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Home My WebLink AboutAgenda Packet_2022-10-04City Council Meeting Packet October 4, 2022 SPECIAL CLOSED SESSION MEETING - 4:00 PM REGULAR OPEN MEETING - 5:45 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Vicente Sarmiento Mayor Thai Viet Phan Councilmember —Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Nelida Mendoza Councilmember - Ward 2 Phil Bacerra Mayor Pro Tem - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Kristine Ridge City Attorney City Manager Vacant 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 10/4/2022 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 10/4/2022 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 www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. 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 eComment(a)santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 3:00 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 https://us02web.zoom.us/j/315965149. To join the 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. Face coverings are required for members of the public who enter City buildings. 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 4:00 p.m. for Special 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. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live City Council 3 10/4/2022 comments on special closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 3:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 4:00 p.m. Speakers who are not in the speaker queue by 4:00 p.m. will not be permitted to speak. 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 6.00 p.m. will not be 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 <!I>) or download a pdf (the cloud symbol with the down arrow ). City Council 4 10/4/2022 SPECIAL CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council ROLL CALL Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza IIITmy f aaiMI Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho PUBLIC COMMENTS — Members of the public may address the City Council on Special 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: 1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2019-01055281 B. Aaron Giron v. City of Santa Ana, Orange County Superior Court, Case No. 30- 2021-01197646 2. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL INITIATION OF LITIGATION pursuant to paragraph (4) of subdivision (d) of Section 54956.9 of the Government Code: (one case — Taco Bravo) 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations: • Santa Ana Police Officers Association (POA) • Santa Ana Police Management Association (PMA) City Council 5 10/4/2022 • Service Employees' International Union (SEIU) Full -Time Employees • Service Employees' International Union (SEIU) Part -Time Non -Civil Service Employees • Confidential Association of Santa Ana (CASA) • Santa Ana Management Association (SAMA) 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Attorney and City Manager 5. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session. 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 6 10/4/2022 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Mayor Sarmiento WORDS OF INSPIRATION Heidi Lucero CEREMONIAL PRESENTATIONS Proclamation presented by Mayor Pro Tern Bacerra declaring October 2022 as Breast Cancer Awareness Month. 2. Certificates of Recognition presented by Councilmember Lopez and Mayor Sarmiento to the Garden Grove Unified School District Board of Education for Outstanding Contributions to Exemplary Academic Achievements. 3. Certificate of Recognition presented by Councilmember Mendoza to Cecilia Aguinaga for Outstanding Contributions to the Community. 4. Certificate of Recognition presented by Councilmember Penaloza to Fabian Flores for Outstanding Contributions to the Community. CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENT — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 throuah 23. 5. Excused Absences Department(s): Clerk of the Council Office Recommended Action: Excuse the absent members. 6. Minutes from the Special City Council Meeting of July 29, 2022 Department(s): Clerk of the Council Office Recommended Action: Approve minutes. City Council 7 10/4/2022 7. Receive and File the Certification of Approval by City Engineer of the Final Parcel Map 2018-188 (666 East Dyer Road) (Applicant: Shea Properties; Owner: Dyer Business Park, LLC) Department(s): Public Works Agency Recommended Action: Receive and file the certification of approval by City Engineer of the final Parcel Map 2018-188. 8. Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost of $881,531 (Project No. 21-2744) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to GB Cooke, Inc., a responsive bidder, in accordance with the base bid in the amount of $721,531, for construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $881,531, which includes $721,531 for the construction contract, $80,000 for contract administration, inspection and testing, and $80,000 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include the Santa Ana Zoo Goat Trail project. 9. Approve the Third Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $1,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22- 6970) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to approve the third amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $1,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $4,700,000. 2. Approve the revised Project Cost Analysis increasing construction administration, inspection, and testing by $50,000 and the project contingencies by $950,000, for a new estimated project delivery cost of $4,700,000. 10. Award a Blanket Order Contract to Aqua -Metric Sales Company for Water Meters and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification No. 22-131) (Non -General Fund) City Council 8 10/4/2022 Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Aqua -Metric Sales Company for water meters and supplies for an annual amount not to exceed $500,000, for a one-year term beginning October 4, 2022 and expiring October 3, 2023, with four one-year renewal options, subject to non -substantive changes approved by the City Manager and the City Attorney. 11. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 & 22-2769) (General and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, including light -structure systems, light controls, removal and disposal of existing equipment, and installation services, for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the amount of $3,042,449, plus a contingency of $384,751, for a total amount not to exceed $3,427,200, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (Requires five affirmative votes) 12. Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for the Police Department (Specification No. 22-127) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility SUVs, of which includes three K-9 build with rear air option, in the amount of $1,029,983, plus a contingency of $20,000, for a total amount not to exceed $1,049,983, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY22-23 replacement vehicle expenditures. (Requires five affirmative votes) 13. Appropriation Adjustment and Agreement Accepting $580,000 from the State Office City Council 9 10/4/2022 of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2022 through September 30, 2023, in an amount not to exceed $580,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account and appropriate same to the Selective Traffic Enforcement Program expenditure account. (Requires five affirmative votes) 14. Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and Susan Saxe -Clifford, Ph.D. for Law Enforcement Psychological Services (General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager to execute an agreement with The Counseling Team International for law enforcement psychological services, in an amount not to exceed $78,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, in an amount not to exceed $30,000 for a three- year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 3. Authorize the City Manager to execute an agreement with Susan Saxe -Clifford, Ph.D. for law enforcement psychological services, in an amount not to exceed $12,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 15. Agreement Amendment with Al Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $64,000 per Year through March 31, 2025, for a total Increase of $192,000 and New Agreement Total of $450,000 (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement amendment with Al Party Rental for event equipment rental services at City events to increase the annual amount by $64,000 per year through March 31, 2025, for a total increase of $192,000 and new agreement total of $450,000, subject to non - City Council 10 10/4/2022 substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 16. Approve an Agreement with IDS Group for Architectural and Engineering Services for Public Health Plaza and Wellness Programming in an Amount Not to Exceed $370,077 for a Three -Year Term (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with IDS Group for architectural and engineering services for Santa Ana's Public Health Plaza and Wellness Programming project in the amount of $336,433, with a contingency of $33,644 for a total amount of $370,077, for a three-year term beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one- year extensions, subject non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $4,000,000 for the Public Health Plaza and Wellness Programming project. 17. Grant an Easement to Southern California Edison to Allow Underground Power to Serve 2202 Magnolia Avenue Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an Easement Deed granting Southern California Edison (SCE) the right to place, own, and maintain power conduits and conductors underground to serve 2202 South Magnolia Avenue, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 18. Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future Water Resources Well Facility (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute a purchase and sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie Marquez for the purchase of real property located at 206 S. Flower Street (APN 008- 213-31), in the amount of $775,000, plus normal closing costs and escrow fees and relocation expenses, for a total amount not to exceed $1,050,000, subject to non - substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022-XXX). 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475). 19. Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline and Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through January 31, 2023 (Non -General Fund) City Council 11 10/4/2022 Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the first amendment to the gasoline and diesel purchase agreement with TACenergy, by an increase of $600,000 and extend agreement services through January 31, 2023, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-XXX). 20. Approve an Agreement with the County of Orange for Exchange of Real Property and Adopt a Resolution Declaring City Property as Exempt Surplus Land Department(s): Public Works Agency Recommended Action: 1. Resolution No. 2022-XXX — Adopt a resolution declaring City -owned property as exempt surplus land pursuant to California Government Code § 54220 et seq. for the purpose of a real property exchange with the County of Orange. 2. Authorize the City Manager to execute an Exchange of Real Property agreement between the City of Santa Ana and the County of Orange, a political subdivision of the State of California, for proposed property exchange of the Civic Center Plaza of the Flags area and the Civic Center Library Parking Structure subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. 2022- XXX). 21. Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 Department(s): Clerk of the Council Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. 22. Ordinance Amendment No. 2022-01 — Commercial Cannabis Amendments Second Reading Legal notice published in the Orange County Reporter on September 23, 2022. Department(s): Finance and Management Services, Planning and Building Agency Recommended Action: 1. Ordinance NS-XXXX — Place on second reading and adopt Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Retail, Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature. City Council 12 10/4/2022 2. Resolution No. 2022-XXX — Adopt a resolution modifying various commercial cannabis retail and non -retail tax rates. 3. Resolution No. 2022-XXX — Adopt a resolution modifying the medicinal cannabis retail tax rate. 4. Resolution No. 2022-XXX — Adopt a resolution establishing a map of commercial cannabis eligible areas in the City, the number of annual temporary consumption events, and the community benefit, sustainable business practices, and social equity plan template. 23. Adopt a Resolution Establishing a Sister City Relationship with Sahuayo, Michocan, Mexico Department(s): City Manager Office Recommended Action: Resolution No. 2022-XXX — Adopt a resolution proclaiming the establishment of an educational, cultural, and business affiliation with the City of Sahuayo of the state of Michoacan of the United Mexican States. **END OF CONSENT CALENDAR** I BUSINESS CALENDAR 24. Appoint Member to the Orange County Mosquito and Vector Control District's Board of Trustees Department(s): Clerk of the Council Office Recommended Action: Select a member to the Orange County Mosquito and Vector Control District's Board of Trustees and appoint for the current term expiring in January 1, 2024. 25. Adoption of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances Department(s): Community Development Agency Recommended Action: Approve first reading of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances. **END OF BUSINESS CALENDAR** COUNCILMEMBER REQUESTED ITEMS 26. Discuss and Provide Direction to the City Manager and City Attorney to Report to the City Council 13 10/4/2022 City Council What is Necessary to Adopt a Policy to Move all Santa Ana Police Officers Association Contract Negotiations into a Public Forum — Councilmember Lopez 27. Discuss and Consider Directing the City Manager to Direct Staff to Refrain from Using any City Resources and/or Messaging Capabilities to Promote, Advertise, or Mention Any Elected Official within 90 Days of an Election — Councilmember Penaloza CITY MANAGER COMMENTS 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. Future Items 1. Police Oversight Commission City Council 14 10/4/2022 DRAF- Minutes of the Special Meeting of the City Council City of Santa Ana, California d9 July 29, 2022 SPECIAL OPEN MEETING - 5:00 pm CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CALL TO ORDER ATTENDANCE Council Members Mayor Pro Tern Mayor City Manager City Attorney Clerk of the Council Johnathan Ryan Hernandez Jessie Lopez Nelida Mendoza David Penaloza Thai Viet Phan Phil Bacerra Vicente Sarmiento Kristine Ridge Sonia R. Carvalho MINUTES: Mayor Sarmiento called the Special Closed Session meeting to order at 5:06 p.m. SPECIAL OPEN MEETING ROLL CALL MINUTES: City staff conducted roll call. All councilmembers were present. City Council B — 1 T(RO/2022 PLEDGE OF ALLEGIANCE Mayor Sarmiento MINUTES: Mayor Pro Tem Bacerra led the pledge of allegiance. PUBLIC COMMENT — Members of the public may address the City Council only on items listed on the Special Meeting Agenda. MINUTES: Jackie Cordova spoke in regard to the use of funds from cannabis and taxes. Also, spoke out in support of police oversight and decriminalizing residents. Cristian Martinez with UFCW Local 324 is supportive of a lower tax proposal to benefit cannabis workers. Derek Smith with UFCW Local 324 supports a lower tax proposal. Kevin Brahmbhatl with OCAA spoke in support of a lower tax for cannabis. Glenda Garcia with OCAA spoke in support of a lower tax for cannabis for retail, manufacturing and distribution. David Greenberg with Marche Co spoke in support of lower tax for cannabis. Nam Tran with The Goodfellas Group spoke in support of lower tax rates for cannabis. James Shih with OCAA and My Green Network spoke in support of lower tax rates for cannabis. Dana Cisneros with Orange County Norml spoke in support of lower tax rates for cannabis for veterans and those who lack access. Jeff DaPra with Butter spoke in support of lower tax rates for cannabis and banning background checks for employees. Robert Tran spoke in support of lower tax rates for cannabis. Brandon Sisco with BTJ Ventures spoke in support of lower tax rates for cannabis and in support of more permits. Chris Glew spoke in support of lower tax rates for cannabis. Elliot Lewis with Catalyst Cannabis spoke in support of lower tax rates for cannabis in distribution, manufacturing and cultivation. Is in support of eliminating Live Scanning. Tatev Oganyan with The Oganyan spoke on lowering the retail tax rate, address the need of City Council 25— 2 T(RO/2022 existing retailers and removing burdensome regulations. City staff reported out correspondence received. Amy Mason with Unrivaled Brands spoke in support of lower tax rates for cannabis. Chispa spoke in support of lower tax rates for cannabis. Also, spoke in support of police oversight. Tim Johnson spoke in regard to tax rates for cannabis and requested more information be available to residents prior to meetings. Kandace Lopez with Orange County Norml spoke in support of lower tax rates for cannabis. Vanessa Monteyano spoke in support of lower tax rates for cannabis and the protection of wildlife. Victor Mendez spoke in support of lower tax rates for cannabis and provided various other comments. Kelly Kraus Lee spoke in support of police oversight and ensuring transparency. Hector Bustos spoke in support of police oversight. Penelope Lopez spoke in support of police oversight. I WORK STUDY SESSION 1. Municipal Code Changes Related to Cannabis Department(s): Planning and Building Agency Recommended Action: Provide direction to staff. MINUTES: Councilmember Penaloza requested the buffer of 1,000 feet stay in place, removing the live scan requirement, and inquired about setting up a legal defense fund for cannabis related crimes. Councilmember Mendoza requested staff to research the effects of decreasing the buffer to 600 feet. Councilmember Phan directed staff to look into implementing language that would make retailers responsible when serving patrons after hours. Requested language in City Council 313 — 3 T(RO/2022 the ordinance allowing council to make future changes by resolution, in order to be more expedited and make changes more accessible. Mayor Pro Tem Bacerra requested staff to consider a discretionary process for the buffer for existing establishments only. Requests that the tax rate changes to be made through resolution, any city-wide event be done through the City of Santa Ana, and rooftops be considered for the consumption aspect. Mayor Sarmiento requested a market analysis on the retail side and what losing revenue would look like for the city. Councilmember Hernandez requested that the City of Santa Ana take lead on a city- wide event. Councilmember Lopez requested to see the impact on the budget depending on the tax rates. 2. Police Oversight Model and Implementation Department(s): City Manager's Office Recommended Action: Provide direction to staff. MINUTES: Principal Management Analyst Daniel Soto provided a brief presentation. Police Chief David Valentin and Sonia Carvalho provided a brief presentation. Kelly Kraus- Lee spoke on effective police oversight review boards. Jackie Cordova regarding an encounter she witnessed with Santa Ana police and racial profiling. Victor Mendez spoke regarding police oversight. Hairo Codes with Chispa spoke regarding an ordinance Chispa and the ACLU sent to council and provided various comments regarding police oversight. Hector Bustos with Chispa spoke regarding the establishment of a police oversight committee. Asked council to use the ordinance provided by Chispa as a foundation for police oversight. Council discussion ensued and direction was provided to staff. Penelope Lopez council to use the ordinance provided by Chispa as a foundation for City Council 466 — 4 T(RO/2022 police oversight and provided various other comments. Mayor Sarmiento called to disband the Ad Hoc Committee. Councilmember Lopez requested that criteria be established for the residents appointed to the commission. Councilmember Hernandez also requested certain criteria be met before appointing members. Councilmember Phan directed staff to review the ordinance submitted by the ACLU and provide feedback. Mayor Sarmiento seconded Councilmember Phan's direction to have staff review the ordinance submitted. Councilmember Mendoza requested oversight committee members meet certain qualification criteria. ADJOURNMENT — Adjourn the Special City Council meeting. MINUTES: Mayor Sarmiento adjourned the Special City Council meeting at 8:50 p.m. City Council S — 5 T(RO/2022 Public Works Agency www.santa-ana.org/pw Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Certification of Final Parcel Map 2018-188 AGENDA TITLE Receive and File the Certification of Approval by City Engineer of the Final Parcel Map 2018-188 (666 East Dyer Road) (Applicant: Shea Properties; Owner: Dyer Business Park, LLC) RECOMMENDED ACTION Receive and file the certification of approval by City Engineer of the final Parcel Map 2018-188. DISCUSSION In California, regulation and control of the division of real property is vested in the legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana, the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal Code (SAMC), which pursuant to Section 34-126, includes the approval of tentative parcel maps by the Zoning Administrator. Following the approval of a tentative map by the approving body, the property subdivider prepares and submits a final map or final maps to the City Engineer for approval. If each final map is in the correct form, prescribed by the Subdivision Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map are met, then the final map shall be approved by the City Engineer. On July 8, 2020, the Zoning Administrator approved Tentative Parcel Map 2019-02 (Orange County Map No. 2018-188) to facilitate redevelopment of a light industrial complex at the property located at 666 East Dyer Road, including the nine buildings at 640, 642, 650, 652, 660, 662 East Dyer Road; 2906 and 2910 South Tech Center Drive; and at 705 East Alton Avenue. The approved tentative parcel map (Exhibit 1) allows subdivision of the project site into 10 parcels, including one lettered lot. The City Engineer is in the process of reviewing the final parcel map (Exhibit 2) for technical accuracy and final approval. This action informs the City Council of the imminent approval of the referenced subdivision based upon the Subdivision Map Act and meeting all the conditions of approval set by the City. Pursuant to Section 34-183 of the Santa Ana City Council 7-1 10/4/2022 Certification of Final Parcel Map 2018-188 October 4, 2022 Page 2 Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of October 4, 2022. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Tentative Parcel Map 2. Final Parcel Map Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 7-2 10/4/2022 E. DYER ROAD PROJECT SITE LULU 0 LU , Q LU J LU LY z J tY U) O =� J_ Q Y E. ALTON AVENUE O C� � � 55Uj C� E. COLUMBINE AVENUE � o 70 z o W. MACARTHUR BOULEVARD VICINITY MAP NTS LEGAL DESCRIPTION: II THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: TRACT 1: PARCEL 1: LOT 25, IN BLOCK B OF SECOMBA ADDITION TO DYER, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 18.30 FEET OF SAID LOT 25 AS GRANTED TO HERBERT M. CARQUEVILLE AND EDITH 0. CARQUEVILLE, HUSBAND AND WIFE, AND HERBERT M. CARQUEVILLE, JR., A SINGLE MAN, ALL AS JOINT TENANTS BY DEED RECORDED JUNE 13, 1963 AS INSTRUMENT NO. 10288 IN BOOK 6586, PAGE 552, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOT 26, IN BLOCK B OF SECOMBA ADDITION TO DYER, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 3: THAT PORTION OF LAND ALLOTTED TO JAMES MCFADDEN IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 26 IN BLOCK B OF SECOMBA ADDITION TO DYER, AS SHOWN ON THE MAP RECORDED IN BOOK 8, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 0° 40' EAST 18.2 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 5 SOUTH, RANGE 9 WEST, S.B. B. & M., THENCE WEST ALONG SAID SOUTH LINE 140 FEET TO A POINT ON THE EAST LINE OF HARBOR ROAD EXTENDED SOUTH; THENCE NORTH 0` 40' WEST 18.3 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 26 IN BLOCK B; THENCE EAST 140 TO THE POINT OF BEGINNING. APN: 411-041-12 TRACT 2: PARCEL A: PARCEL 1 , AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT NO. 97-022 RECORDED DECEMBER 20, 1999 AS INSTRUMENT NO. 19990860482 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: A NON—EXCLUSIVE EASEMENT FOR THE PURPOSE OF USING, MAINTAINING, REPAIRING THE STORM DRAIN FACILITIES, ACCEPTING STORM WATER THROUGH THE STORM DRAIN FACILITIES, TO DRAIN SURFACE STORM WATER RUN—OFF INTO DRAIN PIPES, CONNECT SAID DRAINAGE PIPES AND FACILITIES TO THE STORM DRAIN FACILITIES, USE AND MAINTAIN MONITORING WELLS AND EXTRACTION WELLS AND ASSOCIATED PIPING AND DISCHARGE STORM WASTE AS SAID EASEMENT IS SET FORTH IN THAT SECOND AMENDED AND RESTATED DECLARATION AMENDING AND RESTATING PRIOR GRANT OF STORM DRAIN EASEMENT AND AGREEMENT RECORDED JUNE 05, 2001 AS INSTRUMENT NO. 20010368190 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL C: A NON—EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS, EGRESS AND TRAFFIC CIRCULATION, AS SAID EASEMENT IS SET FORTH IN THAT AMENDED AND RESTATED RECIPROCAL GRANT OF EASEMENTS, CONSTRUCTION AND MAINTENANCE AGREEMENT RECORDED NOVEMBER 24, 1999, AS INSTRUMENT NO. 19990814013 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 411-141-12 ZONING ZONE: M-2 (HEAVY INDUSTRIAL) GENERAL PLAN LAND DESIGNATION: INDUSTRIAL (IND) REQUIRED PROVIDED MAX BUILDING HEIGHT: 35'-0" 35'-0" MIN. LOT SIZE: 12,000 SF 1,106,368 SF MIN. STREET FRONTAGE: 100' >100' SETBACK FROM ARTERIALS: 20 FT./10 FT. COMPLIES SETBACK FROM NON —ARTERIALS: 10 FT./5 FT. COMPLIES ACREAGE OF TOTAL SUBDIVISION: 25.5 ± ACRES OWNER SURVEYOR DYER BUSINESS PARK, LLC 130 VANTIS, STE 200 ALISO VIEJO, CA 92656 ATTN: STEVE PERALES (949) 267-1660 TAIT & ASSOCIATES JESUS GUZMAN, PLS 8648 701 N. PARKCENTER DR SANTA ANA, CA 92705 ATTN: DAVID SLOAN, P.E. (714) 560-8643 PARCEL PAR. AREA PARCEL 1 0.9± ACRES PARCEL 2 0.8± ACRES PARCEL 3 0.8± ACRES PARCEL 4 1.0± ACRES PARCEL 5 0.6± ACRES PARCEL 6 0.7± ACRES PARCEL 7 2.3± ACRES PARCEL 8 4.7± ACRES PARCEL 9 2.4± ACRES LOT A 9.8± ACRES TOTAL 24.0± ACRES *LOT "A" AREA AND THE TOTAL AREA SHOWN HEREON IS NET, I.E.; EXCLUSIVE OF DYER, ALTON, AND TECH CENTER. **THE GROSS AREA CONTAINED IN THIS MAP IS ±25.5 ACRES. ***LOT "A" SHALL BE USED FOR COMMON AREA, DRAINAGE, LANDSCAPING, DRIVE ISLES, PARKING AND OTHER MISC. USES. MAINTENANCE OF LOT "A", TO BE PROVIDED FOR AND DECLARED IN THE SITE CCR'S. TENTATIVE PARCEL MAP NO. 2018-188 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 1 OF A MAP FILED IN LOT LINE ADJUSTMENT N0. 97-22, RECORDED DEC. 20 1999 AS INSTRUMENT N0. 19990860482, O.R. TOGETHER WITH PORTIONS OF LOTS 25 & 26 OF M.M. 8/17, RECORDS OF ORANGE COUNTY. TAIT &ASSOCIATES, INC., FEBRUARY, 2019 D Y E R R O A D 2..5 AU± 2906 TECH CENTER DRIVE r-I r-I r_1 r7 r-1 r-1 r-1 r-1 f m I I' 16C I2 I PAR( +1 Ln X.X A 0 I I 3.0(TYP)—: 14 ; I 16 0 + ,,, TYPICAL BUILDING TO PARCEL LAYOUT N.T.S. STREETS: DYER ROAD SHALL BE DEDICATED TO A 50 FT. HALF WIDTH. ALTON AVENUE SHALL BE DEDICATED TO A 40 FT. HALF WIDTH. TECH CENTER DRIVE SHALL CONTINUE TO BE MAINTAINED AS A PRIVATE ROAD. EXISTING ENTITLEMENTS: GRADING PERMIT: P0106466 PLANNING APPLICATION NO.: DP #2017-04RR VOLUNTARY LOT MERGER: LLA 18-05 ninTF-:- THE PROPERTY SHOWN HEREON IS SUBJECT TO AND SHALL COMPLY WITH ALL CONDITIONS OF APPROVAL ACCORDING TO DP #2017-04RR. IMPROVEMENT PLANS ALL GRADING & UTILITY PLANS FOR THIS PROJECT MAY BE FOUND BY REFERENCE TO DP# 2017-04RR AND GRADING PERMIT P0106466. PROTECTIVE COVENANTS: 1.) COVENANTS, CONDITIONS AND RESTRICTIONS SHALL BE PREPARED TO ADDRESS THE SITE ACCESS, COMMON PARKING, MAINTENANCE, CROSS LOT DRAINAGE, COMMON UTILITIES, CROSS LOT UTILITY LATERALS, SIGNAGE AND WATER QUALITY MAINTENANCE. N 11 GRAPHIC SCALE 0 30' 60' 120' 180' 240' 1 inch = 60 ft. LU Q 0 m z z 0 O V) a Ld of U U) LU 0 O z Y 2 U LU H Q 0 Go C0 z IN a w U LU 0 U a 0 c O a)0) N a n U C as N N 0)o C '- o o 0 Lu D z Lu Q z O 00 F- Q 00 Y� Cb Qo O a-> J O Cl)0 J Z U)w Y 10 L� WF- Z LUQ N N Urns C G C%�UUCn 00 J ��zw F-D mNaz U >' �QQZ) Q Uj �2 f LU Ow LU Q 0 > ` F— 1� L��p LLJ 0 �p F— _ Z U W L Q0 0 f (V C0 co rn v N O O I \ \ I O (n 00 �\CD 0� I can Z O 0 0 I Y o a � w � > � m Of Q= Q LU Q O 0 0 0 0 Of 0 --- O ip Lil L J n � �o � I C I 2) I / I N U D LLJ T (n jLJ cD �a n a / o-0 C � Z p 0 C 0 0 n � I a Y S_ >_ b m L L C I`7 0 � �o % N LLJ L N b � o V F- r � O J   City Council  ? – 3 10/4/2022   SH EET 1 OF 15 SHEETS ACCEPTED AND FILED AT THE NUMBERED PARCELS=9 R/x� PARCEL MAP NO. 2018-1 REOUE VV TITLECOMPANY GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE (ALL OF TENTATIVE PARCEL BEING A SUBDIVISION OF PARCEL 1 OF LOT MERGER NO. 2018-05, RECORDED TIME FEE$ MAP NO. 2018-188) JUNE 15, 2020 AS INSTRUMENT NO. 2020000273966, OFFICAL RECORDS OF ORANGE COUNTY INSTRUMENT NO. TAIT & ASSOCIATES, INC., AUGUST 2019 BOOK PAGE MICHAEL FURLONG L.S. 8899 HUGH NGUYEN COUNTY CLERK -RECORDER BY DEPUTY OWNERSHIP CERTIFICATE WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE. WE HEREBY IRREVOCABLY OFFER TO DEDICATE AN EASEMENT TO THE PUBLIC FOR PUBLIC STREET PURPOSES AS SHOWN ON SAID MAP: DYER ROAD AND HALLADAY STREET. WE ALSO HEREBY RELEASE AND RELINQUISH ALL VEHICULAR ACCESS RIGHTS TO DYER ROAD AND ALTON AVENUE, EXCEPT AT APPROVED ACCESS LOCATIONS PER THE APPROVED IMPROVEMENT PLANS FOR THIS PARCEL MAP AND SUBSEQUENT PROJECTS. WE HEREBY DEDICATE TO THE CITY OF SANTA ANA: 1. A NON-EXCLUSIVE EASEMENT FOR VEHICULAR ACCESS RIGHTS IN, OVER, ACROSS, UPON AND THROUGH TECH CENTER DRIVE, PORTION OF PARCEL "A", OF THIS PARCEL MAP FOR THE PURPOSE OF MAINTAINING, SERVICING, REPAIRING, REPLACING THE WATER SYSTEM, APPURTENANCES, AND PUBLIC WATER METER, AND READING THE PUBLIC WATER METERS WITHIN SAID PARCEL "A", AS SHOWN ON SAID MAP. 2. AN EXCLUSIVE SUBSURFACE, NON-EXCLUSIVE SURFACE PUBLIC SERVICE EASEMENT FOR WATER SYSTEM, APPURTENANCES AND WATER METER PURPOSES AT TECH CENTER DRIVE, PORTION OF PARCEL "A". DYER BUSINESS PARK, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER. BY: BY: NAME: NAME: TITLE: TITLE: BENEFICIARY THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, A WISCONSIN CORPORATION, BENEFICIARY UNDER A DEED OF TRUST, RECORDED JUNE 18, 2021 AS INSTRUMENT NO. 2021000402530 OF OFFICIAL RECORDS. NAME: NAME: TITLE: TITLE: NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF ) )SS COUNTY OF ) ON BEFORE ME , A NOTARY PUBLIC, 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 SIGNATURE NAME OF NOTARY COUNTY IN WHICH COMMISSIONED DATE COMMISSION EXPIRES COMMISSION NUMBER NOTARY ACKNOWLEDGMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF ) )Ss COUNTYOF ) SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SHEA PROPERTIES IN AUGUST 2019. I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90 DAYS OF COMPLETION OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. LA o�yr'4�Pf L F RD yea MICHAEL FURLONG, P.L.S. 8899 DATE Nu 8899 #fir p# '� OF CALIF COUNTY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATEDTHIS DAY OF KEVIN R. HILLS, COUNTY SURVEYOR L.S. 6617 BY LILY M. N. SANDBERG, DEPUTY COUNTY SURVEYOR P.L.S. 8402 CITY ENGINEER'S STATEMENT 2022. �NNL LAND 4i"Z 1~ N S1y'@S�GL N. 8402 CALIFO„ p I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH. DATEDTHIS DAY OF .2022 JASON GABRIEL, R.C.E. 62968 INTERIM DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER CITY OF SANTA ANA CITY CLERK'S CERTIFICATE STATE OF CALIFORNIA) )Ss COUNTY OF ORANGE ) I HEREBY CERTIFY THAT ON DAY OF , 2022, THE CITY ENGINEER ON BEHALF OF THE CITY COUNCIL PURSUANT TO SECTION 34-183 OF THE SANTA ANA MUNICIPAL CODE APPROVED SAID MAP. AND DID ACCEPT ON BEHALF OF THE CITY OF SANTA ANA THE VEHICULAR ACCESS RIGHTS TO DYER ROAD AND ALTON AVENUE AS RELEASED AND RELINQUISHED. AND DID ALSO ACCEPT ON BEHALF OF THE CITY OF SANTA ANA: 1. THE NON-EXCLUSIVE EASEMENT FOR ACCESS RIGHTS IN, OVER, ACROSS, UPON AND THROUGH TECH CENTER DRIVE, PORTION OF PARCEL "A" AS DEDICATED. 2. THE EXCLUSIVE SUBSURFACE, NON-EXCLUSIVE SURFACE PUBLIC SERVICE EASEMENT AS DEDICATED AT TECH CENTER DRIVE, PORTION OF PARCEL "A". AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(A)(3)(A) OF THE SUBDIVISION MAP ACT. AND DID NOT ACCEPT ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC STREET PURPOSES TO SAID DYER ROAD AND HALLADAY STREET, SAID OFFER SHALL ONLY BE ACCEPTED WHEN SAID DYER ROAD AND HALLADAV STREET MEET PUBLIC STREET STANDARDS OR IS OTHERWISE ACCEPTABLE TO THE CITY OF SANTA ANA. AND ALSO ON BEHALF OF THE CITY COUNCIL, THE CITY ENGINEER HEREBY ABANDONS, PURSUANT TO SECTIONS 664450) AND 66499.20.2 OF THE SUBDIVISION MAP ACT THE EASEMENT FOR PUBLIC STREET PURPOSES GRANTED TO THE CITY OF SANTA ANA BY DOCUMENTS RECORDED AS INSTRUMENT NUMBERS 2020000476679 AND 2020000476681 OF OFFICIAL RECORDS. BY DAISY GOMEZ, MMC CITY CLERK OF THE CITY OF SANTAANA ON BEFORE ME . A NOTARY PUBLIC. COUNTY TREASURER -TAX COLLECTOR'S CERTIFICATE PERSONALLY APPEARED STATE OF CALIFORNIA) WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) )Ss WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO COUNTY OF ORANGE ) 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 I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS I CERTIFY UNDER PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA, TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. PAYABLE. WITNESS MY HAND: AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE SIGNATURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. NAME OF NOTARY DATED THIS DAY OF , 2022. COUNTY IN WHICH C('1MMISSIONFn il DATE COMMISSION Fait` G %SHARI/Ay 10/4/2022 �l� —Coon I L. FREIDENRICH BY: COMMISSION NUMBER COUNTY TREASURER -TAX COLLECTOR TREASURER -TAX COLLECTOR SHEET 2 OF 15 SHEETS NUMBERED PARCELS=9 PARCEL MAP NO. 2018-188 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL TAIT & ASSOCIATES, INC., AUGUST 2019 MAP NO. 2018-188) MICHAEL FURLONG SIGNATURE OMISSIONS PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING HAVE BEEN OMITTED: AT&T, SUCCESSOR IN INTEREST TO SOUTHERN CALIFORNIA TELEPHONE COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED AUGUST 22, 1941 IN BOOK 1106, PAGE 305 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF WATER SUPPLY MAIN AND/OR SANITARY SEWER MAIN AND INCIDENTAL PURPOSES, RECORDED AUGUST 18, 1955 IN BOOK 3179, PAGE 267 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 12, 1969 IN BOOK 9076, PAGE 818 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR STREET AND INCIDENTAL PURPOSES, RECORDED APRIL 15, 1971 IN BOOK 9606, PAGE 46 OF OFFICIAL RECORDS. HITCO, A CALIFORNIA CORPORATION, SUCCESSOR IN INTEREST BY MERGER TO U.S. POLYMERIC, INC., A CALIFORNIA CORPORATION, THE LATTER FORMERLY KNOWN AS PLASTIMERICS CORPORATION, A CALIFORNIA CORPORATION, HOLDER OF AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED AUGUST 14, 1985 AS INSTRUMENT NO. 85302607 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR TRAFFIC SIGNAL INSTALLATION, PULL BOXES, CONDUITS, AND DETECTOR LOOPS APPURTENANT THERETO, THE RIGHT OF INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED AUGUST 28, 1985 AS INSTRUMENT NO. 85-324106 OF OFFICIAL RECORDS. SANDERSON J.RAY-BP, HOLDER OF AN EASEMENT FOR ROAD, SIDEWALK, LANDSCAPE, VEHICULAR AND PEDESTRIAN ACCESS, UNDERGROUND UTILITY PIPES, FACILITIES AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 24, 1999 AS INSTRUMENT NO. 19990814013 OF OFFICIAL RECORDS. TIME WARNER CABLE LLC THROUGH ITS LOS ANGELES DIVISION, HOLDER OF AN EASEMENT TO CONSTRUCT, PLACE, OPERATE, INSPECT, MAINTAIN, REPAIR, REPLACE AND REMOVE TELECOMMUNICATION FACILITIES AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 7, 2012 AS INSTRUMENT NO. 2012000520441 OF OFFICIAL RECORDS. ITT L-C, HOLDER OF AN EASEMENT FOR ACCESS, INGRESS AND EGRESS AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 27, 2018 AS INSTRUMENT NO. 2018000275742 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 20, 2018 AS INSTRUMENT NO. 2018000435594 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT FOR PIPELINES, CONDUITS AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 20,2019 AS INSTRUMENT NO. 2019000361638 OF OFFICIAL RECORDS. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES, RECORDED NOVEMBER 6, 2019 AS INSTRUMENT NO. 2019000440350 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476679 OF OFFICIAL RECORDS. ABANDONED HEREON. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476680 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476681 OF OFFICIAL RECORDS. ABANDONED HEREON. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476682 OF OFFICIAL RECORDS. THE CITY OF SANTA ANA, HOLDER OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES, RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476683 OF OFFICIAL RECORDS. L.S. 8899 IMPROVEMENT CERTIFICATE NOTES: 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. 5. SEE SHEETS 7-15 FOR EASEMENT DETAILS. PURSUANT TO THE PROVISIONS OF SECTION 66411.1 OF THE SUBDIVISION MAP ACT, NOTICE IS HEREBY GIVEN THAT PUBLIC IMPROVEMENTS ARE REQUIRED TO BE CONSTRUCTED OR SECURITY POSTED AS A GUARANTEE FOR SAID IMPROVEMENTS IN ACCORDANCE WITH THE FOLLOWING: 1. COMPLY WITH THE CONDITIONS AND REQUIREMENTS OF TENTATIVE PARCEL MAP NO. 2018-188 APPROVED BY THE ZONING ADMINISTRATOR ON JULY 8, 2020. 2. COMPLY WITH THE REQUIREMENTS OF THE DEVELOPMENT PROCESSING MEMORANDUM NO. 2017-004RR FROM THE PUBLIC WORKS AGENCY TO THE PLANNING AND BUILDING AGENCY DATED FEBRUARY 25, 2020. ABANDONMENT NOTE PURSUANT TO SECTIONS 664450) AND 66499.20.2 OF THE SUBDIVISION MAP ACT, THE FILING OF THIS MAP SHALL CONSTITUTE ABANDONMENT OF THE EASEMENTS FOR PUBLIC STREET PURPOSES GRANTED TO THE CITY OF SANTA ANA DOCUMENTS RECORDED AS INSTRUMENT NUMBERS 2020000476679 AND 2020000476681 OF OFFICIAL RECORDS, AS SHOWN AS ITEMS 13 AND 15 UNDER EASEMENT NOTES ON SHEET 5 OF THIS MAP. City Council 7-5 10/4/2022 SHEET 3 OF 15 SHEETS NUMBERED PARCELS=9 PARCEL MAP NO. 2018-188 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL TAIT & ASSOCIATES, INC., AUGUST 2019 MAP NO. 2018-188) MICHAEL FURLONG L.S. 8899 MONUMENT & ESTABLISHMENT NOTES 'lO FD. SPIKE WITH C.S.A. WASHER PER (R22). ACCEPTED AS CENTERLINE INTERSECTION DYER RD. & HALLADAY ST. SOUTH. FLUSH. OFD. SPIKE WITH C.S.A. WASHER PER (R22). ACCEPTED AS CENTERLINE INTERSECTION DYER RD. & HALLADAY ST. NORTH. FLUSH. OFD. PUNCHED SPIKE & WASHER TAGGED "SANTA ANA SURVEY" PER (R8). ACCEPTED AS CENTERLINE INTERSECTION DYER RD. & TECH CENTER DR., FLUSH. OFD. GEAR SPIKE & WASHER STAMPED "LS 5557" PER (R70) & (R11). ACCEPTED AS SOUTHWESTERLY CORNER PARCEL 2, P.M. 97-156, P.M.B. 313144-46. FLUSH. OFD. GEAR SPIKE & WASHER STAMPED "LS 5557" PER (R70) & (R11). ACCEPTED AS SOUTHWESTERLY CORNER PARCEL 3, P.M. 97-156, P.M.B. 313/44-46. FLUSH. OFD. GEAR SPIKE & WASHER STAMPED "LS 5557" PER (R9). FLUSH. O7 FD. PUNCHED SPIKE & WASHER STAMPED "LS 7038" PER (R1) & (R7). ACCEPTED AS SOUTHERLY TERMINUS CENTERLINE TECH CENTER DR., FLUSH. OB FD. 1" IRON PIPE, ACCEPTED AS 1" IRON PIPE TAGGED "LS. 2528" PER (R). ALSO ACCEPTED AS THE INTERSECTION OF THE NORTH LINE OF LOT 2 SECCOMBE TRACT PER (R4) AND THE W'LY LINE OF THE O.C.F.C.D. AS SHOWN ON O.R. 8935/49M12, PER (R) & (R21). DOWN 1.0' OFD. PUNCHED SPIKE & WASHER STAMPED "SANTA ANA SURVEYOR" PER (R) & (R6). ACCEPTED AS CENTERLINE INTERSECTION ALTON AVE. & STANDARD AVE. PER (R) & (RB). DOWN 0.25'. 10 FD. GEAR SPIKE & WASHER (WASHER ILLEGIBLE) PER (R) & IRS), DISTANT 0.08' S. & 0.06' W. FROM CENTERLINE INTERSECTION ALTON AVE. & STANDARD AVE. PER (R6). POSITION EXAGGERATED FOR CLARITY. DOWN 0.2'. 11 FD. GEAR SPIKE & WASHER STAMPED "RCE 3144_" LAST NUMBER IN STAMPING ILLEGIBLE PER (R) & (R5), DISTANT 0.06' S. & 0.04' W FROM CENTERLINE INTERSECTION HALLADAY ST. SOUTH & ALTON AVE. PER (R5). POSITION EXAGGERATED FOR CLARITY. DOWN 0.1'. 12 FD. PUNCHED SPIKE 8 WASHER STAMPED "SANTA ANA SURVEYOR" PER (R) & (R5). ACCEPTED AS CENTERLINE INTERSECTION HALLADAY ST. SOUTH & ALTON AVE. PER (R) & (R5). FLUSH. NOTES: 1. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 2. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 3. SEE SHEET 6 FOR LINE & CURVE TABLE. 4. SEE SHEETS 7-15 FOR EASEMENT DETAILS. NOTES 1. COVENANTS, CONDITIONS, AND RESTRICTIONS ARE TO BE RECORDED CONCURRENTLY WITH THIS MAP TO ADDRESS INGRESS -EGRESS, DRAINAGE, PRIVATE UTILITY, EMERGENCY VEHICULAR ACCESS AND MAINTENANCE FOR THESE AND OTHER INCIDENTAL PURPOSES INCLUDING LANDSCAPE MAINTENANCE OF THE PARCELS AND MAINTENANCE OF THE PRIVATE DRIVEWAY (PARCEL A) BY THE HOMEOWNERS ASSOCIATION. 2. PARCEL "A" SHOWN ON THIS MAP IS NOT A SEPARATE BUILDING SITE AND IS FOR PRIVATE DRIVEWAY PURPOSES. 3. PARCEL "A" SHALL BE OWNED, OPERATED AND MAINTAINED BY THE DEVELOPER, ITS SUCCESSORS OR ASSIGNS. THE CITY OF SANTA ANA SHALL HAVE NO MAINTENANCE RESPONSIBILITY. 4. PARCEL'W IS SHOWN TO INCLUDE PORTIONS OF DYER ROAD AND ALTON AVENUE, BUT DYER ROAD AND ALTON AVENUE ARE BOTH PUBLIC STREETS, AND THE INCLUSION HEREOF IS TO SOLEV SHOW THE LIMITS OF UNDERLYING OWNERSHIP. 5. THE GROSS SQUARE FOOTAGE OF PARCEL "A" IS 11.235 ACRES WHICH INCLUDES THE PORTIONS OF THE PUBLIC STREETS PER ITEM 4 ABOVE, AND THE NET SQUARE FOOTAGE IS 9.267 ACRES WHICH EXCLUDES THE PUBLIC STREETS. 6. PURSUANT TO SECTION 66426(c) OF THE SUBDIVISION MAP ACT, THIS MAP IS EXCLUDED FROM BEING DEFINED AS A TRACT MAP IN THAT THE LAND IS ZONED COMMERCIAL OR INDUSTRIAL. 7. THERE ARE NO CONFLICTS WITH EXISTING VISIBLE IMPROVEMENTS AND THE EXISTING BOUNDARY LINE (DISTINCTIVE BORDER) OF THIS MAPAS ESTABLISHED HEREON. BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS NO. 6096 AND STATION GPS NO. 6092 BEING NORTH 51°38'24" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. DATUM STATEMENT COORDINATES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM (CCS83), ZONE VI 1983 NAD (2017 50 EPOCH O C S GPS ADJUSTMENT) ALL DISTANCES SHOWN ARE GROUND 13 FD. 2" IRON PIPE, NO REFERENCE. ACCEPTED AS LOCATION OF FD. 1" IRON PIPE TAGGED "LS 3120" DISTANCES, UNLESS OTHERWISE NOTED. TO OBTAIN GRID DISTANCES MULTIPLY GROUND PER (R) AND FD. 1 1/2" IRON PIPE TAGGED "LS 3120" PER (R2). HELD FOR LINE EAST -WEST TO DISTANCE BY0.99997502(PROJECT SPECIFIC VALUE). RE-ESTABLISH THE WILY LINE OF PARCEL NO. 1 P.M.B. 16/9. SAID FD. 2" IRON PIPE 0.10' N'LY OF THE RE-ESTABLISHED S'LY RIGHT-OF-WAY LINE OF DYER ROAD (50' WIDE). DOWN 1'. REFERENCE NOTES R13 R.S.B. 65/40 14 SEARCHED, NOTHING FOUND. ESTABLISHED BY HOLDING RECORD DISTANCE OF 530.10'FROM STY R14 C.R. 2004-0758 R/W LINE DYER RD. PER (R), (R16) & (R17). R R.S. 94-1078, R.S.B. 147/23 R15 C.R. 2004-1141 R16 LLA 97-022 REC. 12/20/99 AS 15 SEARCHED, NOTHING FOUND. ESTABLISHED BY HOLDING RECORD DISTANCE OF 717.89' FROM N'LY R1 P.M. 2000-214, P.M.B. 323/8-11 R2 P.M.B. 16/9 INST. NO. 19990860482, O.R. R/W LINE ALTON AVE. PER (R16). R3 M.M. 8/17 R17 LOT MERGER NO. 2018-05 i6 SEARCHED, NOTHING FOUND. ESTABLISHED BY PRORATION. R4 M.M. 8/89 REC. 06/15/20 AS INST. NO. R5 C.R. 2019-2862 2020000273966, O.R. 17 SEARCHED, NOTHING FOUND. ESTABLISHED BY PRORATION. RB C.R. 2019-2861 R18 C.R. 2000-648 R7 C.R. 2019-2860 RIB R.S. 95-1067, R.S.B. 155/49 R20 HORIZONTAL 18 SEARCHED, NOTHING FOUND. ESTABLISHED PARALLEL WITH AND 18.30' SOUTHERLY FROM THE N'LY RS C.R. 2019-2859 O.C.S. R9 C.R. 2019-2858 CONTROL DATA SHEETS LINE LOT 25 MAP OF SECCOMBE ADDITION TO DYER M.M. 8/17 PER (R17). R70 C.R. 2019-2857 R21 P.M. 81-879, P.M.B. 168/12 R22 C.R. 2003-2194 19 SEARCHED, NOTHING FOUND. ESTABLISHED PARALLEL WITH AND 18.30' SOUTHERLY FROM THE N'LY R11 P.M. 97-156, P.M.B. 313/44-46 R12 C.S.A.T.B. 31161 R23 R.S. R.S.B. -29 LINE LOT 25 MAP OF SECCOMBE ADDITION TO DYER M.M. 8117 PER (R17). 84-882190, /22-31 R24 P.M. 84-882, P.M.B. 206/22-31 20 SEARCHED, NOTHING FOUND. ESTABLISHED BY PRORATION. LEGEND 21 SEARCHED, NOTHING FOUND. ESTABLISHED BY PRORATION. B.C. BEGINNING OF CURVE RAD. RADIAL BEARING(p S&W SPIKE & WASHER 22 FD. 3/4" IRON PIPE PER (R), NO TAG. ACCEPTED AS B.C. AND E.C. PER (R). CENTERLINE C.R. CORNER RECORD WILY NORTHERLY E'LY EASTERLY 23 SEARCHED, NOTHING FOUND. ESTABLISHED BY INTERSECTION. C.S.A. CITY OF SANTA ANA FD. FOUND S'LY SOUTHERLY W'LY WESTERLY 24 SEARCHED, NOTHING FOUND. B.C. ALTON AVE. ESTABLISHED BY HOLDING RECORD DISTANCE OF E.C. END OF CURVE L&T LEAD AND TACK C.S.A.T.B. CITY OF SANTA ANA TIE BOOK 378.76' FROM C/L INTERSECTION ALTON AVE. & STANDARD AVE. PER (R1). I.P. IRON PIPE 25 SEARCHED, NOTHING FOUND. SW'LY COR. P.M. 2000-214 P.M.B. 32318-11 ESTABLISHED BY HOLDING M.M. MISCELLANEOUS MAPS O.R. OFFICIAL RECORDS RECORD DISTANCE OF 392.54' FROM C/L INTERSECTION ALTON AVE. & STANDARD AVE. PER (RI). O.C.S. ORANGE COUNTY SURVEYOR P.M.B. PARCEL MAP BOOK OCS GPS #6092 B 26 SEARCHED, NOTHING FOUND. ESTABLISHED BY INTERSECTION, RADIAL LINE RUNNING THROUGH MONUMENT NOTE #25 AND RADIAL TO THE C/L OF ALTON AVE., AND LINE RUNNING THROUGH O.C.F.C.D. ORANGE COUNTY FLOOD w MONUMENT NOTE #27 HELD BY RECORD DISTANCE. CONTROL DISTRICT •I'- I kq. 27 SEARCHED, NOTHING FOUND. ESTABLISHED BY HOLDING RECORD DISTANCE OF 463.82' FROM R/W LINE ALTON AVE. PER(Ri). Qggw i p OA OCS GPS #6096, FOUND PUNCHED 2 1/2" BRASS DISK IN CONCRETE STAMPED "C.S.A. SURVEY 1988", // IN WELL MONUMENT. ACCEPTED AS CENTERLINE INTERSECTION OF MACARTHUR BLVD. AND MAIN i N DYER ROAD ST. PER (R15), (R20) & (1123). DOWN 0.6' - - - N=2202158.37 E=6069530.46 OOCS GPS #6092, FOUND PUNCHED ROUND HEAD SPIKE AND WASHER, STAMPED "LS 3246" PER (R20) 8 - -� N (R24). FLUSH. - J ❑ ❑ 3 N=2205472.33 I - J / E=6073717.83 - INDICATES OCS GPS CONTROL STATION MONUMENT PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. INDICATES FOUND MONUMENTAS NOTED. O INDICATOR LEAD B "PLS 8899" OALLL DCORNERS _ A F - K WE H BRASS TAG STAMPEDE PLS 8899" ATD PARCELVMAP BOUNDARYASHER TAC/ P "PLS �et�,P�` TAGGED 8899" AT ALL INTERIOR PARCEL CORNERS IN SOIL, DOWN 0.2 FEET OR SPIKE & WASHER STAMPED "PLS 8899" FLUSH IN ASPHALT OR LEAD & TACK WITH BRASS TAG STAMPED "PLS ¢ - 8899" FLUSH IN CONCRETE. g - `P- 7 1\ k /8 - / 9 ALTON AVENUE OCS GPS #6096 A _ MACARTHUR BOULEVARD BOULEVARD c}YD City Council 7-6 GPS TIES 10/4/2022 N.T.S SHEET 4 OF 15 SHEETS NOTES: NUMBERED PARCELS=9 R PARCEL MAP NO. 2018-188 LETTERED PARCEL=1 1. SEE SHEET 3 FOR MONUMENT ESTABLISHMENT GROSS AREA: 25.402 AC NOTES, BASIS OF BEARINGS, DATUM STATEMENT, NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. DATE OF SURVEY: 08/05/2019 2. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. (ALL OF TENTATIVE PARCEL TAIT & ASSOCIATES, INC., AUGUST 2019 3. SEE SHEET 6 FOR LINE&CURVE TABLE. MAP NO. 2018-188) 4. SEE SHEETS 7-15 FOR EASEMENT DETAILS. MICHAEL FURLONG L.S. 8899 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR HALLADAY STREET (N) PUBLIC STREET EASEMENT DEDICATED HEREON. EASEMENT g15 ABANDONED HEREON. SEE DETAIL B (SEE SHEETS 11 & 12 FOR DETAILS) SHT. 5 BOUNDARY ESTABLISHMENT SHEET S'LY R/W UNE DYER RD. PER Y E R BK. 9606/46, O.R. & (Ri6) N8815'34"W 1151.60' -- ROAD - 1046.35' (1046.33' R, R7) - 3 I j 103.04"" N 261.99• 784.36' (784.33' R) (196.00' R2) - - F (102.97' R) --�-. (262.00' R) (262.02' R13) t103.01' RIB) -1 / N88'15'34W - N8815'34°W 587.95' (587.92' R16, R17) M �' 1 \ 2 EST PARALLEL WITH AND 196.02 (M&R16, R17) L25 _ - - / PARCEL A-N8815'34"W 5869 (587.65' R16)- 1 _ DISTANT 165.00' FROM THE !'�'' _ N8815'34"W 194.25' 25' CA OF HALLADAY ST. SOUTH i \ j '� N8815'34`W 162.25' \ ., PER (R2) - - - EST. PARALLEL WITH AND - Q - jy DISTANT 365.00' FROM THE CA OF HALLADAY ST. SOUTH PARCEL 1 PARCEL 2 PER (R2) LU 40,113 S.F. 33,302 S.F. 5 le 0.921 AC 0.765 AC _ - �PCJR Y1 cJN z z Q z z o R.S. E5/110 w � s L9 7 N8815'34°W 194.25'\ '� N88'15'34"W 162.25' I 2'21 v W 1\ 01 I \ q i N88'15'3eWCO N88'15'34"W 149.93' -1 1. N881 '34"W 162.00'Lq _1 S a4 fl $ a S _ PARCEL4 PARCEL5 $ PARCEL6 �� 4 W 44,014 S.F. �, 70 27,121 S.F. ;o 1.010 AC 28,634 S.F. _ - _ 15 14 0.623 AC 0.657 AC m ^I (n ti -I J (200.08' R. RIB, R17) z W (200.00' R2) ! /, 1 = F aD v z - - / N8817'11°W 200.01' N8815'34`W 236.00' �. L36 L37 \ _ \ O IW w q -12 i \\ j N86'15'34W 149.93' _ N88'15'34"W 162.00' o s / PARCEL A 6� - ^I W 10.216 AC I W(n W �,. Q y� - N8815'3eW 332.40' ! NOT A SEPARATE BUILDING SITE \Z W aA. _ U UI _ - / \ w L40 -I N881534"W 445.00' -j W Q s d; o ¢' o o> JjyoOo N Q �_ N8815'34"W 15.50' x 6 �, 9 V d } G J5 \ A 9 f _ o ° PARCEL 8 2 ° b ° N8815'34"W 16.00' o q 1° zosszs sF. y ° °' ° ° ° 2 PARCEL 7 2.21- G _ - .\ y O rL 96,928 S.F. Q 4.721 AC w P ° 'L 2.271 AC -i a J 2� 17 4NI-18'11'34"W 63.11' W N8815'34"W 429.00' N8815'34"W 364.35' /� \ ! SEE DETAIL C I\ 5 29 SHT. 5 -121 20 _ \ N8815'34"W 59.69' �^ \--�--/ / �1. \ 27 Q s PARCEL 9LU 104,493 S.F. � 6• \ �O S 2.399 AC ry zL (� \ \ \ \ 0' p��< 10 23 D- z N88'15'34`W /"O�•"t-�?h�\ \Y� `6ry� \ \ SEE DETAIL "A" SHEET 5 - 92.49' ;V \ �� 7 &SHEET 15 25' N88'24'20"W 774.44' (774.46' R) / / L1 - N88'15'34"W 316.00' 1 z T PARCEL A EST. BY INTERSECTION, RADIAL LINE L44 _ _ RUNNING THROUGH MONUMENT NOTE N'LY R/W LINE ALTON AVE. PER BK. 9606/46. O.R. & (RIB) N88'15'34°W 236.09' d=15' #25 AND HOLDING RECORD DISTANCE 1240, OF 483.82' PER Rl, R16 & R17 AND O� 2c, I / 659.1T (659.20' R76) C2 ` ! R: 0400' RUNNING THROUGH MONUMENT J !-- \ -- -- L=326.31, NOTE #27. 