.0 FAR density intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-21 103 - - Specific Plan - NT City Council 11 37 - 265 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 144-311-22 3728 W BOLSA AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-27 3626 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-28 3626 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-30 3638 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-31 103 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-311-35 117 S FIGUEROA ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-01 3600 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-04 3710 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-07 751 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-08 701 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-09 3770 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 144-561-10 3760 W MCFADDEN AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-01 100 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-02 120 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-03 3904 W 1ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-04 150 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-041-05 200 S HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 188-071-22 602 S HARBOR DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-05 1602 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-07 3822 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-08 3802 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-031-09 1602 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-07 1526 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-08 1518 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-09 1510 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-10 1500 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-032-12 1610 N CENTURY BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-07 4201 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-17 228 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-18 124 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-22 208 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-23 200 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-24 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-25 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-26 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-27 100 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-28 3825 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-29 3835 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-30 3839 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-061-31 230 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-02 1401 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-16 1321 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-17 1415 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-18 1421 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-19 1501 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-20 1505 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-21 1513 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-22 1521 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-23 3710 W 17TH ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-24 3720 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-25 372 - - Specific Plan NT City Council 12 37 - 266 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 198-081-26 3710 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-28 3630 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-31 3636 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-52 3500 WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-53 3514 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-SS 3526 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-091-57 3522 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-21 3621 W 1ST ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-22 3625 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-23 3635 W 1ST ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-181-24 3701 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-19 114 N FIGUEROA ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-20 3709 W 1ST ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-21 101 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-22 115 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-182-23 121 N HARBOR BLVD DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-01 3412 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-02 3404 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-03 3400 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-04 3300 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-05 1514 N SUSAN ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-06 1502 N HARPER ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-07 1501 N SUSAN ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-08 1517 N SUSAN ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-09 1605 N SUSAN ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-191-10 3230 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-01 3118 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-02 3132 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-03 3216 W WESTMINSTER AVE DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-06 14097 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-07 1506 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-08 1550 N CLINTON DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-09 1600 N CLINTON ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-201-10 1417 N SUSAN ST DC 0.5-5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-211-01 1424 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-211-02 1417 N SUSAN ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 198-081-15 1321 N HARBOR ST DC 0.5 - 5.0 FAR density/intensity DC-5 Harbor Corridor Specific Plan - NT 411-152-11 3231 S STANDARD DC 2.0 FAR LU change IND MacArthur Place 411-071-05 1 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-071-06 2 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-08 201 E MACARTHUR DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-09 31 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-072-11 3401 S MAIN DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-073-01 3 MACARTHUR PL DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-073-06 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-03 200 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-04 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-05 4 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-06 2 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-08 1 FIRSTAMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-09 9 City Council 13 37 - 267 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 411-074-10 3 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-074-11 5 FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-075-01 1 E FIRST AMERICAN WAY DC 2.0 FAR density/intensity DC-2 MacArthur Place 411-081-22 201 SANDPOINTE AVE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-24 201 SANDPOINTE AVE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-28 8 MACARTHUR PL DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-081-30 100 E MACARTHUR BLVD DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-24 7 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-25 7 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-29 3 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-30 4 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-34 7 HUTTON CENTRE DR DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-38 3 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-092-42 9 MACARTHUR PL DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-093-03 2 E HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-102-06 5 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-111-03 3843* S MAIN ST DC 1.0 FAR density/intensity DC-1 MacArthur Place South 411-111-08 6 HUTTON CENTRE DC 1.0 FAR density/intensity DC-1 MacArthur Place South 011-154-01 1406 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-02 123 S MCCLAY ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-03 1422 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-06 1504 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-10 1406 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-11 1610 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-20 206 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-21 210 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-22 214 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-23 220 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-24 224 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-25 310 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-27 322 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-28 1607 E CHESTNUT AVE UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-33 318 S LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-37 1530 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-38 1600 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-39 1600 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-42 1620 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 011-154-43 1440 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-07 1630 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-08 1634 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-09 1636 E PALM ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-10 130 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-11 126 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-12 124 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-13 120 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-14 116 N LYON ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-23 1609 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-25 109 N WRIGHT ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-27 1623 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-421-28 1617 E 1ST ST UN 0.75 - 1.5 FAR density intensity UN-40 Metro East Overlay 398-431-20 153 - - rlay City Council 14 37 - 268 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-431-21 1533 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-22 1529 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-23 1525 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-24 1519 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-431-25 1503 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-07 1427 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-08 1421 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-28 1411 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-29 1411 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-30 1405 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-31 111 N MCCLAY ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-441-32 1403 E 1ST ST UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-01 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-02 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-03 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-04 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-05 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-06 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-07 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-11 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 400-062-12 1801 PARK COURT PL UN 0.75 - 1.5 FAR density/intensity UN-40 Metro East Overlay 398-422-01 131 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-02 127 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-03 125 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-04 121 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-05 117 N LYON ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-06 1658 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-07 1662 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-08 1666 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-09 1668 E PALM ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-10 1661 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 398-422-11 1649 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-03 2103 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-04 600 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-041-05 550 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-042-04 601 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-03 2201 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-04 501 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-043-06 555 PARK CENTER DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-02 1971 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-03 2001 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-05 600 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-06 601 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-09 1901 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-13 540 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-14 515 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-15 525 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-051-16 2021 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-052-01 540 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-061-05 1801 E Fourth ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-061-07 180 - rlay City Council 15 37 - 269 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 400-061-08 1801 E Fourth ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-02 1851 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-03 200 CABRILLO PARK DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-071-07 1750 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-03 1900 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-04 2000 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-05 250 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-06 2001 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-081-09 1901 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-02 2030 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-04 203 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-082-05 2031 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-01 2100 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-16 2201 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-17 2151 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-18 2131 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-19 2101 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-22 2112 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-23 2130 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-251-12 550 N GOLDEN CIRCLE DR DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-03 2210 W 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-04 2207 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-10 2222 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-181-11 2222 W 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-01 2114 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-02 2020 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-03 2020 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-191-04 2110 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-05 1900 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-13 2010 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-02 1818 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-03 1814 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-06 1800 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-211-07 1820 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-222-01 1660 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-222-04 212 S ELK LN DC 3.0 FAR density/intensity DC-3 Metro East Overlay 400-091-04 2204 E 4TH ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 402-201-07 1900 E 1ST ST DC 3.0 FAR density/intensity DC-3 Metro East Overlay 005-151-41 1525 N DURANT ST PAO 0.5 FAR LU change MR-15 Midtown Plan 398-552-19 1010 N Broadway PAO 0.5 FAR LU change MR-15 Midtown Plan 398-522-11 313 W WASHINGTON AVE PAO 0.5 FAR density/intensity PAO Midtown Plan 005-151-40 1610 N BROADWAY GC 0.5 FAR LU change PAO Midtown Plan 398-232-01 720 N SPURGEON ST LR7 7 du/ac LU change PAO Midtown Plan 398-232-04 201 E Civic Center Dr LR7 7 du/ac LU change PAO Midtown Plan 005-151-32 1600 N BROADWAY MR15 15 du/ac LU change PAO Midtown Plan 398-475-01 838 E 1ST ST LR7 7 du/ac LU change GC Midtown Plan 398-015-04 801 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-01 1201 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-02 116 E WASHINGTON AVE PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-03 120 E WASHINGTON AVE PAO 0.5 FAR LU change DC-1 Midtown Plan 398-021-04 100 City Council 16 37 - 270 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-022-01 1117 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-022-10 1107 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-022-11 1111 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-023-01 1011 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-06 712 N BUSH ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-07 108 E 8TH ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-231-08 701 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-01 1200 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-02 1104 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-06 1104 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-10 1010 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-011-01 909 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 398-562-09 1000 N MAIN ST PAO 0.5 FAR LU change DC-1 Midtown Plan 005-184-01 919 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-02 915 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-03 843 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-04 839 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-07 817 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-08 811 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-09 809 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-10 801 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-14 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-15 912 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-25 209 W CIVIC CENTER DR DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-26 818 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-27 825 N BROADWAY DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-29 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-184-30 900 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-27 902 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-29 800 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-30 888 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-34 921 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 005-185-37 915 N SYCAMORE ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-011-01 909 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-01 817 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-02 813 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-03 809 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-01 717 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-02 715 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-03 711 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-244-01 800 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-244-02 710 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-231-08 701 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 398-015-04 801 N MAIN ST DC 0.5 - 1.0 FAR density/intensity DC-1 Midtown Plan 002-161-13 2002 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-05 110 W 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-30 1910 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-31 1906 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-32 1914 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-33 1902 N MAIN ST DC 1.5 FAR density intensity DC-1.5 Museum District 002-163-30 180 t City Council 17 37 - 271 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change Em 002-163-31 1810 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 002-180-45 2333 N BROADWAY DC 1.5 FAR density/intensity DC-1.5 Museum District 002-180-46 2323 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-03 2034 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-04 2030 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-05 2026 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-06 2022* N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-07 2016 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-08 2014 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-09 2010 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-10 2006 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-11 111 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-22 2019 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-25 2015 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-26 2017 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-27 2011 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-28 2025* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-29 2005 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-30 2033 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-33 2021 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-40 2052 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-41 2056 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-59 2135 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-61 2058 N Bush St DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-63 2119 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-78 2058 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-80 2058 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-113-81 2129 N Main St DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-18 1917 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-19 1909 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-22 1901 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-23 1811 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-24 1809 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-25 1805 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-26 1801 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-27 1727 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-28 1721 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-29 1717 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-33 210 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-34 1711 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-35 1715 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-141-41 1905 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-01 112 E 20TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-02 1910 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-03 1904 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-04 1900 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-05 1820 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-17 1903 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-18 1909 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-19 1905 N MAIN ST DC 1.5 FAR density intensity DC-1.5 Museum District 003-142-22 190 t City Council IN 37 - 272 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 003-142-23 1807 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-142-24 1800 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-15 1725 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-33 1722 