812.54' (812.57' R17) - - �: L11 (RADJ - Et. 392.54' (M&R1) $ L24 _ 445.00' (445.03' R) 378.76' (M&Rl) - - 40�- %v- ALTON AVENU 9 N8B24'20'W 823.76' R-1200 DO,10 N882420"W 1185.68' 4 L=32,9 6' S T A N N U E (M&Rt) 8 A V E N U E SURVEYOR'S BOUNDARY NOTE THERE ARE NO C MAND THE AP AS EVIERIS(r �rr LOINS (D ISTICTIVE BORDER) OF THIS 7-/ N GRAPHIC SCALE 0 40' 80, 160' 240' 320' 1 inch = 80 R. ' 10/4/2022 SHEET 5 OF 15 SHEETS NUMBERED PARCELS=9 PARCEL MAP NO. 2018-188 NOTES: LETTERED PARCEL=1 GROSS AREA: 25.402 AC 1. SEE SHEET 3 FOR MONUMENT &ESTABLISHMENT NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA NOTES, BASIS OF BEARINGS, DATUM STATEMENT, DATE OF SURVEY: 08/05/2019 REFERENCE NOTES, GPS TIES AND LEGEND. (ALL OF TENTATIVE PARCEL TAIT & ASSOCIATES, INC., AUGUST 2019 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. MAP NO. 2018-188) 3. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 4. SEE SHEETS 7-15 FOR EASEMENT DETAILS. EASEMENT NOTES & DETAILS EASEMENT NOTES: OAN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES GRANTED TO SOUTHERN CALIFORNIA TELEPHONE COMPANY RECORDED AUGUST 22, 1941 IN BOOK 1106, PAGE 305 OF OFFICIAL RECORDS. OAN EASEMENT FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF A WATER SUPPLY MAIN AND/OR A SANITARY SEWER MAIN AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED AUGUST 18, 1955 IN BOOK 3179, PAGE 267 OF OFFICIAL RECORDS. OAN EASEMENT FOR STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 12, 1969 IN BOOK 9076, PAGE 818 25' OF OFFICIAL RECORDS. OAN EASEMENT FOR STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED APRIL 15, 1971 IN BOOK 9606, PAGE 46 OF 1 OFFICIAL RECORDS. TI OAN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES ! GRANTED TO HITCO, A CALIFORNIA CORPORATION, SUCCESSOR IN INTEREST BY MERGER TO U.S. POLYMERIC, INC., A CALIFORNIA CORPORATION, THE LATTER FORMERLY KNOWN AS PLASTIMERICS CORPORATION, A CALIFORNIA g 18 CORPORATION RECORDED AUGUST 14, 1985 AS INSTRUMENT NO. 85-302607 OF OFFICIAL RECORDS. IW % CDAN EASEMENT FOR TRAFFIC SIGNAL INSTALLATION, PULL BOXES, CONDUITS, .� � e AND DETECTOR LOOPS APPURTENANT THERETO, THE RIGHT OF INGRESS cn AND EGRESS AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA } a ANA RECORDED AUGUST 28, 1985 AS INSTRUMENT NO. 85324106 OF OFFICIAL RECORDS. Q J o OAN EASEMENT FOR ROAD, SIDEWALK, LANDSCAPE, VEHICULAR AND PEDESTRIAN ACCESS, UNDERGROUND UTILITY PIPES, FACILITIES AND /I INCIDENTAL PURPOSES GRANTED TO SANDERSON J.RAY-BP RECORDED NOVEMBER 24, 1999 AS INSTRUMENT NO. 19990814013 OF OFFICIAL RECORDS. 8 AN EASEMENT TO CONSTRUCT, PLACE, OPERATE, INSPECT, MAINTAIN, n REPAIR, REPLACE AND REMOVE TELECOMMUNICATION FACILITIES AND g INCIDENTAL PURPOSES GRANTED TO TIME WARNER CABLE LLC THROUGH ITS LOS ANGELES DIVISION RECORDED SEPTEMBER 7, 2012 AS INSTRUMENT NO, 2012000520441 OF OFFICIAL RECORDS. THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION. 9 AN EASEMENT FOR ACCESS, INGRESS AND EGRESS AND INCIDENTAL PURPOSES GRANTED TO ITT LLC RECORDED SEPTEMBER 27, 2018 AS INSTRUMENT NO. 2018000275742 OF OFFICIAL RECORDS. BLANKET IN NATURE 1.. OVER THE ENTIRE SUBJECTPROPERTY. 10 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES GRANTED TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 20, 1 2018 AS INSTRUMENT NO. 2018000435594 OF OFFICIAL RECORDS. 25.GO, \ 11 AN EASEMENT FOR PIPELINES, CONDUITS AND INCIDENTAL PURPOSES GRANTED TO SOUTHERN CALIFORNIA GAS COMPANY RECORDED SEPTEMBER 20, 2019 AS INSTRUMENT NO. 2019000361638 OF OFFICIAL RECORDS. _ J 12 AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES GRANTED 0.04 TO SOUTHERN CALIFORNIA EDISON COMPANY RECORDED NOVEMBER 6, 2019 11 AS INSTRUMENT NO. 2019000440350 OF OFFICIAL RECORDS. 13 AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476679 OF OFFICIAL RECORDS. ABANDONED HEREON. 14 AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476680 OF OFFICIAL RECORDS. 15 AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476681 OF OFFICIAL RECORDS. ABANDONED HEREON. 16 AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES GRANTED TO THE CITY OF SANTA ANA RECORDED SEPTEMBER 9 2020 AS INSTRUMENT NO 2% 17 S'LY LINE LOT 24 PER (R3) 16 L14 — — — — — S'LY LINE INST. N0. 10288 15y1 REC. 6/13/1963 BK. 6586 PG. 552, O.R. \ L13 15' WIDE IRREVOCABLE OFFER OF DEDICATION FOR v 19 c PUBLIC STREET EASEMENT DEDICATED HEREON. J J EASEMENT #13 ABANDONED HEREON. g w a (SEE SHEET 15 FOR DETAILS) S'LY UNE LOT 25 PER (133) _ 0 —�-- I — — — — — — — — L31 ! \ w 26 N'LY R/W UNE ALTON AVE. PER m z Jo n BK. 9076, PGS. 818-821, O.R. REC. 9/12/1969 N88'24'20"W 115.27' U -S'LY LINE LOT 26 PER (R3) L22g \ I ----_-- -_-- --_---- d _ N88'24'20"W 140.01' (140' R2) f 488'24'20"W 445.00' (445.03' R) TO CA INT. STANDARD AVE. ALTON AVENUE DETAIL "A" N.T.S. 2020000476682 OF OFFICIAL RECORDS. S'LY R/W LINE DYER RD. PER BK. 9606/46, O.R. 17 AN EASEMENT FOR PUBLIC STREET AND INCIDENTAL PURPOSES GRANTED TO AND (R16). THE CITY OF SANTA ANA RECORDED SEPTEMBER 9, 2020 AS INSTRUMENT NO. 2020000476683 OF OFFICIAL RECORDS. W 18 A NON-EXCLUSIVE EASEMENT FOR VEHICULAR ACCESS RIGHTS IN, OVER, ACROSS, UPON AND THROUGH TECH CENTER DRIVE AND A PORTION OF PARCEL "A" FOR THE PURPOSE OF WATER SYSTEM LINES AS DEDICATED HEREON TO THE CITY OF SANTA ANA. 19 AN EXCLUSIVE SUBSURFACE, NON-EXCLUSIVE SURFACE PUBLIC SERVICE EASEMENT FOR WATER SYSTEM LINES OVER TECH CENTER DRIVE AND A PORTION OF PARCEL "A" AS DEDICATED HEREON TO THE CITY OF SANTA ANA. 20 A NON-EXCLUSIVE EASEMENT FOR THE PURPOSE OF USING, MAINTAINING, REPAIRING THE STORM DRAIN FACILITIES, ACCEPTING STORM WATERTHROUGH THE STORM DRAIN FACILITIES, TO DRAIN SURFACE STORM WATER RUN-OFF INTO DRAIN PIPES, CONNECT SAID DRAINAGE PIPES AND FACILITIES TO THE STORM DRAIN FACILITIES, USE AND MAINTAIN MONITORING WELLS AND EXTRACTION WELLS AND ASSOCIATED PIPING AND DISCHARGE STORM WASTE AS SAID EASEMENT IS SET FORTH IN THAT "SECOND AMENDED AND RESTATED DECLARATION AMENDING AND RESTATING PRIOR GRANT OF STORM DRAIN EASEMENT AND AGREEMENT' BY AND AMONG ITT INDUSTRIES, INC., HW-DYER, LLC, SANDERSON J.RAY - COMMERCE, STEVE A. SHEDD, TERRI SHEDD AND THE SHEDD FAMILY LIMITED PARTNERSHIP RECORDED JUNE 5, 2001 AS INSTRUMENT NO. 20010368190 OF OFFICIAL RECORDS. 21 AN EASEMENT FOR INGRESS AND EGRESS PURPOSES GRANTED TO SOUTHERN CALIFORNIA TELEPHONE COMPANY RECORDED AUGUST 22, 1941 IN BOOK 1106, PAGE 305 OF OFFICIAL ,',RECORDS. AL R 22 75 ANT IN B 9bO6, PAGE EALRECORDSORpD`EOpAPRS DYER ROAD N 8815'34" W 1151.60' - N 8815'34' W 1046.35'- N 8815'34" W 784.36' N 8815'34" W 2.21' � N AAY S'i6" W SA]OS' l N 88'15'34" W 587.6V SEE SHT. 12 �+ w / FOR DETAIL o 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR W r 2.21' PUBUC STREET EASEMENT DEDICATED HEREON. I r W N 8815'12"W EASEMENT #15 ABANDONED HEREON. ` w r J (SEE SHEETS 11 & 12 FOR DETAILS) 221' U W = Wa a r a PARCEL A PARCEL3 PAPCF-;I_ 2 PJ JVL 97--160 P.I\iLE, 313/4 4-16 DETAIL "B" AOp�b / I PAri GI✓L 1`_J N.T.S. yarya� 4, \ % �7- it ; 3/8 -] 7 - 8 10/4/2022 DETAIL "C" N.T.S. SHEET 6 OF 15 SHEETS NUMBERED PARCELS=9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) LINE TABLE NO. BEARING LENGTH L1 NO' 59' 28"E 63.51' L2 N88' 15' 34"W 52.44' L3 N89' 52' 32"E 96.55' L4 N83- 10' 23"E 69.53' L5 N89' 08' 04"E 96.60' L6 N1' 44' 26"E 71.00' L7 N84' 54' 59'W 96.16' L8 N1' 16' 15"E 61.00' L9 N89' 09' 09"E 68.82' L10 NO' 59' 28"E 50.00' L11 N2' 15' 09"E 39.92' L12 NO' 59' 28"E 99.9T L13 N88' 23' 39"W 140.01' L14 N88' 23' 39"W 140.01' L15 NO' 59' 28"E 18.30' L16 NO' 59' 28"E 18.30' L17 NO' 59' 28"E 35.18' L18 NO' 59' 28"E 31.69' L19 NO' 59' 28"E 28.19' L20 N88' 23' 59"W 140.01' L21 NO' 59' 28"E 21.80' L22 N88' 24' 20"W 140.01' L23 NO' 59' 28'E 31.71' L24 N88' 24' 20"W 348.14' L25 NO' 59' 28"E 20.W L26 N1' 44' WE 30.00' L27 N17' 19' 48"E 40.00' L28 N1' 44' 48"E 73.51' L29 Ni' 44' WE 50.72' L30 NO' 59' 28"E 46.54' L31 NO' 59' 28"E 3.47' L32 N4' 02' 58"W 78.65' L33 N85' 35' 41"W 89.10' L34 N11' 34' 52"E 72.06' L35 N2' 35' 47"W 78.47' L36 N88' 15' 34"W 96.00' L37 N88' 15' 34"W 89.00' L38 NC 29' WE 77.72' L39 N33' 21' 59"E 91.17' L40 N86' 54' 44'W 90.86 L41 N31' 09' 49"E 86.67' L42 N26' 07' WE 66.05' L43 N58' 32' 25"E 109.86' L44 N79' 35' 09"W 79.85' L61 NO' 58' 42"E 49.35' L62 N88' 15' 34"W 150.13' L63 N43' 15' 34"W 30.94' L64 NO' 58' WE 7.31' L65 N89' 01' 44"W 1.40' L66 NO' 58' WE 18.00' L67 N43' 15' 34"W 5.70' L68 N1' 44' WE 198.96' L69 N88' 15' 19"W 94.56' L70 N69- 14' WE 22.96' L71 N1' 44' 27"E 0.21' L72 N88' 15' 33"W 22.00' L73 N88' 15' 33"W 36.93' L74 41' 44' 41'E 41.00' L75 N88' 15' 19"W 4.00' L76 41' 44' 41"E 16.00' L77 N88' 15' L78 N77' 00' L79 N88' 15' L80 N7' 44' 2" PARCEL MAP NO. 2018-188 NOTES: 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES, GPS TIES AND LEGEND. TAIT & ASSOCIATES, INC., AUGUST 2019 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. MICHAEL FURLONG L.S. 8899 4. SEE SHEETS 7-15 FOR EASEMENT DETAILS. (39.92' R7, R16, R17)(RAD.) (100.00' R17) (140.01' R, R3) (140.00' R3) (35.30' R) (140.00' R3) (140.00' R3) (348.20' R7, R16) M & (1316, R17) (R) M & (R11) incil LINE & CURVE TABLE LINE TABLE NUMBER BEARING LENGTH L81 N88' 15' 34"W 18.50' L82 Ni' 44' 26"E 1.42' L83 N88' 15' 34"W 2.64' L84 N80' 29' 26"E 17.25' L85 N88' 15' 34"W 10.74' L86 N1' 44' 26"E 178,33' L87 N1' 44' 26"E 13.54' LBB N46' 44' 26"E 48.08' L89 N1' 44' 26"E 259.38' L90 N88' 16' 36'W 1.42' L91 N1' 43' 24"E 1.42' L92 N88' 16' 36"W 18.50' L93 N1' 43' 24"E 1.42' L94 N88' 16' 36"W 2.64' L95 N77' 00' 34"W 12.82' L96 N88' 15' 34"W 201.45' L97 N16' 47' 03"E 151.15' L98 N27' 14' WE 11.00' L99 N13' 25' WE 26.46' L100 N9' 49' 47'W 9.07' L101 N7' 19' WE 30.61' L102 N3' 33' 13"E 27.27' L103 N1' 44' 26"E 36.93' L104 N88' 15' 34"W 325.67' L105 Ni' 44' 26"E 3.00' L106 N1' 44' WE 20.50' L107 N21' 48' 39"W 9.43' L108 N63' 35' 39"W 8.52' L109 N88' 15' 34"W 22.00' L110 N88' 15' 34"W 53.64' L111 N1' 44' 26"E 3.51' L112 N88' 15' 34"W 20.00' L113 N88' 15' 34"W 7.43' L114 N88' 15' 34"W 22.00' L115 N88' 15' 34"W 57.31' L116 N1' 44' 26"E 45.69, L117 N88' 15' 34"W 6.00' L118 N1' 44' 26"E 16.00, 1119 N88' 15' 34"W 18.25' L120 NO' 58' 42'E 14.80' L121 N88' 15' 34"W 102.51' L122 N1' 44' 26"E 11.00' L123 N44' 01' 50"W 17.90' L124 N7' 44' 26"E 31.94' L125 NO' 44' WE 68.18' L126 N88' 43' 03"W 5.00' L127 NO' 12' WE 30.98' L128 NO' 31' 39"E 40.17' L129 NO' 12' WE 120.65' L130 N88' 15' 34"W 2,00' L131 NO' 12' WE 30.86' L132 N1' 44' 26"E 89.46' L133 N88' 15' 34"W 2.00' L134 N1' 44' 26"E 263.84' L135 N88' 15' 34"W 8.00' L136 N1' 44' 26'E 17.57' L137 Ni' 44' 26"E 372.26' L138 N2' 22' 29"E 270.99' L139 N1' 44' 26"E 38.60' L140 N46' 44' WE 44.06' L741 N88' 15' 34"W 72.36' L142 N88' 15' 34"W 1.92' L143 N43' 15' 34"W 38.18' L144 N88' 15' 34"W 50.30' 7- UNE TABLE NUMBER BEARING LENGTH L150 N1' 44' WE 95.87' L151 N32' 59' 47"W 35.09' L152 N1' 44' WE 50.03' L153 N88' 15' 12"W 8.00' L154 N88' 15' 34"W 44.60' L155 NO. 59' 28"E 40.00' L156 N88' 24' 20"W 60.92' L157 N1' 44' 26'E 42.85' L158 N88' 15' 34"W 356.36' L159 Ni' 44' 26"E 328.00' L160 N88' 15' 34"W 141.54' L161 N88' 15' 34"W 37.00' L162 N1' 44' 26"E 49.43' L163 Nib' 50' 26"E 146.72' L164 N88' 15' 32"W 98.52' L165 N88' 15' 32"W 258.67' L166 N1' 44' 26"E 261.89' L167 N88' 15' 31"W 34.00' L168 N1' 44' 26"E 124.67' L169 N88' 15' 31"W 175.00' L170 Ni' 44' 26"E 57.50' L171 N88' 15' 31"W 1.50' L172 N1' 41' 19"E 68.43' L173 N1' 44' 48"E 27.00' L174 N88' 15' 34"W 30.79' L175 N43' 17' 31"W 38.21' L176 N88' 15' 34"W 57.82' L177 N43' 17' 31"W 24.06' L178 NO' 59' 28"E 37.50' L179 N43' 17' 31"W 14.15' L180 N39' 08' WE 43.43' L181 N88' 24' 20"W 140.01' L182 NO' 59' 28"E 64.74' L183 488' 24' 20"W 115.27' L184 488' 24' 20"W 335.00' L185 NO' 59' 28"E 40.00' L186 488' 24' 20"W 335.00' L187 488' 24' 20"W 324.17' L188 N2' 15' 09"E 40.00' L189 NB8' 24' 20"W 323.75' L190 N1' 44' WE 42.00' L191 N88' 15' 12"W 20.00' L192 N1' 44' WE 25.00' L193 N88' 15' 12"W 8.00' L194 N88' 15' 34"W 44.60' L195 N88' 23' 39"W 15.00' L196 NO' 59' 28"E 42.91' L197 N88' 24' 52"W 13.77' L198 NO' 59' 28"E 35.18' L199 N43' 42' 26"W 24.17' L200 N88' 24' 20"W 7.26' L201 NO' 59' 28"E 17.00' L202 N88' 24' 20"W 9.74' L203 N38' 52' 15"E 10.00' L204 N7' 51' 58"W 5.49' L205 N1 V 20' 33"E 45.97' L206 N51' 15' 27"W 83.83' L207 N6' 15' 27"W 14.14' L208 N79' 29' 04"E 18.48' L209 N51' 15' 27"W 87.98' L210 N14' 05' 47'E 27.70' L211 N28' 15' 27"W 148.97' 12 N63' 59' 33"W 37.29' 13 I N1' 44' 39"E 135.32' CURVE TABLE CURVE DELTA RADIUS LENGTH C1 (89' 24' 20" 89' 23' 48" 25.00' 25.00' 39.01' R) 39.01' C2 0' 39' 29" 1240.00' 14.24' C10 90' 45' 44" 12.50' 19.80' C11 89' 59' 45" 12.50' 19.63' C12 90' 00' 14" 12.50' 19.64' C13 90' 00' 00" 12.50' 19.63' C14 89' 58' 58" 12.50' 19.63' C15 74' 57' 23" 12.50' 16.35' C16 90' 00' 00" 12.50' 19.63' C17 90, 00' 00" 12.50' 19.63' C18 90' 00' 00" 12.50' 19.63' C19 44' 15' 09" 2.50' 1.93' C20 23' 52' 35- 75.50' 31.46' C21 18' 57' 52" 74.50' 24.66' C22 94' 09' 23" 9.50' 15.61' C23 57' 28' 59" 9.50' 9.53, C24 32' 33' 25" 82.00' 46.59' C25 245' 06' 50" 58.00' 248.13' C26 32' 33' 25" 82.00' 46.59' C27 0' 38' 58" 34.50' 0.39' C28 120' 17' 05" 1 58.00' 121.76' C29 124' 49' 45" 58.00' 126.37' C30 88' 38' 32" 17.00' 26.30' C31 14' 51' 57" 452.49' 117.40' C32 1' 49' 48" 1275.00' 40.73' C33 0' 39' 29" 1240.00' 14.24' C34 89' 23' 48" 25.00' 39.01' C35 0' 39' 29" 1200.00' 13.78' C36 88' 38' 32" 17.00' 26.30' C37 18' 04' 01" 25.00 7.88' 140' R2) C38 71' 19' 47" 25.00' 31.12' C39 2' 24' 29" 1126.28' 47.34' C40 22' 12' 31" 45.00' 1 17.44' C41 90' 00' 00" 45.00' 70.(59' 43.04' RECORD PER EASEMENT #13) 35.30' RECORD PER EASEMENT #13) UNE TABLE NUMBER BEARING LENGTH L214 N88' 15' 21"W 70.46' L215 N1' 21' WE 1 5.00' 10/4/2022 SHEET 7 OF 15 SHEETS ^/ /x� R NOTES: NUMBERED PARCELS = 9 LETTERED PARCEL=1 PARCEL MAP NO. L U 1 R V — 1 V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT GROSS AREA: 25.402 AC NOTES, BASIS OF BEARINGS, DATUM STATEMENT, NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. DATE OF SURVEY: 08/05/2019 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. (ALL OF TENTATIVE PARCEL TAI T & A SSOCIA TES, INC., AUGUST 2019 3. SEE SHEET S FOR DETAILS & EASEMENT NOTES. MAP NO. 2018-188) 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET GRAPHIC SCALE N 0 15, 30' 60, 90' 120' DYER ROAD 1 inch = 30 ft. ' ESMT /4 I PARCEL A (STREET) 12 18 4 (SEE SHTS. 11 & 12 9' FOR DETAILS) 3.14' S'LY R/W LINE DYER RD. PER N8B. "34-W 200.90' BK. 9606/45, O.R. AND (R16). L119 0 18 — — — 9 L65 III ABANDONED I 3' 15 HEREON L64 10 g' 10' W1DE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET EASEMENT DEDICATED HEREON. /I 1 `G,o (SEE SHTS. 11 & 12 FOR DETAILS) — — — —L62— — — — — — — — — — — — — — - L67 — — — — — — �— — — — �- — — — — — 0 ICI II I II III II I II J I LU PARCEL 1 II n I 5 10 I � 3' H- W IW III 11n W W II W z I = L71 U ofj 10 6, I 3' 1-T PARCEL A I L75 I o I 20' I I I LfD I J PARCEL4 w U Q a_ MATCHLINE (SEE EET City Council — 1 10/4/2022 i82 III II II III 3' III II II III II I III �L107 SHEET 8 OF 15 SHEETS NOTES: NUMBERED PARCELS = 9 ^/ /x� R PARCEL MAP NO. U 1 R 1 LETTERED PARCEL=1 L V — V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT GROSS AREA: 25.402 AC NOTES, BASIS OF BEARINGS, DATUM STATEMENT, NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. DATE OF SURVEY: 08/05/2019 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. (ALL OF TENTATIVE PARCEL TAIT & ASSOCIA TES, INC., AUGUST 2019 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. MAP NO. 2018-188) 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET N GRAPHIC SCALE 0 15, 30' 60, 90, 120' MEMO 1 inch = 30 ft. ' DYER ROAD ESMT {')4 — — PARCEL A (STREET) 4 (SEE SHTS. 11 & 12 FOR DETAILS) I S'LY R/W LINE DYER RD. PER _ BK. 9606/46, O.R. AND (Ri6).-\ I 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET EASEMENT DEDICATED HEREON. (SEE SHTS. 11 & 12 FOR DETAILS) —�77 j- PARCEL2 U I LU LU Y U ZI C U F I 3 10 ;nl o / / L87 I � L1111� � L I x J1 �� PARCEL A `� II II I I II I I� II II III II III II I L121 -t — — 7 C� CI'9 7 ABANDONED %- _ 15 HEREON N01'43'OTEJ C20 T 27 (RAD.)(PRC) N2535'36"E C (RAD.)(PRC) , PARCEL 3 N3415'27"E� (RAD.) 18 ---__L141 1-142 _N8810'37"W C27 Tla (RADJ(PCC) C23 / 2.21' k: / NI JI I I I I tl � � I 1 1 LLI 1 I I i I to IY ILE I mi s w �1 U 1 = tI () I H I Im I I J I I I C7 I L7 1 I \ C7 NI 1 1 I Kt K` I I II I I I I 1 I 1 IN I I 1 I 1 I j j I / I I I 1 I 1 I 1 I I 1 I 1 1 1a In 19 IJ 11 l 11 I III I I 1 2.21' I I I II I -- -- -li -- --�-- -- -- -1 City Council 7 -11 1 141202210� - - - SHEET 9 OF 15 SHEETS NUMBERED PARCELS=9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) 00 J W U ry n PARCEL MAP NO. 2018-188 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA TAIT & ASSOCIATES, INC., AUGUST 2019 MICHAEL FURLONG L.S. 8899 RECORD EASEMENTS SHEET NOTES: 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 8 FOR LINE & CURVE TABLE. 5. SEE SHEETS 7 - 15 FOR EASEMENT DETAILS. MATCHLINE (SEE SHEET 7) MATCHLINE (SEE SHEET 8) 1rr0 lI - - G\pJ g0 � ��3, 10 L96- 2 LL93 90 ' L100 PARCEL A I� �11 I+ IJ I�— 60M to GRAPHIC SCALE 120' City Council 7 — 12 1 inch_ SHEET 10 OF 15 SHEETS NUMBERED PARCELS = 9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) PARCEL 7 I I I 1 NOTES: /x�R PARCELMAP NO. 2018-1 V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. TAIT & ASSOCIA TES, INC., AUGUST 2019 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET MATCHLINE (SEE SHEET 8) L —T-- -- — _ T N'15'21"W177:45' T ---- 1 _L214_ (S88'15'8821"W 117.46' PER INST. NO. ♦� o �� 20010368190 O.R., REC. 6/5/01) I 2.21 20 L215 I I I 170 20 I 5' 1 2Lu I I � I� I I I �} IX ILLI "IX t2Lu �j1 I ------------ I � III I \I I PARCEL A I 12_ ` N5911'01"E J W z ,o a w >- AV rZ,I� I=ao 10, h L \ N N04-00'467�' \ \\ \ I (RAD.) \ \ \\ 10' I /ARCELA,,, -12 N78'18'44"W / (RAID.) N75'54'15"W (RAD.) L204 L203 / /�\\ f GRAPHIC SCALE so' 20 / City Cou6cil v v 7 —/ 3 11��n=3D �. SHEET 11 OF 15 SHEETS NUMBERED PARCELS=9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) N 00'59'28" E 10.00' NOTES: /x�R PARCELMAP NO. 201 H-1 V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. TAIT & ASSOCIATES, INC., AUGUST 2019 3. SEE SHEET S FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET N GRAPHIC SCALE 0 15, 30' 60, 90, 120' 1 inch = 30 ft. I ' DYER ROAD �� - / N88'15'34"W 588.34' SLY R/W LINE DYER RD. PER 4 N $ BK. 9606/46, O.R. AND (R16). PARCEL A z(STREET) I N8815'34"W 196.02' N8815'34`W 529.V — I N88'15'34'W 735.76' — — — — — ABANDONED 15 I HEREON 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET EASEMENT DEDICATED HEREON. PARCEL1 PARCEL A I J W U Q I / n I III I& IW I LU I09 IIILU LU L171I Y-' LU 12 II a „ 10' I 5 I 1. = L169 I LO I PARCEL4 W U ry Q a City Council 7 — 14 10/4/2022 SHEET 12 OF 15 SHEETS NUMBERED PARCELS = 9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) NOTES: /x�R PARCELMAP NO. 201 H-1 V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. TAIT & ASSOCIA TES, INC., AUGUST 2019 3. SEE SHEET S FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET N GRAPHIC SCALE 0 15, 30' 60, 90, 120' 1 inch = 30 ft. ' DYER ROAD Cam' r 4 S'LY R/W LINE DYER RD. PER PARCEL A BK. 9606/46, O.R. AND (R,6). --— — T--------- HEREON ABANDONED O 15 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET EASEMENT DEDICATED HEREON. I I/ I I I PARCEL2 ULI LLU co II LU N8815'34"W 588.34' f naa ro og ry aza.a i � 1 l� N88'15'34"W 735.76' I J L176 1 i L?I J L174 — 5 SEE EASEMENT DETAIL " J 15 SHT. 15 I I I I I I I I I I I I I I I I I I I cI L7 5' 2 3 S 7 i;7 4 u6s _ _ - - us7� ` PARCEL A LLI — T --J -- LLI I L) II II III II I II I 1� PARCEL 5 I Il I II I III I I I I I I III II I I I L I I ' I I I I I I I I I I I I I I I I I I 2.21' City Council 7-15 10/4/2022 SHEET 13 OF 15 SHEETS NUMBERED PARCELS=9 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL MAP NO. 2018-188) PARCEL MAP NO. 2018-188 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA TAIT & ASSOCIATES, INC., AUGUST 2019 MICHAEL FURLONG L.S. 8899 RECORD EASEMENTS SHEET MATCHLINE (SEE SHEET 11 & 12) NOTES: 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. 5. SEE SHEETS 7 - 15 FOR EASEMENT DETAILS. L 16 4- - — — — _ — — _ — — — L 16 5 _ — — _ — - - - - - - - - - - I N)373J)"W GRAD.)' I I oil PARCEL 8 III PARCEL A II IL II III I I I III II II ICI I I I n ' °' I II I IlI I III II II III II MATCHLINE (SEE SHEET 14) N GRAPHIC SCALE —0 City Council 7 — 16 ,Inch-3 SHEET 14 OF 15 SHEETS NUMBERED PARCELS=9 PARCEL MAP NO. 2018-188 LETTERED PARCEL=1 GROSS AREA: 25.402 AC NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DATE OF SURVEY: 08/05/2019 (ALL OF TENTATIVE PARCEL TAIT & ASSOCIATES, INC., AUGUST 2019 MAP NO. 2018-188) MICHAEL FURLONG L.S. 8899 RECORD EASEMENTS SHEET NOTES: 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT NOTES, BASIS OF BEARINGS, DATUM STATEMENT, REFERENCE NOTES, GPS TIES AND LEGEND. 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. 4. SEE SHEET 6 FOR LINE & CURVE TABLE. 5. SEE SHEETS 7 - 15 FOR EASEMENT DETAILS. MATCHLINE (SEE SHEET 13) PARCEL 8 f h PARCEL 9 N32530"E (�RA_DI.) L158 l N7'35'41"E (RAD..) \ 2 L — — — — — — — J WILY R/W LINE ALTON AVE. - C32 U. PER BK. 9076/818 & _ — — 0 1 BK. 9606/46 O.R. 11 PARCEL A — N85_25•p1=E 325.55_ _ 14 aAACcL A FM 2000-214 _ PARCEL C (SLOPE) p,MA, 323/8-11 LU _ — N8824'20"W 323.67' - C33 Q L184 1f f N88'24'20"W 673.36' - L187 - - - _ 1/U Im Z 3 ALTON AVENUE � 4 = 1 PARCEL 3 J PARCEL B _ m F L186 - /- (STREET) L189 C35 ¢ - 2 (ALONG CA ALTON AVE.) LU LU U I I� I I I I I I I I I I I MATCHLINE (SEE SHEET 13) L.L-� T PARCEL 8 SEE DETAIL SHT. 15 I — — — — _ _ L158 �_— — —_— I PARCEL A — — — — — — — � — — — — — hI ' N'LY R/W LINE ALTON AVE. 11 10 �I J 11 PER BK. 9076/818 & _ 1 21 FF 5 BK. 9606/46 O.R. L I LU > \ -4 LU - 1-156 > L183 -j - - � N 88-24'20" W 673.36' - - LIM y - m W i 3 Q ------ ---- ALTON AVENUE 3 la 3 PARCEL 3 I IL PARCEL 1 L181 / L186 Z J 2 U H Q I� I LU LU IU) N lj� GRAPHIC SCALE 90, 120' City Council 7 — 17 SHEET 15 OF 15 SHEETS NOTES: NUMBERED PARCELS=9 /x� R PARCEL MAP NO. 201 R LETTERED PARCEL=1 V —1 V V 1. SEE SHEET 3 FOR MONUMENT & ESTABLISHMENT GROSS AREA: 25.402 AC NOTES, BASIS OF BEARINGS, DATUM STATEMENT, NET AREA: 24.383 AC IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA REFERENCE NOTES, GPS TIES AND LEGEND. DATE OF SURVEY: 08/05/2019 2. SEE SHEET 4 FOR BOUNDARY ESTABLISHMENT. (ALL OF TENTATIVE PARCEL TAIT & ASSOCIA TES, INC., AUGUST 2019 3. SEE SHEET 5 FOR DETAILS & EASEMENT NOTES. MAP NO. 2018-188) 4. SEE SHEET 6 FOR LINE & CURVE TABLE. MICHAEL FURLONG L.S. 8899 5. SEE SHEETS 7- 15 FOR EASEMENT DETAILS. RECORD EASEMENTS SHEET N GRAPHIC SCALE 0 10, 20' 40' 60' 80, 1 inch = 20 ft. ' ESMT #4 PARCEL A (STREET) (SEE SHTS. 11 & 12 FOR DETAILS) DYER ROAD N8815.34"W 588.34' S'LY R/W UNE DYER RD. PER BK. 9606/46, O.R. AND (R16). - N8895'34"W 58769' I I _ NO3_O6'16=E 15 ABANDONED PARCEL A (RAD.) R HEEON i - - - - - - - - - - - - A N88'15'12"W 10' WIDE IRREVOCABLE OFFER OF DEDICATION FOR (RAD.) PUBUC STREET EASEMENT DEDICATED HEREON. L193 11 (SEE SHTS. 11 & 12 FOR DETAILS) V PARCEL 3 L191 TECH CENTER DRIVE I IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC STREET EASEMENT DEDICATED HEREON. DYER ROAD W jr!7�7 — � N88'15'34"W40'S88.34' 25' 5' - �. -_ , J _ ESMT ,(14 0 4 PARCEL A (STREET) mCO J PARCEL A (SEE SHTS. 11 & 12 g FOR DETAILS) z m Q = 1 BANDONEDIJ HEREON i6 S'LY R/W UNE DYER RD. PER % S BK. 9606/46, O.R. AND (R16). N72'S5'27"�E k1'97 o' NLY R/W UNE ALTON AVE. PER BK. 9076/618 & N88'15'34"W 587.69' (RAD.) s 9 \ BK. 9606/46 O.R. I '� c��\ L154 _ N88'24'20"W 774.44' —► _ — _ _ _ _ _, I \1 L202 L2011 0 NO3'O6'16"E 5 LN 88'24'20" W ABANDONED f )T HEREON (RAD.) �i l 17.00' N88'1512" W� — — — — PARCELA (RADJ L153J// - 10' WIDE IRREVOCABLE OFFER DEDICATION FOR PUBLISTREET EASEMENT DEDICATED HEREON. C JI (SEE SHTS. 11 & 12 FOR DETAILS) I — ALTON AVENUE I I -� TECH PARCEL 3 s CENTER X DRIVE 2.21' I City Council 7-18 EASEMENT DETAIL ,4/ZO22 Public Works and Parks, Rec. & Community Svcs. Agencies www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Santa Ana Zoo Goat Trail AGENDA TITLE Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost of $881,531 (Project No. 21-2744) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to GB Cooke, Inc., a responsive bidder, in accordance with the base bid in the amount of $721,531, for construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $881,531, which includes $721,531 for the construction contract, $80,000 for contract administration, inspection and testing, and $80,000 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include the Santa Ana Zoo Goat Trail project. DISCUSSION On June 21, 2022, the City Council awarded a contract to Harrison Building, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $400,000 for the construction of the Santa Ana Zoo Goat Trail project (Exhibit 1). Harrison Building, Inc. submitted all of the required bidding documents for the project award. However, due to the bid spread between Harrison Building, Inc. and the second lowest bidder, GB Cooke, Inc.; Harrison Building, Inc. was unable to secure their performance bond and payment bond. Therefore, in compliance with the City of Santa Ana Contract Documents, the contract award with Harrison Building has been rescinded. Staff recommends awarding the contract to GB Cooke, Inc. City Council 8-1 10/4/2022 Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 27 regional vendors via PlanetBids, many of which are Santa Ana based. Three vendors requested bidding documents, and a total of three 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 March 24 and March 31, of 2022. The project was also advertised in PlanetBids from March 22, 2022 through April 12, 2022. Bids were received electronically via PlanetBids on April 12, 2022. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Harrison Building, Inc. Newport Beach Unable to Perform 2 G.B. Cooke, Inc. Fullerton $ 721,531 3 C.S. Legacy Construction, Inc. Walnut $ 1,015,985 A total of three bids were received. GB Cooke, Inc. submitted a responsive base bid in the amount of $721,531 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the circumstances outlined above and a contractor's reference check, staff recommends awarding the construction contract to GB Cooke, Inc., in the amount of the base bid totaling $721,531 (Exhibit 3). Recently, GB Cooke, Inc. has worked on one project for the City of Santa Ana, which is the Santa Ana Zoo Giant River Otter & Primate Trails, where they performed rough carpentry. GB Cooke, Inc. has performed satisfactory work and staff recommends awarding the contract to GB Cooke, Inc. 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 the following: 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 $881,531. City Council 8-2 10/4/2022 Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 3 Project Item Total Construction Contract $721,531 Construction Administration, Inspection, Testing $80,000 Contingencies $80,000 TOTAL CONSTRUCTION DELIVERY COST $881,531 Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-31 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $881,531, which includes construction, contract administration, inspection, testing, and an authorized contingency. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Unit - Fund Accounting Unit - Account Fiscal Year Account No. Description No. Description Amount (Project No.) 01213020-66220 Cannabis PRCSA Youth Services- 2022-23 (21-2744) Public Improvements Other $701,531 Benefit Fund Than Building PRCSA- PRCSA-Fees and 2022-23 02213200-66220 Fees and Donations- Improvements $180,000 (21-2744) Donations Other Than Building Fund Total $881,531 City Council 8-3 10/4/2022 Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 4 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Hawk Scott, Executive Director - Parks, Recreation and Community Services Agency Approved By: Kristine Ridge, City Manager City Council 8-4 10/4/2022 No SANTA ANA PROJECT 21-2744 ■ P W A ■ SANTA ANA ZOO GOAT TRAIL i1 uncil 8-5 10/4/tb�� 1 OF 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: G.B. Cooke, Inc. 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 Santa Ana Zoo Goat Trail Project Manual 1 LS $ / �� I (D 2 Tractor Element 1 LS $ I-C)' 10 L-0 $ O 6'zo 3 Construction Permit 1 I LS $155000 $ !S Obi TOTAL BASE BID $ I 2 1 S 2 j -." 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. 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 number(100) 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 $820 per calendar day. City Council 8-6 10/4/2022 P-6 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 NIA ANA ZOO GOAT TRAIL Name of Firm G.B. Signature of BIDDER Bradley G. Cooke Title President, Secretary, Treasurer & Manager (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 RM P-7 of P-22 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penal ,p oe y that the foregoing is true and correct. Name of Firm G.B. Cooke Signature of BIDDER IC K Bradley G. Cooke Title President, Secretary, Treasurer & Manager (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 8-8 10/4/2022 P-8 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: G.B. Cooke, Inc. Business Address: 660 S. State College Blvd. Fullerton, CA 92831 Business E-Mail Address: brad@gbcookeinc.com Telephone: (626) 969-8736 State Contractor's License No. and Class: 366159 A & B License Expiration Date: 11 /30/2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000013328 State Dept. Uof str' 1 1 ions (DIR) Registration E it n 06/30/2022 Sinned: Title: President, Secretary, Treasurer & Manager Bradlev G. Cooke City Council 8-9 10/4/2022 P-9 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that thefeqA''iio Zg is true and correct. Name of Firm G.B. Signature of BIDDER Title President, Secretary, Treasurer & Manager (if an individual, so state) Bradlev G. Cooke City Council P-10 of P-22 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Brad Cooke being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. [CORPORATION That he is of: President, Secretary and Chief Financial Officer of G. B. COOKE, INC. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that c id is genuine and not collusive or sham, and has not in any manner sought by co u 'on t s u any advantage against the City of Santa Ana or any person interested in the pr con act for himself or any other person. A' Signature of Bidder Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) City Council 8 —11 10/4/2022 P-11 of P-22 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 nV--a1'ZOScL, Subscribed and sworn to (or affirmed) before me on this day of , 20 22 , by UDO & proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. GINA LYN SMITH „ Notary Public - Californla g San 3ernardino County Commisslon k 2251232 1] My Comm. Ex:ires Aug 23, 2022 `/ (Seal) Signature / �.- City Council 8 — 12 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL KNOW ALL PRESENT that, G. B. Cooke, Inc. ____ , as BIDDER, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten percent of the total amount of the bid Dollars ($ 10% ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 5th day of Aril .2022. 77� J e 626-969-8736 SURETY* Douglas AU. Rapp, Attornby in Fact Subscribed and sworn to before me , 20_ Signature: Notary Public in and for the County of mono tzar, 909-612-3654 Ranch, & 92694 949-393-0740 this day of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. City Council 8 — 13 10/4/2022 P-12 of P-22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On April 5, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(") whose name(") isAM subscribed to the within instrument and acknowledged to me that heA*Ws#hwy executed the same in his#ie+ *m* authorized capacityos*, and that by his/NeWiWeipsignature(%) on the instrument the person, or the entity upon behalf of which the person(") acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �Fr,F DEBRASWANSON era (n Y ` �. COMM. # 2335630 X NOTARYPUBLIC-CALIFORNIAX ORANGE COUNTY N c^r6R . MY COMM. BXP, NOV 10, 2024 Signature (Seal) City Council 8 — 14 10/4/2022 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas A Rapp of LADERA RANCH , California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. � Arch �Jp I ANOS` yyjRt9 ya 9 HARiFngD HARTFORD, CONN. ? } CONK, o 0,� +irbe State of Connecticut City of Hartford ss. By: L 49� Robert L. Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r,ornnY t My Commission expires the 30th day of June, 2021 Pu¢`" Anna P. Nowik, Notary Public •w°Y,vFof This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 5th day of April , 2022 M"GFDC.ONN. H0.HTFORD� 4'diP4k3�t8. UAL Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-421-3880. If y ffe U Il C I e above -named orney-in- a an e a / is attached. 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 n�,Uyj c� Subscribed and sworn to (or affirmed) before me on this day of , 20 22 , by �� U p proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ®- . GINA LYN SMITH Notary Public - California a. San Bernardino County Commission k 2251232 My Comm. Expires Aug 23, 2022 � l (Seal) Sig natureu Lt( G �A City Council 8 — 16 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Moran Consultin License #/Exp. 9376 9/23 DIR Reg. #/Exp. 1000018029 6/22 Location Long Beach Phone 562.340.4670 Type Of Work Surveying Amount $ 10,000 Name The Blakely Co. License #/Exp. 195215 11/23 DIR Reg. #/Exp. 1000010520 6/23 License # Location Monterey Park Phone 626.766.1945 Type Of Work Paint Amount $ 15,005 Name Sierra Landscape License #/Exp. 514938 3/23 DIR Reg. #/Exp. 1000004455 6/22 License # Location Arcadia Phone 626.447.5260 Landsca 95 176 Signature of Bidder & Irrigation Bradlev G. Cooke Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ City Council 8-17 P-13 of P-22 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Los Angeles County Public Works 900 South Fremont Ave, Alhambra, CA 91803 Name and Address of Owner. Ali Dana (626) 458-3110 Name and Telephone Number of person familiar with project. $1,138,654.00 Ocean Outlet Installation March 26, 2021 Contract Amount Type of Work Date Completed 2. OC Public Works / OC Construction 1152 E. Fruit St. Santa Ana CA 92701 Name and Address of owner. Kevin Tran (714) 647-3934 Name and Telephone Number of person familiar with project. $727,618.35 Pedestrian Bridge Replacement March 13, 2020 Contract Amount Type of Work Date Completed 3. San Gabriel Water Committee 729 N Azusa Ave. Azusa CA 91702 Name and Address of owner. Donald Berry (626)815-0018 Name and Telephone Number of person familiar with project. $1,207,952.51 Water Gate Structures September 30, 2019 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Rapp Surety & Ins. Services, Inc. Timothy D. Rapp 999 Corporate Dr. Ste 100 Ladera Ranch, CA 92694 (949) 393-0740 The Wooditch Co. Mark Ramirez One Park Plaza, Ste 400 Irvine, CA 92614 (949) 553-9800 City Council Mwz P-14 of P-22 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Rancho Palos Verdes 30940 Hawthorne Blvd. RPV CA 90275 Name and Address of Owner. Charles Eder 310-544-5282 Name and Telephone Number of person familiar with project. $2,017,747.00 Storm Drain Repair Contract Amount Type of Work 2. LACPW 1100 N. Eastern Ave Rm G115 Los Anaeles CA 90063 Name and Address of owner. Peter Genov (323) 267-2297 Name and Telephone Number of person familiar with project. $526,075.50 Rubber Dam Replacement Contract Amount Type of Work 3. City of Long Beach 333 W. Ocean Blvd. Long Beach, CA 90802 Name and Address of owner. Derry MacMahon (323) 260-4703 Name and Telephone Number of person familiar with project. June 15, 2018 Date Completed December 15, 2017 Date Completed $2,260,493.94 Low Flow Diversion Systems November 27, 2017 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Rapp Surety & Ins. Services, Inc. Timothy D. Rapp 999 Corporate Dr. Ste 100 Ladera Ranch, CA 92694 (949) 393-0740 The Wooditch Co. Mark Ramirez One Park Plaza, Ste 400 Irvine, CA 92614 (949) 553-9800 City Council 8 — 19 10/4/2022 P-15 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: �au�t'ne7lh*'VakingNon-collusion Affidavit is part of the Proposal. BIDDERS are a false certification may subject the certifier to criminal 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 City Council 8 — 20 10/4/2022 P-16 of P-22 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 Oy-arA q:)&e Subscribed and sworn to (or affirmed) before me on this day of %p►-L1 , 20 22 , by 4�:�,U.6Ua 61. �PJVVQ-: proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. GINA lYN SMITH j '"fir Notary Public -California $ San Bernardino County > Commission # 2251232 My Comm. Expires Aug 23, 2022 (Seal) Signatures City Council 8 — 21 10/4/2022 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City Council 8 — 22 10/4/2022 P-17 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, igi us creed, color, national origin, ancestry, physical handicaps, mental condition, al t s, r sex of such persons, except as provided in Section 1420, and any contractor publi work violating this Section is subject to all the penalties imposed for a violation II Ch p Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 City Council 8 — 23 10/4/2022 P-18 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on t bli work, in the same amount or upon the same basis and in the same manner as th he c tr tors, except contractors not signatory to the trust agreement shall pay a like a tot li"mia Apprenticeship Council. Signed: Title: President Firm: G.B. Cooke, Inc. Date: Aaril12.2022 City Council 8 — 24 10/4/2022 P-19 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontr or shall be prohibited from inducing, by any means, any person employed in the c c or repair of public work, to give up any part of the compensation to which he/she is o� ti d. Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 City Council 8 — 25 10/4/2022 P-20 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. City Council 8 — 26 10/4/2022 P-21 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/pwa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersign%1e as reviewed the Public Works Construction Permit and required deposit d .scrib a and the Notice of Inviting Bids. Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 City Council 8 — 27 10/4/2022 P-22 of P-22 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail This CONSTRUCTION CONTRACT is made and entered into this 46 day of October, 2022 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 GB Cooke, Inc., (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 Santa Ana Zoo Goat Trail (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. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Twenty One Thousand Five Hundred and Thirty One Dollars and No Cents ($721,531.00), 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. City Council 1 of 3 8 — 28 10/4/2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY' S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 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 Cit > 1jb#ctors of any lower tier; 8 — 29 10/4/2022 (ii) performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail 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: sip 9)' T. 4- JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency KRISTINE RIDGE City Manager a oke, Inc. NAME: Brad Coc Title: President City Council 8 — 30 10/4/2022 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-2744: Santa Ana Zoo Goat Trail Construction Contract $ 721,531.00 Contract Administration, Inspection and Testing $ 80,000.00 Contin encies $ 80,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 881,531.00 City Council 8 — 31 10/4/2022 PROJECT TITLE: Santa Ana Zoo Goat Trail PROJECT CATEGORY: City & Park Facility Improvements Zoo Facility CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The scope of work involves excavation, grading to improve accessibility, freestanding steel goat trail structure, new theme element at goat interaction yard, expanded animal interaction yards, new and rehabilitated landscape at area of work, trees, irrigation, relocation of existing signage, and replacement of existing and new storm drain basins to improve drainage (existing storm drain system to remain). LOCATION MAP A N PROJECT NEED: The Crean Family Farm was opened in 2004 to share Orange County's agricultural heritage and a sensory experience of farm animal care. The Goat Trail project will align that goal with the zoo's values and mission by transforming the current visitor goat interaction yard (which keeps people to one side of a fence and farm animals on the other), and connecting people up close with animals in an experiential habitat. Direct contact with animals builds empathy for living things, provides a unique educational experience, and encourages close observation and investigation of the natural world. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 321,531 - - - - - - TOTAL 321,531 - - - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 PRCSA F&D 321,531 - - - - - - TOTAL 321,531 - - - - J AGENCY: DIVISION: Parks, Rec. & Community Services CIP Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 22-Aug-2022 City Council 8 — 32 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 9 o`'r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Sidewalk Concrete Repairs Project AGENDA TITLE Approve the Third Amendment to the Construction Contract with CJ Concrete Construction, Inc., to Increase the Contract Amount by $1,000,000 to Perform Additional Concrete Repairs through the End of Project Completion (Project No.22-6970) (General and Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to approve the third amendment to the construction contract with CJ Concrete Construction, Inc., by an increase of $1,000,000, to perform additional concrete improvements through the end of project completion, for a new estimated project delivery cost of $4,700,000. 2. Approve the revised Project Cost Analysis increasing construction administration, inspection, and testing by $50,000 and the project contingencies by $950,000, for a new estimated project delivery cost of $4,700,000. DISCUSSION The Public Works Agency's Maintenance Services Division is responsible for maintaining 400 miles of streets and 800 miles of sidewalks located within the City of Santa Ana. Staff evaluates the condition of damaged sidewalks, curbs, gutters, and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for pedestrians and increase active modes of transportation, such as walking and biking. Additionally, this reduces the potential of liability claims and assists in complying with regulations set forth by the American with Disabilities Act. Procedures to mitigate these conditions include offset grinding, temporary asphalt ramping, and removal/replacement of damaged concrete areas. On November 16, 2021, the City Council awarded a contract to CJ Concrete Construction, Inc., for various concrete repair projects involving the repair of damaged sidewalks, curbs, gutters, driveway approaches, and curb ramps. Prioritization of work is focused on areas with the highest concentration of needed repairs (Exhibit 1). Projects have been completed or are underway in each of the City's six wards, including the Riverview West City Council 9-1 10/4/2022 Sidewalk Concrete Repair October 4, 2022 Page 2 (Ward 1), New Horizons (Ward 2), Pacific Park (Ward 2), West Floral Park (Ward 3), South Coast (Ward 4), Willard (Ward 5), Willits & Sullivan (Ward 5), Wilshire Square (Ward 6), and Madison Park (Ward 6) neighborhoods. Upcoming projects are planned for the Morning Sunwood (Ward 1), Pico -Lowell (Ward 2), Riverview (Ward 3), Valley Adams (Ward 4), Artesia-Pilar (Ward 5), and Delhi (Ward 6) neighborhoods, as well as other areas with the highest concentration of needed repairs. On May 17, 2022, a second amendment was approved, amending the construction contract with CJ Concrete Construction, Inc. to increase the contract capacity by $2,000,000, for a new estimated project delivery cost of $3,700,000, in order to capitalize on the favorable pricing of the existing contract and complete these concrete repair projects promptly. CJ Concrete Construction, Inc. has demonstrated a high level of professionalism and commitment to quality work as part of this contract. As the project has continued, unforeseen higher volume of concrete repairs have been identified within the programmed neighborhoods. In order to complete these concrete repairs promptly and capitalize on the favorable pricing of the existing contract, staff recommends amending the construction contract with CJ Concrete Construction, Inc. to increase the contract capacity by $1,000,000, for a new estimated project delivery cost of $4,700,000. Any remaining funds will be used to continue sidewalk repairs in other areas of need. CJ Concrete Construction's history of performing quality work for the City dates back to 2010 and includes an Omnibus project (Project 10-6716), the Thornton Park Water Main Improvements project (Project 15-6448), and most recently, in 2022, on -going sidewalk improvements in City neighborhoods. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-99 was filed for the project. FISCAL IMPACT Funds in the amount of $1,200,000 were approved and appropriated in FY 2021-22. Of that, $594,210.50 has already been expended leaving a balance of $605,789.50 available for additional concrete improvements. On January 18, 2022, during the General Fund First Quarter Budget Update presentation, City Council authorized one-time funding of $500,000 for FY 2021-22 to complete additional concrete repair projects and improve service levels for the public. On February 1, 2022, Council approved the first amendment to the construction contract to increase the contract capacity by $1,105,789.50 to utilize the unspent balance and the one-time allocation. Furthermore, on March 1, 2022, during the Mid -Year Budget Update, the City City Council 9-2 10/4/2022 Sidewalk Concrete Repair October 4, 2022 Page 3 Council authorized an additional one-time appropriation of $2,000,000 for FY 2021-22 from the available Gas Tax fund balance, bringing the estimated total construction delivery cost of the project to $3,700,000. Funds in the amount of $1,000,000 are budgeted in the Fiscal Year 2022-23 Council Approved City Budget to fund additional concrete improvements. This third amendment brings the estimated total construction delivery cost of the project to $4,700,000 (Exhibit 2). Funds in the amount of $1,000,000 for the third amendment to the construction contract are budgeted and available for expenditure as shown on the table below. Accounting Fiscal Unit -Account Fund Accounting Unit - Year No. Description Account No. Amount (Project No.) Description ORIGINAL CONSTRUCTION DELIVERY COST Roadway 2021-22 02917660-66220 Special Gas Maintenance, Contract $594,210.50 (22-6970) Tax Services — Professional ADDITIONAL FUNDS FOR FIRST AMENDMENT 2021-22 02917660-66220 Special Gas Roadway Maintenance, Contract $605,789.50 (22-6970) Tax Services- Professional PWA Sidewalks- 2021-22 01117626-66220 General Service Enhancement, $500,000.00 (22-6970) Fund Contract Services - Professional ADDITIONAL FUNDS FOR SECOND AMENDMENT 2021-22 02917660-66220 Special Gas Roadway Maintenance, Contract $2,000,000.00 (22-6970) Tax Services- Professional City Council 9-3 10/4/2022 Sidewalk Concrete Repair October 4, 2022 Page 4 ADDITIONAL FUNDS FOR THIS ACTION PWA Sidewalks- 2022-23 01117626-66220 General Service Enhancement, (22-6970) Fund Contract Services- $1,000,000.00 Professional Total $4,700,000.00 EXHIBIT(S) 1. Location Map 2. Cost Analysis Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 9-4 10/4/2022 ir SANTAANA Project No. 22-6970. u Pi Omnibus Concrete Repairs PUBLIC WORKS AGENCY COST ANALYSIS PROJECT NO.22-6970: OMNIBUS CONCRETE REPAIRS EXPENDITURE ORIGINAL ADDITIONAL ADDITIONAL ADDITIONAL CATEGORY AMOUNT FUNDING FUNDING FUNDING NEW TOTAL 11/16/2021 2/1/2022 5/17/22 This Action Construction $360,183.00 $360,183.00 Contract Construction Administration, $54,027.50 $50,000 $50,000 $154,027.50 Inspection, Testing Contingencies $180,000.00 $1,105,789.50 $1,950,000 $950,000 $4,185,789.50 Total $594,210.50 $1,105,789.50 $2,000,000 $1,000,000 $4,700,000.00 City Council 9-6 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Blanket Order Contract Award for Water Meters and Related Miscellaneous Supplies AGENDA TITLE Award a Blanket Order Contract to Aqua -Metric Sales Company for Water Meters and Related Supplies in an Annual Amount Not to Exceed $500,000 (Specification No. 22- 131) (Non -General Fund) RECOMMENDED ACTION Award a blanket order contract to Aqua -Metric Sales Company for water meters and supplies for an annual amount not to exceed $500,000, for a one-year term beginning October 4, 2022 and expiring October 3, 2023, with four one-year renewal options, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION The Public Works Agency's Water Resources Division provides potable water to approximately 46,000 customer accounts, which includes all of the City's businesses, institutions, and its approximately 310,000 residents. The proposed contract award will provide City staff the ability to purchase Sensus USA water meters and associated supplies. As new customer accounts are added or replacement meters are needed, City crews need the ability to install hardware that is compatible with the automated metering infrastructure (AMI) system currently being deployed. Aqua -Metric Sales Company is the sole distributor for the Sensus USA products, parts and services in the State of California. As a result, staff recommends Council approval of the recommended action to award a blanket order contract to Aqua -Metric Sales Company. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds in the amount of $375,000 are available in the current Fiscal Year 2022-23 budget and will be budgeted in future years in the Water Meter Services, Machinery & Equipment (Account No. 06017646-66400) as shown below. City Council 10 — 1 10/4/2022 Blanket Order Contract for Water Meters October 4, 2022 Page 2 Accounting Unit- Fund Accounting Unit — Fiscal Year Account No. Description Account No. Amount Description 2022-23 Water Meter $375,000 (Oct -June) 06017646-66400 Water Fund Services, Machinery & Equipment Water Meter $500,000 2023-24 06017646-66400 Water Fund Services, Machinery & Equipment Water Meter $500,000 2024-25 06017646-66400 Water Fund Services, Machinery & Equipment Renewal Op tions (Two 1-Year Term Water Meter $500,000 2025-26 06017646-66400 Water Fund Services, Machinery & Equipment Water Meter $500,000 2026-27 06017646-66400 Water Fund Services, Machinery & Equipment 2027-28 Water Meter $125,000 (July to Oct) 06017646-66400 Water Fund Services, Machinery & Equipment Total: $2,500,000 EXHIBIT(S) 1. Price List Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 10 — 2 10/4/2022 EXHIBIT 1 Aqua 414 Metric City of Santa Ana Kathia Reyes Aqua -Metric Sales Company is pleased to offer you the following prices on Sensus Metering System products. Description Price ea. Price ea. w/ tax 5/8"x 3/4" Ally $318.60 $348.07 3/4" SL Ally $318.60 $348.07 1" iPERL $153.41 $167.60 1 1 /2" OMNI R2 TR/PL $349.41 $381.73 2" OMNI R2 TR/PL $412.94 $451.14 3" OMNI C2 TR/PL $1,390.02 $1,518.60 4" OMNI C2 TR/PL $2,337.88 $2,554.13 6" OMNI C2 TR/PL $4,036.66 $4,410.05 MXU 520-M SP $80.40 $87.84 Sensus Security Drive Socket $24.30 $26.55 3096 Mini Reader $591.40 $646.10 Any additional parts or products will be 25% off published list price. Prices are firm through October 31, 2023. Full freight allowed on orders of more than $20,000.00. Terms are Net 30 days. Tax not included. If modifications in meter materials or processing are required to meet new regulations, the pricing submitted is subject t immediate change. Thank you for your interest in quality products by Sensus. We appreciate your business. City Council 10 — 3 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Purchase of Sports Lighting with Related Supplies and Services AGENDA TITLE: Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $3,042,449 to Musco Sports Lighting, LLC, for LED Sports Lighting with Related Supplies and Services (Specification No. 22-114) (Project Nos. 22-2754, 22-2756 & 22-2769) (General and Non -General Fund) RECOMMENDED ACTION 1. Authorize a one-time purchase order to Musco Sports Lighting, LLC for the purchase of LED sports lighting, including light -structure systems, light controls, removal and disposal of existing equipment, and installation services, for Memorial Park, Thornton Park and the Dan Young Soccer Complex (DYSC), in the amount of $3,042,449, plus a contingency of $384,751, for a total amount not to exceed $3,427,200, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an Appropriate Adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (Requires five affirmative votes) DISCUSSION The Public Works Agency's Parks Maintenance Division is responsible for maintaining and repairing various parks and facilities. Staff evaluated the condition of sports lighting at various athletic fields and are requesting the following improvements in order to maximize the use of these facilities. • At Memorial and Thornton Park, the park lights are beyond their life expectancy, and replacement parts for repairs have become obsolete and difficult to obtain. Staff recommends replacing the old fixtures, poles, conduits, and electrical cabinets with more efficient Musco LED fixtures and necessary equipment. The new system comes with a 25-year warranty, saving the City maintenance costs for many years. City Council 11 — 1 10/4/2022 Purchase of LED Sports Lighting October 04, 2022 Page 2 DYSC is a popular soccer facility that is heavily utilized, especially after dusk. The light fixtures at field numbers 2, 3, and 4 are old 1500-watt Metal Halide that are not efficient and are expensive to maintain. Staff proposes to retrofit the existing lights with Musco LED fixtures that are more energy efficient and comes with a 25- year warranty, providing energy efficient lighting, and creating safer playing fields. DYSC field number 1 is getting a new synthetic turf installed and the Parks, Recreation and Community Services Agency (PRCSA) is requesting to install sport lights to make use of the field after dusk. Staff proposes to install Musco LED sport light fixtures and equipment with a 25-year warranty. Remaining contingency monies will be used for betterment of lighting upgrades. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell awarded a contract to Musco Sports Lighting, LLC (Contract No. 071619-MSL) as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to Musco Sports Lighting, LLC, allows the City to make purchases through August 27, 2023, and is in accordance with the City's existing Purchasing Guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT With the approval of the requested appropriation adjustment to recognize $1,020,838 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account (No. 31313002-50001) and appropriate the same amount into the Residential Development District 3, Building improvements expenditure account (No. 31313260-66200), the total funding will be available in the following accounts for the full cost of $3,427,200 to deliver these projects. Fiscal Accounting Fund Accounting Unit, Year Unit -Account # Description Account Amount Description Appropriation Adjustment Acquisition & PRCSA Youth 2022- 31313260-66220 Development- Services- $1,020,838 23 (22-2769) District 3 Fund Improvements Other Than Building TOTAL $1,020,838 City Council 11 —2 10/4/2022 Purchase of LED Sports Lighting October 04, 2022 Page 2 Fiscal Accounting Fund Accounting Unit, Year Unit -Account # Description Account Amount Description ExistingProject Budget Cannabis PRCSA Youth 2022- 01213020-66220 Public Benefit Services- $260,000 23 (22-2756) Fund Improvements Other Than Building Parks PRCSA Youth 2022- 01117651-66220 Maintenance Services- $400,000 23 (22-2756) Services Improvements Other Enhancement Than Building Park PRCSA Youth 2022- 05113263-66220 Improvement Services- $418,200 23 (22-2754) Fund Improvements Other Than Building PRCSA Youth 2022- 01213020-66220 PRCSA Youth Services- $500,000 23 (22-2754) Services Fund Improvements Other Than Building Parks PRCSA Youth 2022- 01117651-66220 Maintenance Services- $584,000 23 (22-2754) Services Improvements Other Enhancement Than Building Parks PRCSA Youth 2022- 01117651-66220 Maintenance Services- $234,162 23 (22-2769) Services Improvements Other Enhancement Than Building PRCSA Youth 2022- 02213200-66220 PRCSA Fee & Services- $10,000 23 (22-2769) Donation Fund Improvements Other Than Building TOTAL $2,406,362 GRAND TOTAL $3,427,200 Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 11 — 3 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Purchase of Eighteen Ford Interceptor Utility SUVs for the Police Department AGENDA TITLE Approve Appropriation Adjustment and Award a Purchase Order in the Amount of $1,049,983 to National Auto Fleet Group for Eighteen Ford Interceptor Utility SUVs for the Police Department (Specification No. 22-127) (Non -General Fund) RECOMMENDED ACTION 1. Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of eighteen Ford Interceptor Utility SUVs, of which includes three K-9 build with rear air option, in the amount of $1,029,983, plus a contingency of $20,000, for a total amount not to exceed $1,049,983, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment recognizing $1,525,024 in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item and anticipated FY22-23 replacement vehicle expenditures. (Requires five affirmative votes) DISCUSSION The Public Works Agency's Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Santa Ana Police Department (SAPD) has a fleet of 245 vehicles, and 137 of these vehicles are patrol vehicles assigned to the Patrol Division and Canine Unit of the Field Operations Bureau. SAPD uses Ford Police Interceptor vehicles, similar to Ford Explorers, as the standard vehicle in Field Operations. The City's Vehicle Replacement Policy provides guidelines and criteria for determining when a vehicle needs replacement. The Equipment Lifecycle Guidelines include the replacement of all police patrol vehicles every four years or every 80,000 miles. This recommended replacement schedule is based on the constant use and high mileage put on these vehicles, damage from any accidents, and hard driving conditions encountered by many police patrol vehicles. These new Interceptor Utility SUVs will replace fifteen vehicles within the Patrol Division and three vehicles assigned to the Canine Unit originally purchased in 2018. In order to City Council 12 — 1 10/4/2022 Purchase of Eighteen Ford Interceptor Utility SUVs October 4, 2022 Page 2 maintain the safety of the patrol officers and the public, the continued use of older vehicles is not recommended. Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance) awarded a contract to National Auto Fleet Group (Contract No. 091521- NAF) for procurement of Cars, Trucks, Vans, SUVs, Cab Chassis, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through November 8, 2025, and is in accordance with the City's existing Purchasing Guidelines. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT With the approval of the requested appropriation adjustment, $1,525,024 will be recognized in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account (No. 07017002-50001) and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account (No. 07017100-66400). The funds will be budgeted and available for this item and other unanticipated FY 2022-23 replacement vehicle expenditures. Fiscal Accounting Unit- Fund Accounting Unit - Amount Year Account No. Description Account Description Equipment Equipment 2022-23 07017100 66400 Replacement Replacement,Machinery and $1,525,024 Fund Equipment Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 12 — 2 10/4/2022 Police Department www.santa-ana.org/pd Item # 13 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Selective Traffic Enforcement Program Grant Funds AGENDA TITLE: Appropriation Adjustment and Agreement Accepting $580,000 from the State Office of Traffic Safety for Selective Traffic Enforcement Program (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with the State of California - Office of Traffic Safety for the Selective Traffic Enforcement Program, for a one-year period beginning October 1, 2022 through September 30, 2023, in an amount not to exceed $580,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment accepting $580,000 in the Office of Traffic Safety, Federal Grant -Indirect revenue account (no. 16514002-52001) and appropriate same to the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various). (Requires five affirmative votes) DISCUSSION The Santa Ana Police Department has been awarded $580,000 in grant funding from the State of California, Office of Traffic Safety (OTS) under the Selective Traffic Enforcement Program (STEP). This one-year agreement covers the program period from October 1, 2022 through September 30, 2023. The goal of OTS STEP is to reduce the number of fatalities and injuries in crashes involving alcohol, drug, speed, red-light violations, distracted driving, and other primary collision factors. To accomplish these goals, the program will fund both education and enforcement activities. The enforcement activities will follow proven "best practice" strategies and will be conducted on an overtime basis. The funded strategies will include Driving Under the Influence (DUI) checkpoints, DUI saturation patrols, as well as DUI enforcement operations in collaboration with neighboring cities to apprehend impaired drivers. The program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement. City Council 13 — 1 10/4/2022 Selective Traffic Enforcement Program Grant Funds October 4, 2022 Page 2 The educational portion of the grant will include funding for Police Department staff to facilitate multi -media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs that are already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the appropriation adjustment will recognize $580,000 in the Office of Traffic Safety -Federal Grant -Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414- various) for projected expenditures as follows: Fiscal Accounting Unit Fund DescriptionAccounting Unit, Amount Year - Account No. Account Description FY 22-23 16514414- Office of Traffic Selective TrafficEnforcement, $440,705 (Oct. -June) Various Safety Grant Various FY 23-24 16514414- Office of Traffic Selective TrafficEnforcement, $139,295 (July -Sept.) Various Safety Grant Various Total $580,000 The amounts shown in each fiscal year are estimates only. Any unspent grant funds at the end of FY 2022-23 will be carried forward for expenditure in the subsequent fiscal year. EXHIBIT 1. Grant Agreement with Office of Traffic Safety Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 13 — 2 10/4/2022 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit 1 GRANT NUMBER PT23066 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Santa Ana From: 10/01/2022 To: 09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT Santa Ana Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $580,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and Method of Procedure • Schedule B — Detailed Budget Estimate and Sub -Budget Estimate (if applicable) • Schedule B-1 — Budget Narrative and Sub -Budget Narrative (if applicable) • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual • Exhibit C — Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: Phil Craft NAME: Kristine Ridge TITLE: Commander TITLE: City Manager EMAIL: peraft@santa-ana.org EMAIL: kridge@santa-ana.org PHONE: (714) 245-8273 PHONE: (714) 647-5200 ADDRESS: 60 Civic Center Plaza ADDRESS: 60 Civic Center Plaza PO Box 1981 PO Box 1981 Santa Ana, CA 92702 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Alexander Trinidad NAME: Barbara Rooney TITLE: Assistant Dir of Finance and Management Svcs (MM) TITLE: Director EMAIL: atrinidad@santa-ana.org EMAIL: barbara.rooney@ots.ca.gov PHONE: (714) 647-5295 PHONE: (916) 509-3030 ADDRESS: 20 Civic Center Plaza ADDRESS: 2208 Kausen Drive, Suite 300 PO Box 1981 Elk Grove, CA 95758 Santa Ana, CA 92702 (Signature) (Date) (Signature) (Date) City Council 13-3 10/4/2022 9/19/2022 11:18:48 AM Page 1 of 17 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: KZE9G2M4GRX9 ADDRESS: 2208 Kausen Drive, Suite 300 REGISTERED Elk Grove, CA 95758 ADDRESS: 20 Civic Center PLZ FL 8 CITY: Santa Ana Zip+4: 92701-4058 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES 164AL-23.1 20.608 0521-0890-101 2021 21/21 BA/21 $400,000.00 402PT-23 1 20.600 1 0521-0890-101 1 2022 43/22 1 BA/22 $180,000.00 AGREEMENT $580,000.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $580,000.00 I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and PRIOR AMOUNT ENCUMBERED FOR THIS purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $580,000.00 Attest APPROVED AS TO FORM RECOMMENDED FOR APPROVAL quu TAMARA BOGOSIAN DAVID VALENTIN Clerk of the Council Sr. Assistant City Attorney Chief of Police Type to City Council 13-4 10/4/2022 9/19/2022 11:18:48 AM Page 2 of 17 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT23066 Schedule A 1. PROBLEM STATEMENT The City of Santa Ana is a dynamic and diverse city. It is the County Seat and hub within Orange County, drawing hundreds of thousands of persons in the city on a daily basis. With landmarks like Bower's Museum, Orange County School of the Arts (OCSA), California State University, Fullerton (CSUF) Grant Central Art Center, it is a popular destination for art aficionados and students. The Downtown Santa Ana Historic District has become a popular destination on weekend nights. New restaurants and bars continue to open their doors to welcome patrons. This influx of patrons has greatly increased the number of drivers in the downtown area during evening hours, many of whom have been consuming alcoholic beverages. The City of Santa Ana is home to an estimated 322,725 residents. Within the City of Santa Ana, there are approximately 477 miles of local, arterial, and collector roadways. The City employs approximately 359 sworn Police Officers, fielded in either Patrol, Investigations, or Traffic assignments. The Santa Ana Police Department has 22 sworn Police Officers assigned to the Traffic Division. These numbers include (2) Sergeants, (3) Corporals, and (14) Police Officers. (3) sworn Police Officers are as Crash Investigators and are not regularly fielded for the purpose of traffic enforcement. There are (13) Motor Officers assigned to the Traffic Division who are tasked with daily traffic enforcement and crash investigation. In 2019 there were 18 fatal traffic crashes. In 2020 there were 23 fatal traffic crashes. In 2021 there were 23 fatal traffic crashes respectively. Many of these fatal traffic crashes have been the result of alcohol and/or drug -related vehicle crashes and pedestrian crashes. Injury crashes have increased from 1170 in 2020 to 1350 in 2021, a trend the department hopes ceases with continued funding for enforcement efforts. Nearly one-half of all injury traffic crashes were caused by three primary crash factors (PCFs); unsafe speed, automobile right-of-way violations, and traffic signals & signs violations. Our city has committed itself to traffic safety. In a recently published five-year strategic plan, traffic safety was outlined to be a top priority, specifically as it relates to education and enforcement. In response, the Traffic Division has dedicated itself to participating in education programs, targeting all children and adults alike. The Traffic Division has hired personnel to focus on these efforts specifically. Through our work in education, both grant -funded and internally funded measures, we hope to prevent the tragic consequences of unsafe drivers, pedestrians, and impaired drivers. The educational efforts, in conjunction with ardent enforcement activities, will have a positive effect on our community and make the City of Santa Ana safer for everyone. As part of other traffic safety measures, the City of Santa Ana will focus efforts on bicycle safety intended to reduce the number of bicyclists injured or killed in traffic crashes. Bicycle safety measures taken by providing bicycle helmets and informational events for the community will reduce bike crashes and other bicycle related injuries. During the year 2021, we had three bicyclists involved in a fatal traffic crash and had a total of 106 bicyclists injured in traffic crashes. In FY2023, we hope to reduce bicycle safety threats in the city and to accomplish this we aim to do the following: • Issue and properly fit helmets, distribute reflective arm bands as available and lights to reduce the number of bicyclists riding in our community without properly fit equipment while increasing their visibility among drivers. • The ways we will distribute the equipment may include: • At a bicycle safety events generally held at Teen Centers, schools, city parks, apartment complexes, mobile home parks, PD/substation, or Community Centers. • At the Police Department booth at City-wide special events (e.g., National Night Out). All of our major events have free bike parking. This is another area where staff will connect with folks who may arrive without the proper safety equipment. _ dividual �ityc r c I as a result of another incident. 9/19/2022 11:18:48 AM Page 3 of 17 • Education and outreach efforts have been made at apartment complexes, mobile home parks, Santa Ana Unified School District Schools and Charter Schools. In addition, we coordinate and partner with agencies to provide events such as Bike to School, Walk to School, National Night Out, and various City and Police events. During these events we provide bike lights and/or reflective bracelets and bicycle/ helmet safety literature and distribute helmets. Bicycle safety efforts have yielded the following so far, and we plan to continue these efforts: • Schools attended: 39 / Community Contacts: 8,719 • City -Wide Events: 37 / Community Contacts: 9,117 • Bike Rodeos: 4 • Helmets Distributed: 203 • Wristbands Distributed: 600 • Bike Lights Distributed: 600 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol -involved crashes. 8. Reduce the number of persons injured in alcohol -involved crashes. 9. Reduce the number of persons killed in drug -involved crashes. 10. Reduce the number of persons injured in drug -involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo -involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo -involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The 1 kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Distribute and properly fit bicycle helmets at no cost to community members in 190 need, at bicycle rodeos, schools, workshops, and community events. 3. Purchase bicycle helmets. 190 4. Participate and report data (as required) in the following campaigns; Quarter 1: 10 National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 5. Develop (by December 31) and/or maintain a "DUI BOLO" program to notify patrol 12 and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety 4 Testing SFST minimum 16 hours POST -certified training. 7. Se i �REcpment personne tote cRoadside Impaired10 4/2022 2 Drivin enforcement (ARIDE) 16 hour POST -certified training. 9/19/2022 11:18:48 AM Page 4 of 17 8. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 2 9. Send law enforcement personnel to the DRE Recertification training. 2 10. Send law enforcement personnel to SFST Instructor training. 1 11. Send law enforcement personnel to DRE Instructor training. 1 12. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted 9 during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre -approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 13. Conduct DUI Saturation Patrol operation(s). 55 14. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to 4 appear in court. 15. Conduct Traffic Enforcement operation(s), including but not limited to, primary 63 crash factor violations. 16. Conduct highly publicized Distracted Driving enforcement operation(s) targeting 8 drivers using hand held cell phones and textin . 17. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or 2 during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 18. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in 12 areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 19. Conduct Traffic Safety educational presentation(s) with an effort to reach 10 community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 20. Conduct Know Your Limit campaigns with an effort to reach members of the 3 community. 21. Conduct Advanced Roadside Impaired Driving Enforcement (ARIDE) POST- 1 certified trainings for law enforcement officers. Training consists of 16 hours of classroom training. 22. Conduct Standardized Field Sobriety Testing (SFST) POST -certified trainings 16 1 hour minimum for law enforcement officers. 23. Participate in highly visible collaborative DUI Enforcement operations. 5 24. Participate in highly visible collaborative Traffic Enforcement operations. 4 25. Send law enforcement personnel to DUI Checkpoint Planning and Management 2 training. 26. Conduct specialized enforcement operations focusing specifically on street racing 4 and sideshow activities. 3. METHOD OF PROCEDURE A. Phase 1 — Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • All training needed to implement the program should be conducted this quarter. • All grant related purchases needed to implement the program should be made this quarter. • In order to develop/maintain the "DUI BOLOs," research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, I. DUI �C 8Id be updated and distributed to tral c7arid patrol officers at leastlM64q .2 9/19/2022 11:18:48 AM Page 5 of 17 • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. • Media Reguirementslssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO. B. Phase 2 — Program Operations (Throughout Grant Year) • The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant -related activities: • Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant -related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator. • Pre -approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public. • If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated. • Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time -sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant -related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.). • Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with "INTERNAL ONLY: DO NOT RELEASE" message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date. • Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant -related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval. • Su rnot a draft or rough -cut of all digital rn intpd, rPcordpd or video material (hrochiirPs_-Posters, @*t )Goarhwbrk, trailer graphics, diqital graphicsl 3osigl posts connected to ant& i202Q paid 9/19/2022 11:18:48 AM Page 6 of 17 media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant -funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format -appropriate logos, or if space does not permit the use of the OTS logo. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant -related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant - related event or program. Media and program highlights are to be reflected in APRs. • Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year. • Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. City Council 13 — 9 10/4/2022 9/19/2022 11:18:48 AM Page 7 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT23066 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-23 20.608 Minimum Penalties for Repeat $400,000.00 Offenders for Driving While Intoxicated 402PT-23 20.600 State and Community Highway $180,000.00 Safety COST CATEGORY FUND NUMBER UNIT COST OR RATE f UNITS l f TOTAL COST TO l GRANT A. PERSONNEL COSTS Straiqht Time $0.00 Overtime DUI/DL Checkpoints 164AL-23 $12,200.00 9 $109,800.00 DUI Saturation Patrols 164AL-23 $4,705.00 55 $258,775.00 Warrant Service Operations 164AL-23 $2,350.00 4 $9,400.00 Collaborative DUI Enforcement 164AL-23 $1,300.00 5 $6,500.00 Know Your Limit 164AL-23 $1,550.00 3 $4,650.00 SFST/ARIDE/DRE Instruction 164AL-23 $7,000.00 1 $7,000.00 Traffic Enforcement 402PT-23 $1,500.00 63 $94,500.00 Distracted Driving 402PT-23 $1,650.00 8 $13,200.00 Motorcycle Safety 402PT-23 $1,650.00 2 $3,300.00 Pedestrian and Bicycle Enforcement 402PT-23 $1,850.00 12 $22,200.00 Street Racing and Sideshow Enforcement Operations 402PT-23 $3,600.00 4 $14,400.00 Collaborative Traffic Enforcement 402PT-23 $1,400.00 4 $5,600.00 Traffic Safety Education 402PT-23 $785.00 10 $7,850.00 Category Sub -Total $557,175.00 B. TRAVEL EXPENSES In State Travel 402PT-23 $4,480.00 1 $4,480.00 $0.00 Category Sub -Total $4,480.00 C. CONTRACTUAL SERVICES $0.00 Category Sub -Total $0.00 D. EQUIPMENT $0.00 Category Sub -Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-23 $3,875.00 1 $3,875.00 Bicycle Helmets 402PT-23 $8.00 190 $1,520.00 Bicycle Safety Items 402PT-23 $1,600.00 1 $1,600.00 Lidar Device 402PT-23 $2,270.00 5 $11,350.00 Category Sub -Total $18,345.00 F. INDIRECT COSTS City Council 1 113-10 1 10/4/2022 $0.00 9/19/2022 11:18:48 AM Page 8 of 17 Category Sub -Total $0.00 GRANT TOTAL $580,000.00 City Council 13 —11 10/4/2022 9/19/2022 11:18:48 AM Page 9 of 17 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT23066 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Warrant Service Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - On -scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000(including tax and shipping). Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS. City Council 13 — 12 10/4/2022 9/19/2022 11:18:48 AM Page 10 of 17 Bicycle Safety Items - Safety items such as bicycle headlights/taillights, reflectors, and reflective arm and leg bands to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Additional items may be purchased if approved by OTS. Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping. INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this "agreement" shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and obiectives here under. City Council 13 — 13 10/4/2022 9/19/2022 11:18:48 AM Page 11 of 17 State of California — Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PT23066 Exhibit A CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS • 23 U.S.C. Chapter 4 - Highway Safety Act of 1966, as amended • Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 • 23 CFR part 1300 - Uniform Procedures for State Highway Safety Grant Programs • 2 CFR part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 2 CFR part 1201 - Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally -funded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38; Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100). The SubgraiCouncil 13 - 14 10/4/2022 9/19/2022 11:18:48 AM Page 12 of 17 • Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally -assisted; • Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance; • Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT's or NHTSA's access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority; • Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non -Discrimination Authorities and this Assurance; • Agrees to insert in all contracts and funding agreements with other State or private entities the following clause: o "During the performance of this contract/funding agreement, the contractor/funding recipient agrees — a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time; b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub -agreement, that receives Federal funds under this program. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug -free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug -free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will — 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in t Lr OUIN unce IaUc riu IdLUI milli iive uayZj dILUI �� ii U�I�VIULIUII, /4/2022 d. Notiiyl�ig he agency within ten days after receiving notice under subparagraph (c,' from an 9/19/2022 11:18:48 AM Page 13 of 17 employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted — l. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 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 sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, 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. RESTRICTION ON STATE LOBBYING (applies to all subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to ity oun i 13 — 16 10/4/2022 9/19/2022 11:18:48 AM Page 14 of 17 Instructions for Primary Tier Participant Certification (States) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. 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. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Tier Covered Transactions (1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded - (b) HavW'hbNMtfliVr'a three-year period preceding this ph3posdl been convicted of or HNni-44lf nudgment 9/19/2022 11:18:48 AM Page 15 of 17 rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (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 (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 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 lower tier participant 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 or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, 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 lower tier participant further agrees by submitting this proposal that it will include the clause titled "Instructions for Lower Tier Participant Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 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 proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 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 proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, incl it ounce 13 — 18 10/4/2022 9/19/2022 11:18:48 AM Page 16 of 17 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA ACT (applies to all subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company -owned, rented, or personally -owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company -owned or rented vehicles, Government -owned, leased or rented vehicles, or privately -owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. City Council 13 — 19 10/4/2022 9/19/2022 11:18:48 AM Page 17 of 17 Police Department www.santa-ana.org/departments/police/ Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Agreements for Law Enforcement Psychological Services AGENDA TITLE: Approve Agreements with The Counseling Team International, Eric Gruver, Ph.D., and Susan Saxe -Clifford, Ph.D. for Law Enforcement Psychological Services (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with The Counseling Team International for law enforcement psychological services, in an amount not to exceed $78,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to execute an agreement with Eric Gruver, Ph.D. for law enforcement psychological services, in an amount not to exceed $30,000 for a three- year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. 3. Authorize the City Manager to execute an agreement with Susan Saxe -Clifford, Ph.D. for law enforcement psychological services, in an amount not to exceed $12,000, for a three-year period beginning October 4, 2022 through September 30, 2025, with an option for two, one-year extensions, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department utilizes contract psychologists to provide pre- employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation. The Department currently has agreements with The Counseling Team International (TCTI), Eric Gruver, Ph.D. and Susan Saxe -Clifford, Ph.D. for the provision of these services. All of these agreements expire on September 30, 2022. On July 12, 2022, the Police Department issued Request for Proposals (RFP) No. 22-081 for Psychological Evaluation and Counseling Services. The City received proposals from City Council 14 — 1 10/4/2022 Law Enforcement Psychological Services Agreements October 4, 2022 Page 2 seven firms. An evaluation committee reviewed and rated the proposals for the following criteria: • Responsiveness to RFP (15%) • Experience of Firm Personnel (50%) • Cost of Proposal (25%) • References (10%) The results of the RFP evaluation are as follows: Proposer Location Score The Counseling Team International San Bernardino, CA 473 Eric Gruver, Ph.D. Santa Ana, CA 457 Susan Saxe -Clifford, Ph.D. Encino, CA 440 Psychological Consulting Associates, Inc. Los Angeles, CA 406 Tele Help Wilmington, DE 158 True Care Tampa, FL 85 Casa de la Familia Santa Ana, CA 75 500 Points Possible TCTI, Dr. Gruver, and Dr. Saxe -Clifford presented the most responsive and cost effective proposals. TCTI will provide approximately sixty-five percent of the requested services in the form of pre -employment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation to the Santa Ana Police Department. The three-year agreement will cover the period of October 4, 2022 through September 30, 2025 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to TCTI will be based on actual usage of services and will not exceed $78,000. TCTI does not provide court testimony or fitness for duty evaluations. Dr. Gruver will provide approximately twenty-five percent of the requested services and Dr. Saxe -Clifford will provide approximately ten percent in the form of pre -employment screenings, court testimony, and fitness for duty evaluations. Both consultants have provided satisfactory psychological services to the Santa Ana Police Department for several years. Each three-year agreement will cover the period of October 4, 2022 through September 30, 2022 with an option for two, one-year extensions. Services provided during the first four days of October are included in the agreement. The total actual payments to Dr. Gruver and Dr. Saxe -Clifford will be based on actual usage of services and will not exceed $30,000 and $12,000, respectively. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 14 — 2 10/4/2022 Law Enforcement Psychological Services Agreements October 4, 2022 Page 3 FISCAL IMPACT Funds for these agreements are available and will be budgeted in future fiscal years for expenditure as follows: Fiscal Year Accounting Unit Fund Description Accounting Unit, Amount — Account No. Account Description FY 22-23 01114402-62300 General Fund Human Resources, $ 30,000 (Oct. -June) Contract Services FY 23-24 01114402-62300 General Fund Human Resources, $ 40,000 (July -June) Contract Services FY 24-25 01114402-62300 General Fund Human Resources, $ 40,000 (July -June) Contract Services FY 24-25 01114402-62300 General Fund Human Resources, $ 10,000 (July -Sept.) Contract Services Total $120,000 EXHIBIT(S) 1. Agreement with The Counseling Team International 2. Agreement with Dr. Eric Gruver 3. Agreement with Dr. Susan Saxe -Clifford Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager City Council 14 — 3 10/4/2022 Exhibit 1 AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between Nancy K. Bohl, Inc., a California corporation dba The Counseling Team International, ("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 July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant having special skill and knowledge in the field of providing psychological evaluation and counseling services for the City's Police Department. B. The City received numerous responses to the RFP. Consultant is one of the three parties 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 the RFP and attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 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 psychological evaluation services described and set forth in 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 Exhibit B. The total sum to be expended under this Agreement shall not exceed $78,000. 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 14 — 4 10/4/2022 3. TERM This Agreement shall commence on October 4, 2022, and continue through September 30, 2025, with the option the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City shall recognize any services provided since October 1, 2022. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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. 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 aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (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 $13000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification they have no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Cons ultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 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 Page 2 of 9 City Council 14 — 5 10/4/2022 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: 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 2010 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 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. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 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. 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. 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. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: Page 3 of 9 City Council 14 — 6 10/4/2022 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. 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. 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 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 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. 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. 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. G. 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 Page 4 of 9 City Council 14 — 7 10/4/2022 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. 7. 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. 8. 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. 9. 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. 10. 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 Page 5 of 9 City Council 14 — 8 10/4/2022 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. 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. 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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. 14. 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 Page 6 of 9 City Council 14 — 9 10/4/2022 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15. 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. 16. 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. 17. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 Page 7 of 9 City Council 14 — 10 10/4/2022 To Consultant; Nancy K. Bohl, Inc. dba The Counseling Team International 1881 Business Center Drive Suite 11 San Bernardino, CA 92408 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements :for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 8 of 9 City Council 14 —11 10/4/2022 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Tamara Bogoslan Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: Page 9 of 9 City Council 14 — 12 10/4/2022 EXHIBIT A SCOPE OF SERVICES City Council 14 — 13 10/4/2022 (9) I. SCOPE OF SERVICES 4 a a .i .a: EXHIBIT 1 SCOPE OF SERVICES The City of Santa Ana is seeking a professional and experienced company to pre -employment Psychological evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to: A. Complete Pre -Employment Psychological Evaluations Perform a complete pre -employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department. A complete pre -employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment. Consultant shall: Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre -scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. 2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail. 4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre -employment peace officer evaluations. The initial CPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST -approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist RFP No. 22-081 Psychological Evaluation and Counseling Services Page 98 of 36 City Council 14 — 14 10/4/2022 (9) CITY OF SANTA ANA began conducting peace officer evaluations. B. Complete Post -Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post -traumatic psychological evaluation. A complete past -traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post -traumatic counseling. Consultant shall provide: 1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident. 2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s). 3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s). 4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident. 5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session. B. At the direction and with consent of City's Police Department, similar post -traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of 36 City Council 14 — 15 10/4/2022 (9) CITY OF SANTA ANA C. Review of Fitness for Duty Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee's psychological fitness for duty, when so directed by the City. Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate. 2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question. Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties. D. Crisis Intervention Counseling Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. Consultant shall: 1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. E. Crisis Incident Stress Management The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post -incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall: 1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 City Council 14 — 16 10/4/2022 (9) CITY OF SAiVTA AM,A, stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being. 2. Hold a post -critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employee's end of watch. 3. Facilitate post -incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical. F. Consultation Services On -call status is required to respond to criminal incidents such as SWAT call -outs or major investigations as requested. Consultant shall: 1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects. 2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect. G. Psychological Training Services Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall: 1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 29 of 36 City Council 14 — 17 10/4/2022 EXHIBIT B COMPENSATION (RATES) City Council 14 — 18 10/4/2022 Exhibit B Cost Proposal TCTI understands proposals are valid for a minimum of one hundred eighty (180) days following proposal deadline. TCTI understands the cost for developing the Proposal is the sole responsibility of TCTI. TCTI understands all property of the City. Upon the initial and subsequent anniversary dates of the Contract the fees shall increase by 5% for all services outlined in the contract TCTI shall provide the following services: A. Follow-up/In-house Sessions - for employees involved in Critical Incidents at the rate of $150.00 per hour. B. Supervisor Referrals/Consultations - provide consultations with supervisors regarding problem employees at the rate of $150.00 per hour. C. Orientation — conduct an initial orientation for management concerning critical incident intervention and support services available at No charge. D. Promotional Materials — provide a electronic file for all literature for management, employees and their eligible dependents, i.e., brochures, flyers, supervisors handbooks, reference cards, etc... No Charge E. Provide Annual Confidential Counseling Sessions (Check -Ins) for Public Safety employees to assure the employee is addressing the importance of their emotional and mental welfare at the rate of $150.00 per hour. F. Critical Incident Intervention - provide Stand -By -Status (SBS) 24/71365 on -call Critical Incident Stress Management Services at the rate of $275.00 per hour port -to -port. G. Hostage Negotiation Assistance — provide Stand -By -Status (SBS) 24/7/365 Hostage Negotiation Assistance at the rate of $275.00 per hour port -to -port. H. Pre -Employment Psychological Testing (non -sworn) — provide testing for pre -hire Non -Sworn Police applicants. This service will be billed at a rate of $350.00 per applicant. Pre -Employment Psychological Testing (sworn) - provide testing for pre -hire Sworn Police applicants. This testing includes the COPS-R Test. This service will be billed at a rate of $375.00 per applicant. TRAINING: Training — provide a wide variety of training classes. $175.00 per hour + $65.00 per hour for travel 24 participant minimum if hosting a training. The training can be opened to outside agencies 3-Day Basic Peer Support: (POST Plan 111) $299.00 per student Dj City Council 14 — 19 10/4/2022 2-Day Basic Critical Incident Stress Management (CISM) (ICISF Certified & POST Plan IV) 2-Day Advanced Peer Support (ICISF Certified & POST Plan IV) Peer Support Consultation: Peer Support Meeting (Quarterly): Peer Support Candidate interviews; $199.00 per student $199.00 per student $150.00 per hour $175.00 per hour + $65.00 per hour for travel $175.00 per hour + $65.00 per hour for travel Meditation Course: This is a 6 week online self -paced course that teaches the how, the why, the when, and the benefits of meditation at the rate of $50.00 per person. Retire Well Course: This course is for First Responders who have retired in the last 5 years or are planning to retire within 5 years. This course will provide tools to rediscover their identity, purpose, security, and acceptance upon retirement as well as improve quality of life and adaption, making the unknown known at the rate of $750.00 per person. Retreats: Reflection and Restoration (Peer Support Retreat): The R&R Retreat combines insight, education, and a fluid systemic approach designed to debrief, and to bring relief, peace, and purpose back into daily living. The goal is to guide you on to a path of self -care and realistic goals that will improve your life, your job, and your family. At the rate of $2,000.00 per attendee. (2 1/2 Day Retreat) The Janus Project (Trauma Retreat): The Janus Project is designed to help those who have experienced traumatic events and/or have been affected by personal difficulties during their career through workshops, therapy, and experiential activities. The experience will address sensory overload, fear, shock, nightmare, anger, disbelief, sleep problems, frustration and other unresolved issues. At the rate of $5,500.00 per attendee. (5 1/2 Day Retreat) Sage Retreat: The Sage retreat explores the cost and rewards of being the spouse/partner of a Frist Responder. This journey will help participants navigate the pride, confusion, fear, frustration, exhaustion, and lack of acknowledgment so often experienced for partners and spouses. The focus is to help guide participants on a path of self -care and realistic goals that will improve their life, marriage, and family by improving resiliency, conflict resolution skills, and personal restoration. At the rate of $3,500.00 per attendee. (31/z Day Retreat) Behavioral Care System Development: Project based or hourly consulting at the rate of $400.00 per hour TCTI will assess, present best practices, and partner with Santa Ana PD and/or Fire and/or DPEC to create, implement, provide, and monitor a comprehensive Behavioral Care System to effectively support personnel with their personal and departmental behavioral health and wellness needs. We will do this by establishing clear goals and a comprehensive solution based on the department's needs and aid with assessing, building, and implementing a Behavioral Care Assistance system, which may include the following: • Comprehensive assessment of current systems, protocols, algorithms, vendors, etc. 21 City Council 14 — 20 10/4/2022 Solutions and recommendations to adapt or overhaul system to ensure: • Usefulness and ease of use for all, • Confidentiality, 0 Speed and off iciency, 0 Absence from and Return to work protocols Outcome measures * Implementation alongside appropriate departmentslpersonnel/stakeholders a Ongoing monitoring to ensure success, including periodic evaluations and adjustments as needed. 