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-01 2230 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-02 2222 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-03 2218* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-04 2212 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-05 2202 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-06 2208 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-07 107 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 399-101-08 119 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-01 2132 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-02 2122 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-03 2116 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-04 2112* N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-05 2110 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-06 2106 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-07 2100 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-08 2036 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-09 2032 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 399-102-22 112 W BUFFALO AVE DC 1.5 FAR density/intensity DC-1.5 Museum District 002-162-06 111 W 19TH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-04 1714 N BUSH ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-16 1719 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-143-31 1701 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 Museum District 003-013-18 2677 N MAIN ST DC 1.5 FAR density/intensity DC-1.5 North Main St 411-111-07 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 411-111-09 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 411-111-10 Entitlements expired as DC 1.5 FAR density/intensity DC-1.5 PacTel Office 411-111-11 200 E SANDPOINTE AVE DC 1.5 FAR density/intensity DC-1.5 PacTel Office 410-223-11 1241 W ALTON AVE MR15 15 du/ac LU change OS South Bristol Street 140-251-02 2910 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-03 2860 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-04 2840 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 140-251-05 2850 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-05 1212 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-06 2603 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-08 2701 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-09 1209 HEMLOCK WAY GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-12 2701 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-13 2621 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-01 2801 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-05 2911 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-06 2929 N BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-20 2823 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-21 1216 HEMLOCK WAY GC 0.5 FAR LU change UN-30 South Bristol Street 410-411-22 2909 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-01 2523 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-03 2445 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-04 115 Street City Council 19 37 - 273 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 410-421-05 1125 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-28 2501 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-421-29 2511 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-01 2303 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-02 2311 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-03 2401 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-04 1030 W WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-05 1120 W WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-431-06 1100 WARNER AVE GC 0.5 FAR LU change UN-30 South Bristol Street 410-462-18 3001 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-462-19 3041 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-031-01 3000 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-01 3200 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-02 3200 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-03 3220 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-032-04 3220 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-01 2302 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-03 2320 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-04 2402 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-05 2430 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-191-06 1331 W CENTRAL AVE GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-02 2740 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-03 2810 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-04 2650 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-05 2700 BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-07 2610 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 412-201-08 2640 S BRISTOL ST GC 0.5 FAR LU change UN-30 South Bristol Street 410-401-12 2701 S BRISTOL ST LR7 7 du/ac LU change UN-30 South Bristol Street 410-462-17 3041 S BRISTOL ST MR15 15 du/ac LU change UN-30 South Bristol Street 412-031-03 3050 S BRISTOL ST MR15 15 du/ac LU change UN-30 South Bristol Street 410-222-22 3309 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-24 3313 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-25 3301 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-31 3361 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-222-32 3329 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-10 3401 S PLAZA DR DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-11 3420 BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-12 3430 BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-13 3500 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-22 3300 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 412-141-23 3310 S BRISTOL ST DC 1.0 FAR density/intensity DC-2 South Bristol Street 410-301-10 1200 W MACARTHUR BLVD DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-11 3601 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-14 3801 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-15 3811 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-17 3925 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-18 3941 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-21 3929 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-33 3861 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-38 3911 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-39 382 Street City Council 20 37 - 274 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 410-301-40 3611 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-41 3611 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 410-301-43 3701 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-12 3730 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-14 3600 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-16 3606 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-17 3610 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-22 3900 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-24 3810 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-25 3820 S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-26 3814* S BRISTOL ST DC 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-10 1561 SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 412-131-20 3951 S PLAZA DR GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-01 3811 BEAR ST GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-02 1661 W SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-03 3851 S BEAR ST GC 0.5 FAR LU change DC-5 South Bristol Street 412-451-04 1641 SUNFLOWER AVE GC 0.5 FAR LU change DC-5 South Bristol Street 410-301-42 3701 S BRISTOL ST DC 90 du/ac, 1.0 FAR density/intensity DC-5 South Bristol Street 412-131-13 3700 S BRISTOL ST DC 90 du/ac, 1.0 FAR density/intensity DC-5 South Bristol Street 403-151-09 2136 S CYPRESS AVE INS 0.5 FAR LU change LR-7 South Main Street 403-151-11 2116 S CYPRESS AVE INS 0.5 FAR LU change LR-7 South Main Street 015-090-03 2240 S MAIN ST GC 0.5 FAR LU change INS South Main Street 403-151-04 2133 MAIN ST GC 0.5 FAR LU change INS South Main Street 403-151-05 2139 MAIN ST GC 0.5 FAR LU change INS South Main Street 010-230-01 210 W CUBBON ST LR7 7 du/ac LU change INS South Main Street 016-031-13 2327 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-32 128 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-37 124 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-38 120 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-51 222 E WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-031-54 2301 S Main St GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-04 2423 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-12 100 E CENTRAL AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-13 125 E CENTRAL AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-14 2405 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-18 2405 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-032-19 2409 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-17 2516 S CYPRESS AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-23 2509 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-24 2531 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-25 2515 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-26 2533 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-041-27 2501 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-050-08 2541 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 016-050-09 2547 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-01 224 WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-02 220 WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-371-03 2302 S BROADWAY AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-01 120 W WARNER AVE GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-06 2406 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-10 230 et City Council 21 37 - 275 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 410-372-11 2330 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-03 2426 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-OS 2426 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-06 2500 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-382-1S 2416 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-391-06 2538 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-391-07 2500 S MAIN ST GC 0.5 FAR LU change FLEX-1.5 South Main Street 410-372-07 2419 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-372-08 2401 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-372-09 2337 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-07 2517 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-08 2511 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-09 2509 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-10 2433 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-11 2431 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-12 2421 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-13 2421 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-382-14 2419 S BROADWAY IND 0.45 FAR LU change FLEX-1.5 South Main Street 410-391-OS 130 W CENTRAL AVE IND 0.45 FAR LU change FLEX-1.5 South Main Street 010-144-18 618 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-21 616 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-22 602 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-23 610 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-2S 606 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-29 630 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-144-30 620 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-12 724 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-13 107 W RICHLAND ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-1S 710 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-16 714 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-17 702 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-18 726 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-1S4-19 704 MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-11 812 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-13 818 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-17 816 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-18 822 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-27 806 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-214-28 830 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-16 910 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-17 902 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-18 920 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-19 906 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-20 930 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-21 914 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-224-22 926 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-11 1026 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-12 1030 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-13 1022 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-23 731 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-26 725 et City Council 22 37 - 276 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 011-041-27 721 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-28 809 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-29 803 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-30 807 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-31 701 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-32 112 E BISHOP ST GC 0.5 FAR LU change UN-20 South Main Street 011-041-34 709 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-1S 107 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-16 111 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-21 827 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-34 925 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-36 933 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-44 921 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-46 917 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-47 815 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-48 819 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-49 827 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-OS1-S1 905 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-21 1123 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-43 1111 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-44 1109 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-SO 1001 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-S1 1131 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-S8 1117 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-S9 1005 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-69 1015 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-70 1105 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-1S 1210 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-16 1216 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-20 1230 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-23 1242 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-24 1204 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-2S 1234 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-1S4-29 1218 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-18 1306 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-19 1310 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-02 1402 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-03 1416 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-08 1401 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-13 1419 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-14 1423 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-21 1415 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-22 1440 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-23 1427 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-27 1424 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-173-28 1444 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-08 1519 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-09 1527 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-10 1603 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-11 1607 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-16 151 et City Council 23 37 - 277 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 013-183-17 1518 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-18 1520 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-19 1524 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-20 1606 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-21 1608 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-28 1501 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-183-29 208 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-30 202 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-31 212 W EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-183-32 205 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-183-33 1515 S BROADWAY GC 0.5 FAR LU change UN-20 South Main Street 013-184-02 1509 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-04 155 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-08 1508 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-09 1516 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-10 1522 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-11 1606 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-12 1614 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-13 1622 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-14 1626 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-15 1517 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-17 115 W POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-19 1502 S MAIN I ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-20 SEC SYCAMORE/EDINGER AVE GC 0.5 FAR LU change UN-20 South Main Street 013-184-21 1607 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 013-184-23 1627 S SYCAMORE ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-22 1221 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-23 1229 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-24 1231 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-25 1237 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-30 1235 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-31 1241 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-32 1247 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-34 1201 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-011-37 1211 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-25 1345 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-26 1303 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-27 1307 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-28 1311 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-29 1321 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-30 1325 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-31 1329 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-021-35 1333 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-36 1417 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-38 1445 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-39 1403 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-40 1407 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-43 1421 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-44 1427 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-57 1451 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-58 147 et City Council 24 37 - 278 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 014-032-59 1415 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 014-032-60 1465 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-09 1812 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-10 1820 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-050-11 1808 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-08 1914 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-09 1922 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-17 1926 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-064-18 1906 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-07 2002 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-10 2014 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-11 2020 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-12 2022 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-15 2012 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-16 2010 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-068-17 2008 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-14 2026 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-17 2036 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-18 2040 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-24 2058 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-25 2064 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-26 2064 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-28 2054 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-29 2050 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-074-30 2030 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-27 2130 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-38 2116 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-39 2120 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-40 2140 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-084-41 2102 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-090-19 2222 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 015-090-21 2202 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-277-09 220 W 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-04 220 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-05 210 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-284-06 202 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-06 320 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-07 316 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-08 312 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-288-09 300 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-12 520 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-13 518 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-14 516 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-15 510 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-16 502 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-17 420 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-18 418 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-19 416 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-20 408 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-01 104 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-02 110 et City Council 25 37 - 279 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-512-03 111 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-04 119 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-05 127 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-512-06 124 S CYPRESS AVE GC 0.5 FAR LU change UN-20 South Main Street 398-512-07 120 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-514-05 122 S ORANGE AVE GC 0.5 FAR LU change UN-20 South Main Street 398-514-06 116 S ORANGE AVE GC 0.5 FAR LU change UN-20 South Main Street 398-514-07 224 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 398-514-08 210 E 1ST ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-01 2201 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-02 2209 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-03 2211 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-04 