22 City Council 14 — 21 10/4/2022 Exhibit 2 AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between Eric Gruver, Ph.D., ("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 July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-081 for the purpose of retaining a consultant having special skill and knowledge in the field of providing psychological evaluation and counseling services for the City's Police Department. B. The City received numerous responses to the RFP. Consultant is one of the three parties selected by the City. Consultant represents that he is able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein, C. In undertaking the performance of this Agreement, Consultant represents that he 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 psychological evaluation services described and set forth in 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 Exhibit B. The total sum to be expended under this Agreement shall not exceed $30,000, 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 14 — 22 10/4/2022 3. TERM This Agreement shall commence on October 4, 2022, and continue through September 30, 2025, with the option the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City shall recognize any services provided since October 1, 2022. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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. 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 Iimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate 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 S (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 they have 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, $2,000,000 aggregate. 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 Page 2 of 9 City Council 14 — 23 10/4/2022 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: 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 connection with such work or operations. General liability coverage can be provided in the forum of an endorsement to the Consultant'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 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. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 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. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. Tile 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. 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 ANII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: Page 3 of 9 City Council 14 — 24 10/4/2022 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. 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. 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 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 notwaive 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. 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, 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. 6. 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 I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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 Page 4 of 9 City Council 14 — 25 10/4/2022 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. 7. 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. 8. 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. 9. 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. 10. 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 de -Fined 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 Page 5 of 9 City Council 14 — 26 10/4/2022 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. 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. 12, 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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. 14. 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 Page G of 9 City Council 14 — 27 10/4/2022 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15, 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. 16. 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. 17. NOTICE Any notice, tender, dernand, 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 lust class or certified snail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O, Box 1998 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police Santa Ana Police Department 20 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 .Page 7 of 9 City Council 14 — 28 10/4/2022 To Consultant: Eric Gruver, Ph.D. 2021 E. Q `i' Street Suite 116 Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and. Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 8 of 9 City Council 14 — 29 10/4/2022 IN WffNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Kristine .Ridge Cleric of the Coiumcil City Mmiageir APPROVED AS TO FORM: SOMA R. CARVALi10 CONSUL N'T: City Attorney Tamara Bgosian Eric Craver, Ph.D. Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENT R Chief of Police Page 9 of 9 City Council 14 — 30 10/4/2022 EXHIBIT A SCOPE OF SERVICES City Council 14 — 31 10/4/2022 �J SCOPE OP:SERULCES:. 1. SCOPE OF SERVICES The City of Santa Ana is seeking a professional and experienced company to pre -employment psychological evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to: A. Complete Pre -Employment Psychological Evaluations Perform a complete pre -employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department. A complete pre -employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment, Consultant shall: Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre -scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. 2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability far the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. 3. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail. 4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre -employment peace officer evaluations. The initial CPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST -approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist RFP No. 22-081 Psychological Evaluation and Counseling Services Page 18 of 36 City Council 14 — 32 10/4/2022 0 CITE( OF SANTA ANA began conducting peace officer evaluations. B. Complete Post -Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post -traumatic psychological evaluation. A complete post -traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post -traumatic counseling. Consultant shall provide: 1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident. 2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s). 3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s). 4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident. 5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session. B. At the direction and with consent of City's Police Department, similar post -traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-061 Psychological Evaluation and Counseling Services Page 99 of 36 City Council 14 — 33 10/4/2022 0 CITY OF SANTA ANA C. Review of Fitness for Duty Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee's psychological fitness for duty, when so directed by the City. Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate. 2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question. Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties. D. Crisis Intervention Counseling Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. Consultant shall: 1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. E. Crisis Incident Stress Management The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post -incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall: 1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 City Council 14 — 34 10/4/2022 (9) CITY OF SANTA MINA stress (Le, child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being. 2. Hold a post -critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress, When necessary, such meetings shall be conducted prior to the affected employee's end of watch. 3. Facilitate post -incident group debriefings with affected employees following a critical incident, Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical. P. Consultation Services On -call status is required to respond to criminal incidents such as SWAT call -outs or major investigations as requested. Consultant shall: 1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects, 2, Assist in interpreting intelligence data in reference to criminal incidents and/or suspect. G. Psychological Training Services Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall: 1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 21 of 36 City Council 14 — 35 10/4/2022 EXHIBIT B COMPENSATION (RATES) City Council 14 — 36 10/4/2022 Exhibit B - Costs VI. Cost Proposal Total Cost Not to Exceed $96,000 over a 3-year period Service A. Pre -employment psychological evaluations Pricing _ — $450 per applicant 8. P.__ Y g Com late Past -Traumatic Ps cholo �ical lnlncident Evaluation 17 p $175 per hour C. Review of Fitness for Quty _... $175 per hour 0. Crisis Intervention Counseling 4 ' $175 per hour E. F. Critical Incident Stress Management Consultation Services $175 per hour 175 per hour G, Psychological Training Services $175 per hour H. Testimony in court and court preparation $250 per —hour- City Council 14 — 37 10/4/2022 Exhibit 3 AGREEMENT TO PROVIDE PSYCHOLOGICAL EVALUATION SERVICES FOR THE CITY OF SANTA ANA POLICE DEPARTMENT THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between Susan Saxe -Clifford, Ph.D., ("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 July 12, 2022, the City issued a Request for Proposal ("RFP") No. 22-091 for the purpose of retaining a consultant having special skill and knowledge in the field of providing psychological evaluation and counseling services for the City's Police Department. B. The City received numerous responses to the RFP. Consultant is one of the three parties selected by the City. Consultant represents that she is able and willing to provide the services described in the scope of work that was included in the RFP and attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. C. In undertaking the performance of this Agreement, Consultant represents that she 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 psychological evaluation services described and set forth in 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 Exhibit B. The total sum to be expended under this Agreement shall not exceed $12,000. 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 14 — 38 10/4/2022 3. TERM This Agreement shall commence on October 4, 2022, and continue through September 30, 2025, with the option the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 13, below. City shall recognize any services provided since October 1, 2022. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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. Coverage shall be at least as broad as: 1. Commereial 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 aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate 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 they have no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Cons ultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 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 Page 2 of 9 City Council 14 — 39 10/4/2022 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: 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 10 11 85 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 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, Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. 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. 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. 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. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: Page 3 of 9 City Council 14 — 40 10/4/2022 I . 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. 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. 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 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 Consultant's obligation to provide them.The City reserves the right to require complete, certified copies of all required insurance poIicies,including endorsements required by these specifications, at any time. Suhcontractors 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, 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. G, 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 Page 4 of 9 City Council 14 — 41 10/4/2022 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. 7. 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. S. 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. 9. 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. 10. 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 Page 5 of 9 City Council 14 — 42 10/4/2022 Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11. 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, 12. 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. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(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. 14. 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 Page 6 of 9 City Council 14 — 43 10/4/2022 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 15. 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. 16. 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. 17. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of .Police Santa Ana Police Department 20 Civic Center Plaza (M-97) P.O. Box 1981 Santa Ana, California 92702 Fax: 714-245-8090 Page 7 of 9 City Council 14 — 44 10/4/2022 To Consultant: Susan Saxe -Clifford, Ph.D. 16350 Ventura Blvd. Suite 603 Encino, CA 91436 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 18. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs 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, The Agreement is the final and complete, agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 8 of 9 City Council 14 — 45 10/4/2022 IN WITNESS WMREOF, the parties hereto have executed this Agreemmt the date and year first above written, ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police CITY OF SANTAANA. Kristine R id 6re City Manager CONSULTANT: SUSan Saxe -Clifford, Ph.D. ?Fe.,v A Page 9 o,r9 City Council 14-46 10/4/2022 EXHIBIT A SCOPE OF SERVICES City Council 14 — 47 10/4/2022 'E�HIBIT� 1 I. SCOPE OF SERVICES The City of Santa Ana is seeking a professional and experienced company to pre -employment psychological evaluation services, peer support training, and crisis counseling. Specific responsibilities include, but are not limited to: A. Complete Pre -Employment Psychological Evaluations Perform a complete pre -employment psychological evaluation for the City's Police Department applicants. Said psychological evaluation shall comply with the Californla Peace Officer's Standards and Training (POST) Psychological Screening Manual, as well as any additional psychological suitability criteria specified by the City's Police Department. A complete pre -employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment. Consultant shall: Provide the City's Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre -scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. 2. Provide the City's Police Department with verbal recommendation of the candidate's psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate's clinical interview. 3. Provide the City's Police Department with a written report of the candidate's psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate's clinical interview, This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail, 4. Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre -employment peace officer evaluations. The initial OPE requirement of six hours must be completed by May 6, 2019. Evaluators will need to complete 12 hours of POST -approved CPE every two years. The CPE Tracking System will calculate the required hours based on the effective date of this requirement (September 1, 2014) and the date the psychologist RFP No. 22-081 Psychological Evaluation and Counseling Services Page 18 of 36 City Council 14 — 48 10/4/2022 aCITY OF SANTA ARIA began conducting peace officer evaluations. B. Complete Post -Traumatic Psychological Incident Evaluation Provide City's Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post -traumatic psychological evaluation. A complete post -traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post -traumatic counseling. Consultant shall provide: 1. Initial psychological service contact with involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident. 2. A minimum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant's office location, unless otherwise agreed by involved officer(s). 3. One (1) follow-up session within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City's Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City's Police Department upon completion of such follow-up counseling session(s). 4. A verbal recommendation to the City's Police Department for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident. 5. A written psychological assessment to the City's Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session. 6. At the direction and with consent of City's Police Department, similar post -traumatic incident counseling services may be requested for immediate family members of involved officer(s) adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City's Police Department is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 19 of36 City Council 14 — 49 10/4/2022 "` Milt° OF SANTA ANA C. Review of Fitness for Duty Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee's psychological fitness for duty, when so directed by the City. Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment. Consultant shall: 1. Outline all psychological concerns resulting from that review and submit to City's Police Department a recommendation concerning further testing and or evaluation which may be deemed appropriate. 2. Provide City's Police Department with verbal notification as to the above within forty- eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question. Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties. D, Crisis Intervention Counseling Conduct crisis intervention counseling with authorization and approval of City's Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of an employee's classification. Consultant shall: 1. Obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling of City's Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City's Chief of Police or designate prior to conducting crisis intervention counseling. E, Crisis Incident Stress Management The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post -incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall: 1. Conduct routine group debriefings with units that are regularly exposed to high levels of RFP No. 22-081 Psychological Evaluation and Counseling Services Page 20 of 36 City Council 14 — 50 10/4/2022 (a) CITY OF SANTp ANA stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group's ongoing well-being. 2. Hold a post -critical incident meeting ahead of a formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employee's end of watch. 3. Facilitate post -incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical. F. Consultation Services On -call status is required to respond to criminal incidents such as SWAT call -outs or major investigations as requested. Consultant shall: 1. Consult with the Department's management regarding psychological profiles and recommended approach to addressing specific suspects. 2, Assist in interpreting intelligence data in reference to criminal incidents and/or suspect. G. Psychological Training Services Provide City's Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall: 1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training. RFP No. 22-081 Psychological Evaluation and Counseling Services Page 29 of 36 City Council 14 — 51 10/4/2022 EXHIBIT B COMPENSATION (RATES) City Council 14 — 52 10/4/2022 2. Cost Proposal Pre -Employment Psychological Evaluations Exhibit B $425.00 per applicant Complete Post -Traumatic Psychological Incident Evaluation $325,00 per hour Review of Fitness for Duty $375.00 per hour Crisis Intervention Counseling $325,00 per hour Critical Incident Stress Management $325.00 per hour Consultation Services $325.00 per hour Psychological Training Services $325.00 per hour Testimony in court and court preparation $400.00 per hour City Council 14 — 53 10/4/2022 Parks, Recreation, and Community Services _ www.santa-ana.org/parks Item # 15 r City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Agreement Amendment with Al Party Rental for Event Equipment Rental Services AGENDA TITLE: Agreement Amendment with Al Party Rental for Event Equipment Rental Services at City Events to Increase the Annual Amount by $64,000 per Year through March 31, 2025, for a total Increase of $192,000 and New Agreement Total of $450,000 (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement amendment with Al Party Rental for event equipment rental services at City events to increase the annual amount by $64,000 per year through March 31, 2025, for a total increase of $192,000 and new agreement total of $450,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On March 15, 2022, the City of Santa Ana awarded an agreement to Al Party Rental for equipment rental services at City Events. The award was made through a request for proposal process where Al was selected. The number of City events originally planned when the request for proposal was issued has since increased and the City is looking to increase the annual amount by $64,000 for a total increase of $192,000 and total new total agreement amount of $450,000 for the period through March 31, 2025 to accommodate the additional events that the Parks, Recreation and Community Services Agency will undertake. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 15-1 10/4/2022 Agreement Amendment with Al Party Rental Event Equipment Rental Services October 4, 2022 Page 2 FISCAL IMPACT Funds are budgeted and available in the following account for the specified years: Fiscal Accounting Unit- Fund Accounting Unit, Account Amount Year Account # Description Description FY 22-23 01113230-62300 General PRCSA-Recreation and $64,000 Fund Community Services -Contractual Services Professional FY 23-24 01113230-62300 General PRCSA-Recreation and $64,000 Fund Community Services -Contractual Services Professional FY 24-25 01113230-62300 General PRCSA-Recreation and $64,000 Fund Community Services -Contractual Services Professional EXHIBIT(S) 1. Agreement Amendment Submitted By: Hawk Scott, Executive Dir. of Parks, Recreation and Community Services Approved By: Kristine Ridge, City Manager City Council 15 — 2 10/4/2022 Exhibit 1 FIRST AMENDMENT TO AGREEMENT WITH Al PARTY RENTAL TO PROVIDE EVENT EQUIPMENT RENTAL SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 4, 2022, by and between Al Party Rental ("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-2022-050 ("Agreement") dated March 15, 2022, to provide equipment rentals for various events conducted by the City's Parks, Recreation, and Community Services Agency, The Agreement remains in effect through March 31, 2025. B. The parties wish to amend the Agreement to increase the overall compensation for services during the remainder of the term of the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the annual compensation for services by the amount of $64,000 for the remaining term of the Agreement. 2. 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 Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney 9W -F�' ' John M. Funk Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Hawk Scott Executive Director Parks, Recreation & Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager Al PARTY RENTAL y:lc�'.ryY.✓� Title: r*l,T' 1014WAI-r-�-4V Page 1 of 1 City Council 15 — 3 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Agreement for Public Health Plaza and Wellness Programming (Revive Santa Ana) AGENDA TITLE Approve an Agreement with IDS Group for Architectural and Engineering Services for Public Health Plaza and Wellness Programming in an Amount Not to Exceed $370,077 for a Three -Year Term (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with IDS Group for architectural and engineering services for Santa Ana's Public Health Plaza and Wellness Programming project in the amount of $336,433, with a contingency of $33,644 for a total amount of $370,077, for a three-year term beginning October 4, 2022 and expiring October 3, 2025, with an option for two, one-year extensions, subject non - substantive changes approved by the City Manager and the City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $4,000,000 for the Public Health Plaza and Wellness Programming project. DISCUSSION The City of Santa Ana desires to enter an agreement with a qualified consulting firm to lead efforts to provide Architectural and Engineering services to transform the City of Santa Ana Plaza into an Americans with Disabilities Act (ADA)-compliant Public Health Plaza (Exhibit 1). The City of Santa Ana Plaza was completed in 1972 along with City Hall. The exterior of the building facing the plaza had a stunning architectural design, but it was eventually hidden by the addition of the City's Ross Annex Building. The City would like to restore some of the character lost in the previous renovation, while also performing an update that better meets the evolving needs of the community. These improvements will also include two new plaza restrooms accessible from the outside, and the renovation of existing restrooms inside the Council Chamber. On March 31, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-062, by which it sought the architectural and engineering services of a qualified firm for the Project. City Council 16 — 1 10/4/2022 Agreement with IDS Group October 4, 2022 Page 2 The RFP was advertised on the City's online procurement management and publication system, with Proposals due on May 4, 2022. Three proposals were received and evaluated by a selection committee comprised of staff from Public Works Agency, Risk Management, and the City Manager's Office. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking. Firm City Rank IDS Group Irvine 1 RRM Design Group San Juan Capistrano 2 Rubio Medina, Architect Irvine 3 Staff recommends awarding to the top scoring firm to provide design services for the Project (Exhibit 2). Their proposal demonstrated they have the necessary capacity and expertise to complete the required services. The firm rates are reasonable and within industry standard, the team qualifications are appropriate, and the proposal was determined to provide the best value for the City. Approval of this item will amend the FY 2022-23 Capital Improvement Program to include the $4,000,000 for the Public Health Plaza and Wellness Programming project (Exhibit 3). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT The funding is budgeted and available for expenditure in the Public Health Plaza and Wellness Programming project (No. 22-1358). The following table summarizes the estimated spending plan for the funds budgeted in the amount of $370,077 for expenditure on the architectural and design services to be provided by the agreement for the three-year term. Any funds remaining after the three-year term will be carried forward if the extension options are exercised. Fiscal Accounting Unit Fund Accounting Unit - Y Year - Account No. Description Account Amount (Project No.) No. Description American American Rescue 2022-23 18117013-66220 Rescue Plan Plan Act-PWA, $200,000 (Oct -June) (22-1358) Act of 2021 Improvements Other ARPA Than Building 2023-24 18117013-66220 American American Rescue $125,000 Jul -June 22-1358 Rescue Plan Plan Act-PWA, City Council 16 — 2 10/4/2022 Agreement with IDS Group October 4, 2022 Page 3 Act of 2021 Improvements Other ARPA Than Building Fiscal Accounting Unit Fund Accounting Unit - Year Y - Account No. Description Account Amount (Project No.) No. Description American American Rescue 2024-25 18117013-66220 Rescue Plan Plan Act-PWA, $45,077 (July -Oct) (22-1358) Act of 2021 Improvements Other ARPA Than Building Total $370,077 EXHIBIT(S) 1. Location Map 2. Agreement with IDS Group for Public Health Plaza and Wellness Programming 3. CIP Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 16 — 3 10/4/2022 SANTA A�NA;® PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING LOCATION. SEE EXHIBIT A. COUNCIL CHAMBERS. C EXISTING BREEZEWAY. PROPOSED RESTROOM LOCATION. SEE EXHIBIT B. C RENOVATION OF EXISTING RESTROOMS INSIDE COUNCIL CHAMBERS. SEE EXHIBIT C. EXHIBIT 1 SANTA ANA PROJECT 22-1358 P W A PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PuaLic �rtKsNCY Itv C uncil 16 — 4 10/ 1 OF 4 AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR THE PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PROJECT THIS AGREEMENT is made and entered into this 4th day of October, 2022 by and between IDS Group ("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 March 31, 2022, the City issued Request for Proposal ("RFP") No. 22-062 ("RFP"), by which it sought a qualified consultant to perform professional services for the Public Health Plaza and Wellness Programming project ("Project") as set forth in this Agreement. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-062. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that were described in the scope of work that was included in RFP No. 22-060, 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 agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $370,077. The sum is comprised of (1) the base amount of $336,433 and (2) a contingency in the amount of $33,644 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the City Council 16 — 5 10/4/2022 1 standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 3, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two (2) one (I) -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 subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any City Council 16 — 6 10/4/2022 2 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. 7. INSURANCE Consultant shall procure and maintain for the duration of the Agreement 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 Consultant, its agents, representatives, employees or subcontractors. 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, Code 1 (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. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, 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 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 of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: City Council 16 — 7 10/4/2022 3 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 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 10 11 85 or bothCG 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 Consultant's insurance coverage shall be primary insurance primary coverage 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 Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except withnotice to the Entity. Waiver of Subrogation Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the 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 of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity 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 Entity. 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 ANII, unless otherwise acceptable to the Entity. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: City Council 16 — 8 10/4/2022 0 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. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform 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. Verification of Coverage Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effectingcoverage overage 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 Consultant'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. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising City Council 16 — 9 10/4/2022 from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 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 City Council 16 — 10 10/4/2022 5 reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: IDS Group 1 Peters Canyon Road, Suite 130 Irvine, CA 92606 ATTN: Said Hilmy, Principal/Contract Administrator 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. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral City Council 16 —11 10/4/2022 7 or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. 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. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited City Council 16 — 12 10/4/2022 N. by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the 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. 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act, available at http s: //www. govinfo . gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf, C. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury. gov/system/files/ 136/SLFRF-Compliance-and-Reporting-Guidance.pdf, d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; and e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; City Council 16 — 13 10/4/2022 61 f. Federal contract provisions attached hereto as Exhibit D and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Said Hilmy Principal/Contract Administrator City Council 10 16 — 14 10/4/2022 EXHIBIT A City Council 16 — 15 10/4/2022 REQUEST FOR PROPOSALS (RFP) FOR PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING RFP NO.: 22-062 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 Sthomas5(&santa-ana.or2 Approved for Release: abil Saba Executive Director Public Works Agency KEY RFP DATES (Sublect to change at discretion of Ci Issue Date: March 31, 2022 Pre -Proposal Meeting (Not Mandatory) April 12, 2022 at 3pm at City of Santa Ana Plaza Deadline for Requests for Information: April 19, 2022 Proposal Due Date: May 04, 2022 at 2pm Projected Award Date: June 21, 2022 City Council 16 — 16 10/4/2022 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING RFP NO.22-062 INTRODUCTION/BACKGROUND The City of Santa Ana is soliciting proposals for Architectural/Engineering services ("the Services") to transform the City of Santa Ana Plaza into an ADA compliant Public Health Plaza. These improvements will also include two (2) new plaza restrooms accessible from the outside and the renovation of existing restrooms inside the Council Chambers. This outdoor Public Health plaza will be utilized for a variety of purposes, not limited to the following: host COVID-19 vaccination clinics, staging area for COVID testing, health/wellness programming/training, public communication efforts, community meetings, public recreation event space, and alternative/overflow outdoor Council Meeting space. By this Request for Proposals (RFP), the City of Santa Ana is requesting proposals from firms with substantial architectural and engineering experience on similar types of public works improvements for the renovation of the City of Santa Ana Plaza and Council Chamber restrooms. The City of Santa Ana Plaza was completed in 1972 along with City Hall. The exterior of the building facing the plaza had amazing architectural design, but was later covered up by the Ross Annex Building. The City would like to restore some of the character lost in the previous renovation while also performing an update that better meets the evolving needs of the community. The Public Health plaza consists of 8,200 square feet of improvement, along with two (2) new restrooms and transforming the existing restrooms in the City Council Chambers into two (2) non -gender restrooms. The City of Santa Ana Plaza is an underutilized space by the community, only being used as access to City Hall and council meetings. This renovation should revive the plaza in the most cost effective and environmentally friendly manner possible. The City of Santa Ana Plaza will be the focal point of the project with key upgrades and expansion to the area and services that will be provided to the community. Design will include ADA compliant features as well as aesthetic enhancements. A generalized description of areas that may be addressed with City/community/potential consultant input are as follows. See Attachment 4 for general layout of work areas. City of Santa Ana Plaza — Public Health Plaza and Wellness Programming Location a. Create an ADA compliant gathering that can be used for a variety of different uses including but not limited to: i. Employee Health/Wellness Programming ii. Community gatherings iii. Movie nights iv. Overflow council meetings v. Flex space b. Remove existing furniture c. Remove existing pavers City Council city or Santa Ana JIW 1�Vb2 10/4/2022 Page Al-1 d. ADA compliant walking surface e. Stage f. Shade sails g. Projector and projector screen mounted on exterior building walls h. Multiple power sources i. New LED security and decorative lighting j. Fencing/gates to restrict access during off hours k. Remove all landscaping i. Potentially keep two (2) existing trees ii. Remove trees creating obstruction to projector and screen 1. Wayfinding signage 2. Existing Breezeway — Proposed Restroom Location a. Remove pavers i. Install ADA compliant walking surface ii. ADA compliance/Accessible path of travel b. Restrooms i. Access point to restrooms will be from outside space only ii. Restrooms will not be accessible from inside of the Council Chamber building. iii. Restrooms will be one (1) men's restroom and one (1) women's restroom c. Maintain path to Public Health Plaza and Wellness Programming Location d. Potentially relocate main entrance edge of restroom to create a larger council lobby. 3. Renovation of Existing Restrooms Inside Council Chambers a. Convert one (1) men's and one (1) women's restroom to two (2) all -gender restrooms i. Restrooms shall be ADA compliant b. Close off access to restrooms from the Council Chamber lobby Scope of Work Architectural and engineering services shall consist of, but not be limited to the following: review of the Public Health Plaza and Wellness programming, prepare schematic design, construction plans and specifications, submit design documents to the City of Santa Ana staff for review and submit final design documents to the City of Santa Ana Building & Safety Division for plan check. These services also include responding to all plan check corrections until final approval has been given by Building & Safety. Finally, construction administration services during bid and construction phases would also need to be provided. Consultant Responsibilities The Consultant's responsibilities shall include the following project tasks: Consultant is responsible for providing all design and engineering as required for all components within the project scope of work. This includes but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, site improvements design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, etc. Consultant will also be responsible for facilitating up to three (3) meetings with City Staff to obtain input and finalize concept plan. Consultant shall provide review sets in .pdf format. City Council Uty or Santa Ana l'W 1�8b2 10/4/2022 Page Al-2 Final plans shall be provided in AutoCAD or Microstation format, and .pdf format. Task 1: Pre Design Preliminary design shall include Kick-off meeting with City Staff (representatives from Public Works Agency, Risk Management, Recreation, and the City Manager's Office) to discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation. ➢ Deliverables shall include a Work Task Plan, Schedule, Geotechnical Report and Site Survey. Task 2: Concept Design Concept design shall include up to three (3) meetings with City Staff to brainstorm and review potential layouts. Additionally, outreach shall be conducted in up to three (3) public meetings to provide the community an opportunity to review the concept designs and provide input. Please provide creative methods used to engage the community on needs and priorities while keeping the project on schedule. i.e. workshops, online polls. ➢ Deliverables shall include up to three (3) schematic concept designs, with a minimum of four (4) perspective drawings/renderings for each the following: overlooking the plaza from Civic Center Plaza, plaza leading to the new restrooms, breezeway leading to Council Chambers, new restrooms outside of Council Chambers, and tenant improvement of the existing restrooms inside the Council Chambers. ➢ Final Concept shall be approved by City Staff Task 3: Design Development (50% plans) Design development will involve the schematic development of plans based on the approved conceptual design plan, which shall include but is not limited to survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. ➢ Deliverables shall include a 50% set of plans, including site section studies, draft specification, "Opinion of Probable Cost". Task 4: Construction Documents (90% and 100% plans) Construction Documents (CDs) shall include finalizing approved deliverables from the Design Development phase. This includes the provision of detailed engineering and construction drawings that will serve as the basis for both bidding and construction by a general contractor. ➢ Deliverables shall include 90% and 100% plans, structural calculations, CASP report, final technical specifications, finalized "Opinion of Probable Cost". 100% plans will go through a constructability review that could lead to comments and recommendations that should also be addressed and completed as part of this deliverable. Plans: Plans shall include, but are not limited to the following: • Title Sheet Civil Engineering o Site Erosion Plan o Horizontal and Vertical Control Plan o Grading And On -Site Drainage Plan o Site Utility Plan Landscape Architectural City Council city or Santa Ana JIW 1�gb2 10/4/2022 Page Al-3 o Site Layout/Construction Plans And Details (including plumbing) o Site Sections, as applicable o Planting Plans/Details/Notes o Irrigation Plans/Details/Calculations/Notes Architectural o Demolition Plans o Construction Plans o Reflected Ceiling Plans o Exterior Elevations o Interior Elevations o Mechanical and Plumbing Plans/T-24 o Electrical Plans, as applicable o Architectural Details o Structural Calculations o Door/Window/Finish Schedules, as applicable o ADA Path of Travel design and/or signage Plan Structural Engineering o Structural Design and Detailing Mechanical Engineering & Plumbing Electrical Engineering o Electrical Site Plan to include walkway/parking lot lighting, irrigation o Photometrics o Location of panels, switchgear, meters o Schedules o Details o Notes, specifications Plan Check & Permits: Construction drawings shall be in accordance with the 2019 California Building Code and will require review/approval by the City Planning and Building Agency. As a condition of plan check approval, plans, specifications and structural calculations must be signed by a California licensed architect / landscape architect /civil engineer/structural engineer as appropriate. Additionally, the architect will be encouraged to identify their historic consultant to address questions and concerns related to the historical preservation of the building. Plans shall be organized so that they can be segregated cleanly for distribution to the various plan checking entities. Construction drawings shall be submitted at 90% completion for review by Public Works CIP Engineering and revised per their comments. The 100% complete construction drawing package will then be submitted for final City review to the following City Agencies: • City Manager Office • Parks, Recreation, and Community Services Agency • Library Services Agency • Human Resources Agency • Planning and Building Agency • Public Works Agency CIP Engineering Division The Public Works Agency Project Manager will coordinate the submittal and review process. Once complete, the consultant will revise the Contract Documents City Council city of Santa Ana Nll 1�OU 10/4/2022 Page Al-4 Technical Specifications Technical specifications for all components listed above shall be provided by Consultant, or their Sub - consultants, to the City in CSI (Construction Specifications Institute) format. Consultant shall coordinate language between the general and technical specifications to ensure conflicts are minimized. City Staff will combine these specifications with the City Boiler Plate which together, will become the Project Manual. Final Opinion of Probable Cost Consultant shall provide updated opinion of probable construction cost which shall reflect finalized 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. Task 5: Bid Advertisement, Construction Administration, Record Drawings: Bid Advertisement Consultant shall provide support to the City during the Bidding phase by assisting with questions, requests for information/clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. Construction Administration Consultant shall provide support to the City during the Construction Administration phase by assisting with questions, requests for information/clarification, and/or reviewing submittals. Record Drawings /As -built Plans: Upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. Fee Proposal: In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured to correspond to the above mentioned tasks as follows: Task 1: Pre -Design Task 2: Concept Design Task 3: Design Development Task 4: Construction Documents Task 5: Bid Advertisement, Construction Administration, Record Drawings Total Fee: Fee schedule for each task should include an hourly breakdown that corresponds to the task total. City Responsibilities The City will be responsible for the following items: • Provision of available plans and existing documentation on file. • Provision of electronic design file with City title block and title sheet (24" x 36") • Provision of standard City boilerplate specifications. • Acting as liaison with the appropriate decision making bodies, as necessary. • Coordination and processing of plans and documents with governmental agencies having City Council city or Santa Ana Nllw 1�Ili1 10/4/2022 Page Al-5 jurisdiction over the project. City Council Uity or crania Hna rggr� 4.2 l)L 10/4/2022 Page Al- Appendix ATTACHMENT 4 PROJECT ATTACHMENTS +1h � 'BAN I R AlVA; PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING LOCATION. SEE EXHIBIT A COUNCIL CHAMBERS. EXISTING BREEZEWAY. PROPOSED RESTROOPALOCATION_ SEE EX:-�IBIT B. RENOVATIION OF EXISTING RESTROOMS INSIDE CC)Ul4CiLCHAMBERS. SEE EXHIBITC. SANTA ANA Iaxz='rt PROJECT 22-1358 , a!" M Ao".