2223 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-05 2225 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-06 2231 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-07 2239 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-141-08 2245 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-151-01 2101 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-08 1959 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-09 1947 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-10 1933 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-11 1925 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-163-12 1919 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-18 2071 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-19 2059 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-20 2055 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-21 2049 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-22 2045 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-23 2041 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-24 2037 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-25 2035 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-26 2033 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-27 2025 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-28 2017 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-31 2009 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-01 1701 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-03 124 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-04 125 E BERKELEY ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-08 1717 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-09 1707 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-10 1705 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-181-13 120 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-01 1801 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-06 1812 S CYPRESS AVE GC 0.5 FAR LU change UN-20 South Main Street 403-185-07 119 E OCCIDENTAL ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-10 107 E OCCIDENTAL ST GC 0.5 FAR LU change UN-20 South Main Street 403-185-11 1815 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-186-01 1901 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-186-02 1911 MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-01 1501 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-02 112 et City Council 26 37 - 280 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 403-191-09 111 E STANFORD ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-11 1511 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-191-12 1515 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-01 1601 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-02 112 E STANFORD ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-09 111 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-10 105 E POMONA ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-11 1617 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-12 1611 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-197-13 1603 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-01 401 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-02 110 E CHESTNUT AVE GC 0.5 FAR LU change UN-20 South Main Street 404-041-10 100 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-11 107 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-12 105 E MYRTLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-13 417 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-14 411 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-041-1S 409 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-08 109 CAMILLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-09 519 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-10 515 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-01 203 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-02 209 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-03 215 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-04 221 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-091-10 112 E WALNUT ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-01 108 E PINE ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-02 305 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-03 311 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-04 315 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-096-OS 319 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-01 601 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-03 611 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-04 615 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-10 607 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-12 609 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-13 112 E CAMILLE ST GC 0.5 FAR LU change UN-20 South Main Street 404-101-OS 631 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-16 1322 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 013-164-17 1344 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 403-164-01 2001 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 404-044-01 505 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-294-24 406 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 011-061-S3 114 E CUBBON ST GC 0.5 FAR LU change UN-20 South Main Street 010-234-16 1010 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 01S-064-04 1918 S MAIN ST GC 0.5 FAR LU change UN-20 South Main Street 398-278-01 120 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-02 114 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-03 110 W 1ST ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-04 100 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-OS 117 et City Council 27 37 - 281 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-278-06 114 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-07 120 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 398-278-08 123 S MAIN ST DC 90 du/ac, 1.0 FAR LU change UN-20 South Main Street 010-234-OS 915 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 010-234-06 919 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 010-234-07 117 W MCFADDEN AVE LR7 7 du/ac LU change UN-20 South Main Street 010-234-16 1010 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-061-S3 114 E CUBBON ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-01 1901 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-02 1905 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-03 1909 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-04 1918 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-14 1917 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 01S-064-16 1921 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-283-01 201 S BROADWAY LR7 7 du/ac LU change UN-20 South Main Street 398-283-02 211 S BROADWAY LR7 7 du/ac LU change UN-20 South Main Street 398-283-16 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-01 120 W WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-02 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-03 200 S SYCAMORE ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-07 111 E SAINT ANDREW PL LR7 7 du/ac LU change UN-20 South Main Street 403-164-01 2001 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-17 101 E SAINT GERTRUDE PL LR7 7 du/ac LU change UN-20 South Main Street 403-18S-02 114 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-18S-03 116 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-18S-04 122 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-18S-OS 126 E BERKELEY ST LR7 7 du/ac LU change UN-20 South Main Street 403-18S-08 115 E OCCIDENTAL ST LR7 7 du/ac LU change UN-20 South Main Street 403-18S-09 111 E OCCIDENTAL ST LR7 7 du/ac LU change UN-20 South Main Street 404-044-01 505 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 404-091-OS 222 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-091-06 220 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-091-07 210 CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-01 208 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-02 203 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-03 207 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-04 209 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-OS 215 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-06 219 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-07 221 S CYPRESS AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-08 213 E PINE ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-09 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-10 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-11 216 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-12 207 ORANGE AVE LR7 7 du/ac LU change UN-20 South Main Street 404-092-13 202 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-092-14 214 E WALNUT ST LR7 7 du/ac LU change UN-20 South Main Street 404-101-OS 631 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 398-284-OS 210 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-186-02 1911 MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-186-01 190 et City Council 37 — 282 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 403-163-12 1919 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-11 1925 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-10 1933 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-163-09 1947 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-28 2017 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 403-164-31 2009 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-21 827 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-51 905 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-051-46 917 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 011-061-69 1015 S MAIN ST LR7 7 du/ac LU change UN-20 South Main Street 041-213-04 555 E MEMORY LN DC 1.27 FAR density/intensity DC-1 Town and Country Manor 398-461-06 117 N STANDARD AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-08 901 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-09 907 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-21 701 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-26 521 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-27 521 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-32 719 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-34 515 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-491-35 607 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-11 110 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-12 829 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-13 823 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-14 823 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-492-18 801 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-12 936 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-473-10 938 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-01 1206 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-02 1212 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-03 1222 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-04 1225 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-05 1221 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-06 1219 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-07 1215 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-08 1211 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-09 1207 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-385-10 1203 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-01 1102 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-02 1108 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-03 1110 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-04 1114 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-386-05 1124 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-05 1214 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-06 202 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-453-07 1215 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-08 1211 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-09 1205 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-10 1201 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-14 1221 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-40 Transit Zoning Code - CDR 398-454-15 1221 E 1ST ST UN 0.5 - 1.8 FAR density intensity UN-40 Transit Zoning Code - CDR 398-234-01 631 ode - DT & UC City Council 29 37 - 283 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-234-04 113 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-234-06 614 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-234-07 601 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-01 615 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-02 620 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-03 600 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-04 608 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-235-05 608 N SPURGEON DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-01 615 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-02 600 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-243-04 618 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-252-04 518 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-252-05 301 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-253-06 200 W SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-01 515 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-02 505 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-254-11 520 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-19 301 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-20 305 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-21 309 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-255-30 302 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-01 415 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-02 409 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-03 223 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-04 221 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-05 219 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-06 217 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-07 215 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-08 209 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-09 203 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-10 213 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-257-11 416 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-01 120 W 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-02 415 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-03 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-04 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-05 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-08 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-09 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-10 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-11 410 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-12 420 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-258-13 109 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-01 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-02 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-03 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-04 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-05 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-06 117 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-07 117 W 4TH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-264-09 308 ode - DT & UC City Council 30 37 - 284 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-264-10 300 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-13 201 W 3RD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-14 308 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-15 202 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-16 214 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-17 220 W 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-264-18 325 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-01 227 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-02 217 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-03 225 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-04 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-05 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-06 207 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-267-09 214 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-01 117 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-02 107 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-03 102 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-273-04 222 W 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-01 117 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-02 115 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-03 105 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-274-04 112 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-01 517 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-02 515 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-03 503 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-04 501 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-05 117 E 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-06 119 E 5TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-07 510 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-321-08 520 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-322-01 200 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-323-08 300 E SANTA ANA BLVD DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-325-01 450 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-08 325 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-10 300 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-326-11 200 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-01 204 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-06 217-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-07 217 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-08 217 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-327-09 201 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-328-01 421 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-328-02 111 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-01 102 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-02 104 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-03 106 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-04 108 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-05 112 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-06 114 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-07 116 E 4TH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-501-08 118ode - DT & UC City Council 31 37 - 285 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-501-09 120 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-10 314 N BUSH DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-11 308 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-12 302 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-13 301 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-501-14 309 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-01 200-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-02 206-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-03 216 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-503-10 216-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-04 310 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-07 316 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-08 318 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-09 320 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-10 302 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-11 302 N FRENCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-12 309 E 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-13 301 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-15 312-* E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-505-16 300 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-507-08 400 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-507-11 450 E 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-511-09 111 S MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-01 202 E 2ND ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-02 116 N SPURGEON ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-04 211 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-06 201 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-513-07 219 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-516-19 301 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-516-20 401 E 1ST ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-01 324 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-02 318 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-03 312 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-04 310 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-05 302 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-06 306 BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-07 306 BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-08 315 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-09 329 W BIRCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-591-10 313 BIRCH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-07 204 N BROADWAY DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-08 116 N BROADWAY ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-592-09 322 W 3RD St DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-01 450 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-02 414 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-03 412 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-04 410 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-05 406 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-06 402 4TH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-593-07 310 N BIRCH ST DC 3.0 FAR density intensity DC-3 Transit Zoning Code - DT & UC 398-593-08 310ode - DT & UC City Council 32 37 - 286 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-601-02 200 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-601-03 200 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-601-04 201 N SYCAMORE ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-02 217 N MAIN ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-03 220 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-04 210 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-602-07 200 N BUSH ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-603-02 210 E 3RD ST DC 3.