& 6PVVA PUBLIC HEALTH PLAZA AND VVELLNESS PROGRAMMING ' K .Haws uo-lr I I PAGE 4 OF 4 ('_itv (_ni mail 1 A — 714 1(1/d/7(177 City of Santa Ana RFP 22-062 Page A4-1 VISION FOR THE SPACE - The vision for this space is to create an AGA compliant gathering area that can be use for a variety Df different uses, induding but notlimited to: employeeheallt Wellness programing, carnmun4gathedngs, movie nights, overRaw council meetings PROJECT SCOPE: -POSSIBLY KEEP TWO TREES. REMOVE REMAINING LANDSCAPING_ -REMOVE EXISTING FURNITURE. REMOVE EXISTING PAVERS_ AAA COMPLICANT WALKING SURFACE. SHADE SAILS. PROJECTOR POSSIBLY MOUNTED OUTiIDE COUNCIL CHAMBER WALL. -PROJECTOR SCREEN! POSSIBLY MOUNTED ON CITY HALL BUILDING OVERHANG- -MULTIPLE POWER SOURCES. - SECURITY LIG HT ING_ -DECORATIVE LIGHTING_ - FENCI MG TO RESITRIC ACCESS DURIIN G OFF HOURS_ -WAYRNDING SIGNAGE. - LOCATION TO BE USED AS A FLEXSPACE EXHIBIT A .PUBLIC HEALTH PLAZA AND VVELLNESS PRQGRAMMUNG LOCATION SANTA ANAANA #j=IIIIImft I- 4V H - PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING PAGE 2 OF 4 rite rni inril 1 A — 9A 1 nIA19n99 City of Santa Ana RFP 22-062 Page A4-2 €411H€71 fHANLL III 71 NEW RESTROOM RESTROOM LOCATION i LOCATION POTENTIALLYqIMEN RELOCATE MAI N MAINTAIN PATH TO ENTRANCE EDGE OF p PUBLIC HEALTH PLAZA AND WELLNESS ACE PAVERS RESTROOM TO PROGRAMMUNG ADA CON PLIANT CREATE A LARGER LOCATION ACE COUNCIL LOBBY PROJECT SCOPE: REMOVE EXISTING PAVERS - INSTALL ADA COMPLIANT WALKING SURFACE_ NEW RESTROOMS. RESTROOMS CAN BE ACCESSED ONLY FROM THE OLFfSIDE SPACE - MAINTAIN PATH TO PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING LOCATION. EXHIBIT B EXISTING BREEZEWAY. PROPOSED RESTROOM LOCATION 5ANTA ANA 1m l't PROJECT 22-1358 d . PVVA PUBLIC HEALTH PLAZA AND WELLNESS PROGRAMMING p�t�zr PAGE 30F 4 rite rni inril 1 A — 7r, 1 nIA19n99 City of Santa Ana RFP 22-062 Page A4-3 ACCESS TO COUNCIL CHAMBER LOBBY u �I k.j PROJECT SCOPE: CLOSE OFF ACCESS TO RESTROOMS FROM THE COUNCIL CHAMBER LOBBY_ - CONVERT RESTROOMS FROM SINGLE GENDER TO TWO ALL -GENDER. - RESTROOM S SHALL BE ADA COMPLIANT. EXHIBIT C RENQVATIDN OF EXISTING RESTROOMS INSIDE COUNCIL CHAMBERS SANTA AN? PROJECT 22-1358 Pj y1 . Pu iLIC HEALTH PLAZA AND WELLNESS PROGRAMMING POL]{ pIS NGWCYNG Y PAGE 4 OF 4 ('_itv Ca Inril 1 A — 79 1 n/d/onoo City of Santa Ana RFP 22-062 Page A4-4 EXHIBIT B City Council 16 — 27 10/4/2022 �INGTpy� ll of - �•`� UAL LoUNTY City of Santa Ana Public Health and Wellness Programming RFP # 22-062 May 4, 2022 pli Me Ln _ r I_ .qww .:l Am dllrMap I ■aline. U•I: C• Ah • u • u City of Santa Ana I Public Health and Wellness Programming �# RFP No. 22-062-F 2. Scope of Services and Schedule IDS' step-by-step work plan for the City of Santa Ana Public Health and Programming Project proceeds as follows: Task 1: Pre -Design • Introduction of City team and IDS Project Team in the Kick Off Meeting • Discuss scope of work, project goals and objectives, potential elements and issues, schedule, review of existing information and site investigation • Review the initial list of intended/potential program for the indoor and outdoor facilities • Review summary list of available documents and project timeframe • Confirm regulatory requirements for the intended program • Conduct Site Survey • CASp inspection • Perform soil / geotechnical testing Deliverables • Meeting agenda & Meeting minutes • Work Task Plan & Schedule, • Geotechnical Report and Site Survey • CASp Report Task 2: Concept Design • Meetings with City Staff to brainstorm and review potential layouts • Conduct workshops sessions with the stakeholders • Meeting with public meetings to provide the community an opportunity to review the concept designs and provide • Identify historic features that might be impacted by design and/or present the opportunity to restore character -defining architectural features Deliverables • Provide up to three (3) schematic concept designs, • Provide minimum of four (4) perspective drawings/renderings for each the following: overlooking the plaza from Civic Center Plaza, plaza leading to the new restrooms, breezeway leading to Council Chambers, new restrooms outside of Council Chambers, and tenant improvement of the existing restrooms inside the Council Chambers. Task 3: Design Development (50% plans) • Develop schematic design based on the approved conceptual design plan • Include survey, civil design, geotechnical investigation and report (for soils analysis), infiltration testing, architectural design, landscape architectural design, structural design, interior design, furniture selection, electrical engineering, mechanical and plumbing engineering, draft technical specifications and "opinion of estimated cost'. Deliverables • 50% set of plans including site section studies • Draft (Outline) specifications • Opinion of Probable Cost Task 4: Construction Documents (90% and 100% plans) • Refine the approved deliverables from the Design Development phase into 90% Construction Documents as enumerated in the RFP. • Complete detailed engineering and update 90% CD set as 100% Construction Documents to serve as the basis or both bidding and construction by a general contractor. • Process to include plan check submittal of the 90% CD set, processing through plan check to "permit ready to issue" status (100% CD set). Deliverables • 100% Construction Drawings • Technical specifications • Final Opinion of Probable Cost Task 5: Bid Advertisement, Construction Administration, Record Drawings • Bid Advertisement: provide support to the City during the Bidding phase by assisting with questions, requests for information/ clarification, or conflicts arising out of the bidding process. Consultant shall also attend pre -bid meeting, if scheduled. • Construction Administration: provide support to the City during the Construction Administration phase by assisting with questions, requests for information/ clarification, and/or reviewing submittals. • Record Drawings / As -built Plans: upon construction completion, consultant shall incorporate as -built information, as provided by the General Contractor, into the drawing files to provide record drawings for City archives. -- ibis I P 16 - 30 10/4/2022Page 16 City of Santa Ana [ Public Health and Wellness Proging Project Schedule RFPNrammo.22-062 ID ask ink Name Non inisM1 retleressars B M Ma Ma Ma Ma lun lun lun lun lul lul IUI lul lul Au Au Au Au Se Se Se Se 11 11 OR Oct 01 N No N No Dec Dec Oec Dec Ian Ian Ian Ian Ian Feb Feb Feb Feb Ma Ma Ma Ma r A r A r A r r Ma Ma Ma Ma hi, lun lun Jun lul lul lul lul lul Au Au Au Au Se Se s Y 0[t Oct OG Oct OR N N N No Dec Dx Dec Dx Dec Ian 1 Matle a 2 a Nod,ptro[eed Odays Tue 5/3/22 Tue 5/3/22 3 �q cask l: Pre -Design 11 days Tue 5/3/12 Tue Si t; Kick Off Meeting Iday Tue S/3/21 Tue S/3/22 1 5 �p Interview 5hp Wed 5/4/22 Tue 5/10/22 4 6 'd Review existing inkrmation 10 days Wed S/11/22 Tue 5/24/22 S 71 2 Develop Work Task Plan&Schedule 5diis Wed 5/25/22 Tue 5/31/22 6 0 �p She survey to days weds/4/22 Tue 5/17/22 4 imm 9 �p Geo Tech Investigation 14 days Wed 5/4/22 Mon 5/23/224 611111111111111111 �q Task 2: Concept Design 61 days Wed 6/1/12 Wetl 8/24/21 Meeting with the Ciry staff Iday Wed 6/1/22 Wed 6/1/22 T 12 Prepare Concept Design Deliverable 20 days Thu6/2/22 Wed 6/29/2211 13 Workshop& Community Outreach 20 days Thu6/30/22 Wed 7/27/2212 14 Implement Comments& Input from the Ciry 10 days Thu 7128122 Wed 8/10/2213 CM Revfew&approval to days Thu B/11/22 Wed B/24/2214 16 �p task 3: Design DevelnpmerR)5U% CO) 65 days Thu 8/25/12 Wed 11/23/2: 12 Prepare Design Development based on the approved 15 days Thu 8/2S/22 Wed 9/14/2215 Conceptual Design 18 Review Meeting with City to develop furtherinterior& 5days Thu 9/15/22 Wed 9/21/2217 exterior material finishes l9 �p Prepare Consimction Cost Estimate 5days Thu 9/22/22 Wed 9/28/22 18 20 'd Architectural Engineering Development&Production 30 days Thu 9/29/22 Wed 11/9/2219 21 City Internal Review 10 days Thu 11/10/22 Wed 11/23/222D 22 'p Task 4: Construction I)o—Ms(90%&100%CD) 90 days Thu 11/24/22 Wed 3/29/23 23 �p Cons[ru[tion Drawings 90%CD 30 days Thu 11/24/22 Wed 1/4/23 21 24 Provide Specifications& khedule for 90% CD 10 days Thu 1/5/23 Wed 1/18/2323 a C—r—blldy Reviews 5Ma no 1/19/23 Wed 1/25/2324 M Address Constructability Review 10 days Thu 1/26/23 Wed 2/8/23 25 22 Update Probable Construcipn Cost 5days Thu 2/9/23 Wed 2/15/2326 28 'd Plan Che[k Submittal& Responses to 100%CD 30 days no 2/16123 Wed 3/29/2327 29 �q Task S: Bid Advertise ment, CA&Record Dings 207 days Thu 313D/23 Fri 1112124 P 30 �p Bid Advertisement So days Thu 3/30/23 Wed 4/12/2328 31 Job Walk Iday Thu 4/13/23 Thu 4/13/23 30 a Bid Period 15 days Fri 4/14/23 Thu 5/4/23 31 33 �p Award Construction C.0- 15 days Fri 515/23 Thu 5/25/23 32 34 Provide ronformed setof—st-io, document Iday Fri 5/26/23 Fn 5/26/23 33 35 Mobiliazation 10 days Mon 5129/23 Fri 6/9/23 34 �q Demolition&St, Prep 20 tlay5 Mon 6/12/23 Fil 2/7/23 35 32 New Construction 120 days Mon 7/10/23 Fri 12/22/23 36 38 �p Punch List 5days Mon 12/25/2E Fin 12/29/23 32 39 a Subta W Completion d Ma Fri 12/29/23 Fn 12/29/23 38 d0 �p Prepare & Submit Record Dmwings 10 tlay5 Mon 111/24 Fin 1/12124 39 No.. di, Ana Plaza-Mkm Task I lulls�i a ♦ ProleRSummary e11 Fxtemal Milestone • InMi+e Milestone -16 flan ManualSummaryR011uD Startronly C Deadline10/4/2022 Gate: Tue S/3/23 SDItt ..........., Summary �1 External Tasks Inanive cask O InMMe Summary .-owanly Manual Summary �1 FInNM1anly 3 Progress IDSP Page 17 EXHIBIT C City Council 16 — 32 10/4/2022 �INGTpy� ll of - �•`� UAL LoUNTY City of Santa Ana Public Health and Wellness Programming RFP # 22-062 May 4, 2022 pli Me Ln _ r I_ .qww „IDS GROUP IDS Group, Inc. City of Santa Ana Fee Proposal for Public Health Plaza and Wellness Programming RFP NO.: 22-062 May 4, 2022 IDS IDS IDS IDS IDS IDS IDS ARCHITECTURE MECHANICAL PLUMBING ELECTRICAL STRUCTURAL CIVIL COST EST v - L E L a E - •+ _ 6l _ R i0 u u `w 10 u `w u `m �++ TOTAL 3 w lY p CL a. 'o 0 0 ¢ 'n w •- a` m a` v •- a` w •- a` a > a` v v o G a a a a a a Billing Rai 2f 17 ### ## 1 1$ 2E 1$ lti 2E 1$ 1e 2f 1$ 1$ 2$ 1$ 1$ 15 Kick off Meeting with City Staff 2 1 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 4 1 115 is 1,144.00 1 $ - $ 394.00 $ 394.00 $ 178.00 $ 712.00 $ $ 2,822.00 Information gathering 8 2 2 2 2 2 8 26 $ 1,656.00 $ 208.00 $ 208.00 $ 208.00 $ 356.00 $ 1,424.00 $ $ 4,060.00 Identify project goals, objectives & criteria 8 2 2 2 4 4 22 $ 1,424.00 $ 356.00 $ 356.00 $ 356.00 $ 712.00 $ 712.00 $ $ 3,916.00 Perform Site Survey 2 3 3 4 24 8 24 68 $ - $ 356.00 $ 534.00 $ 534.00 $ 712.00 $ 11,312.00 $ $ 13,448.00 Provide Pre -Design deliverables 16 20 2 2 2 2 2 1 1 4 8 58 1 $ 5,168.00 $ 356.00 $ 564.00 $ 564.00 $ $ 1,688.00 (3) Meetings with City Staff 8 12 3 3 2 3 8 39 $ 3,864.00 $ - $ 534.00 $ 534.00 $ 966.00 $ 648.00 $ $ 6,546.00 (3) Public Meeting 1 8 1 40 32 1 1 1 1 1 4 1 1 1 84 $ 12,560.00 $ - $ - $ - $ - $ - 1 $ $ 12,560.00 Provide (3) schematic concept design 4 40 32 2 1 2 2 2 1 4 16 24 130 $ 11,696.00 $ 460.00 $ 564.00 $ 460.00 $ 712.00 $ 864.00 $ $ 14,756.00 Design Development Drawings 50% CD 1 20 1 54 80 1 1 1 8 1 16 1 1 16 1 12 1 1 1 20 20 1 2 1 20 1 32 1 1 24 1 40 366 $ 23,212.00 $ 3,304.00 $ 4,096.00 $ 5,856.00 $ 7,896.00 $ 9,152.00 $ - $ 53,516.00 Specifications & Schedule for 50% CD 1 10 1 20 30 1 1 1 1 1 1 2 1 1 11 8 1 1 1 4 1 76 $ 9,200.00 $ 178.00 $ 356.00 $ 104.00 $ 1,424.00 $ 1,728.00 $ - $ 12,990.00 Provide Cost Estimate for 50% CD 1 1 1 16 19 $ - $ 178.00 $ 178.00 $ 178.00 $ - $ $ 2,448.00 $ 2,982.00 Construction Drawings 90%CD 20 40 60 1 4 10 16 16 1 20 40 4 28 40 24 40 364 $ 18,400.00 $ 1,968.00 $ 4,512.00 $ 7,936.00 $ 10,728.00 $ 9,152.00 $ - $ 52,696.00 Provide Specifications & Schedule for 90% CD 8 20 20 2 1 8 8 67 $ 7,608.00 $ 356.00 $ - $ 104.00 $ 1,424.00 $ 1,424.00 $ - $ 10,916.00 Update Cost estimations 1 1 16 18 $ - $ 178.00 $ - $ 178.00 $ - $ - $ 2,448.00 $ 2,804.00 Address Constructability Review 16 16 2 1 1 2 8 10 56 $ 4,704.00 $ - $ 460.00 $ 386.00 $ 2,644.00 $ - $ - $ 8,194.00 Plan Check Submittal & Responses to 100% CD 24 12 1 1 1 4 1 1 4 1 9 10 8 16 92 $ 5,664.00 $ 178.00 $ 810.00 $ 810.00 $ 2,822.00 $ 3,376.00 $ $ 13.660.00 Task 5: Bid, Construction Administration, Provide Bid Support 24 1 2 1 1 2 1 1 4 1 7 1 1 1 1 39 $ 4,272.00 $ $ 356.00 1 $ 356.00 1 $ 1,566.00 $ $ 1 $ 6,550.00 Construction Administration 1 120 1 80 1 1 6 1 1 6 20 1 1 10 20 1 1 24 1 10 1 296 $ 30,640.00 $ 1,068.00 1 $ 3,148.00 $ 3,860.00 1 $ 5,492.00 1 $ 6,964.00 $ 1 $ 51,172.00 Provide Record Drawings / As -Built Plans 4 16 2 2 2 2 16 44 $ 2,568.00 $ 208.00 1 $ 208.00 $ 208.00 1 $ 2,308.00 1 $ 3,280.001 $ 1 $ 8,780.00 Subconsultants Landscape Architect Sub -Consultant $ 18,685 Audio Visual Engineering Sub -Consultant $ 5,200 Geotechnical & Hazardous Materials $ 8,915 Certified Access Specialist $ 7,525 Historical Consultant $ 5,400 Total Subconsultant Fee $ 45,725.00 Total Project Fee $ 336,433.00 1/1   City Council  16 – 34 10/4/2022   AA IDS GROUP IDS GROUP, INC. 2022 Rate Sheet Principal $216 Associate Principal $202 Senior Project Manager I Associate $191 Project Manager $178 Senior Architect I Engineer $166 Senior Cost Estimator $153 Project Architect I Engineer $153 Designer Architect I Engineer $139 Engineering Designer - BIM $122 Two Man Survey Crew $290 Architectural Job Captain I Designer $116 CAD Drafting Engineer I Architect $104 Office Administration $64 Expenses such as, but not limited to plan check fees, permits inspections, testing services, title company fees, special delivery charges, plotting/presentation boards, maps, aerial photographs, and reprographics / illustrations that may be required for community or other stakeholder presentations, shall be billed to the owner at Consultant's direct cost plus 5%. City Council 16 — 35 10/4/2022 SAGE Coastal SAGE Landscape Architecture BILLING STRUCTURE CSLA rates of compensation are as follows: Key Personnel Hourly Rate Principal Landscape Architect $150.00 Landscape Architect $ 85.00 Field & CAD Support $ 60.00 Graphics $ 50.00 City Council 16 — 36 10/4/2022 LANDSCAPE ARCHITECTURE & PLANNING GROUP DELTA GROUP DELTA CONSULTANTS, INC. FEE SCHEDULE & TERMS AND CONDITIONS 2022 HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) PRINCIPAL $235 ASSOCIATE $215 SENIOR $185 PROJECT $170 STAFF $155 DESIGNER / ILLUSTRATOR / AUTOCAD $105 TECHNICAL / PROJECT SUPPORT / ADMIN $90 DRIVER /PICKUP & DELIVERY OF SAMPLES STAFF $75 TESTING & INSPECTION SERVICES SENIOR ENVIRONMENTAL TECHNICIAN $145 ENVIRONMENTAL TECHNICIAN $110 TECHNICIAN / INSPECTOR $90 AWS/CWI SPECIAL INSPECTOR $110 UT/MT NON-DESTRUCTIVE SPECIAL INSPECTOR $120 TECHNICIAN / INSPECTOR — PREVAILING WAGE $120 AWS/CWI SPECIAL INSPECTOR — PREVAILING WAGE $135 UT/MT NON-DESTRUCTIVE SPECIAL INSPECTOR — PREVAILING WAGE $150 BASIS OF CHARGES Minimum Charges (Field Services) 2-Hour Minimum: ....................................................................................... Show -Up Cancellation, no work performed 4-Hour Minimum: ............................................................................................................. 1-4 hours of work performed 8-Hour Minimum: ........................................................................................................ over 4 hours of work performed City Council 16 — 37 10/4/2022 Page 1 Group Delta Consultants, Inc. Schedule of Fees 2022 Regular Time The first 8 hours worked Monday through Friday between 5:00 am and 5:00 pm. In the event that project related equipment is required to be transported to and from the project site, other than hand tools, the time required to do so shall be considered hours worked and will be billed as such. Premium Charges Over 8 hrs. on weekdays, up to 8 hrs. on Saturdays: .......................................................................... 1.5 x Hourly Rate Over 12 hrs. on weekdays, over 8 hrs. on Saturdays, Sunday, Holiday: .............................................. 2.0 x Hourly Rate Travel and Per Diem Travel time will be charged at the base hourly rate of $65. Multi -day projects requiring overnight accommodations will be subject to Daily Per Diem charge. Mileage (per current IRS rate): .................................................................................................................... $0.585/mile Per Diem (meals/lodging)............................................................................................................................. $250/day Pickups Sample pickups occurring after hours or on weekends to comply with ASTM standards (required to be transported to the final curing location within 48 hours of casting) may be subject to premium charges (overtime). Rush Charges For Laboratory Services Expedited turnaround is available for some tests at the following premiums above list price. Same day service................................................................................................................. 100% based on availability 1 day turnaround.....................................................................................................................................................80% 2 day turnaround..................................................................................................................................................... 60% 3 day turnaround.....................................................................................................................................................40% 4 day turnaround.....................................................................................................................................................25% Charges for Subcontracted Services Outside Services/Subconsultants/Subcontractors:.................................................................................. Cost Plus 15% Reimbursable Expenses Parking, air fare, car rental, food and lodging, etc.: ................................................................................. Cost Plus 15% Equipment/Supply Charges Hazardous Gas Safety Monitor.........................................................................................................................$30/hour Photo Ionization Detector...............................................................................................................................$40/ hour XRFDevice....................................................................................................................................................... $110/Day NuclearDensity Gauge......................................................................................................................................$8/ hour FieldVehicle.....................................................................................................................................................$10/ hour Field Storage Unit (Connex Box)................................................................................................................. $500/month &W&9 16ELTn 1638 38 10/4/202 Page 2 Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING (unit cost) 1491IWetL'I11'.19Zyit1*3M CLASSIFICATION AND INDEX TESTS: Atterberg Limits, Plasticity Index (ASTM D4318)....................$182 Non Plastic..............................................................$127 Moisture Content (ASTM D2216).............................................$30 Sieve Analysis % Passing #200 Sieve (ASTM D1140).................$66 Sieve Analysis w/o Hydrometer (ASTM D422)........................$120 Sieve Analysis w/ Hydrometer (ASTM D422)..........................$210 pH of Soil (CTM 643).................................................................$50 Soil Resistivity (CTM 643)..........................................................$99 Soluble Sulfate (CTM 417)........................................................$50 Soil Chloride Content (CTM 422)..............................................$72 Corrosivity Series; Sulfate, Chloride, pH, Resistivity (CTM643, 417, 422)................................................ $270 Specific Gravity of Soil (ASTM D854)...................................... $132 Unit Weight/Moisture Content, wax (ASTM D2937) ................$50 Unit Weight/Moisture Content, Shelby tube (ASTM D2937)....................................... $55 Unit Weight/Moisture Content, ring sample (ASTM D2937).......................................$28 141104►101:i9*"I& l Direct Shear, Residual (ASTM D3080).....................................$800 Direct Shear, Consolidated (ASTM D3080) .............................$265 Direct Shear, Consolidated (ASTM D3080), Remolded ........... $330 R-Value, (ASTM D2844, CTM 301)..........................................$330 R-Value, Lime Treated in Lab (ASTM D2844, CTM 301).......... $390 R-Value, Aggregate Base (ASTM D2844, CTM 301).................$375 R-Value, (less than 5) (ASTM 2844, CT 301)............................$125 California Bearing Ratio (D1883)............................................$800 Torsional Ring Shear (ASTM D7608)....................................... $780 Vane Shear Test (ASTM D4648)................................................ $50 Unconfined Compression (ASTM D2166)...............................$176 VOLUMETRIC CHANGE: Consolidation Test (ASTM D2435), w/o time rate .................. $292 Consolidation Test (ASTM D2435), w/ time rate .................... $385 Consolidation Test (ASTM D2435), single point......................$160 FreeSwell...............................................................................$245 Double Oedometer.................................................................$430 Expansion Index (ASTM D4829)................................................$99 Response to Wetting (ASTM D4546)...................................... $116 Soil Suction (ASTM D5298) ...................................................Quote PERMEABILITY: Permeability of Granular Soil (ASTM D2434)........................Quote COMPACTION: Maximum Density and Optimum Moisture (ASTM D1557) 4" Mold................................................................... $220 4" with rock correction ........................................... $235 6" Mold................................................................... $250 6" with rock correction ........................................... $265 Maximum Density Check Point (ASTM D1557) ........................ $66 Moisture Density of Soil -Cement Mixtures (ASTM D558) .... Quote California Impact Compaction, test only (CTM 216) .............. $220 AGGREGATE/SUBGRADE: Abrasion Test (ASTM C131/C535) 100 and 500 Revs ..................................................... $275 500 & 1000 Revs ....................................................... $303 200 and 1000 Rev ..................................................... $303 500 revs only............................................................ $138 1000 revs only.......................................................... $165 Clay Lumps/Friable Particles (ASTM C142) ............................... $132 Durability Index, Coarse (ASTM D3744/CTM229) .................... $149 Durability Index, Fine (ASTM D3744/CTM229) ........................ $127 Durability Index, Coarse & Fine (ASTM D3744/CTM229) ........ . $275 Organic Impurities (ASTM C40).................................................. $88 Percent Fractured Aggregate (ASTM D5821) per sieve size ....... $33 Fine Aggregate Angularity (ASTM C1252)................................ $180 Sand Equivalent (ASTM D2419)................................................ $115 Sieve Analysis (ASTM C136) fine aggregate........................................................... $120 coarse aggregate...................................................... $105 Specific Gravity and Absorption: fine aggregate (ASTM C128)..................................... $165 coarse aggregate (ASTM C127)................................ $135 Sulfate Soundness (ASTM C88) per sieve size .......................... $150 Cleanness Value (CTM 227)...................................................... $145 Flat & Elongated Particles, (ASTM D4791) Per Screen Size .................................. $33 Unit Weight of Aggregate, loose/dry rod (ASTM C29) ............... $90 SAMPLE PREPARATION Sample preparation such as hand -cutting of samples, extraction from samplers, processing, and mixing of stabilized soils will be charged in addition to the individual test at the Engineering Technician hourly rate............................................................................................. $95 DELTA 16 — 39 10/4/202 Page 3 Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS CONSTRUCTION MATERIALS ASPHALT CONCRETE: Bulk Specific Gravity of Core, Coated (CTM 308, ASTM D1188)................................$83 Hveem Unit Weight (CTM 304/308), set of 3 ...........................$295 Hveem Unit Weight (ASTM D2726), set of 2............................$235 Stabilometer /Hveem (ASTM1560, ASTM 2726) set of 2.......... $335 Stabilometer /Hveem (CT 366) set of 3....................................$360 Stabilometer Only, (CT 366) set of 3.........................................$297 Stabilometer Only, (ASTM D1560) set of 2...............................$253 Bulk Sp. Gravity (Rice) (ASTM D2041).......................................$176 Bulk Sp. Gravity (Rice) (CT309)...................................................$88 Asphalt Concrete JMF Verification..........................................Quote Marshall Unit Weight (ASTM D1559), 3 plug average ..............$281 Marshall Stability/Flow (ASTM D1560), set..............................$290 Percent Bitumen (CTM 382).....................................................$138 Percent Bitumen & Gradation (CTM 382/202) .........................$264 Film Stripping (CTM 302 ).........................................................$259 HMA Moisture Content (CTM 371).............................................$44 Ignition Oven Correction Factor Aggregate and oil......................................................$780 Ignition Oven Correction Factor Aggregate and oil w/ RAP.........................................$900 Hveem AC Mix Design.............................................................Quote Marshall AC Mix Design..........................................................Quote Tensile Strength Ratio(TSR) .........................................................Quote REINFORCED CONCRETE TESTS: Compressive Strength, per cylinder (ASTM C39) ........................$35 Compressive Strength, per core (ASTM C39/42) ........................$72 Flexural Strength, 6x6x18 beam (ASTM C78)..............................$90 Compressive Strength, Shotcrete Panel, Set of 3 (ASTM C39/42).............................................$360 Compressive Strength of Shotcrete, per core.............................$72 Removal of Shotcrete Cores, In Lab, each..................................$80 Compressive Strength, Light Weight Concrete Fill .....................$35 Compressive Strength, Soil Cement............................................$44 Drying Shrinkage, 3 specimens, 28-day....................................$413 Modulus of Elasticity (ASTM C469)...........................................$248 REINFORCED CONCRETE TESTS: (cont.) Tensile Strength, Splitting (ASTM C496) .........................$100 Petrographic Analysis of Cementitious Mat..................Quote Cement Content Analysis of Conc. (ASTM C1084) ........Quote Coefficient of Thermal Expansion.................................Quote Concrete Trial Batch w/ lab testing...............................Quote STRUCTURAL MASONRY: Compressive Strength Prism, All Sizes, each.....................$132 Compressive Strength of Masonry Block, Set of 3 (ASTM C140)......................................$396 Linear Shrinkage of Masonry Blk., set of 3 (ASTM C426) $363 Shear Test of Masonry Cores, 6"(DSA) ...........................$110 Compressive Strength of Masonry Cores, 6" ....................$72 Dimensions of Masonry Block, Set of 3 (ASTM C140)....... $60 Absorption of Masonry Block (ASTM C140), Setof 3............................................................................$138 Unit Weight of Masonry Block (ASTM C140), Setof 3............................................................................$110 Moisture Content of Masonry Block (ASTM C140), Setof 3............................................................................$110 Mortar Compressive Strength 2x2x2, per cube (ASTM C109)...........................................$39 2x4, per cylinder (UBC STD 21-16)....................................$45 Grout Compressive Strength 3x3x6, per prism (UBC STD 21-18)....................................$72 Brick Compressive Strength, 5 brick set (ASTM C67) ......$292 Brick Absorption Test (ASTM C67) 5 or 24-hour submersion, 5 brick set..............................$292 1, 2, or 5-hour boiling, 5 brick set...................................$292 Efflorescence, Brick, 5 brick set (ASTM C67)...................$290 Modulus of Rupture, 5 brick set (ASTM C67)..................$209 Moisture As -Received, 5 brick set (ASTM C67)...............$180 Saturation Coefficient/Absorption, 5 brick set (requires 24 hr. Submersion and 5 hr. boil Absorption test prior to calculation)................................................$143 IiY DELTLX 16 - 40 10/4/2022 Page 4 Group Delta Consultants, Inc. Schedule of Fees 2022 LABORATORY TESTING, CONTINUED (unit cost) CONSTRUCTION MATERIALS 139:illd]111:7-11 W11194M High Strength Bolt Testing (ASTM F606) Hardness, bolt, washer, or nut, each ....................$28 Bolt Wedge Tensile, each.......................................$83 Bolt Proof Load, each.............................................$60 Nut Proof Load, each.............................................$50 Bolt Assembly Test Series, Set of 3 ...................... $780 Set -Up, if less than three bolts are submitted .......................$80 Rebar, Tensile Test (ASTM A370) No. 3 bar to No. 14 bar..........................................$75 No. 18 bar............................................................$200 Rebar, Bend Test (ASTM A370)..............................................$63 Welded Rebar — Hoops (CTM 670)........................................ $75 Mechanically Spliced (CTM 670) No. 3 bar to No. 14 bar........................................$100 No. 18 bar............................................................ $200 Slippage Test in Addition to Tensile, each .............$75 Structural Steel, Tensile Test (ASTM A370) 100kor less............................................................$85 101k-200k............................................................ $105 STRUCTURAL STEEL: (cont.) Structural Steel, Bend Test ..................................................... $75 Structural Steel, Pipe Flattening Test ..................................... $66 Seven Wire Strand, Tensile/MOE (ASTM A416) ................... $230 Seven Wire Strand, Tensile Only (ASTM A416) .................... $155 Machining and Prep. of Structural Steel ............................ Quote Structural Steel Chemical Analysis ..................................... Quote Skidmore Bolt Calibration, In Lab ......................................... $170 Weld Procedure Qualification Test, Rebar........................... $325 Welder Qualification Test, Rebar......................................... $175 Weld Procedure Qualification Test ...................................... $375 Welder Qualification Test ................................................... Quote Carbon Equivalent................................................................ $150 Carbon Equivalent, Including Calculation ............................. $200 Macroetch Test of Welds ..................................................... $110 Nelson Stud Tensile (ASTM A370)...................................... Quote Charpy Impact Testing........................................................ Quote FIREPROOFING: Spray -Applied Fireproofing, Density (ASTM E605) Oven -Dry Method............................................................ $60 Displacement Method ...................................................... $75 QW&SIKI ELTA 16 — 41 10/4/2022 Page 5 SC DS Consulting design Eduardo SantaCruz, architect A.I.A. C-33103 Certified Access Specialist CASp-729 2518 West 15r St, Gardena, CA 90249 310.612.4574 310.868.2708 fx edward@santacruzcadd.net Principal Architect $150.00 Senior Design $102.00 Senior CAD tech-1 $ 88.00 CAD Tech-2 $ 74.00 Clerical $ 58.00 Civil/ Structural Engineer $190.00 City Council 16 — 42 10/4/2022 Veneklasen Associates Consultants in Acoustics I Noise I Vibration I AV I IT I Security 2022 HOURLY RATES Category Billing Rate/Hour Principal (Associate 1) $260 Associate Principal (Associate 11) $210 Senior Associate (Associate III) $190 Associate IV $160 Associate V $140 Associate VI $120 City Council 16 — 43 10/4/2022 Architecture! Resources Group KATIE E. HORAK Principal I Architectural Historian & Preservation Planner Katie is a Los Angeles -area native and Principal in ARG's Los Angeles office. She has nearly twenty years experience in the field of historic resource management in both the public and private sectors. Katie is a recognized leader in the industry, bringing creative and innovative solutions to complex issues related to historic site documentation, management, and adaptive re -use. Katie brings expertise in policies related to the California Environmental Quality Act (CEQA), preservation tax incentives, Secretary of the Interior's Standards compliance, and issues surrounding recent -past resources and intangible heritage. Relevant Project Experience • City of Santa Ana, On -Call Environmental and Planning Services, Santa Ana, CA • Pacific Electric Substation #14, Standards Compliance Review, Santa Ana, CA • 302 W. 4th Street Historic Preservation Consulting Services, Santa Ana, CA • Standard/McFadden Park Cultural Resources Records Search, Santa Ana, CA • 1411 N. Broadway Historical Resource Assessment, Santa Ana, CA • 1800 E. La Veta Peer Review, Orange, CA • City of Anaheim, On -Call Historic Resources Consulting, Anaheim, CA • City of Tustin, Citywide Historic Resources Survey, Tustin, CA • 574 S. Glassell Street, Historic Resources Evaluation, Orange, CA • 305 S. Main Street Historic Preservation Consulting Services, Orange, CA • City of Dana Point, On -Call Preservation Consulting Services, Dana Point, CA • City of Dana Point, Historic Resources Inventory Update, Dana Point, CA 35147 Beach Road, Project Impacts Evaluation, Dana Point, CA Selected Lectures & Speaking Engagements • "Culture, Community, and the Holiday Bowl," Save As: NextGen Heritage Conservation podcast, featured interviewee. December, 2021 • "Minoru Yamasaki and the'World's Most Beautiful Hotel"' Preserving the City of the Future: Civic and Corporate Los Angeles in the 20th Century, Los Angeles County Museum of Art (LACMA), June 2019 • "Preservation Possibilities for 1990s Architecture," Preserving the Recent Past Conference, Los Angeles, March 2019 • "Implementing Heritage Surveys and Digital Inventories," National Trust for Canada Conference, Fredericton, New Brunswick, Oct. 2018 • "Historic Surveys and Designation: From Identification to Nomination" California Preservation Foundation Workshop, January 2016. • "Beyond Mid -Century Modern," California Preservation Conference, May 2015. Education Master of Heritage Conservation, University of Southern California University of Oregon, Eugene Historic Preservation Field School in Canova, Italy Bachelor of Arts, Art (Painting/ Drawing), Whitworth College, Spokane, Washington Meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History Memberships President -Elect, Docomomo US Founding President, Docomomo US, Southern California Chapter Los Angeles Conservancy Society of Architectural Historians, Southern California Chapter Los Angeles Headquarters Association (LAHQ) Academic Involvement Adjunct Assistant Professor, University of Southern California. Current courses taught: Introduction to Historic Site Documentation, and Advanced Documentation: Historic Resources Surveys Architectural RCoty Council 16 — 44 10/4/2022 Architecture! Resources Group EVANNE ST. CHARLES LEED AP O+M, Senior Associate I Architectural Historian & Preservation Planner Evanne is an Architectural Historian and Preservation Planner in ARG's Los Angeles office with ten years of experience in historic resource management. She has managed and contributed to a range of historic preservation projects, including historic structure reports, landmark nominations, historic resources surveys, California Environmental Quality Act (CEQA) compliance documentation, Mills Act Property Tax Abatement Program administration, and federal historic preservation tax credit applications. Evanne is also actively involved with the Association for Preservation Technology International (APT) Technical Committee on Sustainable Preservation. Relevant Project Experience • City of Santa Ana, On -Call Environmental and Planning Services, Santa Ana, CA • Pacific Electric Substation #14, Standards Compliance Review, Santa Ana, CA • 302 W. 4th Street Historic Preservation Consulting Services, Santa Ana, CA • Standard/McFadden Park Cultural Resources Records Search, Santa Ana, CA • 1411 N. Broadway Historical Resource Assessment, Santa Ana, CA • Santa Ana Library Windows Assessment, Santa Ana, CA • 1800 E. La Veta Peer Review, Orange, CA • City of Anaheim, On -Call Historic Resources Consulting, Anaheim, CA • City of Anaheim, Mills Act Historical Property Contract Program Consulting, Anaheim, CA • City of Anaheim, Architectural Style Guides, Anaheim, CA • City of Anaheim, 2660 W. Broadway Historic Resource Survey, Anaheim, CA • City of Anaheim, Brookhurst Park Historic Resource Evaluation for Section 106, Anaheim, CA • City of Anaheim, 326 S. Lemon Street Historic Significance Evaluation, Anaheim, CA • City of Tustin, Citywide Historic Resources Survey, Tustin, CA • City of Dana Point, Historic Resources Inventory Update, Dana Point, CA • Heritage Square Environmental Impact Report, Signal Hill, CA • City of South Pasadena, ADUs Design Standards and Guidelines for Historic Properties, South Pasadena, CA • City of Arcadia, Citywide Historic Resources Survey, Arcadia, CA • City of Arcadia, Historic Preservation Ordinance, Arcadia, CA • 1225 Rodeo Road, Historic Resource Evaluation and Historic Design Review, Arcadia, CA • Santa Fe Railway Depot, Historic Preservation Certification Application for Federal Historic Tax Credits, Redlands, CA • City Transfer and Storage Company Warehouse, Historic Preservation Certification Application for Federal Historic Tax Credits, Redlands, CA Education Master of Science, Historic Preservation, University of Oregon, Eugene Bachelor of Arts, Art History with Architecture and Environment Emphasis; Bachelor of Arts, Geography, University of California, Santa Barbara Meets the Secretary of the Interior's Professional Qualifications Standards in Architectural History and History Memberships Association for Preservation Technology International (APT), Member APT Technical Committee on Sustainable Preservation, OSCAR Focus Group, Co -Chair Los Angeles Conservancy, Member Architectural RCoty Council 16 — 45 10/4/2022 Project Experience EXPERIENCE IN SANTA ANA & SURROUNDING COMMUNITIES • City of Santa Ana, On -Call Environmental and Planning Services, Santa Ana, CA • Pacific Electric Substation #14, Standards Compliance Review, Santa Ana, CA ■ 302 W. 4th Street Historic Preservation Consulting Services, Santa Ana, CA ■ Standard/McFadden Park Cultural Resources Records Search, Santa Ana, CA • 1411 N. Broadway Historical Resource Assessment, Santa Ana, CA • Santa Ana Library Windows Assessment, Santa Ana, CA • 1800 E. La Veta Peer Review, Orange, CA ■ City of Anaheim, On -Call Historic Resources Consulting, Anaheim, CA • City of Anaheim, Mills Act Historical Property Contract Program Consulting, Anaheim, CA • City of Anaheim, Architectural Style Guides, Anaheim, CA • City of Anaheim, 2660 W. Broadway Historic Resource Survey, Anaheim, CA • City of Anaheim, Brookhurst Park Historic Resource Evaluation for Section 106, Anaheim, CA • City of Anaheim, 326 S. Lemon Street Historic Significance Evaluation, Anaheim, CA • City of Tustin, Citywide Historic Resources Survey, Tustin, CA • City of Dana Point, On -Call Preservation Consulting Services, Dana Point, CA • City of Dana Point, Historic Resources Inventory Update, Dana Point, CA • 35147 Beach Road, Project Impacts Evaluation, Dana Point, CA • 574 S. Glassell Street, Historic Resources Evaluation, Orange, CA • 305 S. Main Street Historic Preservation Consulting Services, Orange, CA • 1800 E. La Veta Peer Review, Orange, CA • Laguna Beach Digester, Historic Resources Assessment, Laguna Beach, CA City of Santa Ana, On -Call Environmental & Planning Services, Pacific Electrical Substation #14, Standards compliance review FJ Santa Ana Main Library Windows Assessment Architectural RCoty Council 16 - 46 10/4/2022Group Architectural ` Resources Group STANDARD BILLING RATES 1. Direct personnel expense shall be billed at the following rates, including time for meetings, public meetings, and presentations: Principal $250 to $300/hour Senior Project Manager $200 to $250/hour Project Manager $180 to $200/hour Senior Architect $180 to $200/hour Senior Designer $165 to $180/hour Senior Historian/ Planner $165 to $180/hour Senior Conservator $165 to $180/hour Architect $165 to $180/hour Designer $145 to $165/hour Historian/ Planner $145 to $165/hour Conservator $145 to $165/hour Junior Architect $135 to $145/hour Junior Designer $135 to $145/hour Junior Historian/ Planner $135 to $145/hour Junior Conservator $135 to $145/hour Intern $100to $135/hour Administrative Personnel $90 to $135/hour 2. Reimbursable Expenses shall be billed at cost plus 15% and shall include the following: a. Reproduction costs such as printing or duplication of drawings, specifications, written reports, and cost estimates, etc. b. Lodging, subsistence, and out-of-pocket expenses for authorized travel in connection with work. c. Travel: (including local) IRS allowable rate plus tolls and parking, or cost of air travel. d. Special teleconference or database access charges. e. Cost of models, special renderings, photography, special process printing, special printed reports or publications and maps. f. Postage and delivery charges. g. Professional consultants retained with client approval. h. Specialized equipment rental (required by the project). 3. Equipment Use Fee of $250 shall be charged for specialized equipment like the Thermal Imaging Camera, 3D Camera, or Binocular Microscope. 4. Rates shall increase 5% each year until the project is completed. 5. Rates effective January 1, 2022 thru December 31, 2022. City Council 16 — 47 10/4/2022 �■ I QS GRouP j t t r.1 City Council U Y 1 10/4/2022 1 ters Canyor/Road, Suite1130 I Irvine California V2606 1 T: ( v 9) 387-85N0 I www.iAgi.com EXHIBIT D City Council 16 — 49 10/4/2022 EXHIBIT D FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit D. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. (ii) The Consultant will, 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, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will 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 Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to ear MbA84 applicants for employment. 16 — 50 10/4/2022 (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement 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 Executive 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, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a 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 subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has iQL t ounce assl ion contracts pursuant to the Executive Order and will carry out such sanctions an pena ties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause req City Council 16 — 52 10/4/2022tant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to veritit�a,tbl hi6gcontractors performing work under "s.-AWement are not debarre4lp�Wgo flied, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or 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 funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corte 1e� �gz ou i vision igi a ec no og o Rany, or a ua ec n j eany (or any su si iary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L)§200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (,iv) Establishing delivery schedules, where the requirement permits. which enccQ*E;pwth Apation by small and minority busin$fi,-aMwomen's business entd#992QMd (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 20. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City Council 16 — 56 10/4/2022 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; City Council (3) The Government Acco%t-Aiity Office; 10/4/2022 management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City Council 16 — 58 10/4/2022 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. City Council 16 — 59 10/4/2022 W If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council 16 — 60 10/4/2022 PROJECT TITLE: Public Health Plaza and Wellness Programming PROJECT CATEGORY: City & Park Facility Improvements Facility LOCATION MAP A N AGENCY: Public Works 9 CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The City of Santa Ana will be transforming the City of Santa Ana Plaza into an ADA compliant Public Health Plaza. These improvements will also include two (2) new plaza restrooms accessible from the outside and the renovation of existing restrooms inside the Council Chambers. illPROJECT NEED: The City of Santa Ana Plaza is an underutilized space by the community, only being used as access to City Hall and council meetings. This renovation should revive the plaza in the most cost effective and environmentally friendly manner possible. The City of Santa Ana Plaza will be the focal point of the project with key upgrades and expansion to the area and services that will be provided to the community. Design will include ADA compliant features as well as aesthetic enhancements. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 3,579,923 - - - - - - Engineering 420,077 TOTAL 4,000,000 - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 4,000,000 - - - - - - TOTAL 4,000,000 - - - DIVISION: C/P Engineering CONTACT: Sean Thomas, Senior Civil Engineer DATE: 30-Aug-2022 City Council 16 — 61 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Easement to Southern California Edison AGENDA TITLE: Grant an Easement to Southern California Edison to Allow Underground Power to Serve 2202 Magnolia Avenue RECOMMENDED ACTION Authorize the City Manager to execute an Easement Deed granting Southern California Edison (SCE) the right to place, own, and maintain power conduits and conductors underground to serve 2202 South Magnolia Avenue, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2018, the City acquired parcels of land located at 2201 and 2205 South Bristol Street in conjunction with the Bristol Street Widening project. Along the east edge of the parcels are power poles and overhead power lines, which serve the residential lots fronting Magnolia Avenue (Exhibit 1). The owner of the single-family residential structure at 2202 South Magnolia, immediately east of 2201 South Bristol Street, is completing a remodel and building addition. The building addition must comply with SAMC 41-626, which requires underground placement of utilities serving the site. In order to service the site, SCE requires the City to grant an easement for the undergrounding of the electrical service (Exhibit 2). 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. Location Map 2. Easement Deed Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency City •10/4/2022 City Council EXHIBIT 1 17 — 2 10/4/2022 RECORDING REQUESTED BY EXHIBIT 2 E SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company WHEN RECORDED MAIL TO SOUTHERN CALIFORNIA EDISON COMPANY 2 INNOVATION WAY, 2nd FLOOR POMONA, CA 91768 Attn: Title and Real Estate Services SCE Doe. No. GRANT OF EASEMENT SPACE ABOVE THIS LINE FOR RECORDER'S USE DISTRICT SERVICE ORDER SERIAL NO. MAP SIZE DOCUMENTARY TRANSFER TAX $ NONE Central OC TD1986885 VALUE AND CONSIDERATION LESS THAN $100.00) SCE Company FIM 41-14C SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME APN 015-194-23 VEGETATION & LAND SLS/WP 7/18/22 MANAGEMENT CITY OF SANTA ANA, a charter City and municipal corporation (hereinafter referred to as "Grantor"), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee"), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems"), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above -ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Orange, State of California, described as follows: THE NORTHERLY 3.00 FEET OF THE EASTERLY 6.00 FEET OF LOT 193, TOGETHER WITH THE SOUTHERLY 6.00 FEET OF THE EASTERLY 6.00 FEET OF LOT 194, BOTH OF TRACT NO. 1192, AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. It is understood and agreed that the above description is approximate only, it being the intention of the Grantor(s) to grant an easement for said systems as constructed. The centerline of the easement shall be coincidental with the centerline of said systems as constructed in, on, over, under, across, and along the Grantor(s) property. This legal description was prepared by Spectrum Land Services pursuant to Sec. 8730(c) of the Business & Professions Code. Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement. Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation aU'NTWRii 17 - 3 10/4/2022 EXECUTED this day of 120 GRANTOR CITY OF SANTA ANA, a charter City and municipal corporation Signature Print Title GRANTEE SOUTHERN CALIFORNIA EDISON COMPANY, a corporation Signature Print Title City Council 2 17 — 4 10/4/202DSE802187813 TD1986885 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 before me, a Notary Public, 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) 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 before me, , a Notary Public, 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 3 17 — 5 10/4/202DSE802187813 TD1986885 EXHIBff 'A' EASEMENT DESCRIPTION FOR UNDERGROUND ELECTRICAL SERVICE PURPOSES ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: THOSE PORTIONS OF LOTS 193 AND 194 OF TRACT No. 1192 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 39, PAGES 16-17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 175, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF MAGNOLIA AVENUE; THENCE SOUTH 89'52'10" WEST A DISTANCE OF 109.08 FEET; THENCE SOUTH 02'05'16" WEST ALONG THE WESTERLY LINE OF SAID LOT 175 A DISTANCE OF 54.22 FEET TO THE TRUE POINT OF BEGINNING (T.P.O.B.) OF THIS EASEMENT; THENCE NORTH 87'54'44" WEST A DISTANCE 5.00 FEET; THENCE SOUTH 02'05'16" WEST A DISTANCE OF 12.00 FEET; THENCE SOUTH 87'54'44" EAST A DISTANCE OF 5.00 FEET; THENCE NORTH 02005'16" EAST A DISTANCE OF 12.00 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL AREA OF THIS EASEMENT BEING 60.00 SQUARE FEET, 30.43 SQUARE FEET ON LOT 193 AND 29.57 SQUARE FEET ON LOT 194 AS SHOWN ON EXHIBIT'B', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF QRoFESSIOH q PREPA ED BY ME OR UNDER MY SUPERVISION R, Wq �' c�Q0 l,�� 2� z 4AT/ No. 21670 m R. ALKER Exp.9-30-23 R.C.E.21 70 s� CIVIL P �rf OF CAL 1 VC�\\ SHEET I OF I ounce 022 EXHIBIT 'B' UNDERGROUND ELECTRICAL EASEMENT PLAT z z a z Z c� u- o o� u� 2 ui rn m O o� z 0 I (LOT 193, TR. 1192) 1 Lr ULIYIL �0' PUE PE M 39/16-1 0 QapFESS/oV WA F H z i No. 21670 m E.p.9-30-23 sf CIVIL r TF O CALF P.O.B. LOT 174, TR. 1192 NORTHEAST CORNER OF LOT 175 — N89°52'10"E, 109.08 R/W I I i I o � COT 175, TR. 1192 � ZW (MM 39116-17) Q APN: 015-194-07 i o I I m LINE OF NEW STRUCTURE i I L- - - - - - - - - - - - - - - - - J N89°52'10"E, 110.49' NT DETAIL BELOW I EX. PUE LINE (LOT 194, I 5 I T.P.0.6. TR. 1192) W CV —IJ (LOT 193, TR. 1192) EX. SCE 4L3 I POWER POLE I SCALE: 1 8"= 1' I INF TABLE No.1 LE GTH BEARING L2 S02005'16"W Q 8705 '44" L4 12.00' N02005'16"E SHEET 2 OF 21 0 15 30 60 SCALE: 1"= 30' I EASEMENT PLAT IN THE CITY OF SANTA ANA I BY ME OR UNDER MY SUPERVISION GARY R. R.C.E.2' THIS MAP WAS PREPARED FROM REC SAUL RODRIGUEZ OR f SAUL MAGNOLIA DATA AND DOES NOT REPRESENT A SURVD EY SAN) AANSA0CA92707 OF THE PROPERTY SHOWN HEREON Public Works Agency www.santa-ana.org/pw Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Purchase of Real Property for Future Water Resources Well Facility AGENDA TITLE Purchase and Sale Agreement of Real Property at 206 S. Flower Street for Future Water Resources Well Facility (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a purchase and sale agreement with Tom Morrison, Patricia Morrison, Jimmy Hsieh, and Natalie Marquez for the purchase of real property located at 206 S. Flower Street (APN 008-213-31), in the amount of $775,000, plus normal closing costs and escrow fees and relocation expenses, for a total amount not to exceed $1,050,000, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,050,000 in funds for the Flower Street Well Project (No. 23-6475). DISCUSSION The Public Works Agency's Water Resources Division oversees and maintains the daily operations of the City's water distribution system. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, 7 pump stations, 10 reservoirs with a storage capacity of 49 million gallons, 4 pressure regulating vaults (PRVs), and 7 connection points with the Metropolitan Water District of Southern California (MWD). Through various studies, including a Water System Master Plan and hydraulic analyses, Water Resources staff has identified ideal areas for groundwater wells. The location of the subject property (Exhibit 1), which is in the vicinity of the existing Walnut Pump Station located near the intersection of Flower Street and First Street, has been identified as an ideal location for new well sites. In 2018, Water Resources purchased the adjacent parcel with the intention of building a new water well site. The addition of the subject property allows Water Resources to build a new well site with minimal impact to the surrounding properties. City Council 18 — 1 10/4/2022 Purchase Agreement for Future Flower St. Well October 04 2022 Page 2 A purchase offer was made for the subject property based on the appraised value by a state -licensed real estate appraiser, and the offer was accepted by the property owners. The purchase price for the acquisition is $775,000, and is shown in the corresponding Purchase and Sale Agreement (Exhibit 2). Closing costs and escrow fees are approximately $25,000, and relocation expenses in an amount not to exceed $250,000 have been added to the budget, bringing the total anticipated purchase expenditure to $1,050,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds for this action have been transferred from previously appropriated funds under SA- 1 Hydrogenerator Upgrade Project (No. 21-6462) to new Flower St Water Well Project (No. 23-6475) and are available for expenditure in the current Fiscal Year 2022-23 as shown below: Fiscal Year Accounting Unit - Account # Fund Description Accounting Unit, Account Description Amount 2022-23 06617647-66100 Acquisition & Water Utility Capital $800,000 (23-6475) Construction Projects, Land 06617647-66301 Acquisition & Water Utility Capital 2022-23 (23-6475) Construction Projects, Water Capital $250,000 Project Total $1,050,000 EXHIBIT(S) 1. Vicinity Map 2. Purchase and Sale Agreement 3. FY 2022-23 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 18 — 2 10/4/2022 — — ..r"� ` St �IA �I A '.0; F7 7-TI i Flower Street Parkl R „i 0 RPMw120 j I 1C� + [mil W1 alnuj. t� - I i — - - 41 210 i ■ 77. � Y �My N • � I �• I ;i � ,24t, 214 S sRon- 7�4 I 724 = — — r I _ _ .i PARCEL NO.: 008-213-31 PROJECT: FLOWER WELL — RIGHT OF WAY ACQUISITIONS AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND ESCROW INSTRUCTIONS THIS AGREEMENT FOR ACQUISITION OF REAL PROPERTYAND ESCROW INSTRUCTIONS (this "Agreement') is entered into this day of , 2022 by and between the CITY OF SANTA ANA, a municipal corporation ("City"), AND TOM MORRISON, PATRICIA MORRISON, JIMMY HSIEH AND NATALIE MARQUEZ, CO -TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SUBJECT TO ITEM NO. 5. (collectively, "Seller") for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement, all that certain real property ("Property") situated in the City of Santa Ana, County of Orange, State of California, and legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2, PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of Seventy- Five Thousand Dollars and no/100 Dollars ($775,000.00) (the "Purchase Price'). 3, CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: A. All taxes for the current Fiscal year prorated as per Section 5. B. Quasi -public utility, public alley, public street easements, and rights of way of record. C. Other items as shown on Preliminary Title Report to be provided and approved by Buyer in its sole discretion in Escrow. 4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Deed to Buyer, cause Buyer to be provided with a CLTA Standard Coverage Policy of Title Insurance in the amount of $775,000.00 issued by a title company of Buyer's choice showing the title to the Property vested in Buyer, subject only to the exceptions set forth in Section 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer and Seller agree to open an escrow in accordance with this Agreement at Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120, Newport Beach, CA 92660. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close the escrow established hereby In the shortest possible time. Seller has executed and delivered a Grant Deed ("Deed") to Buyer concurrently with this Agreement, Page 1 City Council 18 — 4 10/4/2022 conveying the Property to Buyer effective upon the close of escrow. As soon as possible after opening of escrow, Buyer will deposit the executed Reed, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the Purchase Price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel its own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Property; B. In the event this escrow closes between February 1 and May 30, and current tax information is not available from title insurer, Escrow Agent is Instructed to withhold from Seller's proceeds an amount equal to 120% of the prorated amount due based upon the previous fiscal year's second half tax bill. At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the Buyer and shall refund any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller agrees to immediately pay the difference; In the event said tax information is available, Seller's taxes shall be prorated in accordance with subsection "C" below. C. From the date that tax information is available, as per subsection "B", up to and Including May 30, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest, if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with the closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO AND SHALL: E. Pay and charge Seller, upon Seller's written approval, for any amount necessary to place title in the condition necessary to satisfy the requirements of Section 3; F. Pay and charge Buyer for any escrow fees, charges, and costs payable under Section 6; G. Disburse funds and deliver the Deed when conditions of this escrow have been fulfilled by Buyer and Seller. Page 2 City Council 18 — 5 10/4/2022 The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title Insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be In writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow Is not in condition to close within 60 days from date of these Instructions, any party who then shall have fully complied with its instructions may, in writing, demand the return of its money or property; but if none have complied no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such demand to all other parties at the respective addresses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 18, and 19 to Its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES CHARGES AND COSTS. Buyer agrees to pay all of Buyer's and Seller's usual fees, charges, and costs which arise In this escrow. 7, RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current, and correct statement of rentals on a form furnished to Seller and deliver the same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the Property which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month. 8. PERMISSION TO ENTER ON PREMISES, Seiler hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. 9. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, Irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer and to Overland, Pacific & Cutler, LLC., 5000 Airport Plaza Drive, Suite 250, Long Beach, California 90815, purpose being to ascertain if any reimbursements are due to Seller. Page 3 City Council 18 — 6 10/4/2022 11, LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the Property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to Property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 12. rRESERVED1. 13. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S PERSONAL PROPERTY. Possession of real property shall be given to Buyer upon the recording of Seller's deed. All personal property remaining on the Property ten days (10) days after the close of escrow shall become the property of Buyer and Buyer may dispose of same without liability as it alone sees fit. Buyer shall not be liable for any loss of or damage to said personal property, regardless of when such loss or damage occurs. 14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER, Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. B. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. C. Until the closing, Seller shall maintain the Property in good condition and state of repair and maintenance and shall perform all of Its obligations under any service contracts or other contracts affecting the Property, D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. E. All utilities including gas, electricity, water, sewage, and telephone, are available to the Property, and to the best of Seller's knowledge, all such items are in good working order. F. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. G. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. Page 4 City Council 18 — 7 10/4/2022 15. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (i€) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, D1vlslon 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (€11) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vi€) polychlorinated byphenyls, (vi€€) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U,S.C. 56901 et sue. (42 U.S.C. 56903) or (xl) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. 59601). 16, COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liabil€ty, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (€) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (€1) the violation, or alleged violation, of any statute; ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, In, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. Page 5 City Council 18 — 8 10/4/2022 18. SOIL TESTING. It is understood and agreed upon and between the parties hereto that this escrow is subject to and conditioned upon acceptable soils conditions and the absence from the property of toxic or hazardous substances and any other kind of soil or water contamination and Seller further authorized the Buyer, its agents or assigns to enter upon the subject property for the purpose of conducting a soils, toxic, and hazardous substance test. Any other provision of this Agreement notwithstanding, at Buyer's discretion, either may elect to rescind this Agreement and cancel any escrow which may have been opened pursuant hereto in the event soils conditions are not acceptable to Buyer or there is present on the Property toxic or hazardous substances or any other kind of soil or water contamination. 19, FULL AND COMPLETE SETTLEMENT Seller hereby acknowledges thatthe compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the property and any dislocation of Seller from same, specifically including, but not limited to, any and all rights to participation in the redevelopment of property in the Redevelopment Project Area, the value of the Property, any and all claims In inverse condemnation and for pre -condemnation damages, any and all loss of business goodwill and any and all relocation benefits that Seller may be entitled to, the nature of which is fully known by Seller and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this Property, however Seller and Buyer, and each and all of their individual and collective agents', representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject property. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Seller hereby acknowledges that it has been advised by its attorney concerning, and are familiar with, the provisions of 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 favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Seller acknowledges that pursuant to H C e Section 34315(d), Buyer has the power of eminent domain and may exercise such power at any ti e. r, , Seller's Initials Seller acknowledges that it 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, Seller also acknowledges that changes in law may occur in the future which may apply retroactively and may allow Seller to be entitled to further claims for damage, loss, costs or expenses which are presently unknown and unsuspected. 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 it may have under Californla Civil Code section 1542, or under any statute or common law or equitable principle of similar effect. This acknowledgment and release survives the close of escrow. 20. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. City Council 18 — 9 10/4/2022 21. MISCELLANEOUS. No provision of this Agreement may be amended except by a written amendment signed by all of the parties, Should any legal action or reference be undertaken by any party to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to its attorneys' fees and costs. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. In the event any one or more of the provisions contained in this Agreement are held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. This Agreement shall be governed by and be construed in accordance with the laws of the State of California. The parties shall execute, acknowledge and deliver such additional documents, and do such further acts and things as may be necessary or convenient to carry out the intent of this Agreement. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular and plural as the identity of the person or persons, or as the context may require. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. MAILING ADDRESS OF SELLER 29349 SPECTRUM IRVINE, CA 92618 DATE: 6-14! `. Z 0 2-2 DATE: DATE: SELLER TOM MORRISON, PARICIA MORRISON, JIMMY HSIEH, NATALIE MARQUEZ, CO TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SUBJECT TO ITEM NO. 5. BY: ITS: BY: ITS: I—r-< e_ BY:� " ITS: �i Est ee Page 7 City Council 18 — 10 10/4/2022 MAILING ADDRESS OF BUYER CITY OF SANTA ANA 20 CIVIC CENTER PLAZA M-36 P.O. BOX 1988 SANTA ANA, CA 92702 DATE: BUYER CITY OF SANTA ANA, a municipal corporation BY: Kristine Ridge City Manager APPROVED AS TO FORM Jolid M. Faot, Page 8 City Council 18 —11 10/4/2022 EXHIBIT "A" LEGAL DESCRIPTION APN 008-213-31 ALLTHAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 42.00 FEET OF LOT 5 AND THE NORTH 4.00 FEET OF LOT 4 OF THE PINE STREET, TRACT', IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 59 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE WEST 40.00 FEET OF THE SOUTH 42.00 FEET OF SAID LOT 5 AND THE WEST 40,00 FEET OF THE NORTH 4.00 FEET OF SAID LOT 4. ALSO EXCEPTTHAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 31, 1975 IN BOOK 11332, PAGE 1035 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 008-213-31 Page 9 City Council 18 — 12 10/4/2022 RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: City of Santa Ana 20 Civic Canter Plaza M-36 RO Box 188 Santa Ana, CA 92702 Attn: City Clerk APN. 008-213-31 FREE RECORDING,. space above this line For Recorder's Use This Instrument Is for the benefit of the City of Santa ,Aria, and Is entitled to be recorded without fee or tax. (Goat. Coda 6103, 27383 and Rev, & 'lax Code 11922) GRANT DEED TOM MORRISON, PATRICIA MORRISON, JIMMY HSIEH AND NA`i'ALIE MARQUEZ, CO TRUSTEES OF JOHN AND MARGARET MARQUEZ TRUST, HELD UNDER AGREEMENT DATED FEBRUARY 28, 2002 SVBJECT TO ITEM NO,S, (hereinafter, Individually and collectively, "Grantor"), is the owner of that certain real property located In the City of Santa Ana, County of Orange, State of California, designated as Assessor's Parcel Number 008-213-31 ("Grantor's Property'), FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Grantor hereby grants to the CITY OF SANTA ANA, A MUNICIPAL CORPORATION, ("Grantee'), all that real property more particularly described in Exhibit "A" attached hereto, which is Incorporated herelri by this reference. DATED; & - « • , 20'Z n.7-n- GRANTO B Its; p}';- (A City Council 18 — 13 10/4/2022 EXEIIBIT "A" LEGAL. DESRIPTION ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE SOUTH 42.00 FEET OF LOT 5 AND THE NORTH 4.00 FEET OF EAT 4 OF THE PINE STREET, TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 59 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE WEST 40,00 FEET OF THE SOUTH 42.00 FEET OF SAID LOT 5 AND THE WEST 40.40 FEET OF THE NORTH 4.00 FEET OF SAID LOT 4. ALSO EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED JANUARY 31, 1975 IN BOOK 11332, PAGE 1035 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 008-213-31 City Council . 18 — 14 10/4/2022 ACKNOWLEDMMENT 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 thstdocument. STATE OF M't { l2 fV 4 A COUNTY OF 0 V-M'N 6't� } On before me, Tt ( notary Public personally I appeared] iif� I _fin f�� ig1Q-i �G A40 IS'Ok J iM �40 eVo Nfi THUC L-r D(SA ikg gff raved to me on the basis of satisfactory evidenced the person(s) whose narne(s) is r ubsaribed to the within Ins#rumens and j acknowl d to me th helsha tf hey xecuted the same in hlslhe he r uthorized capacity(ies), and that by his/he their igrrature(pon the inolrUmont the persons), or the entity upon behalf of which the person($) acted, executed a Instrument, j I certify under PENALTY OF PERJURY under the laws of the State Of Callfornla that the foregoing paragraph is true and correct. l WITNESS my hand and official seal. LNotary Public • Celifornis .foLosAnp les CountyCommission N 2356033y COMM, EXPIres NAY 10, 2025 City Council 18 — 15 10/4/2022 0 CERTIFICATE OF ACCEPTANCE This Is to certify that the City of Santa Ana, a municipal corporation, hereby accepts for public purposes the real property described in the Grant Deed and consents to the recordation thereof pursuant to authority conferred by City Council Resolution No. adopted on Dated: 41 s-6 lz6-F, 7 By; �- I Nabil Saba Executive Director of Public Works City of Santa Ana City Council 18 — 16 10/4/2022 PROJECT TITLE: Flower Street Water Well Facility PROJECT CATEGORY: Utility/Drainage/Lighting Improvements Water Improvements r LOCATION MAP CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Construction of a new water well facility. PROJECT NEED: A new water well will increase system pumping capacity, increasing the City's drought resiliency and improving overall system performance and water quality. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Other 1,050,000 - - - - - - TOTAL 1,050,000 - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 WATER CAPITAL 1,050,000 - - - - - - TOTAL 1,050,000 - - - - - AGENCY: DIVISION: CONTACT: DATE: Public Works Water Resources Armando Fernandez, Senior Civil Engineer 22-Sep-2022 City Council 18 — 17 10/4/2022 Public Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Amend Gasoline and Diesel Fuel Purchase Agreement AGENDA TITLE Approve First Agreement Amendment with TACenergy for the Purchase of Gasoline and Diesel Fuel, to Increase the Contract Amount by $600,000 and Extend Through January 31, 2023 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the gasoline and diesel purchase agreement with TACenergy, by an increase of $600,000 and extend agreement services through January 31, 2023, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency's Central Stores is responsible for purchasing and dispensing fuel at the fueling stations at the City's Corporate Yard and Santa Ana Police Department. On December 19, 2017, City Council awarded an agreement to IPC Fuel Distribution, now known as TACenergy (Exhibit 1), to provide unleaded gasoline and diesel fuel to both fueling stations. The agreement is set to expire on December 31, 2022. The City has a fleet inventory of over 600 vehicles that use unleaded and diesel fuel. These vehicles are assigned to various departments Citywide and rely on gas and diesel fuel. The original agreement (Exhibit 2) had a not -to -exceed expenditure amount of $950,000 per calendar year. Due to the increase in wholesale fuel costs and fleet size, the City is on pace to exceed the expenditure amounts for the current calendar year. Staff recommends to increase the agreement amount to cover expenditures through the remainder of the agreement and extending the agreement until January 31, 2023, to account for any delays with the current procurement process for a subsequent fuel supplier (Exhibit 3). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 19-1 10/4/2022 Amend Gasoline and Diesel Fuel Purchase Agreement October 4, 2022 Page 2 FISCAL IMPACT Funds in the amount of $600,000 are available in Central Stores Gas & Diesel Fuel (Account No. 07617102-63300). Fiscal Accounting Fund Accounting Unit — Amount Year Unit- Account Description Account No. No. Description 2022-23 07617102-63300 Stores & Stores & Property $600,000 Property Control Control, Gas & Diesel Total: $600,000 EXHIBIT(S) 1. Consent to Assignment 2. Agreement A-2017-347 with IPC Fuel Distribution 3. First Amendment Agreement Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 19 — 2 10/4/2022 EXHIBIT 1 INSURANCE NOT ON r11 A-2017-347-01 WORK MAY _NOT_ PROCEED; CLERK Cf�1 100 Crescent Court, Suite 1600 DATE. ■� energy. Dallas, Texas 75201 800-375-3835 � ,�Av�a.�Ca r-)��j 1 - N City of Santa Ana Yoon Kim & Jon Lopez 00 Agreement number A-2017-347 20 Civic Center Plana (M-30) Santa Ana, CA 92707 (714) 647-5558 CONSENT TO ASSIGNMENT City of Santa Ana ("City"), under that certain Agreement for Provision of Gasoline and Diesel Fuel (agreement #A-2017-347 or "Agreement"), dated December 19, 2017, by and between City and Truman Arnold Companies dba TACenergy ("Assignor"), as amended per the 2019 Consent to Assignment, consents to the assignment and transfer by Assignor of Assignor's entire right, title and interest in, to and underthe Agreement to TACenergy, LLC ("Assignee"), and agrees to acknowledge and treat Assignee as if Assignee were the original party to the Agreement from and after the date of this Consent to Assignment as provided under section 15 of the Agreement which requires the prior written consent of City for the Agreement to be assigned by Assignor. From the effective date of this Consent, Assignee acknowledges and accepts the foregoing assignment and delegation and expressly assumes, confirms, and agrees to perform, comply with and observe all of the covenants, agreements, terms, conditions, obligations, duties and liabilities of Assignor under the Agreement regardless of when such covenants, agreements, terms, conditions, obligations, duties and liabilities accrued, arose, orwere included togetherwith all outstanding and future obligations of any kind whatsoever related thereto. City and Assignee further agree that Assignee shall be liable for any amounts payable under the Agreement whether arising prior to or after the effective date of this Consent to Assignment, and agrees to look solely to Assignee for satisfaction of the foregoing described obligations under the Agreement. On and after the effective date of this Consent to Assignment, all payments required pursuant to the Agreement and all communications under the Agreement shall be directed to the Assignee as follows: TACenergy, LLC 701 South Robison Rd. P.0 Box 1481 Texarkana, TX 75504 [Signatures on the following page] TIAE' energy. 100 Crescent Court, Suite 1600 Dallas, Texas 75201 800-375-3835 IN WITNESS WHEREOF, the undersigned has executed the foregoing instrument effective as of the l" T day of July, 2022, ATTEST: Daisy Gomez ,P'Clerk of the Council RECCOMENDED FOR APPROVAL: Nabil Saba, PE Executive Director Public Works Agency UNDERSTOOD, ACKNOWLEDGED AND AGREED TO: City of Santa Ana By:-��- Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney Jose Montoya Assistant City Attorney Truman Id Companies dba TACenergy By: Name: Fred Sloan Title: Chief Operating Officer TACener LC By: Name: Fred Sloan nnnl`T II 12T RI IV 1 1 IRI City Council FUEL Y®&R 1FIff E 10/4/2022 EXHIBIT 2 iNSURANGCON FILE Professional liability Insurance A-2017-347 WORK MAY IIBOOU, required if contractor is ckr UNTIL INS RANGL PIli l U � ��C Ft 1 g I *T 2— enlp oys a teens prniess unal 611--_R OF 0U J 0 1 L DAIE! DEC 2 � f EMFNT FOR .PROVISION OF GASOLINE, AND .DIESEL FUEL TFUS AGREEMENT is made and orntered into this 19" clay of T erQmber, 2017 by eand between n IPC (USA), Inc,, a California Corporation ("Contractor"), and the City of Santa Ana., a charter city and municipal corporation orgmized and existing under the Constitution and laws of the State of Cali n-n a ("City"). RECUALS A, The City desires to retain a Contractor with special shill and expertisc to supply the Chy's annual gasolirao and diesel fuel needs, On Octobers 2, 2017, the City issued Request -for Proposal No, 17-108, by which it sought Contractors to provide gasoline and diesel fuel services to the City. B. Contractor submitted a responsive proposal selected by the City. Contractor represents that Contractor is a wholesale distributor of diesel, gasoline, LNG/natural gas, jet .fuel acid other petroleum products that maintains its headquarters in. the City and is able and willing to provide such iervices to the Cite mid as described in the scope of work that was included - in 1 E No. 17-108 and attached as Exhibit.Ato this Agreement. C. In a.mdertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be perf'ortned in compliance with such standards as may reasonably be, expected from a professional consulting 1'Irrrl in the field. NOW T'HEEREFORE, in considoration of the mutual and respective promises, and saxbject to the terms rand conditions hereinafter set forth, the parties agree a#s follows; .1, SCOPE OF SERVICES Contractor shallperform during the tezm. of this Agrcem.ent, the tasks and obligat,icans i.n.cludh g all labor, materials, tools, equipment, wid incidental eustoranaa'y work required to farlly arid. adequately complete the services described and set forth. in Exhibit A, attached hereto grad irn.corporated by reference. Cousarltant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay Contractor services performed under tlai.s Agreement at the, r4.tes and charges for fuel identified in Exhibit B. The total alarnual sung to be expended. under the term of this Agreement shall not exceed $950,000 during each ycar of the Agreement. The total_ szinl to be expended under this A.groennexnt for the entire teem-. shall not exceed $4,750,000. City Council 19 — 5 1MRA I b. Payment by City shall be made within 60 days (sixty) 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. 3. TERM This Agreement shall commence on January 1, 2018 and continue for a five (5) year term until December 31, 2022, -unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with. such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR. Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended near shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject natter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 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 mediurn of expression, including but not limited to, physical drawings or data magneticaIly or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor tinder this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all. Documents & Data. Contractor makes no such representation and warranty in regard to City Council 19 — 6 10pgamC 11 Documents & Data which were provided to Contractor 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, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described: below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) 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 Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate.Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insureds); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (e) 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, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. if Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less thain $1,000,000 per clairn with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. City Council 19 — 7 10/442022f I I iv. Contractor shall supply City with a filly executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in 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 Contractor's right to be paid for its time and materials expended prior to notification of tennination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor 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 Contractor, 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 Contractor 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 Contractor'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, cr willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, amid 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred raider this Agreement and any services, expenditures, and disbursements City Council 19 — 8 10/42022f l l charged to the City for a minim-tim period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant, to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and fiirther agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between. the City and Contractor, and supersedes any and. all other agreements, oral. or written, between the parties. In the event of a conflict between the teens of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrtanent signed by the City and by an authorized representative of Contractor, The parties agree that any City Council 19 — 9 10*2022f I I terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions .hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein, 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director of the Finance and Management Services Agency may require Contractor 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 Contractor 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. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. 1S. 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. City Council 19 — 10 10PhfgU2' i i 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection. with or by reason of this Agreement. 20. PROFESSIONAL. LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Califon-ia, the City of Santa .Ana and all other governmental agencies. Contractor shall notify the City immediately arad in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement, 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power;. authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnnify City fully, including reasonable costs and attorneys fees, for any injuries or damages to City in the event that such authority or power is riot, 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. 1►�►��1;�7�-�11C� Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing andshall 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.Q. Box 1988 Santa Ana, CA 92702-1.988 Fax: 714- 647-6956 City Council 19 —11 1 OA�=QF 7 1 With courtesy copies to: Executive Director, Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P,C. Box 1988. Santa Ana, California 92702 Fax: To Contractor: IPC ('USA), Ine. 4 Hutton Centre Drive, Ste. 700 Santa Ana, CA 92707 Attn: James Takeuchi Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.C. Box 1988 Santa Ana, California 92702 Fax.: 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If seat 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, comm nication 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 fiames, weekelids, federal, state, County or City holidays shall be excluded. [Signatures continue on next page] City Council 19 — 12 10490�2t .t 1 "m IN WITNESS WHEREOF, the panties hereto have executed this Agreement the date and year first above written. Clerk of the Council APPROVED AS TO FORM; SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attomey RECOMMENDED FOR APPROVAL; FRANCISCO GUTIER.RE Executive Director Finance and Management Services Agency CITY OF SANTA ANA Raul Godi.nnez City Manager IPC (USA), INC.: H),sTaleul ci Tit e: City Council 19 — 13 CITY OF SANTA ANA REQUEST FOR PROPOSALS 17.108 FUEL — GASOLINE AND DIESEL SCOPE OF SERVICES & SPECIFICATIONS The City of Santa Ana seeks a contractor/vendor to provide the delivery of Unleaded Gasoline and Diesel fuel to existing underground storage tanks at the City's Corporation Yard and Police Administrative Facility, ESTIMATED ANNUAL, VOLUME F FUEL,..PURCHASES Unleaded 87 Octane — 400,000 gallons Diesel —1 5,000 gallons Volume estimates are based on historical records. The City anticipates an increase in these totals due to an upcoming agreement with Grange County Fire Authority to purchase fuel from the City. DELIVERY LOCATIONS AND UNDERGROUND TANK SIZES Corporate Yard 215 S Center Santa Ana, CA 92703 Three (3) 20,000 gallons tanks for unleaded fuel One (1) 20,000 gallon tank for diesel fuel Santa Arta Police Department 60 Civic Center Plaza Santa Ana, CA 92702 One (1) 20,000 gallon tank for unleaded fuel One (1) 6,000 gallon tank for Reel Diesel (one delivery per year @ 200-300 gallons, emergency generator) One (1) Above -Ground 250 gallon tank for Real Diesel (one delivery per year @ 150 gallons) DELIVERY REQUIREMENTS Delivery must be made within two (2) working days after receipt of order. All purchases for underground storage tanks will be a full load. Currently averaging one (1) , two (2) full load deliveries per month at bath Corporate Yard and Police Department Cit y ounce m RFP 17-108 Fuel —Gas ine and Diesel Page 9 PRICING ANQ INVOICING The contract bid price shall include full compensation for providing all required services as specified in scope of work. NO additional compensation will be allowed. For purposes of payment, it shall be the Los Angeles California OPTS Gross I OAM EST Daily Rack Average with CAR report. Pricing on the invoices shall indicate OPIS price for day of delivery and also the price being charged to City. Delivery rate and total delivery charge shall be separate line item and shall not be combined with fuel costs when computing sales tax. QUALITY OF FUELS Fuel provided must meet the latest requirements of the California Air Resources Board (CARE) Phase 2 Reformulated Gasoline and Diesel. Only major oil company quality fuels meeting the following specifications are to be quoted and/or awarded. Gasoline shall be unleaded regular 67 Octane minimum. Diesel Fuel shall be Type 2 Clear. EN OR/SUPPLIER RESPONSIBILITY Vendor shall be held liable for any damage or criminal/civil citations which may occur as a result of any spills and/or accidents. In addition, the City reserves the right to cancel the agreement of the Vendor/Supplier, notwithstanding compliance with the procedures set forth herein, delivers in a negligent manner or who, under any circumstances, causes a spill while delivering. Vendor shall have title to and bear risk of loss of or damage to the iterns purchased hereunder until they are delivered in conformity with this agreement at the F.O.B. point specified herein, and upon such delivery title shall pass, except for loss or damage result from Vendor's negligence. Passing of title uport such delivery shall not constitute acceptance of the item by the City. It is the responsibility of the Vendor/Supplier to have the delivering driver measure each fuel tank using City's Veeder Root system before and after each delivery. All deliveries shall be made between 7:00 am to 5.00 pm Monday through Friday, except when orders state that the deliveries must be made at a different time TEMPERATURE CORRECTION Vendor shall correct or adjust gasoline and diesel deliveries so as to be stated, billed, and paid for on the basis of such gasoline and diesel fuel at sixty (60) degrees temperature, using methods that are accepted as being in general use for this method of adjusting volumetric quantities to temperature conditions. City Council RFP 17-108 Fuel - Gasdllge- 6 Diesel Fags 10 MATERIAL SAFETY. IDATA SHEETS In compliance with Title a of the California Code of Regulations (OSHA),the City requires two (2) copies of the U.S. Department of Labor - Material Safety Data sheet for item(s) purchased, The material safety data sheet shall be submitted to the using department at the time of delivery, SOURCE GUARANTEE Vendors who do not own refineries shall have contracts or written irrevocable commitments to contract with refiners which are capable of supplying products which meet fuel specifications in the quantities listed herein. Contracts or commitments must guarantee supply in the required amounts for the term of any contract resulting from the RFP. Failure to include source guarantee documentation may void response if the City has no prior experience with the vendor, RECORD KEEPING Vendor shall maintain records of the City's purchases and make them available for audit and inspection. Vendor shall record the quantities, cost delivery locations, and taxes for each delivery. Vendor shall provide the City with R copy of such records within ten (10) days of the City's request. TAXES The City is exempt from Federal Excise taxes and no payment shall be made for any personal property taxes levied on the Vendor or on any taxes levied on. employee wages, The City will only pay for any state and local sales or use taxes on the products pursuant to this contract Ufl, 91 Mr) M, 110111111 IN . " . 1 .. ;1 -1! 1 WWI W922 RFP 17-108 Fuel - Gasoline and Diesel Page 11 CITY OF SANTA ANA REQUEST FOR PROPOSALS 17.108 FUEL — GASOLINE AND DIESEL BID FORM PRICING SHEET Regular Unleaded Gasoline Gasoline prices (four decimal places, ii,e. 0.0000) 87 OCTANE Bulk fuels full truck and trailer Delivery size: 7,000+ gallons OPIS Plus cents per gallon Or Minus .3 0, o cents per gallon Delivery cents per gallon Other (specify) cents per gallon Applicable Discount(s) cents per gallon Total OPIS + net cents per gallon Smaller Tank less than full truck Delivery size: 3,500 — 6,999 gallons OPIS Plus cents per gallon Or Minus cents per gallon Delivery 1� cents per gallon Other (specify) cents per gallon Applicable Discount(s) cents per gallon Total OPIS + og net cents per gallon Large bulk deliveries exceeding 7,000 gallons could include a combined load of gasoline and diesel. Please indicate any split load surcharges in the other category if applicable. Split load surcharges not stated herein will not be allowed on any invoirp-,g during the contrRet. City Council 19-17 1.0/4/2022 RFP 17-108 Fuel -Gasoline and Diesel Pace 19 CITY OF SANTAANA REQUEST FOR PROPOSALS 17-108 FUEL — GASOLINE AND DIESEL BID FORM PRICING SHEET Diesel — Type 2 Clear Diesel prices (four decimal places, 1,e. MOW) Bulk fuels full truck and trailer Delivery size: 7,000+ gallons OPIS Plus cents per gallon Or MinUS 'o cents per gallon Delivery -cents per gallon Other (specify) cents per gallon Applicable Discount(s) cents per gallon Total OPIS + net cents per gallon Smaller Tank less than full truck Delivery size: 3,500 — 6,999 gallons OPIS Plus cents per gallon Or Minus cents per gallon Delivery cents per gallon Other (specify) cents per gallon Applicable Discount(s) cents per gallon Total OPIS ...... .... net cents per gallon Alternative Renewable Diesel (meeting ASTM D975 spec<17--u�.01" er gallon C i tv -cauncil 18 10/4/2022 RFP 17.108 Fuel — Gasoline and Diesel Page 20 EXHIBIT 3 FIRST AMENDMENT TO THE GASOLINE AND DIESEL FUEL PURCHASE AGREEMENT WITH TACENERGY, LLC THIS FIRST AMENDMENT TO AGREEMENT is entered into this 4th day of October 2022, by and between TACenergy, LLC ("Consultant'), and 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"). RECITALS A. On December 19, 2017, the City entered into Agreement #A-2017-347 ("Agreement") with Truman Arnold Companies dba TACenergy to provide gasoline and diesel fuel services to the City. B. On July 28, 2022, TACenergy assigned all of its rights and obligation under the Agreement to TACenergy, LLC for the remaining term. C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the compensation and term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 2, COMPENSATION, shall be amended to increase compensation for the extended term in the amount not to exceed $600,000. Therefore, the total amount of the Agreement shall not exceed $5,350,000 to pay for additional gasoline and diesel fuel services during the extended term. 2. Section 3, TERM, shall be amended to extend the term of said Agreement for a one month period from December 31, 2022 to January 31, 2023. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager [Signatures continued on the following page] City Council 19 — 19 10/4/2022 Pagel of 2 EXHIBIT 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose Montoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba P.E. Executive Director of Public Works Agency CONSULTANT By: Fred oan Title: Chief Operating Officer City Council 19 — 20 10/4/2022 Page 2 of 2 Public Works Agency www.santa-ana.org/pw Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Exchange of Real Property AGENDA TITLE: Approve an Agreement with the County of Orange for Exchange of Real Property and Adopt a Resolution Declaring City Property as Exempt Surplus Land RECOMMENDED ACTION 1. Adopt a resolution declaring City -owned property as exempt surplus land pursuant to California Government Code § 54220 et seq. for the purpose of a real property exchange with the County of Orange. 2. Authorize the City Manager to execute an Exchange of Real Property agreement between the City of Santa Ana and the County of Orange, a political subdivision of the State of California, for proposed property exchange of the Civic Center Plaza of the Flags area and the Civic Center Library Parking Structure subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION In the mid-1950s, the City acquired and combined parcels to create the City's portion of the Civic Center block between Civic Center Drive, Ross Street, Santa Ana Boulevard, and Flower Street. Since then, the City has added to the property and conveyed segments to other government agencies, and now some of the ownership boundaries do not coincide with buildings and other improvements. The parking structure adjacent to the City's Main Library, which is operated by the County of Orange, is partially within City of Santa Ana property. The parcel containing the Plaza of the Flags and the parking structure underneath it which is utilized by City staff and agencies, along with the Japanese Garden structure, are owned by the County (Exhibit 1). To correct the misalignment, on March 31, 2022, the Orange County Chief Real Estate Officer and City of Santa Ana City Manager entered into a non -binding Letter of Intent (Exhibit 2), with the express interest of exchanging a County -owned 2.2-acre parcel in the Civic Center (Parcel A), for a City -owned 0.7-acre parcel (Parcel B). City Council 20-1 10/4/2022 Agreement with County of Orange Exchange of Real Property October 4, 2022 Page 2 Within County -owned Parcel A is the Plaza of the Flags and parking structure area below, as well as the Japanese Garden and a portion of the Ross Annex Parking Structure. County staff have indicated that the Parcel A is not needed for County purposes. Parcel A is also located directly adjacent to Santa Ana City Hall. The Plaza is generally used by the City for special events and activities throughout the year, including farmer's markets and as an ice-skating rink during the winter, for which approval must be requested from the County of Orange. The City's ownership of the property will allow the City to utilize the Plaza without going through a County permitting process. Within City -owned Parcel B is a portion of the Library parking structure. The County administers the parking within the Civic Center and under the various agreements with the City for the operation of the Civic Center, collects the revenues for the upkeep of the Civic Center area. Parcel B is not needed for City purposes. In addition, if the exchange is approved by the City and the County of Orange, the property ownership boundaries which currently run through the Library parking structure and the Ross Annex parking structure will be adjusted so that the structures are wholly contained within one ownership. In order to consolidate ownership of the Santa Ana Library Parking structure and assist the City in the activation of the Plaza of the Flags area, the County and the City share a mutual interest in the exchange of parcels. Based on the opinions of City staff, valuation of the parcels subject to the exchange is equivalent. Prior to completion of the property conveyance, the City must declare Parcel B as surplus land, and therefore, is exempt surplus land pursuant to Government Code section 54221(f)(1)(c). Staff recommends the approval of the attached Agreement for the Exchange of Real Property (Exhibit 3), which sets out the parameters for the exchange, and adoption of the resolution declaring Parcel B as exempt surplus land pursuant to the Surplus Land Act (Exhibit 4). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 20 — 2 10/4/2022 Agreement with County of Orange Exchange of Real Property October 4, 2022 Page 3 EXHIBIT(S) 1. Location Map 2. Letter of Intent 3. Draft Property Exchange Agreement 4. Resolution By: Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager City Council 20 — 3 10/4/2022 A City Council 20 — 4 10/4/2022 W O9L OVOV LETTER OF INTENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA THIS LETTER OF INTENT ("LOI") is made and entered into March 31, 2022, by and between the COUNTY OF ORANGE, a political subdivision of the State of California ("County") and the CITY OF SANTA ANA ("City"). The County and the City may be referred to herein individually as a "Party" or collectively as the "Parties." RECITALS A. The County is the fee owner of an approximately 2.2 acre parcel which contains portions of APN 008-036-39 and APN 008-067-46 and is commonly known as the "Plaza of the Flags." The parcel is illustrated on Exhibit A, attached hereto, as Parcel A. B. The City is the fee owner of an approximately 0.7 acre parcel which contains a portion of APN 008-036-35 and is commonly known as the "Library Parking Structure." The parcel is illustrated on Exhibit A, attached hereto, as Parcel B. C. The purpose of this LOI is to memorialize the intent of the Parties to enter into negotiations for an agreement wherein the Parties would agree to a land swap that would result in the City acquiring all interest in the Plaza of the Flags and the County acquiring all interest in the Library Parking Structure ("Land Swap Agreement"). LETTER OF INTENT NOW, THEREFORE, County and City agree to enter into negotiations for the preparation of a Land Swap Agreement to memorialize the proposed exchange materially as follows: 1. The County shall convey fee ownership of Parcel A to the City via a Land Swap Agreement. 2. The City shall convey fee ownership of Parcel B to the County via a Land Swap Agreement. 3. No monetary value shall be exchanged as part of the Land Swap Agreement. City Council 20 — 5 10/4/2022 Page 1 of 2 4. Any third party costs related to the Land Swap Agreement shall be shared equally by the County and the City. The Parties shall be responsible for their own internal costs. 5. The County will be required to obtain approval from the Orange County Board of Supervisors to exchange the parcels. The City will be required to obtain approval from the Santa Ana City Council to exchange parcels. 5. Amendments to this LOI shall be made in writing by County and City. 6. This LOI is solely a preliminary expression of general interest and intentions of the Parties and is to be used for discussion and planning purposes only. The Parties agree that this LOI is not intended to create any legally binding agreement or obligation, either implied or expressed, by any Party to agree toa definitive agreement, and imposes no duty on any Party to ultimately enter into a binding agreement. It is the manifestation of the intent of the Parties that no Party shall have any contractual obligations to any other Party with respect to matters referred herein, unless and until a definitive agreement has been considered, approved, and fully executed by the Board of Supervisors and the Santa Ana City Council. COUNTY OF ORANGE Thomas Miller, Chief Real Estate Officer CITY OF SANTA ANA Kristme Ridge, City M ager City Council 20 — 6 10/4/2022 Page 2 of 2 Exhibit A A s se - t" w' City Council 20 — 7 10/4/2022 AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY This AGREEMENT FOR THE EXCHANGE OF REAL PROPERTY ("Agreement'), dated as of 2022, is entered into by and between the CITY OF SANTA ANA, a California municipal corporation ("City"), and COUNTY OF ORANGE, a political subdivision of the State of California ("County"). County and City are sometimes referred to in this Agreement individually as "Party" or collectively as "Parties." RECITALS A. County is the fee simple owner of that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("County Property"). B. City is the fee simple owner of and holds certain interests in that certain real property located in the City of Santa Ana, County of Orange, State of California, including, but not limited to, land, structures, and vertical assets, as more particularly described in Exhibit B, attached hereto and incorporated herein by reference ("City Property"). C. City desires to exchange the City Property (as more particularly defined in Section 1.2 below) for the County Property (as more particularly defined in Section 1.1 below) and County desires to exchange the County Property for the City Property, pursuant to the terms and conditions of this Agreement. D. As used herein, the terms County Property and City Property may hereinafter be referred to from time to time collectively as the "Properties." AGREEMENT NOW, THEREFORE, based upon the foregoing facts, in consideration of the mutual covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Property Exchange. Upon the satisfaction or waiver of all of the conditions precedent to the Closing set forth in Section 5 below, as of Closing, (a) City shall acquire the County Property from County, and (b) County shall acquire the City Property from City (the "Exchange"). 