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-324-01 402 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-02 406 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-03 412 E 6TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-08 409 E 5TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-09 405 E 5TH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-10 501 N FRENCH ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-324-12 510 N MORTIMER ST UN 0.5 - 1.8 FAR LU change DC-3 Transit Zoning Code - DT & UC 398-252-07 400 E SANTA ANA BLVD DC 90 du/ac, 1.0 FAR density/intensity DC-3 Transit Zoning Code - DT & UC 398-351-04 1000 E SANTA ANA BLVD DC 5.0 FAR LU change INS Transit Zoning Code - TV 398-093-02 1024 FULLER ST IND 0.45 FAR LU change UN-50 Transit Zoning Code - TV 398-081-06 1107 E WASHINGTON AVE UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-01 1102 E WASHINGTON AVE UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-03 1024 N FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-04 1022 FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-05 1022 FULLER UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-06 1020 FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-07 1016 FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-08 1012 FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-093-13 1006 N FULLER ST UN 0.5-1.8FAR density/intensity UN-50 Transit Zoning Code - TV 398-092-02 1013 N FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-08 1037 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-09 1045 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-10 1029 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-11 1021 FULLER ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-13 1126 E WASHINGTON AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-092-14 1126 E WASHINGTON AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-02 940 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-03 930 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-04 1205 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-05 1201 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-06 1202 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-07 1206 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-08 1210 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-09 1214 E STAFFORD ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-13 1215 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-14 902 N GRAND AVE DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-101-15 1207 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-203-02 1000 E SANTA ANA BLVD DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-204-04 1000 E SANTA ANA BLVD DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-207-01 1111 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-208-01 1143 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-351-07 1000 E SANTA ANA BLVD DC 5.0 FAR density intensity DC-5 Transit Zoning Code - TV 398-361-01 114 ode - TV City Council 33 37 - 287 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-361-07 1102 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-374-21 1160 E FRUIT ST DC 5.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-351-08 1000 E SANTA ANA BLVD DC 90 du/ac, 1.0 FAR density/intensity DC-5 Transit Zoning Code - TV 398-255-31 411 W 4TH ST DC 3.0 FAR LU change INS Transit Zoning Code - UC 398-315-11 919 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-01 901 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-02 910 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-05 921 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-06 913 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-07 518 N POINSETTIA ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-08 920 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-341-09 920 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-01 1000 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-03 1000 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-18 1039 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-01 902 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-02 417 N GARFIELD ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-09 932 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-352-06 610 N SANTIAGO ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-352-07 620 N SANTIAGO ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-02 1061 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-03 1051 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-12 606 N TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-01 530 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-02 510 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-03 508 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-04 506 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-362-05 420 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-373-05 1110 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-373-06 1102 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-374-19 1105 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-374-20 1101 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-01 531 TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-02 415 N TERMINAL ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-03 1051 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-04 1064 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-06 416 N SANTA FIE ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-381-07 414 N SANTA FIE ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-08 1020 E 6TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-09 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-10 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-11 941 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-343-03 906 E 5TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-382-01 1111 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-12 1045 E 4TH ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-361-01 1140 E FRUIT ST DC 5.0 FAR LU change UN-50 Transit Zoning Code - UC 398-342-05 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-342-15 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-342-15 1029 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 Transit Zoning Code - UC 398-381-05 1064 E 6TH ST DC 5.0 FAR density intensity UN-50 Transit Zoning Code - UC 398-181-06 841 ode - UN-1 City Council 34 37 - 288 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-181-09 1328 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-10 1330 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-11 1332 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-14 841 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-17 1338 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-181-18 1340 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-05 1321 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-06 1317 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-07 1315 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-08 1313 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-09 901 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-10 905 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-11 909 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-12 915 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-13 915 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-14 900 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-15 1312 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-16 1318 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-17 1322 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-21 1326 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-22 1325 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-25 1331 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-26 1329 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-182-28 1337 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-07 1019 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-13 1313 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-14 1011 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-17 1312 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-18 1310 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-183-19 1306 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-06 845 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-07 1018 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-08 1020 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-09 1024 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-10 1030 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-11 1000 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-12 1038 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-13 826 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-14 830 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-15 800 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-16 836 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-192-17 838 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-01 902 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-02 1000 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-03 1039 N CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-04 1037 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-05 1033 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-06 1027 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-07 1023 CUSTER ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-08 1019 CUSTER ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-193-10 903 ode UN-1 City Council 35 37 - 289 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-193-11 907 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-12 1002 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-13 1006 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-15 1016 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-16 1018 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-17 1022 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-18 1026 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-19 1030 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-20 1034 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-21 1038 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-22 1042 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-23 912 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-24 916 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-25 920 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-193-26 1012 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-01 1004 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-02 1006 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-03 1008 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-04 1010 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-05 1041 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-06 1035 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-07 1035 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-08 1027 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-09 1021 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-10 1017 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-11 1015 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-12 1001 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-14 1008 LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-15 1018 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-16 1022 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-17 1024 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-18 1026 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-19 1030 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-20 1032 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-21 1042 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-22 1014 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-194-23 1002 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-02 904 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-03 906 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-04 908 E STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-05 912 E STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-06 926 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-07 924 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-08 922 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-202-09 920 N LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-01 935 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-02 929 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-03 925 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-04 923 LOGAN ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-05 917 LOGAN ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-205-06 920 ode - UN-1 City Council 36 37 - 290 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-205-07 922 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-08 926 N LINCOLN AVE UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-205-09 1016 STAFFORD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-13 717 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-14 713 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-15 711 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-16 705 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-17 701 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-18 623 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-19 619 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-20 615 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-25 604 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-481-27 608 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-02 518 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-03 522 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-04 602 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-05 606 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-06 610 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-07 614 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-08 618 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-09 624 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-10 626 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-11 710 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-12 712 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-13 714 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-14 720 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-15 208 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-16 721 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-17 719 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-18 709 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-19 705 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-20 701 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-21 619 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-22 615 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-23 609 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-24 607 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-25 605 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-26 601 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-27 519 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-28 515 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-29 511 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-482-32 430 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-08 831 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-09 825 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-10 823 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-13 815 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-14 809 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-15 805 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-16 801 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-483-17 819 E 3RD ST UN 0.5 - 1.8 FAR density intensity UN-20 Transit Zoning Code - UN-1 398-484-01 802 ode - UN-1 City Council 37 37 - 291 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-484-02 213 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-03 810 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-04 814 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-06 829 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-07 825 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-08 821 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-09 819 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-10 815 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-484-11 801 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-04 514 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-05 518 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-06 606 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-07 608 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-08 610 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-09 612 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-10 614 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-11 618 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-12 620 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-13 702 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-14 706 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-15 710 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-16 714 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-17 720 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-39 510 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-491-40 510 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-01 802 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-02 808 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-03 810 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-04 814 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-05 818 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-06 820 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-07 824 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-08 826 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-09 830 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-492-10 112 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-20 Transit Zoning Code - UN-1 398-315-04 901 E 6TH ST UN 5.0 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-033-05 1110 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-034-07 920 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-01 1115 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-02 1113 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-035-03 1105 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-09 715 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-10 717 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-13 820 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-14 830 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-043-15 810 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-150-02 627 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-08 1327 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-09 1300 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-10 615 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-151-11 611 ode UN-2 City Council 9K 37 - 292 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-152-16 627 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-181-16 1315 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-02 628 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-03 1016 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-04 827 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-05 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-06 921 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-07 911 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-191-08 811 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-01 800 E WASHINGTON AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-02 1031 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-03 1031 SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-04 1025 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-192-05 1001 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-201-11 901 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-202-01 923 N SANTIAGO ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-01 621 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-02 621 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-03 708 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-236-04 609 N SPURGEON ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-01 625 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-02 615 N FRENCH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-03 714 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-04 710 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-237-05 401 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-01 731 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-02 725 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-03 719 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-04 715 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-05 711 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-06 501 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-07 505 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-08 511 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-09 702 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-10 708 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-11 710 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-238-12 408 CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-01 729 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-02 727 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-03 717 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-04 715 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-05 709 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-08 615 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-09 619 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-10 623 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-11 625 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-12 710 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-13 714 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-16 724 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-301-17 730 N LACY ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-301-20 718 ode - UN-2 City Council 39 37 - 293 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-301-21 601 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-01 608 E CIVIC CENTER DR UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-02 717 LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-08 729 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-10 724 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-11 730 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-14 711 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-302-15 703 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-01 725 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-02 717 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-03 711 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-04 801 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-05 807 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-06 809 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-07 809 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-08 715 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-09 817 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-10 724 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-303-11 730 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-311-05 607 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-311-21 621 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-10 811 BROWN ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-11 602 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-21 702 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-22 610 GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-23 601 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-312-24 618 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-03 812 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-06 611 N GARFIELD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-11 624 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-16 636 POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-17 638 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-313-20 804 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-01 902 BROWN ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-09 620 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-10 620 N POINSETTIA ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-315-12 901 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-01 502 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-02 506 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-03 510 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-04 514 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-05 520 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-06 519 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-07 515 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-08 509 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-09 507 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-330-10 501 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-01 601 MORTIMER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-02 512 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-331-05 515 E 6TH ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-331-06 516 ode-UN-2 City Council 40 37 - 294 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-332-04 520 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-05 519 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-06 515 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-10 502 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-332-11 505 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-02 610 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-07 609 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-10 512 N PORTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-11 601 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-333-12 621 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-01 702 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-02 706 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-03 710 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-04 714 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-05 720 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-06 713 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-334-07 701 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-01 702 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-02 708 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-03 712 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-04 716 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-05 416 N LACY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-06 719 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-07 713 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-11 701 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-337-12 701 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-01 602 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-06 615 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-07 609 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-08 601 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-09 409 N MINTER ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-338-11 606 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-08 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-09 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-10 1020 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-11 941 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-12 1035 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-03 906 E 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-07 929 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-343-08 903 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-352-10 920 E SANTA ANA BLVD UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-01 742 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-02 738 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-03 734 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-04 730 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-05 718 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-06 714 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-07 710 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-08 702 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-09 626 N GRAND AVE UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-371-10 624 ode - UN-2 City Council 41 37 - 295 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-371-11 620 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-12 616 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-14 600 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-15 601 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-16 609 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-17 615 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-18 617 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-19 621 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-20 623 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-21 629 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-22 703 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-23 707 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-24 711 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-25 715 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-26 717 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-27 721 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-28 725 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-29 731 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-30 735 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-31 739 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-32 1214 E FRUIT ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-33 610 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-371-34 606 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-01 516 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-02 510 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-03 508 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-04 511 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-05 515 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-06 519 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-372-07 1202 E 6TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-01 528 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-02 524 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-373-07 514 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-01 742 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-02 740 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-03 736 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-04 732 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-05 728 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-06 724 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-07 720 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-08 716 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-09 710 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-10 706 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-11 704 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-12 628 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-13 626 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-14 622 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-15 618 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-16 610 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-374-17 606 N EASTWOOD AVE UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-374-18 604 ode UN 2 City Council 42 37 - 296 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 398-381-08 412 N SANTA FE ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-09 412 N SANTA FE ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-10 1061 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-11 1055 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-12 1051 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-13 1051 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-01 1111 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-02 508 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-03 506 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-04 420 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-382-05 416 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-01 507 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-02 501 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-03 419 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-04 411 N EASTWOOD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-05 1201 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-08 404 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-09 416 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-10 420 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-11 424 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-12 502 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-383-13 400 N GRAND AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-06 1121 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-07 1119 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-08 1115 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-09 1111 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-386-10 1105 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-01 1108 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-04 1116 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-05 1122 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-06 212 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-07 208 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-451-08 202 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-01 1102 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-02 1108 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-03 1116 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-04 1118 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-05 120 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-06 108 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-07 104 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-452-08 1102 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-01 1202 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-02 1202 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-03 1208 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-04 1210 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-08 1209 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-09 1207 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-10 209 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-453-11 1205 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-454-01 117 N HATHAWAY ST UN 0.5 - 1.8 FAR density intensity UN-30 Transit Zoning Code - UN-2 398-454-02 111 ode UN 2 City Council 43 37 - 297 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 398-454-03 1208 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-454-11 107 N HATHAWAY ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-03 1002 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-07 1044 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-18 1030 E 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-19 1038 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-01 1026 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-02 1022 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-03 1008 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-04 922 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-05 924 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-06 927 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-471-07 900 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-01 1000 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-02 1000 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-03 928 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-04 905 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-05 910 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-472-06 905 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-04 914 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-06 902 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-10 938 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-473-12 936 E 2ND ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-08 610 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-09 612 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-10 616 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-11 710 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-12 716 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-24 604 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-481-26 608 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-01 802 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-02 806 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-03 800 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-04 818 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-05 820 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-06 822 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-483-07 832 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-484-05 818 E 3RD ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-18 1039 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-362-05 420 TERMINAL ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-381-03 1055 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-342-15 1029 E 4TH ST UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 398-461-06 117 N STANDARD AVE UN 0.5 - 1.8 FAR density/intensity UN-30 Transit Zoning Code - UN-2 198-101-03 3704 W WASHINGTON AVE MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-04 1222 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-05 1218 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-07 1122 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-08 1114 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-09 1102 N BEWLEY ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-10 3625 W 11TH ST MR15 15 du/ac LU change LR-7 West Santa Ana Boulevard 198-101-17 121 Boulevard City Council 44 37 - 298 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 198-211-04 3424 W WASHINGTON AVE LR7 7 du/ac LU change LMR-11 West Santa Ana Boulevard 405-222-10 2901 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 405-222-12 2767 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 405-222-13 2767 W 1ST ST IND 0.45 FAR LU change MR-15 West Santa Ana Boulevard 007-161-01 1922 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-02 1918 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-03 1914 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-04 1912 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-05 1906 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-06 1904 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-07 209 N TOWNSEND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-08 1921 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-09 1917 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-10 1915 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-11 1911 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-12 1907 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-161-13 1901 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-01 1924 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-02 1918 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-03 1916 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-04 1912 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-05 1906 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-162-06 1904 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-02 1826 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-03 1822 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-04 1818 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-05 1814 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-07 1837 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-08 1831 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-10 1819 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-11 1815 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-12 1809 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-13 1805 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-14 1801 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-15 1821 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-16 1825 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-17 1832 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-18 1834 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-19 1810 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-21 1802 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-163-22 1806 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-01 1832 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-02 1826 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-03 1824 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-04 1820 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-05 1816 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-06 1810 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-07 1808 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-164-08 1802 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-02 1724 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-03 172 Boulevard City Council 45 37 — 299 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change EM 007-201-04 1718 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-06 1706 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-07 1702 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-14 110 N WESTERN AVE LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-17 1716 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-18 1712 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-28 1732 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 007-201-29 1728 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-01 271 N RAITT ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-02 1726 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-03 1722 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-04 1722 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-05 1716 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-06 1716 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-07 1706 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-08 1702 W 3RD ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-09 1701 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-10 1705 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-11 1709 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-12 1715 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-13 1717 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-14 1721 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 405-176-15 1727 W 2ND ST LR7 7 du/ac LU change CR West Santa Ana Boulevard 008-131-33 1249 W 1ST ST GC 0.5 FAR LU change OS West Santa Ana Boulevard 008-082-19 1225 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-20 1217 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-21 1213 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-22 1211 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-23 1207 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-082-24 1201 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-11 1139 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-12 1131 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-13 1129 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-14 1127 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-26 1107 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-07 1222 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-08 1218 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-09 1214 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-10 1210 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-11 1206 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-091-12 1202 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-01 1140 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-05 1120 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-08 1106 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-09 1102 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-23 1128 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-093-24 1114 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-01 1076 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-02 1070 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-08 1042 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-39 103 Boulevard City Council 46 37 — 300 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 405-161-40 1040 W SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 405-161-41 1054 E SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 008-084-24 1111 E SANTA ANA BLVD PAO 0.5 FAR density/intensity PAO-2 West Santa Ana Boulevard 007-120-19 2025 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-120-21 2015 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-28 2201 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-29 2209 W 1ST ST GC 0.5 FAR density/intensity GC-1 West Santa Ana Boulevard 007-362-21 2317 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-22 2313 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-23 2301 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-24 2301 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-25 2233 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-26 2217 W 1ST ST GC 0.5 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-022-29 2415 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-02 1908 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-04 1922 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-05 2002 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-06 1900 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-100-07 1804 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-01 2308 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-02 2304 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-03 2224 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-04 2222 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-06 2210 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-07 2204 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-10 2120 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-11 2110 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-12 2114 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-13 2106 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-14 2102 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-15 2026 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-16 2022 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-17 2020 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-20 2216 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-110-21 2202 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-24 2400 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-25 2401 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-26 2350 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-27 2351 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-28 2330 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-32 2231 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-33 2221 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-34 2220 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-35 2230 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-36 2300 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-37 2310 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-38 