1.1 County Property. County Property shall include all of the following: 1.1.1 Land. Fee simple interest in the real property described on Exhibit A hereto, including, but not limited to, land, structures, and vertical assets located on or under the real property. 1.1.2 Appurtenances. All rights, privileges and easements currently held by County which are appurtenant to the County Property, including, without limitation all vertical City Council 20 — 8 10/4/2022 Project Name: Santa Ana Property Exchange assets including the parking structure and improvements located therein, rights -of -way or appurtenances used in connection with the beneficial use and enjoyment of the County Property. 1.2 City Property. City Property shall include all of the following: 1.2.1 Land. Fee simple interest in the real property described on Exhibit B hereto, including, but not limited to, land, structures, and vertical assets located on or under the real property. 1.2.2 Appurtenances. All rights, privileges and easements dedicated to City which are appurtenant to the City Property, including, without limitation, all vertical assets including the parking structure and improvements located therein constructed at "Site 2" as part of the "Phase 1 Facilities" pursuant to that certain Development Agreement between the Parties dated December 15, 1987 and any of its subsequent amendments or modifications (collectively "1987 Development Agreement"), rights -of -way or appurtenances used in connection with the beneficial use and enjoyment of the City Property. 2. Title and Closing. 2.1 Exchange. The Exchange shall be performed by the Parties, subject to the requirements set forth below. 2.2 Title Company. Title policies issued for the benefit of the City with respect to the County Property and the County with respect to the City Property, in connection with the Exchange shall be issued by Fidelity National Title National Commercial & Builder Services (the "Title Company"). 2.3 Definition of Closing. For purposes of this Agreement, the term "Closing" shall mean the time when the Title Company shall have recorded the County Deed (as defined below), and the City Deed (as defined below), as set forth in Section 6.4 below. 3. County's Approval of Condition of Title/Due Diligence. 3.1 County's Review of Condition of Title. Prior to the Effective Date, County has received and reviewed that certain First Amended Preliminary Title Report Order No. dated , 2022 (the "City Preliminary Title Report"), covering the City Property and issued by Title Company, a copy of which is attached hereto as Exhibit C. County hereby acknowledges that County has approved those exceptions listed in Schedule B of the City Preliminary Title Report. Those exceptions which County has approved on the City Preliminary Title Report are hereinafter referred to as the "City Permitted Exceptions." The City Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Closing and any other monetary liens or encumbrances on the City Property. 3.2 City Title Insurance Policy. At the option of County, and upon County's specific request, at the Closing and as a condition thereto, the Title Company shall issue to County a policy of title insurance (the "City Title Policy") as to all or any part of the City Property, containing the terms and provisions set forth in this Section 3.2. The City Title Policy shall be a CLTA Owner's Policy (1987 Policy Form) in an amount determined by County, showing fee simple title to the City Property vested in County, subject only to non -delinquent taxes and ProjeAlMe"`5WUPProperty Exchange - 20 - 9 10/4/2022 assessments, the City Permitted Exceptions, and such other matters as to which County may consent in writing. The premium for the City Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the City Preliminary Title Report shall be paid by County. The City Title Policy shall be issued without reliance on any indemnity of City or any third party to induce Title Company to issue the City Title Policy, and the prior written consent of County shall not be required. If County so elects and the Title Company agrees, the City Title Policy may include such endorsements as County may reasonably request; provided however that all such endorsements shall be issued at County's sole cost and expense. In addition, if County so elects and the Title Company agrees to issue an ALTA Extended Coverage Owner's Policy (2006 Form), the "City Title Policy" as defined above shall be an ALTA rather than a CLTA policy, with all other elements remaining the same; provided however that such extended ALTA coverage and any costs in connection with such extended ALTA coverage shall be issued at County's sole cost and expense. 3.3 County Due Diligence. County shall have the right to perform due diligence, at County's sole expense, to investigate the suitability of the City Property for its intended uses, which may include, but is not limited to, environmental testing, review for conformity with State law and local codes, and review with State and local officials regarding use of the City Property ("Due Diligence"). The Due Diligence period shall be for a period of time mutually agreed upon by the Parties, whose agreement shall not be unreasonably withheld, but shall in no event be longer than sixty (60) days, except as provided in Section 6.1.2 below ("Due Diligence Period"). County may enter upon the City Property for purposes of Due Diligence. County shall indemnify and hold harmless City from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the County's actions on the City Property during the Due Diligence Period. County shall have the absolute right during the Due Diligence Period to terminate the proposed Exchange for any reason whatsoever without constituting a default under this Agreement. 4. City's Approval of Condition of Title/Due Diligence. 4.1 City's Review of Condition of Title. Prior to the Effective Date, the City has received and reviewed that certain (i) Preliminary Title Report Order No. , dated , 2022, covering the County Property, issued by Title Company, a copy of which is attached hereto as Exhibit D ("County Preliminary Title Report"). City hereby acknowledges that City has approved those exceptions listed on the County Preliminary Title Report. Those exceptions which City has approved on the County Preliminary Title Reports are hereinafter referred to as the "County Permitted Exceptions." The County Permitted Exceptions shall exclude any delinquent taxes or any taxes due and payable prior to the Closing and any other monetary liens or encumbrances on the County Property. 4.2 County Title Insurance Policy. At the option of the City, and upon the City's specific request, at the Closing and as a condition thereto, the Title Company shall issue to City policies of title insurance (collectively, the "County Title Policy") as to all or part of the County Property, containing the terms and provisions set forth in this Section 4.2. The County Title Policy shall be CLTA Owner's Policies (1987 Policy Form) in an amount determined by the City, showing fee simple title to the County Property vested in City, subject only to non -delinquent taxes and assessments, the County Permitted Exceptions, and such other matters as to which City ProjeAlMe"`5WUPProperty Exchange J 20 — 10 10/4/2022 may consent in writing. The premium for the County Title Policy and any costs in connection with the search and examination of title and/or for the issuance of the County Preliminary Title Report shall be paid by the City. The County Title Policy shall be issued without reliance on any indemnity of County or any third party to induce Title Company to issue the County Title Policy, and prior written consent of City shall not be required. If City so elects and the Title Company agrees, the County Title Policy may include such endorsements, respectively and as applicable, as City may reasonably request; provided however that all such endorsements shall be issued at City's sole cost and expense. In addition, if City so elects and the Title Company agrees to issue one or more ALTA Extended Coverage Owner's Policies (2006 Form), the County Title Policy as defined above shall be an ALTA rather than CLTA policy, respectively and as applicable, with all other elements remaining the same; provided however that such extended ALTA coverage and any costs in connection with such extended ALTA coverage shall be issued at City's sole cost and expense. 4.3 City Due Diligence. City shall have the right to perform Due Diligence, at City's sole expense, to investigate the suitability of the County Property for its intended uses. The Due Diligence Period shall be for a period of time mutually agreed upon by the Parties, whose agreement shall not be unreasonably withheld, but shall in no event be longer than sixty (60) days, except as provided in Section 6.1.2 below. City may enter upon the County Property for purposes of Due Diligence. City shall indemnify and hold harmless County from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the City's actions on the County Property during the Due Diligence Period. City shall have the absolute right during the Due Diligence Period to terminate the proposed Exchange for any reason whatsoever without constituting a default under this Agreement. 5. Conditions Precedent to Closing. 5.1 County's Conditions. Each of the following shall constitute a condition precedent to the obligations of County to effectuate the Closing and may be waived only by a written waiver executed by County and delivered to City: 5.1.1 Documents. The applicable documents described in Section 6.3.2 below shall have been delivered to County by City. 5.1.2 Title Policy. If requested by County, the Title Company shall be irrevocably committed to issue the City Title Policy upon the Closing. 5.1.3 Acceptance of Property. The County shall be satisfied, after reviewing Title and otherwise conducting Due Diligence as provided in Section 3.3, that the City Property is suitable for its intended uses and acceptable to County. Should County fail to terminate the Exchange within the Due Diligence Period as provided in Section 3.3, the City Property shall be deemed suitable and acceptable to County. 5.1.4 No Material Change. As of the Closing, there shall be no material change in the City Property that would materially impair County's use or development of the City Property. ProjeAlMe"`5WUPProperty Exchange 20 —11 10/4/2022 5.1.5 Representations and Warranties. All of City's representations and warranties as set forth herein shall be true as of the Closing. 5.1.6 No Default. City shall not be in material default hereunder. If County does not give City written notice of City's default, for purposes of this Section 5.1.6 only, City shall be deemed not to be in default hereunder, and the Parties shall proceed with the Closing as though City were not in default. County's failure to give such notice to City shall not excuse performance by City of any obligation hereunder. 5.2 City's Conditions. Each of the following shall constitute a condition precedent to the obligations of City to effectuate the Closing and may be waived only by a written waiver executed by City and delivered to County: 5.2.1 Documents. Copies of the applicable documents described in Section 6.3.1 below shall have been delivered to City by County. 5.2.2 Title Policy. If requested by City, the Title Company shall be irrevocably committed to issue the County Title Policy upon the Closing. 5.2.3 Acceptance of Property. The City shall be satisfied, after reviewing Title and otherwise conducting Due Diligence as provided in Section 4.3, that the County Property is suitable for its intended uses and acceptable to the City. Should the City fail to terminate the Exchange within the Due Diligence Period as provided in Section 4.3, the County Property shall be deemed suitable and acceptable to the City. 5.2.4 No Material Change. As of the Closing, there shall be no material change in the County Property that would materially impair City's use or development of the County Property. 5.2.5 Representations and Warranties. All of County's representations and warranties as set forth herein shall be true as of the Closing. 5.2.6 No Default. County shall not be in material default hereunder. If City does not give County written notice of County's default, for purposes of this Section 5.2.6 only, County shall be deemed not to be in default hereunder, and the Parties shall proceed with the Closing as though County were not in default. City's failure to give such notice to County shall not excuse performance by County of any obligation hereunder. 6. Closing or Cancellation of Closing. 6.1 Closina Date. 6.1.1 Provided that this Agreement is not earlier terminated pursuant to the terms and provisions hereof and provided that all of the conditions precedent to the Closing have been satisfied or waived, the Parties agree that the Closing shall occur on or before , 2022 (the "Closing Date"), unless extended as described in Section 6.1.2; provided however, that in no event shall the Closing Date be later than , 2022 ("Outside Date"). By effectuating the closing, the Parties shall be deemed to have irrevocably committed to cause the Title Company to issue any requested County Title Policy and City Title Policy. Projecg1YegQiVrX9PProperty Exchange 20 — 12 10/4/2022 6.1.2 In the event that either Parry believes it is necessary to extend the Closing Date in order to conduct additional Due Diligence as described in Sections 3 or 4, above, as applicable, that Party shall have the right to unilaterally extend the Closing Date by ten (10) days by providing written notice to the other Party before the Closing Date. Each Party shall only be entitled to one unilateral extension. The Parties may subsequently extend the Closing Date only by written agreement of both Parties, except that in no event shall the Closing Date be later than the Outside Date without the written agreement of both Parties. 6.1.3 In the event that the Closing fails to occur by the Outside Date, and neither Party is in default of its obligations hereunder, then the Party for whose benefit the non - satisfied condition exists may cancel the Closing by written notice to the other Party. In the event that, due to an "Event of Default" by a "Defaulting Party" (as the terms are defined in Section 8.1 below), the Closing fails to occur by the Outside Date, then without waiving any rights or remedies which the non -Defaulting Party may have against the Defaulting Party under Section 8 of this Agreement, the non -Defaulting Party may cancel the Closing upon written notice to the Defaulting Party. In the event that the non -Defaulting Party elects not to terminate this Agreement, then the non -Defaulting Party may pursue the remedies for such Event of Default as provided in Section 9 below. 6.2 Cancellation. 6.2.1 If, for any reason, the Closing is cancelled pursuant to Section 6.1.3 above, each Party shall return to the other Party delivering the same, all instruments which are then held by the Party in connection with the Exchange. 6.2.2 If the Closing is cancelled pursuant to Section 6.1.3 above and neither Party is in default of its obligations hereunder, this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination). In such event, neither Party shall be obligated to the other to effectuate the Closing. 6.3 Items to be Delivered Prior to Closing. 6.3.1 County. On or before one (1) business day prior to the Closing Date, County shall execute and provide City with a copy of the following: (a) The quitclaim deed conveying fee simple title to the County Property to the City ("County Deed"), in substantially the form of Exhibit E attached hereto; (b) Such other documents as may be reasonably required by Title Company in order to issue the County Title Policy, if requested by the City, or otherwise required to transfer the County Property to City in accordance with the terms of this Agreement. 6.3.2 City. On or before one (1) business day prior to the Closing Date, City shall execute and provide County with a copy of the following: (a) The quitclaim deed conveying fee simple title to the City Property to the County ("City Deed"), in substantially the form of Exhibit F attached hereto; ProjeAlMe"`5WUPProperty Exchange 20 — 13 10/4/2022 (b) Such other documents as may be reasonably required by Title Company in order to issue the City Title Policy, if requested, or otherwise required to transfer the City Property to County in accordance with the terms of this Agreement. 6.4 Closing Instructions. At such time as the conditions precedent to the Closing have been satisfied or waived, City shall: executed counterparts; 6.4.1 Collate the counterparts of the Exchange Agreement into two fully 6.4.2 Date, as of the Closing, all instruments calling for a date; 6.4.3 Record the City Deed, and the County Deed in the Official Records of Orange County, California ("Official Records"); 6.4.4 Deliver to City the County Title Policy, and to County the City Title Policy, if so requested. 6.5 Post -Closing Matters. After the Closing, the City shall deliver the following: 6.5.1 To City: A copy, as recorded, of the deed for the County Property. 6.5.2 To County: A copy, as recorded, of the deed for the City Property. 6.5.3 To County Counsel, Counsel for County: Copies of all documents to be delivered to City pursuant to Section 6.5.1 above. 6.5.4 To City Attorney, Counsel for City: Copies of all documents to be delivered to County pursuant to Section 6.5.2 above. 7. Costs and Prorations. 7.1 Prorations. The Parties shall prorate all non -delinquent real property taxes and assessments, as applicable, as to the County Property between City and County as of the Closing based upon a 365-day year and based upon the latest available tax bill. The Parties agree that if such proration is inaccurate because the latest available tax bill does not represent the taxes actually assessed, then the Parties will, as soon as tax bills actually covering the period during which the Closing takes place are available, make such further adjustments as may be appropriate so that each Party shall have borne all taxes allocable to the period during which it was the owner of its respective property. 7.2 Title and Other Costs. 7.2.1 County shall pay the premium for the City Title Policy, if such policy is requested by the County, and City shall pay the premium for the County Title Policy, if such policy is requested by City. ProjeAlMe"`5WUPProperty Exchange 20 — 14 10/4/2022 7.2.2 City shall pay documentary transfer taxes, if any, as specified on the Documentary Transfer Tax Statement. 8. Representations and Warranties; Covenants. 8.1 County's Representations and Warranties. As a material inducement to City to enter into this Agreement, County makes the following covenants, representations and warranties to City set forth in this Section 8.1 as of the date hereof and as of the Close of the Closing. 8.1.1 Property Owner. County is the owner of the County Property and has the right, power and authority to transfer the same to City pursuant to this Agreement. 8.1.2 County's Authority to Execute Agreement. County is a political subdivision of the State of California. Neither the execution and delivery of this Agreement nor the performance or consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a default under or conflict with any agreement, covenant, law, regulation, ordinance or obligation binding upon County. No approvals, authorizations or consents of any separate public body or of any person are necessary in connection herewith. County has the legal right, power and authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by County, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of County, have the legal right, power and actual authority to bind County to the terms and conditions hereof and thereof. 8.1.3 Compliance with Law. County has no knowledge and has received no notice (i) that the County Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the County Property. 8.1.4 No Litigation. There are no actions, claims, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of County's knowledge, threatened against County or the County Property or relating to or arising out of the ownership, management, condition, or operation of the County Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. 8.1.5 No Mechanic's Liens. No work has been done upon, or materials delivered to, the County Property by or at the request of County, or with County's knowledge, which is not fully paid for, nor, to the best of County's knowledge, does any person, firm or corporation now have, nor, to the best of County's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materialman's lien rights with respect to the County Property or any part or parcel thereof. ProjeAlMe"`5WUPProperty Exchange 20 — 15 10/4/2022 8.1.6 No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting possession of the County Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the County Property, or any portion thereof, been granted by County to any party. No party (other than the City pursuant to this Agreement) has the right to acquire the County Property. 8.1.7 No Bankruptcy Proceedings. County is not the subject of a bankruptcy, insolvency or similar proceeding. 8.1.8 Environmental Status. In accordance with California Health and Safety Code Section 25359.7, County warrants and represents to City that it is not aware that any release of Hazardous Materials has come to be located upon or under the County Property. Neither County nor, to the actual knowledge of County, without duty of inquiry, any third parties during the period of time the County Property has been owned by County have generated, handled, manufactured, stored, used, transported or discharged any Hazardous Materials on, in or under the County Property, the groundwater or any adjacent property. County is not aware of any underground storage tanks located on or under the County Property. As used herein, the term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA") 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code §13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminant regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.1.9 AS -IS. County acknowledges that County has inspected the City Property and made its own independent investigation of the City Property. County further acknowledges that it is acquiring the City Property "AS -IS," in reliance solely on its own inspection of the City Property and on City's representations and warranties as set forth herein. City acknowledges it is conveying the land, structures, and vertical assets to the County. 8.2 City's Representations and Warranties. As a material inducement to County to enter into this Agreement, City makes the following covenants, representations and warranties to County set forth in this Section 8.2 as of the date hereof and as of the Closing. 8.2.1 Property Owner and Property Interests. City is the owner of the City Property and has the right, power and authority to transfer the same to County pursuant to this Agreement. 8.2.2 City's Authority to Execute Agreement. City is a duly organized, validly existing municipal corporation organized and existing under the laws of the State of California. Neither the execution and delivery of this Agreement nor the performance or ProjeAlMe"`5Q09PProperty Exchange 20 — 16 10/4/2022 consummation of the transactions contemplated by this Agreement will result in any breach of or constitute a default under or conflict with any agreement, covenant, law, regulation, ordinance or obligation binding upon City. No approvals, authorizations or consents of any separate public body or of any person are necessary in connection herewith. City has the legal right, power and authority to enter into this Agreement and all documents, instruments or agreements referenced herein to be executed by City, and to consummate the transaction contemplated hereby. All individuals executing this Agreement and all other documents, instruments or agreements required hereunder, on behalf of City, have the legal right, power and actual authority to bind City to the terms and conditions hereof and thereof. 8.2.3 Compliance with Law. City has no knowledge and has received no notice (i) that the City Property is in violation of any applicable statutes, ordinances, and regulations, including those relating to environmental and health and safety requirements including those governing the storage, discharge, use and cleaning of toxic or hazardous substances and materials; (ii) of any presently pending or threatened action or proceeding under any environmental or health and safety statutes, ordinances, or regulations; or (iii) of the existence of any present or pending order or directive of any city, county, state, or federal authority, or any agency thereof, requiring that any work or repair, maintenance, improvement, or pollution or contamination abatement be performed on the City Property. 8.2.4 No Liti ag tion. There are no actions, claims, suits, or proceedings of any kind or nature whatsoever, legal or equitable, pending or, to the best of City's knowledge, threatened against City or the City Property or relating to or arising out of the ownership, management, condition, or operation of the City Property, in any court or before or by any federal, state, county or municipal department, commission, board, bureau, agency, or other governmental instrumentality. 8.2.5 No Mechanic's Liens. No work has been done upon, or materials delivered to, the City Property by or at the request of City, or with City's knowledge, which is not fully paid for, nor, to the best of City's knowledge, does any person, firm or corporation now have, nor, to the best of City's knowledge, will it have upon the giving of any notice or passage of time or otherwise, any mechanic's or materialman's lien rights with respect to the City Property or any part or parcel thereof. 8.2.6 No Adverse Agreements. There are no adverse possessors, tenancies or occupancy agreements affecting possession of the City Property, or any portion thereof, except as disclosed in this Agreement, nor has any option to purchase the City Property, or any portion thereof, been granted by City to any party. No party (other than the County pursuant to this Agreement) has the right to acquire the City Property. 8.2.7 No Bankruptcy Proceedings. City is not the subject of a bankruptcy, insolvency or similar proceeding. 8.2.8 Environmental Status. In accordance with California Health and Safety Code Section 25359.7, City warrants and represents to County that it is not aware that any release of Hazardous Materials has come to be located upon or under the City Property. Neither City nor, to the actual knowledge of City, without duty of inquiry, any third parties during the period of time the City Property has been owned by City have generated, handled, manufactured, ProjeAlMe''`5WUPProperty Exchange 20 — 1 7 10/4/2022 stored, used, transported or discharged any Hazardous Materials on, in or under the City Property, the groundwater or any adjacent property. City is not aware of any underground storage tanks located on or under the City Property. As used herein, the term "Hazardous Materials" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations promulgated thereto: (1) any "hazardous substance" within the meaning of CERCLA 42 U.S.C. §9601, et seq. or the California Hazardous Substance Account Act, Cal. Health and Safety Code §25300 et seq. or the Porter -Cologne Water Quality Act, Cal. Water Code § 13000 et seq. or the Hazardous Materials Transportation Act, 49 U.S.C. § 1801, et seq.; (2) any "hazardous waste" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq.; or (3) any other substance, chemical, waste, toxicant, pollutant or contaminate regulated by any federal, state or local law, statute, rule, regulation or ordinance for the protection of health or the environment, including, without limitation, any petroleum products or fractions thereof. 8.2.9 AS -IS. City acknowledges that City has inspected the County Property and made its own independent investigation of the County Property. City further acknowledges that it is acquiring the County Property "AS -IS," in reliance solely on its own inspection of the County Property and on County's representations and warranties as set forth herein. County acknowledges it is conveying the land, structures, and vertical assets to the City. 8.3 Countv's Covenants. 8.3.1 Operation of County Property. County shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the County Property which would render County unable to convey the County Property to City at the Closing or impair City's intended use of the County Property as contemplated herein. 8.4 City's Covenants. 8.4.1 Operation of City Property. City shall not hypothecate, transfer, encumber or affirmatively take any other action with respect to the City Property which would render City unable to convey the City Property to County at the Closing or impair County's intended use of the City Property as contemplated herein. 9. Default. 9.1 Events of Default. The failure of a Party (the "Defaulting Party") to perform any material act to be performed by such Party, to refrain from performing any material prohibited act, or to fulfill any condition to be fulfilled by such Party under this Agreement, or under any agreement referred to herein or attached hereto as an exhibit, within ten (10) days after written notice of such failure from the Non -Defaulting Party shall be an "Event of Default" by the Defaulting Party with respect to the Defaulting Party's obligations hereunder; provided, however, that if more than ten (10) days are reasonably required in order to cure such Event of Default, then the Defaulting Party shall be entitled to a maximum of thirty (30) days to effect such cure, provided the Defaulting Party commences cure within such ten (10) day period and diligently proceeds to complete such cure within such thirty (30) day period. ProjeAlMe''`5WUPProperty Exchange 20 — 18 10/4/2022 9.2 Remedies. Upon the occurrence of any Event of Default by a Defaulting Party, the non -Defaulting Parry shall have such rights or remedies available to it under this Agreement or at law or in equity. 10. Casualty Loss; Condemnation. 10.1 Notice Re: Condemnation or Casualty; Election. In the event that, prior to the Closing, all or any portion of the County Property or City Property is taken or proposed to be taken as a result of the exercise or proposed exercise of the power of eminent domain (a "Condemnation Action"), or all or any portion of the County Property or City Property is damaged by earthquake, flood or fire (a "Casualty"), then the Party that is the current property owner shall, within ten (10) days thereafter, give written notice of such Condemnation Action or Casualty to the other Party ("Noticed Party"). Such Noticed Party shall have thirty (30) days following receipt of such notice to elect in writing to accept or not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. Failure of a Noticed Party to notify the other Party of its election within such thirty (30) day period shall be deemed an election not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action. 10.2 Termination of Agreement. In the event that a Noticed Party elects not to accept the County Property or City Property, as the case may be, subject to such Casualty or Condemnation Action as provided in Section 10.1 above, Noticed Party shall cancel the Closing by written notice to the Party that is the current property owner and this Agreement shall be deemed to be terminated (with the exception of those provisions which expressly state that they are to survive such termination). In such event, neither Party shall be obligated to the other to effectuate the Closing. 10.3 Proceeds of Condemnation or Casualty Insurance. In the event that a Noticed Parry elects to accept the County Property or City Property, as the case may be, subject to a Casualty or Condemnation Action pursuant to Section 10.1 above, then the Parry owning the property shall assign to the Noticed Party all rights, causes of action, claims, benefits, payments and awards arising from such Condemnation Action or Casualty (including, without limitation, any amount due from or paid by any insurance company or any other party as a result of the damage). 11. Possession. Possession of the County Property shall be delivered to City upon the Closing, subject only to the County Permitted Exceptions. Possession of the City Property shall be delivered to County upon the Closing, subject only to the City Permitted Exceptions. 12. Brokerage Commissions. Each Parry warrants and represents to the other that no broker, finder or other intermediary hired or employed by it is entitled to a commission, finder's fee or other compensation based upon the transaction contemplated hereby and each Party shall indemnify and hold harmless the other Parry from and against any and all claims, liabilities, losses, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees, court costs and litigation expenses) caused by or arising out of the claim of any broker, finder or other intermediary alleging to have been employed or hired by such Parry to a commission, finder's fee or other compensation based upon the transaction contemplated hereby. The obligations of County 1-4 ProjeAlMe"`5WUPProperty Exchange 20 — 19 10/4/2022 and City pursuant to this Section 12 shall survive beyond the Closing or if the Closing is cancelled, beyond any termination of this Agreement. 13. Miscellaneous. 13.1 Notices. All notices or other communications between County and City required or permitted hereunder shall be in writing and personally delivered or sent by certified mail, return receipt requested and postage prepaid, sent by reputable overnight courier (such as Federal Express, UPS or DHL), or transmitted by electronic facsimile transmission (with electronic confirmation of receipt), to the following addresses: If to City: City of Santa Ana Clerk of the City Council 20 Civic Center Plaza (M-30) PO Box 1988 Santa Ana, California 92702 If to County: County of Orange CEO Real Estate 333 West Santa Ana Blvd., 3rd Floor Telefacsimile No.: (714) 834-2359 Attention: Chief Real Estate Officer A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. or otherwise on the day following personal delivery, or when received, if transmitted by electronic facsimile transmission (with electronic confirmation of receipt), or two (2) business days following the date the notice is postmarked, if mailed, or on the day following delivery to the applicable overnight courier, if sent by overnight courier. Either Party may change the address to which notices are to be given to it by giving notice of such change of address in the manner set forth above for giving notice. 13.2 Time of the Essence. Time is of the essence for this Agreement and each and every term and provision hereof. 13.3 Interpretation; Governing Law. This Agreement shall be construed as if prepared by both Parties. This Agreement shall be construed, interpreted and governed by the laws of the State of California and the laws of the United States of America prevailing in California. 13.4 Severability. In the event that any phrase, clause, sentence, paragraph, section, article or other portion of this Agreement shall become illegal, null or void, or against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void, or against public policy, the remaining portions of this Agreement shall not be affected thereby and shall remain in force and effect to the full extent permissible by law. 13.5 Performance of Acts on Business Days. Unless specifically stated to the contrary, all references to days herein shall be deemed to refer to calendar days. In the event that the final date for payment of any amount or performance of any act hereunder falls on a Saturday, ProjeAlMe''`5M19PProperty Exchange 20 — 20 10/4/2022 Sunday or holiday, such payment may be made or act performed on the next succeeding business day. 13.6 Attorneys' Fees. In the event of any legal action or other proceeding between the Parties regarding this Agreement, any of the documents attached hereto as exhibits, the County Property or the City Property (an "Action"), each Party shall be responsible for its own attorneys' fees, court costs and litigation expenses. 13.7 Further Assurances; Survival. Each Party will, whenever and as often as it shall be requested to do so by the other Party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this Agreement. 13.8 Entire Agreement; Amendments. This Agreement, together with the other written agreements referred to herein, is intended by the Parties to be the final expression of their agreement with respect to the subject matter hereof, and is intended as the complete and exclusive statement of the terms of the agreement between the Parties. As such, this Agreement supersedes any prior understandings between the Parties as to the subject matter hereof only (e.g., the ownership and exchange of the County Property and City Property), whether oral or written, including but not limited to the 1987 Development Agreement. Any amendments to this Agreement shall be in writing and shall be signed by all Parties hereto. 13.9 No Waiver. A waiver by either Party hereto of a breach of any of the covenants or agreements hereof to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. 13.10 Assignment. Neither Party hereto shall assign its rights under this Agreement without the prior written consent of the other Party, which consent may be given or withheld in such Party's sole discretion. 13.11 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, representatives, successors and permitted assigns. 13.12 Headings; Cross -References, Exhibits. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand or limit the terms of this Agreement. All cross-references in this Agreement, unless specifically directed to another agreement or document, shall refer to provisions in this Agreement and shall not be deemed to be references to any other agreements or documents. Each of the exhibits attached to this Agreement is hereby incorporated into this Agreement by this reference. 13.13 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. ProjeAlMe''`5WUPProperty Exchange 20 — 21 10/4/2022 13.14 Effective Date. This Agreement shall become effective on the date (the "Effective Date") this Agreement is executed by the last of the persons required to bind the Parties hereto as set forth opposite their respective signatures below. 13.15 Special Condition. Notwithstanding any other term or provision to the contrary set forth in this Agreement, in no event shall this Agreement be interpreted to require a transfer of real property by either Party unless all properties that together comprise the City Property and the County Property are deemed suitable for transfer by both Parties, and are actually transferred to the other Party under the terms of this Agreement at the Closing. [Signatures Included on Following Page) 1%, ProjeAlMe"`5WUPProperty Exchange 20 — 22 10/4/2022 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date set forth opposite their respective signatures below. Dated: Approved as to Form: CITY ATTORNEY By: Name: Dated: Approved as to Form: COUNTY COUNSEL Name: CITY: CITY OF SANTA ANA, a California municipal corporation Name: Kristine Ridge Title: City Manger COUNTY: COUNTY OF ORANGE a political subdivision of the State of California Chairman of the Board of Supervisors Orange County, California Signed and certified that a copy of this document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79-1535 Attest: Robin Stieler Clerk of the Board of Supervisors Orange County, California Projecg1Ye' QVrX9PProperty Exchange 20 — 23 10/4/2022 EXHIBIT A Legal Description of County Property All that certain real property situated in the City of Santa Ana, County of Orange, State of California, more particularly described as follows: (Attached hereto and made part hereof) EXHIBIT A Pr0jec0tyeCS ,t&IProperty Exchange 20 — 24 10/4/2022 \Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00175931-994-LT2-lTW OC Public Works 601 N. Ross Street Santa Ana, CA 92701 ATTN: Scott Heinrichs Email: Scott. Heinrichs@ocpw.ocgov.com REF: PROPERTY: APN, SANTA ANA, CA Main Office Line: (213) 488-4300 Title Officer: Ted Tan/Jennifer Wright (LA/Comm) Title Officer Phone: (213) 488-4394 Title Officer Fax: (213) 488-4360 Title Officer Email: TeamX77@ctt.com PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By: Authorized Signature By. ��;g A4ichad J. NoLann President SE Uhiariorw Ne Ll Secrerary CLTA Prellmlin ry Report Folrm —Modified (11/17/06) 20 — 2rJ 10/4/2022 Page 1 ig)Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 PRELIMINARY REPORT EFFECTIVE DATE: April 14, 2022 at 7:30 a.m. ORDER NO.: 00175931-994-LT2-1TW The form of policy or policies of title insurance contemplated by this report is: 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee Estate 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: The City of Santa Ana, a charter city and municipal corporation under the constitution and laws of the State of California, as to Parcel A; and County of Orange, a body corporate and politic, as to Parcels B and C 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Council Report Form 20 — 26 10/4/2022 rm — Modified (11/17/06) Page 2 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: (008-036-35) PARCEL 1: THAT PORTION OF FORD'S ADDITION, GREENLEAF TRACT, AND STOUT'S ADDITION, AS PER MAPS RECORDED IN BOOK 25, PAGE 62 AND BOOK 25, PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA AND IN BOOK 6, PAGE 28 OF MISCELLANEOUS MAPS, RESPECTIVELY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, LYING EASTERLY OF THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO COUNTY OF ORANGE RECORDED MARCH 24, 1966, IN BOOK 7879, PAGE 504 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF VAN NESS STREET AS ABANDONED PER RESOLUTION NO. 57-264, DATED OCTOBER 21, 1957 BY THE SANTA ANA CITY COUNCIL AND RECORDED OCTOBER 25, 1957 IN BOOK 4082. PAGE 105 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF THE ABANDONED ALLEY AS SHOWN ON SAID FORD'S ADDITION, AS PER MAP RECORDED IN BOOK 25, PAGE 62 OF MISCELLANEOUS RECORDS, OF LOS ANGELES COUNTY, AS ABANDONED PER RESOLUTION NO. 60-71, DATED APRIL 18, 1960, BY THE SANTA ANA CITY COUNCIL, RECORDED APRIL 21, 1960 IN BOOK 5210, PAGE 415 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. TOGETHER WITH THAT PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. 69-27, DATED FEBRUARY 16, 1969 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19, 1969, IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. EXCEPTING THEREFROM THAT PORTION OF SAID LAND BOUNDED ON THE WEST BY THE EASTERLY LINE OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE, RECORDED AUGUST 30, 1965, IN BOOK 7648, PAGE 672 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; BOUNDED ON THE EAST BY A LINE LYING 117.00 FEET EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE LAND DESCRIBED IN SAID DEED; BOUNDED ON THE NORTH THE BY EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED; AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE ORANGE COUNTY CIVIC CENTER AUTHORITY PER DEED RECORDED IN BOOK 7978, PAGE 15 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN THE DEED TO THE COUNTY OF ORANGE AS RECORDED IN BOOK 7879, PAGE 504 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LAND 239.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY LINE126.00 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST MENTIONED COURSE TO A LINE PARALLEL WITH AND 70.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LAND; THENCE NORTHERLY ALONG SAID LAST MENTIONED PARALLEL LINE 126.00 FEET; THENCE WESTERLY, 70.00 FEET TO THE TRUE POINT OF BEGINNING. CLTA PrelClnCouncil Report Form 20 - 27 10/4/2022 rm — Modified (11/17/06) Page 3 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXHIBIT A (Continued) ALSO EXCEPTING THEREFROM THE NORTHERLY 31 FEET OF THE SAID LAND. ALSO EXCEPTING THEREFROM THE EASTERLY 5 FEET OF SAID LAND. ALSO EXCEPTING THEREFROM THAT PORTION OF THE RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 28 FEET WEST FROM THE SOUTHEAST CORNER OF LOT 3 OF THE GREENLEAF TRACT, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 49 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND RUNNING THENCE WEST 95.75 FEET; THENCE SOUTH 50 FEET; THENCE EAST 95.75 FEET; AND THENCE NORTH 50 FEET TO THE POINT OF BEGINNING. SAID LAND IS ALSO KNOWN AS A PORTION OF LOT B OF STOUT'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF SANTA ANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 219 FEET SOUTH AND 148.75 FEET WEST OF THE INTERSECTION OF THE CENTERLINES OF ROSS STREET AND HICKEY STREET NOW KNOWN AS CIVIC CENTER DRIVE, AS SAID STREETS ARE SHOWN ON A MAP OF STOUT'S ADDITION TO SANTA ANA, RECORDED IN BOOK 6, PAGE 28 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, SAID POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF LOT A AS SHOWN ON SAID MAP; THENCE WEST 145.75 FEET TO A POINT IN VAN NESS AVENUE; THENCE NORTH PARALLEL WITH THE EAST LINE OF VAN NESS AVENUE, 44 FEET; THENCE EAST 145.75 FEET TO A POINT DISTANT 148.75 FEET FROM THE CENTER LINE OF ROSS STREET, AS SHOWN ON SAID MAP; THENCE SOUTH 44 FEET TO THE POINT OF BEGINNING. A PORTION OF SAID LAND IS ALSO KNOWN AS LOT A OF STOUT'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA, ACTING THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS PER DEED RECORDED SEPTEMBER 26, 2007, AS INSTRUMENT NO. 2007-582904, OF OFFICIAL RECORDS, AS DESCRIBED THEREIN. PARCEL 2: ALL THAT CERTAIN LAND IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF SIXTH STREET AS ABANDONED PER RESOLUTION 69-27 BY THE SANTA ANA CITY COUNCIL, RECORDED IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, AND A PORTION OF THE LAND CONVEYED TO THE COUNTY OF ORANGE PER DEED RECORDED IN BOOK 7879, PAGE 504, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LAND CONVEYED TO THE COUNTY OF ORANGE; THENCE SOUTHERLY ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LAND 30.00 FEET TO THE CENTERLINE OF SIXTH STREET AS ABANDONED BY SAID RESOLUTION 69-27; THENCE WESTERLY ALONG SAID CENTERLINE OF SIXTH STREET 60.00 FEET; THENCE NORTHERLY PARALLEL WITH SAID EASTERLY LINE, AND ITS SOUTHERLY EXTENSION, 147.00 FEET; THENCE CLTA Pre 14iharyL'eport Form - Modified (11/17/06) 20 — 28 10/4/2022 Page 4 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXHIBIT A (Continued) EASTERLY PARALLEL WITH SAID CENTERLINE OF SIXTH STREET, 60.00 FEET TO SAID EASTERLY LINE; THENCE SOUTHERLY 117.00 FEET TO THE POINT OF BEGINNING. PARCEL B: (008-036-39) THAT PORTION OF THE LAND ALLOTTED TO JULIAN CHAVEZ, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1858, IN BOOK "B", PAGE 410 OF JUDGMENTS OF THE DISTRICT COURT OF THE 17T" JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF CHILTON TRACT ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 34, PAGE 93, OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF VISEL'S ADDITION, AS SHOWN ON A MAP RECORDED IN BOOK 3, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, AND THAT PORTION OF GEORGE W. FORD'S ADDITION TO SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 25, PAGE 62 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF GARNSEY STREET, PARTON STREET, SIXTH STREET AND THE ALLEY LYING IN SAID VISEL'S ADDITION AND THE ALLEY LYING IN SAID FORD'S ADDITION, ALL ABANDONED, LYING WITHIN THE DISTINCTIVE, SOLID BOUNDARY LINES OF RECORD OF SURVEY 95-1031, AS PER MAP FILED IN BOOK 149, PAGE(S) 49 AND 50 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE MONUMENTED INTERSECTION OF THE CENTERLINES OF SIXTH STREET, (ABANDONED AND PARTON STREET (ABANDONED) AS SHOWN ON A MAP OF RECORD OF SURVEY 95- 1031 FILED IN BOOK 149, PAGES 49 AND 50 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE NORTH 00' 00' 00" WEST, ALONG THE CENTERLINE OF SAID PARTON STREET, A DISTANCE OF 339.35 FEET TO THE SOUTHWEST CORNER OF THAT CERTAIN LAND DESCRIBED AS "LIBRARY PROPERTY" IN THE PARKING FACILITIES LEASE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND ORANGE COUNTY PUBLIC FACILITIES CORPORATION RECORDED DECEMBER 22, 1987, AS INSTRUMENT NO. 87-703744, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 89' 58' 44" EAST, ALONG THE SOUTH LINE OF SAID "LIBRARY PROPERTY" A DISTANCE OF 137.17 FEET TO A POINT ON THE MOST EASTERLY MONUMENTED COURSE OF THE LINE DESIGNATED AS "SURVEY LINE" ON SAID RECORD OF SURVEY SHOWN THEREIN AS HAVING A BEARING OF NORTH 00' 03' 16" EAST AND A DISTANCE OF 90.70 FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00' 03' 16" EAST, ALONG SAID COURSE, A DISTANCE OF 23.87 FEET TO THE NORTHERLY TERMINUS THEREOF; THENCE CONTINUING ALONG SAID SURVEY LINE NORTH 89' 56' 44" WEST A DISTANCE OF 27.60 FEET; THENCE NORTH 00' 03' 16" EAST A DISTANCE OF 17.50 FEET; THENCE NORTH 89' 56' 44" WEST A DISTANCE OF 35.20 FEET; THENCE NORTH 00' 03' 16" EAST A DISTANCE OF 52.20 FEET; THENCE NORTH 89' 56' 44" WEST A DISTANCE OF 0.50 FEET; THENCE NORTH 00' 03' 16" EAST A DISTANCE OF 58.92 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 101.13 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID SURVEY LINE, THROUGH A CENTRAL ANGLE OF 74' 30' 07" A DISTANCE OF 131.50 FEET TO THE INTERSECTION OF SAID SURVEY LINE WITH THE CENTERLINE OF SAID PARTON STREET AND THE WEST LINE OF SAID "LIBRARY PROPERTY"; THENCE NORTH 00' 00' 00" EAST, ALONG THE CENTERLINE OF SAID PARTON STREET AND ALONG THE WEST LINE OF SAID "LIBRARY PROPERTY", A DISTANCE OF 26.84 FEET TO A POINT ON THE NORTH LINE OF THAT CERTAIN LAND DESCRIBED AS PARCEL NO. 3.11 IN THE QUITCLAIM DEED FROM THE ORANGE COUNTY CIVIC CENTER AUTHORITY TO THE COUNTY OF ORANGE RECORDED MARCH 3, 1994, AS DOCUMENT NO. 94-0153374, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID "LIBRARY PROPERTY"; THENCE SOUTH 89' 55' 45" EAST (SOUTH 89° 56' 19" EAST, RECORD PER SAID DOCUMENT NO. 94-0153374), ALONG THE NORTH LINE OF SAID "LIBRARY PROPERTY" AND ALONG THE NORTH LINE OF SAID PARCEL NO. 3.11, PARALLEL WITH THE 56.00 FEET SOUTHERLY OF THE CENTERLINE OF CLTA Pre 14iharyL'eport Form - Modified (11/17/06) 20 — 29 10/4/2022 Page 5 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00175931-994-LT2-1TW EXHIBIT A (Continued) CIVIC CENTER DRIVE, A DISTANCE OF 147.00 FEET TO THE NORTHERLY MOST NORTHEAST CORNER OF SAID PARCEL NO. 3.11; THENCE SOUTH 00' 00' 00" WEST, ALONG THE EAST LINE OF SAID PARCEL NO. 3.11, A DISTANCE OF 239.00 FEET; THENCE NORTH 90' 00' 00" EAST A DISTANCE OF 70.00 FEET; THENCE SOUTH 00' 00' 00" WEST A DISTANCE OF 37.75 FEET TO THE POINT OF INTERSECTION OF THE EAST LINE OF SAID PARCEL NO. 3.11 WITH THE SOUTH LINE OF SAID "LIBRARY PROPERTY", SAID POINT BEARING SOUTH 89' 58' 44" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89' 58' 44" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 79.83 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND SHOWN IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012, AS INSTRUMENT NUMBER 2012-397238, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND SHOWN IN THAT CERTAIN GRANT DEED TO THE STATE OF CALIFORNIA, ACTING BY AND THROUGH THE JUDICIAL COUNCIL OF CALIFORNIA, ADMINISTRATIVE OFFICE OF THE COURTS, IN DEED RECORDED JULY 13, 2012, AS INSTRUMENT NUMBER 2012-397239,OF OFFICIAL RECORDS PARCEL C: (008-067-46) SOUTH HALF OF SIXTH STREET AS ABANDONED PER RESOLUTION NO. 69-27, DATED FEBRUARY 16, 1969 BY THE SANTA ANA CITY COUNCIL, RECORDED FEBRUARY 19, 1969, IN BOOK 8878, PAGE 863 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, BOUNDED ON THE EAST AND WEST BY NORTHERLY PROLONGATION OF EASTERLY AND WESTERLY LINES OF BLACK F OF ROSS ADDITION TO SANTA ANA, AS SHOWN ON MAP RECORDED IN BOOK 3 PAGES 534 AND 535 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY. THE LEGAL DESCRIPTION PARCEL C SHOWN ABOVE HAS NOT BEEN CREATED OF RECORD AND IS SUBJECT TO THE APPROVAL OF OUR ENGINEERING DEPARTMENT. SAID DESCRIPTION MAY NOT BE USED IN VIOLATION OF THE SUBDIVISION MAP ACT. APN: 008-036-35, -39, 008-067-46 CLTA Pre 14iharyL'eport Form - Modified (11/17/06) 20 — 30 10/4/2022 Page 6 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 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 2022-2023. B. There were no taxes levied for the fiscal year 2021-2022 as the property was vested in a public entity. Tax Identification No.: 008-036-39 Tax Identification No.: 008-067-46 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. 