321 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-39 311 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-40 301 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-41 312 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-43 234 Boulevard City Council 47 37 - 301 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 007-120-44 2331 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-45 2311 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-46 2321 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-47 2301 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-49 302 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-50 308 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-52 302 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-120-53 304 N TOWNSEND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-01 2430 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-02 2410 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-03 411 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-04 410 NANTUCKET PL IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-05 401 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-06 400 NANTUCKET PL IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-07 321 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-08 301 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-09 2430 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-10 2420 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-11 2400 CAPE COD WAY IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-121-12 300 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-04 302 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-11 2602 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-24 2520 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-26 2518 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-29 408 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-31 406 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-35 412 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-42 402 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-45 2521 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-46 2513 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-47 2603 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-48 2521 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-49 2649 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-50 2655 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-51 2639 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-56 2505 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-66 419 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-67 401 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-76 308 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-77 404 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-78 280 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-79 212 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-80 124 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-141-82 201 N Fairview St IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-142-01 2702 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-08 200 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-09 2323 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-10 216 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-15 2431 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-17 201 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-18 242 Boulevard City Council ED 37 - 302 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 007-361-19 2420 W 3RD ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-20 2411 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-21 2421 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-361-22 121 N SULLIVAN ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-03 2309 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-06 2233 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-09 2221 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-10 2217 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-11 2218 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-12 2222 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-13 2226 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-20 201 N CLARA ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-30 2305 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-31 2310 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-32 2302 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-33 2225 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-34 2230 W 2ND ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 007-362-35 2317 W 2ND St IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-05 2808 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-06 2812 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-07 2818 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-14 2828 W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-222-15 2829 W 1ST ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-01 2501* W 5TH ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-03 501 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-241-04 601 N FAIRVIEW ST IND 0.45 FAR LU change FLEX-1.5 West Santa Ana Boulevard 405-211-02 802 N FAIRVIEW ST GC 0.5 FAR LU change UN-20 West Santa Ana Boulevard 007-313-15 2237 W 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 West Santa Ana Boulevard 007-313-16 2223 W 5TH ST UN 0.5 - 1.8 FAR density/intensity UN-20 West Santa Ana Boulevard 007-022-04 2334 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-05 2328 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-06 2324 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-07 2318 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-09 2304 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-16 2325 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-17 2317 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-19 2310 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-23 2338 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-24 2334 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-25 2329 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-30 2301 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-31 2314 W 6TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-32 2301 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-022-33 2315 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-01 1924 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-02 1920 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-03 1918 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-04 1910 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-05 1906 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-06 1902 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-07 192 Boulevard City Council 49 37 - 303 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 007-101-08 1919 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-10 1909 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-11 1905 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-12 1903 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-13 1913 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-101-14 1915 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-01 1836 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-02 1830 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-03 1824 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-04 1822 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-05 1800 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-06 1812 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-07 1802 W 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-08 1839 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-09 1829 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-10 1825 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-14 1815 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-15 1811 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-16 1807 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-17 1801 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-102-19 1817 W 3RD St LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-351-01 717 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 007-352-46 711 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-03 1730 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-04 1728 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-05 1724 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-06 1722 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-07 1710 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-08 1706 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-09 1702 W 5TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-10 1701 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-11 1707 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-12 1709 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-13 1717 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-14 1721 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-15 1725 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-16 1727 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-19 1731 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-052-20 1735 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-02 1720 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-03 1714 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-04 1710 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-05 1706 W SANTA ANA BLVD LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-06 1702 E 4TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-07 1701 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-08 1705 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-09 1709 W 3RD ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-171-10 301 N RAITT ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-01 730 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-02 802 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-03 720 == Boulevard City Council 50 37 — 304 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 405-211-04 804 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-07 2502 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-08 2506 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-09 2510 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-10 2510 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-11 2520 W 9TH ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 405-211-36 804 N FAIRVIEW ST LR7 7 du/ac LU change UN-20 West Santa Ana Boulevard 398-212-14 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-15 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-16 888 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-212-17 800 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-19 500 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-24 600 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-26 520 W SANTA ANA BLVD PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-27 311 N VAN NESS ST PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 398-221-28 520 W 4TH ST PAO 1.0 FAR LU change UN-30 West Santa Ana Boulevard 405-064-05 1310 W 5TH ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-14 1314 W 5TH ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-17 410 N BRISTOL ST INS 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-16 1235 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-17 1233 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-18 1231 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-03 1240 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-04 1236 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-05 1230 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-06 1226 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 398-221-22 520 W SANTA ANA BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 398-221-23 520 W SANTA AN BLVD PAO 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-15 1305 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-25 1306 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-01 415 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-02 415 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-14 1243 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-15 1241 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-082-29 1247 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-01 315 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-02 1244 W SANTA ANA BLVD GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-14 1247 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 008-091-15 1239 W 3RD ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-06 418 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 405-064-17 410 N BRISTOL ST GC 0.5 FAR LU change UN-30 West Santa Ana Boulevard 007-183-01 1336 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-02 1332 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-03 1326 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-04 1322 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-05 1318 W SANTA ANA BLVD LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-10 305 N HESPERIAN ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-12 1323 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-13 1319 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-14 1315 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 007-183-19 133 = Boulevard City Council 51 37 - 305 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 007-183-20 1325 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-03 1236 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-04 1234 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-082-05 1232 W 5TH ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-16 1237 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-17 1233 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-18 1229 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 008-091-19 1225 W 3RD ST LR7 7 du/ac LU change UN-30 West Santa Ana Boulevard 410-301-28 1000 W MACARTHUR BLVD DC 1.0 FAR LU change LR-7 010-232-18 902 S BROADWAY INS 0.5 FAR LU change LR-7 010-232-22 917 S BIRCH ST INS 0.5 FAR LU change LR-7 396-261-26 2101 E SANTA CLARA AVE INS 0.5 FAR LU change LR-7 396-261-56 2414 N TUSTIN AVE INS/OS/LR-7 0.5 FAR LU change LR-7 396-261-38 2109 E SANTA CLARA AVE INS/GC 0.5 FAR LU change LR-7 016-045-19 2533 ORANGE AVE OS 0.2 FAR LU change LR-7 396-261-56 2414 N TUSTIN AVE OS 0.2 FAR LU change LR-7 405-261-20 801 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-261-21 807 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-261-22 811 N LOUISE ST PAO 0.5 FAR LU change LR-7 405-312-02 1617 N ROSEWOOD AVE PAO 0.5 FAR LU change LR-7 405-321-01 1010 W 17TH ST PAO 0.5 FAR LU change LR-7 405-082-02 1148 W CIVIC CENTER DR PAO 0.5 FAR LU change LR-7 405-082-25 1136 W CIVIC CENTER DR PAO 0.5 FAR LU change LR-7 396-261-37 2360 N TUSTIN AVE GC 0.5 FAR LU change LR-7 396-261-38 2109 E SANTA CLARA AVE GC 0.5 FAR LU change LR-7 398-391-09 526 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-10 522 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-11 518 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-12 514 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-13 510 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-14 506 N MCCLAY ST GC 0.5 FAR LU change LR-7 398-391-27 530 N MCCLAY ST GC 0.5 FAR LU change LR-7 405-081-23 611 N BRISTOL ST GC 0.5 FAR LU change LR-7 398-496-04 113 S HALLADAY ST GC 0.5 FAR LU change LR-7 410-311-02 2970 S MAIN ST GC 0.5 FAR LU change LR-7 414-012-01 2732 W ORION AVE IND 0.45 FAR LU change LR-7 410-111-02 651 W SUNFLOWER AVE UN 0.5 - 1.8 FAR LU change LR-7 407-107-19 3007 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-20 3013 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-22 3019 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-29 3019 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-31 3025 W EDINGER AVE MR15 15 du/ac LU change LR-7 407-107-32 3109 W EDINGER AVE MR15 15 du/ac LU change LR-7 412-423-01 1702 W ADAMS ST LU change LR-7 412-423-02 1706 W ADAMS ST LU change LR-7 412-423-03 1710 W ADAMS ST LU change LR-7 412-423-04 1714 W ADAMS ST LU change LR-7 412-423-05 1718 W ADAMS ST LU change LR-7 412-423-06 1722 W ADAMS ST LU change LR-7 412-423-07 1802 W ADAMS ST LU change LR-7 412-423-08 180 City Council 52 37 — 306 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change em 108-741-03 4918 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 108-741-04 4906 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 108-741-05 4920 W 1ST ST GC/LMR11 0.5 FAR/11 du/ac LU change LMR-11 100-281-07 201 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-09 113 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-11 117 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-12 121 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-16 4326 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-23 4318 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-24 4322 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-26 211 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-28 207 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-29 203 N MOUNTAIN VIEW ST LR7 7 du/ac LU change LMR-11 100-281-30 4330 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-31 4330 W 5th ST LR7 7 du/ac LU change LMR-11 100-281-32 4310 W 5TH ST LR7 7 du/ac LU change LMR-11 100-281-33 4314 W 5TH ST LR7 7 du/ac LU change LMR-11 398-431-19 120 N WRIGHT ST LR7 7 du/ac LU change LMR-11 398-441-06 301 N LINWOOD AVE LR7 7 du/ac LU change LMR-11 398-441-09 302 N LINWOOD AVE LR7 7 du/ac LU change LMR-11 100-281-05 301 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-25 4307 W 1ST ST MR15 15 du/ac LU change LMR-11 100-281-37 321 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-40 243 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 100-281-41 409 N MOUNTAIN VIEW ST MR15 15 du/ac LU change LMR-11 402-051-08 727 S LYON ST ROW LU change MR-15 396-261-21 2031 E SANTA CLARA AVE OS 0.2 FAR LU change INS 412-341-01 2701 S RAITT ST OS 0.2 FAR LU change INS 398-391-15 1324 E 4TH ST GC 0.5 FAR LU change INS 016-035-12 417 E CENTRAL AVE LR7 7 du/ac LU change INS 109-062-33 1001 S GRAHAM LN LR7 7 du/ac LU change INS 109-064-40 1001 S GRAHAM LN LR7 7 du/ac LU change INS 396-211-40 2019 N GRAND AVE LR7 7 du/ac LU change INS 396-201-05 2100 N GRAND AVE LR7 7 du/ac LU change INS 405-233-36 1112 W CIVIC CENTER DR LR7 7 du/ac LU change INS 004-070-38 1714 W MARTHA LN LR7 7 du/ac LU change INS 016-090-27 400 E CENTRAL AVE LR7 7 du/ac LU change INS 405-121-11 1825 W CIVIC CENTER DR INS 0.5 FAR LU change OS 415-031-16 4501 W MACARTHUR BLVD IND 0.45 FAR LU change OS 016-035-15 417 E CENTRAL AVE LR7 7 du/ac LU change OS 390-691-08 2535 N MAIN ST LR7 7 du/ac LU change OS 390-691-09 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-07 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-08 2535 N MAIN ST LR7 7 du/ac LU change OS 405-121-11 1825 W CIVIC CENTER DR LR7 7 du/ac LU change OS 390-701-07 2535 N MAIN ST LR7 7 du/ac LU change OS 390-701-06 2535 N MAIN ST LR7 7 du/ac LU change OS 001-011-22 1817 W 21TH ST MR15 15 du/ac LU change OS 405-251-02 1212 W 17TH ST LR7 7 du/ac LU change PAO 399-072-17 1139 W 17TH ST LR7 7 du/ac LU change PAO 405-312-29 112 City Council 53 37 — 307 12/7/2021 City of Santa Ana General Plan Land Use Plan Update Inventory (December 2021) APN Situs Address Current General Plan Current Density/ Intensity Type of Change 9M 405-312-30 1108 W 17TH ST LR7 7 du/ac LU change PAO 398-522-24 1324 N BROADWAY MR15 15 du/ac LU change PAO 398-535-10 1024 N ROSS ST MR15 15 du/ac LU change PAO 398-535-11 1032 N ROSS ST MR15 15 du/ac LU change PAO 396-261-30 2360 N TUSTIN AVE INS 0.5 FAR LU change GC 396-261-31 2370 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-32 2360 N TUSTIN AVE INS 0.5 FAR LU change GC 396-261-35 2360 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-33 2360 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 396-261-34 2370 N TUSTIN AVE INS/GC 0.5 FAR LU change GC 405-321-02 900 W 17TH ST PAO 0.5 FAR LU change GC 011-263-25 1100 S GRAND AVE IND 0.45 FAR LU change GC 198-132-21 2530 W 17TH ST UN 0.5 - 1.8 FAR LU change GC 198-132-23 2534 W 17TH ST UN 0.5 - 1.8 FAR LU change GC 003-161-10 2015 POINSETTIA ST LR7 7 du/ac LU change GC 099-213-53 502 N EUCLID ST LR7 7 du/ac LU change GC 099-221-22 414 N EUCLID ST LR7 7 du/ac LU change GC 099-222-39 306 N EUCLID ST LR7 7 du/ac LU change GC 099-223-26 202 N EUCLID ST LR7 7 du/ac LU change GC 099-224-33 114 N EUCLID ST LR7 7 du/ac LU change GC 099-224-40 122 N EUCLID ST LR7 7 du/ac LU change GC 099-224-41 118 N EUCLID ST LR7 7 du/ac LU change GC 399-085-21 1715 N BRISTOL ST LR7 7 du/ac LU change GC 405-321-02 900 W 17TH ST LR7 7 du/ac LU change GC 414-022-20 3730 S GREENVILLE ST LR7 7 du/ac LU change GC 414-022-37 3730 S GREENVILLE ST LR7 7 du/ac LU change GC 399-085-16 1223 W 17TH ST LR7 7 du/ac LU change GC 399-085-17 1205 W 17TH ST LR7 7 du/ac LU change GC 399-085-18 1225 W 17TH ST LR7 7 du/ac LU change GC 399-085-19 1227 W 17TH ST LR7 7 du/ac LU change GC 002-104-47 521 W 17TH ST LR7 7 du/ac LU change GC 099-224-26 5201 W 1ST ST LR7 7 du/ac LU change GC 004-044-48 1916 W 17TH ST LR7 7 du/ac LU change GC 396-292-01 2101 N TUSTIN AVE LR7 7 du/ac LU change GC 100-281-36 4315 W 1ST ST MR15 15 du/ac LU change GC 430-251-14 2100 EDINGER AVE LU change GC 396-314-06 1722 E 17TH ST LU change GC 007-321-02 1526 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-04 1506 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-17 1525 W WALNUT ST UN 0.5 - 1.8 FAR density/intensity UN-30 007-321-18 1548 W 1ST ST UN 0.5 - 1.8 FAR density/intensity UN-30 003-153-48 317 E 17TH ST UN 0.5 - 1.8 FAR density/intensity UN-50 011-251-17 1113 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-18 1117 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-19 1121 S STANDARD AVE LR7 7 du/ac LU change OS 011-251-20 1125 S STANDARD AVE LR7 7 du/ac LU change OS City Council 54 37 — 308 12/7/2021 RESOLUTION NO. 2021-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE PROPOSED GENERAL PLAN UPDATE IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS WHEREAS, Article 5 of Chapter 3 of Division 1 of Title 7 (commencing with Section 65300) of the Government Code requires the City to prepare and adopt a comprehensive, long-term general plan for the physical development of the City; and WHEREAS, the City of Santa Ana now seeks to adopt a comprehensive update to the Santa Ana General Plan; and WHEREAS, the General Plan Update ("project") also requires the certification of the Final Recirculated Program Environmental Impact Report and related documents that have been completed for the project, which approval will be concurrent with the approval of the General Plan Update; and WHEREAS, the project as currently proposed entails, among other things, (1) the revision to the State mandated Elements of the General Plan; (2) the inclusion of optional Elements to the General Plan; and (3) approval of General Plan Amendment (GPA) No. 2020-06, which would result in a comprehensive update to the existing General Plan; and WHEREAS, the City of Santa Ana is also located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport ("AELUP"); and WHEREAS, California Public Utilities Code section 21676(b) requires the City to refer projects requiring a general plan amendment or a zone change to the Airport Land Use Commission for Orange County ("ALUC") for consistency with the AELUP; and WHEREAS, the City submitted the General Plan Update to the ALUC for consistency review on September 17, 2020; and WHEREAS, on October 15, 2020, the ALUC, by vote of 5-0, found the General Plan Update to be inconsistent with the Airport Environs Land Use Plan for John Wayne Airport pursuant to AELUP sections 1.2, 2.1.4, and 3.2.1, and Public Utilities Code section 21674, due to (1) proferred aircraft noise and safety issues relative to the allowed placement of residential units within the flight corridor in the 55 Freeway/Dyer Road Focus Area and (2) proferred building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue); and City Council 37 — 309 Resolution NVFdP0RAX Page 1 of 11 WHEREAS, pursuant to Public Utilities Code section 21676(b), the City may overrule the ALUC by a two-thirds vote of the City Council if it makes specific findings that the project is consistent with the purpose of the State Aeronautics Act; and WHEREAS, pursuant to Public Utilities Code section 21676(b), on October 16, 2020, with the requisite 45-day notice, the Santa Ana City Council adopted a resolution of intent to overrule the determination of inconsistency by the ALUC, Resolution No. 2020-078, and provided the ALUC with notice thereof, including proposed findings; and WHEREAS, by letter dated November 12, 2020, and in accordance with Public Utilities Code section 21676, the ALUC submitted written comments to the City addressing the City's proposed overruling; and WHEREAS, on November 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider the Final Program Environmental Report and General Plan Update, at which the Planning Commission voted not to certify the Final PEIR and continue work on the General Plan Update to a future date to allow additional time for outreach to Santa Ana's environmental justice communities and in view of the COVID- 19 pandemic; and WHEREAS, the Santa Ana General Plan Update subsequently underwent revisions that were not materially different from what was originally submitted to the ALUC for review, leaving the Land Use Element unchanged, nor were any new elements added that include changes within the JWA Planning area; and WHEREAS, the written comments received from the ALUC have been included in the public record as required by Public Utilities Code section 21676; and WHEREAS, in 2021, a Recirculated Draft Program Environmental Impact Report was prepared and circulated in accordance with all legal requisites, as a supplemental analysis to the original Draft PEIR to reflect the updates to the project and based on an intensive, extended community outreach program conducted by the City between January and May 2021; and WHEREAS, on November 8, 2021, the Planning Commission conducted a duly noticed public hearing to consider the Final Recirculated PEIR and General Plan Update. After hearing all relevant testimony from staff, the public, and the City's consultant team, the Planning Commission voted to recommend that the City Council certify the Final Recirculated PEIR, adopt the findings of fact, the statement of overriding considerations, and the mitigation monitoring and reporting program, and approve the project; and WHEREAS, on December 7, 2021, the City Council conducted a duly noticed public hearing to consider the Final Recirculated PEIR, General Plan Update, and the proposed overruling of the determination of inconsistency by the ALUC, at which hearing members of the public were afforded an opportunity to comment and the project was fully considered. City Council 37 — 310 Resolution NVYdP0RAX Page 2 of 11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana is required to provide findings of fact supporting the overrule of the ALUC's determination of inconsistency as required by Public Utilities Code section 21676(b). Those findings are attached as Exhibit A and incorporated here by reference as if set forth in full. Section 2. Based on these findings of fact and the associated substantial evidence in the public record, the City Council finds that the proposed action by the City on the General Plan Update is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670 and consistent with the AELUP. Section 3. Based on the above evidence and findings made, and the remainder of the record in this matter, the City Council of the City of Santa Ana hereby overrules the Orange County ALUC's determination that the General Plan Update is inconsistent with Airport Environs Land Use Plan for John Wayne Airport. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John M. Funk Sr. Assistant City Attorney AYES- NOES- ABSTAIN - NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers r4ey41 Vicente Sarmiento Mayor City Council 37 — 311 Resolution NVYdP0 AX Page 3 of 11 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana City Council 37 — 312 Resolution NVFdP0RAX Page 4 of 11 EXHIBIT A FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION OF INCONSISTENCY FOR THE CITY OF SANTA ANA COMPREHENSIVE GENERAL PLAN UPDATE, GOLDEN CITY BEYOND (2045) I. INTRODUCTION The City of Santa Ana ("City") is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission's ("ALUC") determination of inconsistency as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the General Plan Update, Golden City Beyond (2045) ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: "It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport ("JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK It is in the public interest to: (1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to (2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and to (3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport ("JWA AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports ("Heliports AELUP") on June 19, 2008. City Council 37 — 313 Resolution NVFdPQRAX Page 5 of 11 C. The ALUC is required to use the California Airport Land Use Planning Handbook ("Handbook") that was updated by the California Department of Transportation, Division of Aeronautics ("Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. On September 17, 2020, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP and Heliports AELUP. E. The ALUC staff report dated October 15, 2020 ("Staff Report") recommends that the ALUC find the Project inconsistent with the JWA AELUP per Sections 1.2, 2.4.1, and 3.2.1 of the JWA AELUP, and per PUC Section 21674, due to 1) proffered aircraft "noise and safety issues" relative to the allowed placement of residential units "within the flight corridor" in the 55 Freeway/Dyer Road Focus Area; and 2) proffered building height issues in a portion of the South Bristol Street Focus Area (between MacArthur Boulevard and Sunflower Avenue). F. The ALUC Staff Report recommends that the ALUC find the Project consistent with the Heliports AELUP, with the condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. G. On October 15, 2020, the ALUC held a public hearing and adopted a resolution finding the Project inconsistent with the JWA AELUP for the stated reasons set forth in the Staff Report, and further finding the Project consistent with the Heliports AELUP on the condition set forth in the Staff Report. H. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21670, 21676) and the ALUC process (JWA AELUP § 4.11) allowing for overrule of an ALUC finding of inconsistency. I. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two- thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act, as stated in PUC Section 21670. J. The City finds that the Project is consistent with the JWA AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. General Plan Update. The Project encompasses the entire City of Santa Ana. The General Plan Update set forth in the Project will change zoning and land use within five (5) geographic Focus Areas within the City. The comments in ALUC's Staff Report and ALUC's determination of inconsistency refer only to changes in land use within these five (5) Focus Areas. 1. The vast majority of the Project falls outside of the JWA AELUP planning area, which is defined in Section 1.7 of the JWA AELUP as "the furthest extent of the 60 CNEL City Council 37 — 314 Resolution NVYdPQRAX Page 6 of 11 Contour, the FAR Part 77 Notification Surface and the runway safety zones associated with the airport." 2. Both the Grand Ave/17th Street Focus Area and the West Santa Ana Boulevard Focus Area fall completely outside of the JWA AELUP planning area. 3. The 55 Freeway/Dyer Road Focus Area and South Bristol Focus Area are both located entirely within the JWA AELUP planning area. 4. The South Main Focus Area is located partially within the JWA AELUP planning area. B. Justification for Finding Project Consistent with the Purposes of PUC Section 21670. 1. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the JWA AELUP and the requirements of PUC Section 21670. a. The majority of the Project falls outside of the 60 dBA CNEL aircraft noise contour (Exhibit 2). (1) Per the JWA AELUP, all land uses are normally consistent within the 60 dBA CNEL aircraft noise contour using conventional construction methods. No special noise reduction methods are required. See JWA AELUP at 23, Table 1. b. The vast majority of the Project is located outside of the JWA 65 dBA CNEL aircraft noise contour. (1) Per the JWA AELUP, commercial (e.g. retail and office), community facilities (e.g. churches, libraries, schools, preschools, day-care centers, hospitals, nursing/convalescent homes, & other noise sensitive uses), and industrial uses are all normally consistent within the 65 dBA CNEL aircraft noise contour. See JWA AELUP at 23, Table 1. (2) Per the JWA AELUP, single and multifamily residential uses are conditionally consistent within the 65 dBA CNEL aircraft noise contour. c. Of the five (5) Focus Areas that will include a change in zoning and land use designation under the Project, only the 55 Freeway/Dyer Road Focus Area lies partially within the 65 dBA CNEL aircraft noise contour. d. The General Plan Update states, as Policy N-1.3, that it shall be City policy to "[c]ollaborate with local and regional transit agencies and other jurisdictions to minimize regional traffic noise and other sources of noise in the City." e. Consistent with the JWA AELUP, the General Plan Update states, as Policy N- 3.3, that it shall be City policy to "[r]equire all residential land uses in 60 dB(A) CNEL or 65 dB(A) CNEL Noise Contours to be sufficiently mitigated so as not to exceed an interior standard of 45 Db(A) CNEL." f. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning of PUC Section 21670. City Council 37 — 315 Resolution NVYdPQRAX Page 7 of 11 2. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the JWA AELUP. a. Section 2.1.2 of the JWA AELUP describes the airport's safety compatibility zones. (1) Per Section 2.1.2 of the JWA AELUP, "Safety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs." (2) The purpose of these zones, per the JWA AELUP, is to "support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." b. The JWA AELUP identifies the following Safety Zones: (1) Zone 1: Runway Protection Zone (2) Zone 2: Inner Approach/Departure (3) Zone 3: Inner Turning Zone (4) Zone 4: Outer Approach/Departure Zone (5) Zone 5: Sideline Zone (6) Zone 6: Traffic Pattern Zone c. The Project is not in the JWA runway protection zones (RPZ). d. None of the Project Focus Areas are in any of the JWA AELUP safety zones. JWA AELUP Safety Zone 6 overlays a small portion of the City south of MacArthur Boulevard, however the Project does not propose any change in land use or zoning in this area. e. The ALUC Staff Report states that "The proposed changes in Land Use in the 55/Dyer Focus Area would result in 9,952 total residential units within the flight corridor for John Wayne Airport subjecting future residents to noise and safety issues." (1) As noted above and in Section 2.1.2 and Appendix D of the JWA AELUP, the "flight corridor for John Wayne Airport" is not an identified Safety Zone for JWA. Nor is a "flight corridor" a defined, restrictive term in the JWA AELUP, the PUC, or the Federal Aviation Regulations. f. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility Zones. Furthermore, the ALUC did not find, and cannot find, that the Project is inconsistent with Section 2.1.2 of the JWA AELUP. g. Based on the foregoing, the Project will not result in the exposure of City residents to excessive safety hazards within the meaning of PUC Section 21670. City Council 37 — 316 Resolution NVYdPQRAX Page 8 of 11 3. Height. The residential and commercial land uses under the proposed project are consistent with the height standards of the JWA AELUP, which are stated in the Federal Aviation Regulations, 14 C.F.R. Part 77, relating to Safe, Efficient Use and Protection of the Navigable Airspace. a. The General Plan Update states, as Policy S-4.1 Structures above 200 feet, "[p]roposed projects that would exceed a height of 200 feet above existing grade shall be required to file a Form 7460-1 with the Federal Aviation Administration ("FAA"). b. In response to Recommendation 1.b. from the ALUC Staff Report, the General Plan Update is revised to state, as Policy S-4.2 Federal Aviation Regulation Part 77, "[d]o not approve buildings and structures that would penetrate Federal Aviation Regulation ("FAR") Part 77 Imaginary Obstruction Surfaces, unless, consistent with PUC Section 21240, such building or structure is determined by the FAA to pose "no hazard" to air navigation." Additionally, under this Policy, applicants proposing buildings or structures that penetrate the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City and the ALUC. Referral to FAA for study under its Form 7460-1 process is appropriate because: (1) "The United States Government has exclusive sovereignty of airspace of the United States" (49 U.S.C. § 40103(a)(1)). (2) In order to use this airspace, the FAA Administrator is responsible for: (i) Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1)); and (ii) "[R]egulations on the flight of aircraft (including regulations on safe altitudes) for (A) navigating, protecting and identifying aircraft; (B) protecting individuals and property on the ground; (C) using the navigable airspace efficiently; and (D) preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects" (49 U.S.C. § 40103(b)(2)). (3) The FAA's aeronautical studies under FAR Part 77 are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law. (PUC § sb21240). c. The maximum allowable building heights in the zoning and land use designations proposed in the 55 Freeway/Dyer Road Focus Area range between 6 and 10 stories, or about 60 and 100 feet above ground level ("AGL"). These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 50:1 Departure Surface, the sloping, three-dimensional 20:1 conical surface, and the 206' above mean sea level ("AMSL") horizontal surface. d. The maximum allowable building heights in the zoning and land use designations proposed in the South Bristol Street Focus Area range between 10 and 25 City Council 37 — 317 Resolution NVYdP0RAX Page 9 of 11 stories, or about 100 to 250 feet AGL. Proponents of future structures exceeding 200 feet AGL and/or structures penetrating the 100:1 Notification Surface will be required to file a Form 7460-1 Notice of Proposed Construction or Alteration with FAA and provide a copy of the FAA determination to the City. Per Policy S-4.2, the applicant would be required to obtain an FAA determination of no obstruction or no hazard to air navigation before seeking City approval. e. The maximum allowable building heights in the zoning and land use designations proposed in the South Main Street Focus Area range between 2 and 3 stories, or about 20 to 30 feet AGL. These maximum allowable building heights would not exceed the FAR Part 77 imaginary obstruction surfaces for JWA, including the sloping, three-dimensional 20:1 conical surface, and the 206' AMSL horizontal surface. f. The Project's requirement that future construction and development comply with the FAA's 7460-1 process ensures that building heights within the Project area will not pose a hazard to air navigation. This is consistent with and furthers the purposes of PUC Section 21670 by minimizing the public's exposure to safety hazards. g. The Project is an approval only as to land use designation and zoning. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 C.F.R. Part 77, and no part of the Project involves the proposed construction or alteration of any structure. Accordingly, no aeronautical study is required as part of the Project. See 49 U.S.C. § 44718; 14 C.F.R. Part 77; FAA Order JO 7400.2M. h. The Project does not create a safety hazard pursuant to PUC Section 21670. 4. Heliports. Heliports are not permitted in any residential (R1, R2, R3, or R4) District pursuant to Santa Ana Municipal Code section 41-621. Outside of residential Districts, heliports are only allowed with a conditional use permit ("CUP"). a. The General Plan Update states, as Policy S-4.4 Heliport/helistop approval and requirements, "Approve the development of a heliport or helistop only if it complies with the ALUP for heliports." Policy S-4.4 further makes it City policy to "[e]nsure that each applicant seeking a conditional use permit or similar approval for the construction or operation of a heliport or helistop complies fully with the state permit recommended by the FAA, by Orange County ALUC, and by Caltrans/Division of Aeronautics. This requirement shall be in addition to all other City development requirements." b. As described in Draft PEIR Section 5.8, any applicant proposing a heliport "shall undergo review by the ALUC, obtain an Airspace Analysis from the FAA as specified in Section 2.1.5 of the JWA AELUP, and confirm consistency with the JWA AELUP prior to construction, as specified in Section 4.7 of the JWA AELUP." c. The Project and existing provisions within the Santa Ana Municipal Code restrict the establishment of heliports within the City. Heliports are only allowed in non- residential districts, and only once the applicant obtains a CUP following FAA City Council 37 — 318 Resolution NVYdPQRAX Page 10 of 11 Airspace analysis and other review procedures. These restrictions minimize the public's exposure to excessive noise and safety hazards, in furtherance of the purposes of PUC Section 21670. d. ALUC has determined that the Project is consistent with the Heliports AELUP on condition that the City include a statement in the General Plan Update (Safety Element Policy S-4.4) that any proposals for heliports/helipads within the City be submitted through the City to ALUC for a consistency determination. City Council 37 — 319 Resolution NVRPORAX Page 11 of 11 Template A RESOLUTION OF THE YOUR AGENCY SUPPORTING FEDERAL PFAS LEGISLATION THAT PROTECTS RATEPAYERS AND WATER/WASTEWATER AGENCIES WHEREAS, PFAS are a group of man-made chemicals created by chemical manufacturers and despite playing no role in releasing PFAS into the environment, cities and water agencies must find ways to remove them from local water supplies; and, WHEREAS, PFAS have been detected in the Orange County Groundwater Basin, managed by Orange County Water District, and are estimated to cost Orange County more than $1 billion, over 30 years —a cost that will likely increase; and, WHEREAS, Ratepayers are at risk from pending PFAS legislation and associated PFAS costs and water agencies and stakeholders must take action to inform members of Congress of these devastating impacts; and, THEREFORE, All PFAS related legislation must exempt water and wastewater agencies from any liability for PFAS cleanup costs; and, WHEREAS, A water utility that complies with applicable and appropriate federal management and treatment standards must not be responsible for current and future costs associated with a PFAS cleanup; and, WHEREAS, Given the potential for federal legislation, such as the PFAS Action Act of 2021 (H.R. 2467), to expose water agencies, that simply receive and treat water supplies, with across-the-board liability for PFAS-related cleanups when they have no responsibility for the presence of PFAS, an explicit exemption from Superfund clean-up liability must be made for water and wastewater agencies; and, WHEREAS, Under existing law, the USEPA ensures that public health benefits of new drinking water standards are reasonably balanced with the compliance costs that water system ratepayers will ultimately incur and eliminating this analysis would burden ratepayers of all income levels with astronomical costs to comply with drinking water standards; and, WHEREAS, Amendments to the Safe Drinking Water Act should not delete the longstanding cost -benefit analysis; and, WHEREAS, OCWD supports providing direct grant funding for PFAS remediation to water and wastewater agencies as provided in the Senate -passed Infrastructure Investment and Jobs Act (H.R. 3684); and, NOW, THEREFORE, let it be resolved that the Board of Directors of the Your Agency hereby supports these federal PFAS policy principles to protect water/wastewater agencies and their ratepayers and, FURTHERMORE, we call upon the Orange County Congressional Delegation and California Senatorial Delegation to cast votes implementing these public policy positions. Adopted: Date cc: Orange County Water District City Council 39 — 1 12/7/2021 Housing Authority www.santa-ana.org/cd Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 7, 2021 TOPIC: Affordable Housing Project at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. AGENDA TITLE: Approve a $1,656,947 Loan Agreement and a 99-year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. (Non -General Fund) (Contingent upon approval of City Council Item #16). RECOMMENDED ACTION 1. Approve an amended award of $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. to offset a portion of the additional construction costs associated with the project since approval of the pre -loan commitment for the project by the Housing Authority on January 15, 2019. 2. Authorize the Executive Director of the Housing Authority to execute a Loan Agreement with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. for $1,656,947 in Low and Moderate Income Housing Asset Funds for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd., subject to non -substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 3. Authorize the Executive Director of the Housing Authority to execute a ninety-nine (99) year Ground Lease with Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc., for the development of the FX Residences affordable housing project located at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd, subject to non - substantive changes approved by the Executive Director of the Housing Authority and Authority General Counsel. 4. Authorize the Executive Director of the Housing Authority to execute a future Subordination Agreement with a senior lender for the development of the FX Residences affordable housing project, subject to non -substantive changes approved by the City Manager and City Attorney. City Council 3-1 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 2 EXECUTIVE SUMMARY On January 15, 2019, the Housing Authority approved an award of $1,069,947 in funding and agreed to enter into a 99-year Ground Lease for the development of the Frances Xavier Residence affordable housing project by Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. After nearly three years of predevelopment in which Frances Xavier Residence (renamed to "FX Residences") worked with staff to secure all of their remaining sources of financing in their capital stack as a condition of the Housing Authority's award of funds and Ground Lease, staff is now returning to the Housing Authority / City Council for approval of their Loan Agreement and Ground Lease. Due to additional construction costs associated with the project since approval of the award on January 15, 2019, staff is also recommending to amend their award of funds for an additional $587,000. In addition, staff is also recommending approval of a Density Bonus Agreement required for HomeAid's entitlements to develop FX Residences and a Development Impact Fee Deferral Agreement to offset their costs of construction. A future Subordination Agreement may be necessary at a later date and is included as a Recommended Action. DISCUSSION On January 15, 2019, the City Council approved a pre -loan commitment with HomeAid Orange County ("HomeAid"), with Mercy House Living Centers ("Mercy House") as the service provider, for $1,069,947 in Low and Moderate Income Housing Asset Funds and a 99-year Ground Lease of 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. for the development of the Frances Xavier Residence affordable housing project. The $1,069,947 are former redevelopment agency funds held by the Housing Authority acting as the Housing Successor Agency. The funds are generated from proceeds from the sale of former Redevelopment Agency housing assets, residual receipts from former Redevelopment Agency assets (i.e., loans), as well as a portion of the loan repayments from the former Redevelopment Agency to the City. The Housing Authority owns the land at 801, 807, 809 and 809 '/2 E. Santa Ana Blvd. after it was transferred by the former Redevelopment Agency. The project was renamed from Frances Xavier Residences to FX Residences after the City Council approved the pre -loan commitment. The staff report from January 15, 2019 is attached as Exhibit 1 and the pre -loan commitment letter is attached as Exhibit 2. After the City Council approves a pre -loan commitment of funding for an affordable housing project, it typically takes a substantial amount of time for a developer to secure their remaining sources of financing in their capital stack. The majority of large multi- family affordable housing projects require Low -Income Housing Tax Credits, which are very competitive for the higher value 9% Tax Credits with only two application deadlines a year and more difficult to finance with the lower value 4% Tax Credits. In this case, HomeAid did not apply for Low -Income Housing Tax Credits, but applied for various other sources of financing through the County of Orange, Orange County Housing Finance Trust and Wells Fargo, among other grantees and lenders. After almost three years since City Council 3-2 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 3 HomeAid received a commitment of funding and land from the Housing Authority, HomeAid is prepared to close on their financing and begin construction of the project. In order for HomeAid to develop FX Residences and in accordinace with the pre -loan commitment letter approved by the Housing Authority on January 15, 2019, staff is recommending approval of $587,000 in additional funds, a $1,656,947 Loan Agreement, a 99-year Ground Lease, a Density Bonus Agreement, and a Development Impact Fee Deferral Agreement with HomeAid for the development of the FX Residences affordable housing project ("Project") located at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. $587,000 Award of Additional Funds Due to unanticipated and additional construction costs associated with the Project since approval of the pre -loan commitment on January 15, 2019, staff is recommending to amend the Housing Authority's original award for $587,000 in additional funds from the Low and Moderate Income Housing Asset Fund. With approval by the Housing Authority, the total award of funds would increase from $1,069,947 to $1,656,947. After receiving the Housing Authority's award of financial assistance, HomeAid revised their proposed project to add five additional units instead of the 12 units previously proposed. In addition, HomeAid received updated construction cost estimates, which increased the development budget for the Project. The increase in costs is primarily due to the COVID- 19 pandemic and the increase in labor and materials since January 15, 2019. As such, HomeAid is requesting the Housing Authority to provide an additional $587,000 in additional financial assistance to the Project. To address this gap, most recently HomeAid attempted to apply for these funds from Wells Fargo and from the Affordable Housing Program General Fund through the Federal Home Loan Bank of San Francisco. Although Wells Fargo provided a $25,000 grant, the application to the Federal Home Loan Bank was not successful. Keyser Marston Associates, Inc. prepared a financial gap analysis attached as Exhibit 3 and confirmed this remaining financial gap amount. Staff recommends approval of the award of $587,000 in order to move the Project forward and not continue to wait for HomeAid to secure their remaining sources of financing. If not approved by the Housing Authority, the Project will likely be delayed by another year before being recommended to City Council for approval again. Loan Agreement The Housing Successor Agency Loan Agreement is attached as Exhibit 4. The following loan terms are incorporated into the Loan Agreement: • Borrower: Shelter Providers of Orange County, Inc. DBA HomeAid Orange County, Inc. • Loan Amount: $1,656,947 principal amount from the Low and Moderate Income Housing Asset Fund (Housing Successor Agency) • Interest Rate: 3% simple interest compounded annually City Council 3-3 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 4 • Term: fifty-five (55) years from the date of issuance of the Certificate of Occupancy for the Project. • Terms of Repayment: Repaid from fifty percent (50%) of residual receipts (pro- rata with payments due in connection with other financing provided) calculated by taking the Annual Project Revenues from the Property for each year, less deductions for Annual Operating Expenses. • Disbursement Schedule: 90 percent of the funds will be disbursed upfront for the construction, with a 10 percent contingency. • Selection of Tenants: HomeAid shall give preference in leasing units to chronically homeless individuals that live and/or work in the City of Santa Ana. Staff in the Community Development Agency will monitor implementation of the preference. The Loan Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. 99-Year Ground Lease The 99-year Ground Lease is attached as Exhibit 5. The 99-year Ground Lease is between the Housing Authority ("Agency" and "Lessor") and HomeAid as the "Tenant". In its simplest form, the Ground Lease binds the Housing Authority into a 99-year Ground Lease with HomeAid to develop, manage and maintain the FX Residences Project on the Housing Authority's land at 801, 807, 809 and 809'/2 E. Santa Ana Blvd. The purpose of the Ground Lease is to lease the parcels owned by the Housing Authority to HomeAid for no more than 99 years from the date they receive their Certificate of Occupancy. The following terms are incorporated into the 99-year Ground Lease: • Term: ninety-nine (99) years, commencing on the Effective Date of the lease, and shall expire at 12.00 midnight Pacific Standard Time on the 99t" anniversary of the Commencement Date. The Effective Date is the date when the Tenant takes possession of the property and is entitled to start construction. The Commencement Date is the date when the Tenant receives their Certificate of Occupancy. • Tenant accepts the parcel "as -is". • Tenant shall pay to Housing Authority a base rent in the amount of one dollar ($1.00) per year. • Tenant shall pay directly to the taxing authorities all taxes required and utility costs. • Tenant shall construct and during the entire Term operate, maintain, replace and repair the improvements upon the property for only the following required uses: o multifamily affordable housing, and appurtenant improvements, including, without limitation, parking; o permanent supportive housing units and related services; and o related commercial and community -serving uses, as approved by the Lessor. City Council 3-4 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 5 • The Housing Authority may enter the premises upon two (2) business days' prior written notice to Tenant in order to determine whether Tenant is complying with Tenant's obligations or to enforce any rights given to the Housing Authority under the Lease. • On a monthly basis, the Tenant shall maintain a reserve fund to pay for the costs of major replacements, renovations or significant upgrades of or to the Project. The Tenant shall contribute to a Capital Improvement Fund one percent (1 %) of the total rent collected by Tenant from sub -tenants from the previous month. • Throughout the Term of the Lease, Tenant shall, at Tenant's sole cost and expense, keep and maintain the premises and all Improvements now or hereafter constructed and installed on the premises in good order, condition and repair. • In the event the whole or any part of the improvements shall be damaged or destroyed by fire or other casualty, damage or action of the elements which is fully covered by insurance required to be carried by Tenant pursuant to the Lease or in fact caused by Tenant, at any time during the Term, Tenant shall with all due diligence, at Tenant's sole cost and expense, repair, restore and rebuild the improvements on substantially the same plan and design as existed immediately prior to such damage or destruction and to substantially the same condition that existed immediately prior to such damage. • Tenant will purchase all required insurance at Tenant's expense and provide active certificates of insurance, including all endorsements required by the Housing Authority. • Other terms and conditions binding the Tenant in regards to Condemnation, Subletting, Default and Remedies under the lease, Holding Over the lease term, Leasehold Mortgages, and Best Management Practices. The 99-year Ground Lease has been signed by HomeAid to acknowledge their acceptance of the terms. The approval of the 99-year Ground Lease is contingent on approval of the award of additional funds and the Loan Agreement. Density Bonus Agreement The Density Bonus Agreement was approved unanimously by the Planning Commission on March 22, 2021. The Agreement is attached as Exhibit 6. As proposed, the Project will utilize waivers from development standards and/or development concessions through the Density Bonus Agreement as permitted pursuant to California Government Code sections 65915 through 65918 as implemented by the Santa Ana Municipal Code (SAMC) Sections 41-1600 through 41-1607. Staff is recommending approval of the Density Bonus Agreement as the Project satisfies the purpose and intent of the Transit Zoning Code (TZC) to promote a pedestrian -oriented environment with a mix of land uses and will provide additional affordable housing stock to an underserved segment of the City's population. The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units City Council 3-5 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 6 feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus in units. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to "justify" the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Due to the project's 100-percent affordability rate, HomeAid can seek up to three density bonus concessions and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing. The bill requires that housing development in which 100 percent of all units (exclusive of manager units) are for lower -income households receive a maximum density bonus of eighty percent (80%). Pursuant to Section 65915 et al. of the California Government Code, HomeAid is requesting a 70- percent (70%) state density bonus. As outlined by Table 1 below, the maximum unit yield for the 0.344-acre site using the TZC standards and the State density bonus is 18 units and the applicant is proposing to develop 17 units on the site. Table 1: Density Bonus Calculation The purpose of the State Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the Density Bonus Agreement. The conditions of approval proposed for the project are intended to address any of the project's potential impacts. Table 2 outlines the incentives/concessions and waivers requested by HomeAid. City Council 3-6 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 7 Table 2: Requested Incentives/Concessions Lot Depth — 150'-0" Sec. 41-2020 — Lot Lot Depth — 130'-0" — 250'-0" Lot Width — 100'-0" — Requires Width and Depth Lot Width — 125-0" — 200'-0" Concession for lot width at 25 feet less than the minimum (1 of 3), Cal. Gov't Code Sec. 65915 (d)(1) Sec. 41-2003 of the TZC allows for 10 Tandem parking spaces proposed Sec. 41-2003 — tandem parking not to exceed 30% of out of 12 spaces provided (83% of Tandem Parking the required parking per residential parking) - Requires Concession to unit. exceed the minimum by 53% (2 of 3), Cal. Gov't Code Sec. 65915 (d)(1) Common open space is required to be Common open space is provided as a Sec. 41-2024 — designed as a courtyard and be equal 1,877-square-foot interior courtyard. — Open Space to 15 percent of the lot area. The Requires Concession provide 12.5 Standards required open space would be percent of the lot area (3 of 3), Cal. approximately 2,247 square feet. Gov't Code Sec. 65915 (d)(1) A Stacked Dwelling Building Type is Sec. 41-2020 — The UN-2 land use designation does proposed at this location which is not Permitted not permit the Stacked Dwelling permitted, pursuant to the TZC — Building Type Building Type Requires Waiver to allow Stacked Building Type, Cal. Gov't Code Sec. 65915 (e)(1) No trees are proposed or can be accommodated along Garfield Street. In addition, less than one tree per 25 Sec. 41-2024 — Trees are required to be planted at the lineal feet can be accommodated Landscape rate of one 24-inch box tree per 25 along Santa Ana Boulevard — Standards lineal feet of front yard. Requires Waiver to allow no tree along the Garfield frontage and 1 tree per 37.5 lineal feet along Santa Ana Boulevard, Cal. Gov't Code Sec. 65915 (e)(1) In addition, the site is parked in compliance with California Government Code Section 65915(p)(3)(A) and provides 0.71 spaces per unit, inclusive of handicapped and guest parking. The California Density Bonus Law allows 0.5 spaces per unit for rental projects that are 100-percent affordable to lower income households, and within one-half mile of an accessible major transit stop. The site provides 12 total parking spaces or 0.71 spaces per unit, which includes ten tandem -parking stalls and two van accessible parking stalls. The Density Bonus Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. Development Impact Fee Deferral Agreement The Development Impact Fee Deferral Agreement will defer the collection of the Project's development impact fees until prior to issuance of the certificate of occupancy instead of requiring payment of the fees at the time of building permit issuance. The Agreement is attached as Exhibit 7. HomeAid's reason for the request is that they are entitled by State City Council 3-7 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 8 law to deferred payment of fees intended for public facilities or improvements and the deferral of such development impact fees will help facilitate the financing, development and construction of the project. Specifically, California Government Code Section 66007 states that "any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." The specific development impact fees that are part of this deferral request include the following: Development Impact Fee Amount Park Acquisitions and Development $377,400 Fire Facilities $81,600 Transportation System Improvement Authority (Combined Non -Residential and Residential -Multifamily) $51,000 TOTAL $510,000 As an affordable housing project, the project qualifies for this request for deferral of their development impact fees. The Development Impact Fee Deferral Agreement will defer approximately $510,000 of the development impact fees for the development of the Project. The following terms are incorporated into the Agreement: • Fee Deferral and Amount: The deferred collection of the development impact fees in the estimated amount of approximately five hundred, ten thousand dollars ($510,000). • Deferral Period: The development impact fees will be deferred until the final inspection or issuance of a certificate of occupancy for the Project, whichever comes first. • Extension: An extension of the Agreement may only be granted by the City Council. • Payment Security: Payment of fee is a personal obligation of the owner, or any successor secured by the property, and if left unpaid, shall be collected as a special lien against the property. • Recordation of Agreement and Lien against Property: The Agreement will be recorded in the Official Records of the County of Orange and the Agreement shall contractually bind the owner to pay the development impact fees and shall constitute a lien against the property. City Council 3-8 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 9 The intended goal of the collection of development impact fees at the time of building permit issuance is to ensure that the payment of the fees is completed prior to the vesting of development rights by a project developer. Development impact fees for development projects include customary fees to defray costs for the City to provide development services under the permit, outside agency fees as applicable, and established development impact fees. While deferral of collection of development impact fees is not a routine practice, HomeAid submitted their request under California Government Code Section 66007 and the City is required to consider their request. The collection of the development impact fees for a new residential development is to generally fund planned acquisition and development of parks and open space within the City to mitigate the impacts that new developments will have on the demand for parks and open space within the City. While the request will defer the collection of the development impact fees to a later time in the development process, it will not waive or prevent the City from collecting the fee through protections and securities provided to the City under the agreement. Furthermore, the fees will be paid prior to the actual impact, as no residents will be allowed to occupy the Project until payment is received by the City. The Development Impact Fee Deferral Agreement has been signed by HomeAid to acknowledge their acceptance of the terms. Subordination Agreement As a public lender for an affordable housing project such as this, the private market senior lender typically requests a subordination agreement for the Housing Authority's loan agreement in order to ensure the senior lender will be paid back before the Housing Authority's loan. In this case, staff are uncertain if a subordination agreement is going to be requested by the private market senior lender or another lender. If necessary, the subordination agreement will be drafted and finalized at the conversion from the construction loan to the permanent loan. Project Description The Project includes the construction of a new affordable rental residential development consisting of 17 units, 1,120 square feet of group space (e.g., lobby, lounge/loft, and laundry areas), and a 389-square foot community room. The development will consist of a two-story building with flats/apartment units, trash enclosure, ten covered parking stalls, and one van accessible surface -parking stall. It will feature onsite amenities such as communal laundry facilities on the first and second floor, onsite bicycle storage, 400 square feet of on -site storage, and 608 square feet of office space. One unit will be set aside for the onsite manager while 16 units are proposed as affordable to chronically homeless households earning less than thirty percent (30%) and twenty-five (25%) of the area median income (AMI). Each of the seventeen units will be one -bedroom and will contain a full kitchen, a single bedroom, a full bathroom, and open/common (living) areas. City Council 3-9 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 10 Open space will be provided through a private interior courtyard approximately 1,877 square feet in size. The design and layout of the proposed courtyard creates a unique outdoor area within the development that functions as a passive outdoor space. The courtyard will feature an exterior art wall/mural and a robust landscape palette with a variety of hardscaping materials, trees, and shrubs. Trees and shrubs include, but are not limited to, queen palms, camphor and crape myrtle trees, Indian Hawthorne, red kangaroo paw, and blue ice yellow - wood. Landscaping and a block wall will provide buffering/screening for the adjacent single- family residences to the north. The block wall will feature a varied wall height to allow for proper egress and fire access to building on the adjacent property, which is too close the existing property line. The Project features a Mission Revival architectural style common of many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. The residential structure is designed to fully screen all mechanical equipment within the structure and parapet walls. The Mission Revival style respects and complements the surrounding neighborhood, including the Triada at the Station District located on the corner of Santa Ana Boulevard and Lacy Street across the street from the Project, which was completed in 2013. The Project will be constructed by the same general contractor as the Triada. Overall, the project will include a design and solid construction materials that will ensure that the Project ages well for the duration of the building's lifetime. The Project is proposed to be entirely affordable with 16 units of permanent supportive housing for individuals experiencing chronic homelessness. Nine (9) of the units will be permanent supportive housing for households earning no more than 30% of the Area Median Income; seven (7) of the units will be permanent supportive housing for households earning no more than 25% of the AMI; and one (1) of the units is reserved for an on -site manager. There will be a local preference for chronically homeless residents of Santa Ana who live or work in the City. The unit mix and rent restrictions are as follows: Unit Size No. Units AMI 1-Bedroom 9 30% 7 25% 1 Manager's Unit FISCAL IMPACT Funds for the loan agreement in the amount of $962,952.30 (90% of the original award amount) are available in the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for expenditure in the current fiscal year. Upon approval of the appropriation adjustment by City Council in Item #14, an additional $528,300 (90% of the additional award amount) will be available in the same Loans and Grants account for expenditure. The remaining $165,694.70 (10%) will be budgeted and included in the FY 2022-23 annual budget. City Council 3 — 10 12/7/2021 Loan Agreement and Ground Lease Agreement for FX Residences December 7, 2021 Page 11 EXHIBITS (See City Council Agenda Item #16 for exhibits listed below) 1. Staff Report from January 15, 2019 2. Pre -Loan Commitment Letter 3. Keyser Marston Associates, Inc. Financial Gap Analysis 4. Housing Successor Agency Loan Agreement 5. 99-Year Ground Lease 6. Density Bonus Agreement 7. Development Impact Fee Deferral Agreement Submitted By: Steven A. Mendoza, Assistant City Manager City Council 3 — 11 12/7/2021