1. Water rights, claims or title to water, whether or not disclosed by the public records. THE FOLLOWING MATTERS AFFECT PARCEL A: 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: July 15, 1959 in Book 4799, Page 557 of Official Records Affects: said land more particularly described therein. 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utility Recorded: February 29, 1960 in Book 5122, Page 331 of Official Records Affects: said land more particularly described therein. 4. The terms, provisions and conditions and contained in that certain Agreement entitled "Joint Exercise of Powers Agreement between the City of Santa Ana and the County of Orange Creating the Orange County Civic Center Authority", recorded August 17, 1966 in Book 8022, Pa e 335 of Official Records, and as amended by an Agreement dated for convenience as of June 10, 1970, recorded December 29, 1971 in Book 9946, Page 76 of Official Records and as further amended by an Agreement dated for convenience as of December 22, 1970, recorded December 29, 1971 in Book 9946, Page 84 of Official Records, and amended by agreement recorded November 20, 1970 in Book 9466, Page 320 of Official Records, to which record reference is hereby made for full particulars. CLTA Prellml�nry Report Folrm —Modified (11/17/06) 20 - 31 10/4/2022 Page 7 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11306 in book 8878 page 863 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street, Garnsey Street and Parton Street A document subject to all the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2, 1993 as Instrument No. 93-073023, of Official Records A document subject to all the terms, provisions and conditions therein contained. Entitled: Easement Amendment and Encroachment Agreement Recorded: July 11, 2007 as Instrument No. 2007000434462, of Official Records 6. A document subject to all the terms, provisions and conditions therein contained. Entitled: Joint Use Agreement Dated: August 17, 1971 By and between: County of Orange, a Body Corporate and Politic and the City of Santa Ana, a Municipal Corporation Recorded: August 26, 1971 in Book 9779, Page 72 of Official Records Reference is made to said document for full particulars. 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: January 31, 1989 as Instrument No. 89-054223 of Official Records Affects: said land more particularly described therein. CLTA Pre ikinaryLeport Form — Modified (11/17/06) 20 - 32 10/4/2022 Page 8 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 8. A lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Recorded: The City of Santa Ana Orange County Public Facilities Corporation July 31, 1991 as Instrument No. 91-404171 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. The matters contained in a document entitled "Assignment Agreement" by and between Orange County Public Facilities Corporation and Bank of America National Trust and Savings Association recorded July 31, 1991 as Instrument No. 91-404174 of Official Records. Reference is made to said document for full particulars. The matters contained in a document entitled "Assignment of Assignment Agreement" by and between Bank of America National Trust and Savings Association and First Trust of California, National Association recorded May 2, 1995 as Instrument No. 95-0186673 of Official Records. Reference is made to said document for full particulars. 9. An lease with certain terms, covenants, conditions and provisions set forth therein. Lessor: City of Santa Ana, a Municipal Corporation Lessee: Santa Ana Financing Authority, a Joint Powers Authority Disclosed by: Ground Lease Recorded: March 22, 1994 as Instrument No. 94-0201357 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. An agreement to amend or modify certain provisions of said lease, as set forth in the document executed by As Lessor: Santa Ana Financing Authority As Lessee: Meridian Trust Company, as Trustee Recorded: March 22, 1994 as Instrument No. 94-0201359 of Official Records 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: Southern California Edison Company, a Corporation Purpose: Public utilities Recorded: January 14, 1999 as Instrument No. 19990028200 of Official Records Affects: said land more particularly described therein. 11. Matters contained in that certain document Entitled: Memorandum of Agreement Recording Date: January 24, 2006 Recording No: 2006-52301, of or4 Reference is hereby made to said document for full particulars. CLTA Pre ikinary port Form — Modified (11/17/06) 20 - 33 10/4/2022 Page 9 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 12. Matters contained in that certain document Entitled: Easement Deed and Agreement Dated: March 11, 2008 Executed by: City of Santa Ana and the County of Orange Recording Date: March 18, 2008 Recording No: 2008000124173, Official Records Reference is hereby made to said document for full particulars. 13. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Site and Facility Lease Lessor: City of Santa Ana Lessee: Santa Ana Financing Authority Recording Date: June 17, 2014 Recording No: 2014000238201, Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein 14. An unrecorded sublease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Memorandum of Lease Agreement Lessor: Santa Ana Financing Authority Lessee: City of Santa Ana Recording Date: June 17, 2014 Recording No: 2014000238202, Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein The matters contained in a document entitled "Assignment Agreement" by and between Santa Ana Financing Authority and U.S. Bank National Association, as agent of TPB Investments, Inc., a wholly owned subsidiary of Western Alliance Bank, an Arizona corporation, Compass Mortgage Corporation, an Alabama corporation, and Capital One Public Funding, LLC, and their successors and assigns recorded June 17, 2014 as Instrument No. 2014000238203, of Official Records. Reference is made to said document for full particulars. 15. Matters contained in that certain document Entitled: Second Easement Deed and Agreement Recording Date: August 18, 2016 Recording No: 2016-391498, of Official Records Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL B: CLTA Pre ikinary port Form — Modified (11/17/06) 20 — 34 10/4/2022Page 10 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 16. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The City of Santa Ana, a Municipal Corporation Purpose: water line Recorded: June 28, 1924, in Book 529, Page 292, of Deeds Affects: the South 2 feet of Lot 4, Block "B" of the Chilton Tract 17. An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company Purpose: Public utilities Recorded: November 9, 1948, in Book 1727, Page 88, of Official Records Affects: The East 3 feet of Lot 10, 11 and 12, Block "B" of the Chilton tract 18. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: aerial and underground telephone, telegraph and communication structures Recorded: June 5, 1968, in Book 8622, Page 220, of Official Records Affects: The Northerly 5 feet of the Southerly 29 feet measured from the centerline of Sixth Street (now abandoned) between Flower and Garnsey Streets as shown on a map filed in Book 85, Page 2, Records of Survey. 19. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: gas lines Recorded: June 5, 1968, in Book 8622, Page 220, of Official Records Affects: the Northerly 5 feet of the Southerly 26.50 feet measured from the centerline of Sixth Street (now abandoned) between Flower and Garnsey Street as shown on a map filed in Book 85, Page 2, Records of Survey. 20. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: water main Recorded: June 5, 1968, in Book 8622, Page 220, of Official Records Affects: The Southerly 10 feet of the Northerly 25 feet measured from the centerline of Sixth Street (now abandoned) between Flower and Garnsey Streets as shown on a map filed in Book 85, Page 2, Records of Survey. CLTA Pre ikinaryLeport Form — Modified (11/17/06) 20 - 35 10/4/2022Page 11 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 21. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11306 in book 8878 page 863 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street, Garnsey Street and Parton Street A document subject to all the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2, 1993 as Instrument No. 93-073023, of Official Records A document subject to all the terms, provisions and conditions therein contained. Entitled: Easement Amendment and Encroachment Agreement Recorded: July 11, 2007 as Instrument No. 2007000434462, of Official Records 22. An easement for the purpose shown below and rights incidental thereto as reserved in a document Purpose: aerial and underground telephone, telegraph and communication structures Recorded: February 19, 1969, in Book 8878, Page 863, of Official Records Affects: The Northerly 10 feet of the Southerly 30 feet measured from the centerline of sixth Street (now abandoned) between Flower and Ross Streets as shown on a map recorded in Book 3, Page(s) 534 and 535, of Official Records, of Los Angeles County, California. 23. The matters contained in a document entitled "Joint Use Agreement" by and between The County of Orange and the City of Santa Ana, recorded August 26, 1971, in Book 9779, Page 72, of Official Records. Reference is made to said document for full particulars. 24. Any discrepancies that may be disclosed by Record of Survey Map No. 1284 on file in Book 149, page(s 49 and 50 of Records of Survey, Orange County Records. Reference is made to said map for further particulars. 25. Any discrepancies that may be disclosed by Record of Survey Map No. 95-1031 on file in Book 75, page(s) 48 of Records of Survey, Orange County Records. Reference is made to said map for further particulars. 26. Matters contained in that certain document Entitled: Memorandum of Transfer and Joint Occupancy Agreements Recording Date: December 28, 2009 Recording No: 2009-693763, of Official Records Reference is hereby made to said document for full particulars. CLTA PreliP6narr0yLeport Form — Modified (11/17/06) 20 - 36 10/4/2022Page 12 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 27. Matters contained in that certain document Entitled: Grant of Access Easement Recording Date: July 13, 2012 Recording No: 2012-397240, of Official Records Reference is hereby made to said document for full particulars. 28. Matters contained in that certain document Entitled: Easement Deed and Agreement Recording Date: August 18, 2016 Recording No: 2016-391497, of Official Records Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL C: Chicago Title Company ORDER NO.: 00175931-994-LT2-1TW 29. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Potable water main Recorded: June 5, 1968 as Instrument No. 2519 in book 8622 page 220 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street 30. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Potable water main, utilities Recorded: February 19, 1969 as Instrument No. 11306 in book 8878 page 863 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street, Garnsey Street and Parton Street A document subject to all the terms, provisions and conditions therein contained. Entitled: Encroachment Agreement Recorded: February 2, 1993 as Instrument No. 93-073023, of Official Records A document subject to all the terms, provisions and conditions therein contained. Entitled: Easement Amendment and Encroachment Agreement Recorded: July 11, 2007 as Instrument No. 2007000434462, of Official Records 31 A document entitled "Joint Use Agreement', dated August 17, 1971 executed by County of Orange, and the City of Santa Ana, subject to all the terms, provision(s) and conditions therein contained, recorded August 26, 1971 as instrument no. 24678 in book 9779 page 72 of Official Records Among other things, said document provides: For Central Utility Distribution System CLTA Pre ikinaryLeport Form — Modified (11/17/06) 20 - 37 10/4/2022Page 13 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 32. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Utility Recorded: May 9, 1978 as Instrument No. 13610 in book 12667 page 1820 of Official Records Affects: That portion of said land lying within a portion of vacated Sixth Street 33. Easements affecting said land and rights incidental thereto as disclosed by a map attached to the Quitclaim Deed referenced below, Recorded: March 3, 1994 as Instrument No. 94-153374 of Official Records Affects: Those portions of said land as shown on the map attached to said deed 34 A document subject to all the terms, provisions and conditions therein contained. Entitled: Memorandum of Transfer and Joint Occupancy Agreement Recorded: December 28, 2009 as Instrument No. 2009-000693763, of Official Records 35. Right of way over a portion of said land, as granted to Martha P. Rush and Benjamin L. Glazner, et ux., by deed recorded in Book 418 Page 45 of Deeds, records of said Orange County. THE FOLLOWING MATTERS AFFECT ALL PARCELS: 36. The fact that said land 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 of the Project Area of the City of Santa Ana Community Redevelopment Plan Recorded: July 18, 1973, in Book 10807, Page 9, of Official Records An agreement to modify the terms and provisions of the said document, as therein provided Recording Date: October 20, 2004 Recording No: 2004-948360, of Official Records An agreement to modify the terms and provisions of the said document, as therein provided Recording Date: December 20, 2007 Recording No: 2007-744244, of Official Records 37. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 38. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Pre ikinary port Form — Modified (11/17/06) 20 - 38 10/4/2022Page 14 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW EXCEPTIONS (Continued) 39. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 40. The Company will require that a full copy of any unrecorded lease referred to herein be furnished to the Company, together with all supplements, assignments and amendments for review. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Prel1kinarr0yLWeport Form — Modified (11/17/06) 20 - 39 10/4/2022Page 15 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW REQUIREMENTS SECTION 1. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any form of title insurance. Governmental agency: The City of Santa Ana, a charter city and municipal corporation under the constitution and laws of the State of California and County of Orange, a body corporate and politic 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS City Council 20 — 40 10/4/2022 CLTA Preliminary Report Form — Modified (11/17/06) Page 16 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00175931-994-LT2-1TW INFORMATIONAL NOTES SECTION =clause= None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as APN, located within the city of Santa Ana, California, , to an Extended Coverage Loan Policy. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. 6. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortaaae based on the application of a Tribe's law resultina from the failure of the City Council 20 — 41 10/4/2022 CLTA Preliminary Report Form — Modified (11/17/06) Page 1 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00175931-994-LT2-1TW INFORMATIONAL NOTES (Continued) Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 7. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 008-036-35 Fiscal Year: 2021-2022 1st Installment: $13,532.12 2nd Installment: $13,532.12 Other Exemption: $16,767,218.00 Code Area: 11-005 Affects: Parcel A 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Ted Tan/Jennifer Wright (LA/Comm)/jt City Council 20 — 42 10/4/2022 CLTA Preliminary Report Form — Modified (11/17/06) Page 2 `I R E SAFE Inquire fanfare you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.fbL_gov Internet Crime Complaint Center. http://www.ic3._qov Wire Fraud Ale Original Effectivcluncip 20 - 43 10/4/2022 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev Page 1 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved \Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC — Chicago Title company CLTC — Commonwealth Land Title Company FNTC — Fidelity National Title Company of California FNTCCA - Fidelity National Title Company of California TICOR — Ticor Title Company of California LTC — Lawyer's Title Company SLTC — ServiceLink Title Company Available Discounts Underwritten by FNF Underwriters CTIC — Chicago Title Insurance Company CLTIC - Commonwealth Land Title Insurance Company FNTIC — Fidelity National Title Insurance Company FNTIC - Fidelity National Title Insurance Company CTIC — Chicago Title Insurance Company CLTIC — Commonwealth Land Title Insurance Company CTIC — Chicago Title Insurance Company DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of "V,1, '� mFV (Rev. 01-15-20) 20 — 44 Last Sal 21 )� 22 by 985 MISC0164 0 Rev. 3/12/20) Escrow No.: 0 17 93 994-LT2-1TW FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide , Ity Counci 20 — 45 10/4/2022 FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 07/29/21) Page 1 Order No. 00175931-994-LT2-1TW • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacV.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. City Council 20 — 46 10/4/2022 FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 07/29/21) Page 2 Order No. 00175931-994-LT2-1TW Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer City Council 20 — 47 10/4/2022 FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 07/29/21) Page 3 Order No. 00175931-994-LT2-1TW ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One — CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this r license or express permisla tyolgoor1dijornia Land Title Association. 20 — 48 1 0/4/2022 c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. Failure to pay value for Your Title. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 $ 10,000.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 $ 25,000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 $ 25,000.00 (whichever is less) Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 $ 5,000.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One — CA (Rev. 05-06-16) Page 2 © California Land Title Association. All rights reserved. The use of this r license or express permisla ftyolgoo r1dijornia Land Title Association. 20 — 49 1 0/4/2022 (PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One — CA (Rev. 05-06-16) Page 3 © California Land Title Association. All rights reserved. The use of this r license or express permislaj(yoJ360r1dijornia Land Title Association. 20 - 50 1 0/4/2022 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY — ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One — CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this r license or express permisla tyoJ360r1dijornia Land Title Association. 20 - 51 1 0/4/2022 Chicago Title��"ompan;� N �2 J � a n L______J L__J s am awrEa (SOUTH ST.) EAR B -1 DRIVE r r S 1� VaLS 1 1 ur ,. L------>� JIQ -----1 1 .. ----- : 6t� ;------ 1GREEALEAF ORDER N 0. �. FORDS' I I I ., w x LI -- 1 I I I I ----' W r > I I I -5I2- ^ -------1_------ r I W 00175931-994 y N I yyy¢ I__ _1'3 _J�__L•5__ i N I • QI - 1 ; 1ABAftl ACLE�---_c L_ __r� _ _ ' I - 413„ TRACT 06/01 /2022 I �I (--_— 1 r 1 I �• a " I 32 g ---------J6I---- 9 V- •(• • -� A P N 1 -------� i —_— i 1 36 i I Ion i STOUTS b I- -A.P I b R 1 4.412 Al.------ 8.18 — roao- ' - ____ 008-036-35 39 & 067-46 " ' Legend 2.426 At. R. S.'II i75 - 48 $ i s +I 1 =�.60' • 1 I i I 7 19 i v 0 r ----------- --JI—I�-----n�10---A�T CHAT N I TRACT,4 I a - I _ ____1 I r 1 1 - I t i 036 1 1 n 35 1 I n I N O PAR A -PAR 1 W'q ---- Lis=---- —U F------ ��6-------I L�_eIF Ito i ---- t------ „-, �PAR A - PAR 2 e I„ „ - PAR B 51s I ------1----- --i I al5 I I ---F------- $ I 5 Lzo"-----1 _1P�5 cnm I f -- -- O PAR C aI soles 1 f----r------- I 1 -----• —91 " I e __ —4 ---- I - I " e �1I4 I3280At. 4 121 ------ 1-------- III ---U-Ila '-- '— Ease for Public Utilities recorded 07115/1959 Bk4799 Pg557 OR -Item BLK. j B -- K_ A PAR B I I a r 1 - y l i ut--- Ease for Public Utility recorded ® ------r---- to J.I L__ 2z ----------- F_______{ --- -- 1 13 02/29/1960 Bk5122 Pg331 OR - Item 3 o 1 1 a: v < I t � 1 2 PAR Ease for Potable Water Main &Utilities recorded 9/1969 # 11306 Bk8878 Pg863 __---1-2---- --- I �-- —�' 1 ILL ----I _—A l t--- asn— ®0211 02/02/1993#93-073023 r------- y . T I I OR.LO 1`124 & 07/1/2007 # 2007000434462 OR -Item 5 Ate• I j_ _— _ _� �'I '" eS' ADD. I Q �_______� �I ,s,' p_ce. _ _ —1______-� 60' Ease for Public Utilities recorded -01/31/19891nst#89-054223OR-Item 7 SIXTH a :'Xiflf45/i.XI /yufR.a/ rya, j J SrRFEr u Ease for Public Utilities recorded s1xrH R /' • I� r�' �/� - 01/14/1999 Inst # 19990028200 OR - Item 10 ,os _r_ I O6 - Ease for Pipeline ® Conduits & Distribution Facilities recorded 03118/2008 Inst # 2 008000124173OR Item 12 W W w I I IBL K•I G a I I - 1 I I" w W l I I I I g l BLK.1 F 1 ¢ BLK C BLK. 19 �, I I 1� l M1so 5i4 W W Ease for Pipeline - Conduits & Distribution Facilities recorded so• 5-4 — 1 11 so•� N i— _I __ 1 +«1 m 3 5I 4 IJ I2 11 :. _ =L! _J —I L_JL_li _L_J° y OB/18/2016nst#2016-3914980R- Item 15 V) 617 18 19 110 1 120 ., 617 18 9 110 r' 617 18 19 10 s° I I • so I 6 10 306 7 I I' s° I s I • I I z - Ease for Water Line recorded I I I I I I I I h I - l I 11/09/148 Bk1727 Pg88 OR - Item 17 � 1 2.00 At I Y I g I I 112" I 11. 5. 185 - 21 - I I 145 I I t Al I I" 36 I& i I s l s I I 067 G I0.459 I� = I 47 I I Y I p I I r.a531Ac. I H I L Ease for Water Main recorded 06/05/1968 Bk8622 Pg220 OR -Item 20 I I 1 I I I I I I At. I I I _ I I I ADD• Ease for Potable Water Main & Utilities recorded I S. 1501Ac. ___-__—I—__I �_�__1 _i—_�__J 02/19/1969 # 11306 Bk8878 Pg863 F/FTH STREET F1F7H ® 02/02/1993 # 93-073023 48 0. r46 At. srReer & 07/11/2007 # 2007000434462 OR - Item 21 I I 5P I — rAeA x. .°' srREErI I I I i j ,o• �• r T r J H POR o LOT3 r 14 IBLK.IA Ease for Access recorded 07/13/2012 # 2012-397240 OR - Item 27 1 I I 0• �31 l I Ac' I I I I I I I I I I I 1 2 I. ©3 1 R.S. I �, - Ease for Potable Water Main recorded # 2519 Bk8622 Pg220 OR 29 I p I n I l g l I Q I �" ,;e I I I I I al I I I n II 181-r0 ry 06105/1968 -Item I I I QzI I BKI D I&K1E DbS Utilities recordedS Ease for Potable Water Main & 43W 1 .1. I 14 13 12 17 --I le_19 It1 s71I —"`��' I°_>__ 12 11 J514L—J211_ -- _•_I 617 la e _ —I w2 11 02/19/1969 # 11306 Bk8878 Pg863, 02102/1993 # 93-073023 & 07/11/2007 I I • I IBLK.IH II "a" I I 1- OT3vI7 ILO&K.1 A yI # 2007000434462 OR - Item 30i Ease for Utility recorded s'• I II II ;: 1 5 107 ACI I 1 0 Q 05/09/1978 # 13610 Bk12667 Pg1820 OR - Item 32 This map/plat is being furnished as an aid in locating the herein 9 ,o�' described Land in relation to adjoining streets, natural boundaries _ 49 and other land, and is not a survey of the land depicted. Except i FowrH (AEAgO. ST) STREET ; rou9;H' to the extent a policy of title insurance is expressly modified by CitCouncil y 20 — 52 endorsement, ifany, ljl�,�=py z not insure dimensions, distances, location of §� ge or other matters shown W 39B _ 22 thereon. Title Company � z i L--JChicago L-----a b am awr (MTH STJ rqR B , S Mtn r r , o �s,z I sass' I I h,.a•I a; VLSBLS I I ur. ,. w• m, i I s A, _____>� td .�--- 1 ,e. L-------t------- I GREEII@EAF ORDER N 0. FORDS' I � I F I I I .,� I I I I I 1 I a r----"1, Lu------I >I I I. I sla ------ r------- I 1 1�w1 00175931-99 4 iL--1J—J±_—LS-- i I al I ' < ^ 413„ TRACT •G ti a pl 1AHAftl ACLE�----C I b I r�-----"1 H 06/01 /2022 I I E__—__--7J?___--_—I 9 L ----I __--__1 sTouTs n AP N 14.412 At. 91H I H 1 f7 I -- r �.---- - gl F-------•18 mao• __ - 2.426 At. R. S. I 1 'I 76 - 48 $ I Y i I I - 1 n.eo .71 I. I I I 1-----'-°�7--- -- N 008 036 & 067 46 5� ------i ---- CHAT N TRACT,a —I�-----n�10$--A� i --- ----i I ) o -I ----'-------I L6rn I --3-5 ----'-_---- Legend "His„ i j a i i-----_t2a5 PAR A - PAR 1 Hi 41 I I I I -- I t PAR A - PAR 2 1 a I -----sl<---- BLK. i B i Z I P I gI ____—__ K i 39 I 3.280AC. 4 127 I ------- r------- t I_--_--ula �..>.. f r�------ 1 1 �PARB W------- o 701s I z 1 a I AR B I _` r°I I '. se Izz I Q � h-------t3 ---- IR q. �j� �------- PAR C Ease for Telephone, Telegraph k it 2 o I H 41 m 1J_—__—_ `I14 rss. m*' >e POR. 10i i6 y to ®&Communication Structures recorded I t 1 I I POR• Lor 1 0: 02/19/1969 Bk8878 Pg863 OR - Item 22 L ALKJ „ m, ADD i ADD. ----------�-1----,_ _� __— ,4 Ease for Street recorded ®Bk149 s�xTrr ' a sraEEp sTREEr? � PQRrr J Pg49 Record of Survey -Item 24 srREEr Ease for Street recorded ® —i ROSS Bk75 Pg48 Record of Survey - Item 25 I I 06 I I � a� i i 1= i:: Ease for Undisclosed Purpose recorded ® 1 _„ ; i W • < 03/03/1994 # 94-153374 OR - Item 33 W w iBLK.iG ;a i i i I I�—F--jI M1tl so6I 14—I,B,L'—K, BLK.BC zW V) o• SIII4n• 1I L5i 61819 110 614 JJ211 ° t—s—o-- —50—Ii — J-11—J _—J4 — —ly2 (1) 20I I jB--K.I SI I 617 18 I9 O I h I 6I I8 l I 2.00 At I I' I I � I 185 -7I 1 I I I "I1ZOO Ap. 1 I" 1 s l I 0617 i a 136 IR I I "al IpO I� I 47 I 5l I Ip I I 1.653AC. I I I I I I I �- I At. I I I I I ADD• I I I I I I I I I I I S. r301Ac. L—J--J--L— F/FTN —L—J--J 48 0.146 At. STREET s J" FIFTH STREET (ABAfK1. STREET) POR 0T 7 -----�52 KA 0093 Ig a 1 R.S. I q, ry i r.2s7t711 Ac. i i �iE IBK1 D I RO�I1S N k3W I 13 12I7 fiIl 18 19__IO �_> ,_o• � 7I Q� LI I _,_o SIi432 11 J _K_I 617 18 9 10 _L4—Y--— �6I7 IH I9 I P(10 114 I II II BLK.I H I I I I I I A I I s I LOOT' BLX.i A y 00 I 1 1 1 107 AC, = I - This map/plat is being furnished as an aid in locating the herein '1 1.,';-7. %_. g ,a40D' ` - _ °° described Land in relation to adjoining streets, natural boundaries »9 and other land, and is not a survey of the land depicted. Except i Famm aeAHO. sr.) STREET q ram; to the extent a policy of title insurance is expressly modified by COUICIl 20— 53 endorsement, if any, �2:gnot insure dimensions,CIt distances, location oa=0 eor other matters shown W 398 - 22 thereon. EXHIBIT B Legal Description of City Property All that certain real property situated in the City of Santa Ana, County of Orange, State of California, more particularly described as follows: AM (Attached hereto and made part hereof) y 18 Pr0jec0tyeC9 ,t&IProperty Exchange 20 — 54 10/4/2022 EXHIBIT C City Preliminary Title Report (Attached hereto and made part hereof) EXHIBIT C Projecaty eC6ftt&jProperty Exchange 20 — 55 10/4/2022 EXHIBIT D County Preliminary Title Reports (Attached hereto and made part hereof) ri r� 2 ProjecOtyeC9 ,t&IProperty Exchange 20 — 56 10/4/2022 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the CITY OF SANTA ANA, a California municipal corporation, is hereby accepted by order of the City Council of Santa Ana, California, and the CITY OF SANTA ANA consents to recordation thereof. APPROVED AS TO LEGAL FORM: City Attorney ,y CITY OF SANTA ANA, a municipal Corporation organized and existing under the laws of the State of California Title: Date: J Projec I ye. ouna1 rope Exchange 20 — 57 10/4/2022 EXHIBIT F City Deed I_j Projec Dyed ouna1 rope Exchange 20 — 58 10/4/2022 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, California Attn: City Manager And County of Orange CEO Real Estate 333 West Santa Ana Blvd., 31 Floor Santa Ana, California Attn: Thomas A. Miller No Recording Fee Pursuant to Gov't Code § 27383 No Documentary Transfer Tax Pursuant to Revenue & Taxation Code § 11922 (Space Above for Recorder's Use) QUITCLAIM DEED The undersigned grantor declares: Documentary transfer tax is shown on the accompanying statement and is not for public record. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Santa Ana, a municipal corporation organized and existing under the laws of the State of California ("Grantor"), hereby quitclaims to the County of Orange, a political subdivision of the State of California ("Grantee"), all right title and interest in the real property located in the City of Santa Ana, County of Orange, State of California, described in Schedule 1 attached hereto and incorporated herein by reference (the "Property"). SUBJECT TO: 1. General and Special Real Property Taxes for the current fiscal year. 2. Covenants, conditions, restrictions, easements, reservations, rights and rights -of - way of record. 3. [Insert any pertinent/additional details] Projec I ye. ouna1 rope Exchange 20 — 59 10/4/2022 CITY OF SANTA ANA Title: Date: APPROVED AS TO LEGAL FORM: IC City Attorney 146,1 0 Projec I ye. ouna1 rope Exchange 20 — 60 10/4/2022 STATE OF CALIFORNIA COUNTY OF On , before me, , personally appeared (or 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 J (Seal) Projec I ye. ouna1 rope Exchange 20 — 61 10/4/2022 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the within deed or grant to the COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by order of the Board of Supervisors of Orange County, California, and the COUNTY OF ORANGE consents to recordation thereof. COUNTY OF ORANGE: By: Chairman Date: Signed and certified that a copy of this Document has been delivered to the Chair of the Board per G.C. Sec. 25103, Resolution 79-1535 Attest: Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO LEGAL FORM: an Senior Deputy County Counsel n Projec I ye. ouna1 rope Exchange 20 — 62 10/4/2022 Exhibit 4 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING CITY -OWNED PROPERTY AS EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., TO EXCHANGE FOR COUNTY OF ORANGE REAL PROPERTY FOR THE CITY'S USE 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 31, 2022, the Orange County Chief Real Estate Officer and City of Santa Ana City Manager entered into a non -binding Letter of Intent with the express interest of exchanging a County -owned 2.2- acre parcel in the Civic Center ("Parcel A" or "County Property"), for a City -owned 0.7-acre parcel encompassing a portion of the Civic Center Library Parking Structure ("Parcel B" or "City Property"), as detailed in Exhibit A attached herewith and incorporated herein by reference B. The City Property includes portions of APN 008-036-35. C. The County Property includes portions of APN's 008-067-46 and 008- 036-39. D. Within Parcel B is a portion of the Library parking structure. The County administers the parking within the Civic Center and, under the various agreements with the City for the operation of the Civic Center, collects the revenues for the upkeep of the Civic Center area. Parcel B is not needed for City purposes. E. Within Parcel A is the Plaza of the Flags and parking structure area below, as well as the Japanese Garden and a portion of the Ross Annex Parking Structure. County staff have indicated that Parcel A is not needed for County purposes. It is also located directly adjacent to Santa Ana City Hall. The Plaza is generally used by the City for activities throughout the year for special events for which approval must be requested from the County of Orange. The City's ownership of the property will allow the City to utilize the Plaza without going through a County permitting process. Resolution No. 2022-XXX Page 1 of 5 City Council 20 — 63 10/4/2022 F. Upon the exchange of the City Property and County Property, the property ownership boundaries which currently run through the Civic Center Library Parking Structure and the Ross Annex parking structure will be adjusted so that the structures are wholly contained within one ownership. G. In order to consolidate ownership of the Civic Center Library Parking Structure and assist the City in the activation of the Plaza of the Flags area, the County and the City share a mutual interest in the exchange of parcels. H. Based on the analysis of City staff, valuation of the parcels subject to the exchange is equivalent. I. California Government Code section 54221(f)(1)(C) defines exempt surplus land to include surplus land that a local agency is exchanging for another property necessary for the agency's use. J. California Government Code section 54221(f)(1)(D) defines exempt surplus land to also include surplus land that a local agency is transferring to another local, state, or federal agency for the agency's use. K. An exchange of the City Property from the City to the County for the County Property is mutually beneficial to both agencies. L. The City intends to exchange the City Property for the County Property for the City's use. M. The City now desires to declare the City Property as exempt surplus land and authorize the exchange of the City Property for the County Property. Section 2. The City Council hereby finds and declares the City Property exempt surplus land pursuant to California Government Code sections 54221(f)(1)(C) and (D), based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to execute any and all documents necessary to complete the exchange of the City Property for the County Property. Section 4. The exchange of the City Property is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However, if Resolution No. 2022-XXX Page 2 of 5 City Council 20 — 64 10/4/2022 development was proposed on the City Property by a subsequent owner, then that development would be reviewed under CEQA. 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 12022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. CaWalh , City Attorney By: Ryan Hodge Assistant City\Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2022-XXX Page 3 of 5 City Council 20 — 65 10/4/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-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. 2022-XXX Page 4 of 5 City Council 20 — 66 10/4/2022 EXHIBIT A Resolution No. 2022-XXX Page 5 of 5 City Council 20 — 67 10/4/2022 A City Council 20 — 68 10/4/2022 Clerk of the Council Office _ www.santa-ana.org/departments/clerk-of-the-council/ Item # 21 o`er City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Assembly Bill 361 AGENDA TITLE: Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361 RECOMMENDED ACTION Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days. DISCUSSION On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20, suspending certain provisions of the Brown Act to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff joining from remote locations when necessary. The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21, which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021. In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021. It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The City of Santa Ana's current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual legislative bodies can make their own findings for the AB 361 teleconferencing resolution City Council 21 — 1 10/4/2022 Assembly Bill 361 October 4, 2022 Page 2 for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re -visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually. Most recently on September 6, 2022, the City Council adopted Resolution No. 2022-073, making the required findings under AB 361 to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361. 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. Resolution Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 21 — 2 10/4/2022 RESOLUTION 2022-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF REMOTE TELECONFERENCING PROVISIONS (AB 361) WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference, including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the City Council of the City of Santa Ana, consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, 2022-015, 2022-021, 2022-026, 2022-033, 2022-037; 2022-043; 2022-050; 2022-063; 2022-070; and 2022-073 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19-1 and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e). Resolution 2022-XXX of 3 City Council 21 — 3 10/4/ 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 correct and shall be the findings of the City of Santa Ana's City Council and each and every other legislative body of the City. SECTION 2. The City Council of the City of Santa Ana hereby authorizes the use of remote teleconferencing pursuant to AB 361. SECTION 3. The City Council and all other legislative bodies of the City of Santa Ana created by the City Council or created through its City Charter shall continue to meet virtually in accordance with Government Code section 54953(e) and without compliance with section 54953(b)(3) based upon the findings and determinations hereby made by the City Council. SECTION 4. The City Clerk shall attest to and certify to the passage and adoption of this resolution and it shall be effective immediately upon its approval. ADOPTED this day of October, 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2022-XXX Pag Clty ouncil 21 — 4 10/4/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022- to be the original Resolution adopted by the City Council of the City of Santa Ana on 12022. Date: Clerk of the Council City of Santa Ana Resolution 2022-XXX of 3 City Council 21 — 5 10/4/ Planning and Building santa-ana.org/departments/planning-and-building Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Ordinance Second Reading - Commercial Cannabis Amendments AGENDA TITLE: Ordinance Amendment No. 2022-01 — Commercial Cannabis Amendments Second Reading RECOMMENDED ACTIONS 1. Place on second reading and adopt Ordinance Amendment No. 2022-01 to Update Chapters 18, 21, and 40 of the Santa Ana Municipal Code Addressing Medicinal Cannabis Retail, Consumption Lounges and Temporary Events, Retail Facility Relocation, Commercial Cannabis Eligible Areas, Commercial Cannabis Tax Rate Reductions for Commercial Cannabis Retail, Cultivation, Distribution, and Manufacturing, and Adopt Language Addressing Proposed Tax Treatment of Microbusinesses and Shared Manufacturing, and Make Other Administrative Amendments of a Complimentary Nature. 2. Adopt a resolution modifying various commercial cannabis retail and non -retail tax rates. 3. Adopt a resolution modifying the medicinal cannabis retail tax rate. 4. Adopt a resolution establishing a map of commercial cannabis eligible areas in the City, the number of annual temporary consumption events, and the community benefit, sustainable business practices, and social equity plan template. DISCUSSION On September 20, 2022, the City Council considered an ordinance and accompanying resolutions to update Chapters 18, 21, and 40 of the Santa Ana Municipal Code addressing medicinal cannabis retail; the number of retail storefronts; termination of the Measure BB Waitlist; consumption lounges and temporary events; retail facility relocation; commercial cannabis eligible areas; commercial cannabis tax rate reductions for cultivation, distribution, and manufacturing; and adopt language addressing proposed tax treatment of microbusinesses and shared manufacturing; and other administrative amendments of a complimentary nature. The City Council provided direction to follow staff's recommendation, but with the following modifications: 1. Remove language allowing five (5) additional commercial cannabis retail businesses; City Council 22 — 1 10/4/2022 Ordinance Second Reading - Commercial Cannabis Amendments October 4, 2022 Page 2 2. Remove language allowing termination of the Measure BB Waitlist; 3. Reduce all medicinal and commercial cannabis retail taxes by one percent (1 %) and update the City Council on fiscal impacts within one year of the effective date; 4. Incorporate language codifying certain social equity measures in order to qualify for an additional two -percent (2%) reduction in adult -use commercial cannabis retail taxes; 5. Incorporate language codifying priority processing of commercial cannabis consumption lounge applications for social equity retailers; 6. Require locally -sourced cannabis products and foods to be sold at temporary consumption festivals. 7. Incorporate administrative clarifications specific to commercial cannabis eligible areas and other minor provisions. The ordinance and accompanying resolutions were subsequently updated to reflect these topics, and the ordinance is included as Exhibit 1 (redlines reflecting changes at first reading) and Exhibit 2 (clean). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), these actions are exempt from further CEQA analysis pursuant to CEQA Guidelines Section 15061(b)(3), as the proposed amendments address business activities already permitted in the City and will not result in any significant physical effect on the environment. Because Santa Ana is a built -out, urbanized community, and the uses permitted and regulated by the cannabis ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code, the updates to the ordinance will not lead to any cumulative or unforeseen impacts. A Notice of Exemption, Environmental Review (ER) No. 2022-15, was filed on September 23, 2022 for these actions. FISCAL IMPACT The September 20, 2022 staff report included an estimated loss of revenue, ranging from $685,000 to $1,100,000 for Fiscal Year (FY) 22-23, resulting from the proposed across the board non -retail commercial cannabis supply-side tax rate decrease of five percent (5%), and assuming an effective date of January 1, 2023. The midpoint of that estimated range is $892,500. The estimate for a full year of impact in FY23-24 ranged from $1,360,000 to $1,600,000, with a midpoint of $1,480,000. On September 20, the City Council amended the proposed Ordinance to decrease the retail tax rate across the board (medicinal and nonmedicinal) by one percent (1 %). Actual FY21-22 revenue for both medicinal retail and adult -use retail, along with the impact of a one -percent (1 %) decrease is as follows: City Council 22 — 2 10/4/2022 Ordinance Second Reading - Commercial Cannabis Amendments October 4, 2022 Page 3 Retail Actual Impact of 1 % tax rate Impact of 1 % tax rate Type Revenue decrease decrease FY21-22 FY22-23 6 months FY23-24 12 months Medicinal $843,780 $70,315 $140,630 Adult- $20,438,677 $1,277,417 $2,554,835 Use Total $1,347,732 $2,695,465 The City Council also amended the proposed Ordinance to offer a further two -percent (2%) tax rate decrease for Qualified Social Equity Commercial Cannabis Retail Business Operators as defined and regulated by Santa Ana Municipal Code Section 40-16. If assumed that half of the adult -use cannabis retail businesses in the City will comply with the social equity practices, then the potential impact of the two -percent (2%) decrease follows: Retail Actual Impact of 2% tax rate Impact of 2% tax rate Type Revenue decrease decrease FY21-22 50% participation 50% participation FY22-23 6 months FY23-24 12 months Adult- $20,438,677 $1,277,417 $2,554,835 Use If all of adult -use cannabis retail businesses attain Qualified Social Equity Commercial Adult Use Cannabis Retailer Operator status and comply with social equity practices, then the potential impact of the decrease grows. Retail Actual Impact of 2% tax rate Impact of 2% tax rate Type Revenue decrease decrease FY21-22 100% participation 100% participation FY22-23 (6 months) FY23-24 (12 months) Adult- $20,438,677 $2,554,835 $5,109,670 Use These estimates do not factor -in potential tax base increases due to lounges and event activity, for which the City has no data. In addition, regulatory process requirements may result in the passing of time before lounges are open for business. A summary of the combined estimated fiscal impact is as follows. City Council 22 — 3 10/4/2022 Ordinance Second Reading - Commercial Cannabis Amendments October 4, 2022 Page 4 Modification FY22-23 (6 months) FY23-24 (12 months) Supply Side Reduction of $892,500 $1,480,000 5% Retail Rate Reduction of $1,347,732 $2,695,465 1% Qualified Social Equity Range of Range of Commercial Cannabis $1,277,417 to $2,554,835 $2,554,835 to $5,109,670 Retail Business Operators (Social Equity Practices) Adult -Use Rate Reduction of 2% Range of Range of Estimated Fiscal Impact $3,517,649 to $4,795,067 $6,730,300 to $9,285,135 The City deposits commercial cannabis tax revenue into the General Fund. In compliance with Ordinance No. NS-2959, the City then transfers two-thirds of the tax revenue attributable to supply-side and adult -use retail, but not medicinal retail, to the Cannabis Public Benefit Fund to pay for youth and enforcement programs. The estimated June 30, 2023 General Fund balance available to spend is $6 million after meeting the 18-percent reserve requirement. The estimated June 30, 2023 Cannabis Public Benefit Fund balance available to spend is also $6 million. Therefore, at this time, the potential loss of revenue does not necessitate FY22-23 spending plan adjustments. As part of the FY23-24 budget process, staff will reassess revenue estimates and available fund balance and provide recommendations accordingly, which may warrant decreased spending plans for both youth and enforcement programs within the Cannabis Public Benefit Fund. EXHIBIT(S) 1. Ordinance (reflecting changes at first reading) 2. Ordinance (clean) 3. Resolution (commercial cannabis tax rates) 4. Resolution (medicinal cannabis tax rate) 5. Resolution (map of commercial cannabis eligible areas, number of annual temporary consumption events, and community benefit, sustainable business practices, and social equity plan template) 6. Recommended commercial cannabis tax rate adjustments table Submitted By: Minh Thai, Executive Director of Planning and Building Agency and Kathryn Downs, Executive Director of Finance and Management Services Agency Approved By: Kristine Ridge, City Manager City Council 22 — 4 10/4/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA READOPTING AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA RETAIL AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS BUSINESSES TO MODIFY ZONING REQUIREMENTS; ALLOW AND REGULATE RETAIL FACILITY RELOCATION, CANNABIS CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS; AND AMEND BACKGROUND CHECK AND BADGE REQUIREMENTS; AND AMENDING CERTAIN SECTIONS OF ARTICLES XII AND XIII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE TAX TREATMENT OF COMMERCIAL CANNABIS MICROBUSINESSES AND SHARED MANUFACTURING BUSINESSES TO REDUCE THE TAX RATES FOR MEDICINAL CANNABIS RETAIL, COMMERCIAL CANNABIS RETAIL, CULTIVATION, DISTRIBUTION, AND MANUFACTURING / SHARED MANUFACTURING AND TO ADOPT SEPARATE TAX RATE CATEGORIES AND TAX RATES FOR COMMERCIAL CANNABIS ADULT -USE CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS, AND FOR QUALIFIED SOCIAL EQUITY OPERATORS 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 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act, further amended in 2016 as the Medical Cannabis Regulation and Safety Act, which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. Ordinance No. NS-XXX Page 1 of 68 City Council 22 — 5 10/4/2022 C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code (Ordinance No. NS-2929), allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. On September 3, 2019, the City Council adopted Ordinances NS-2972 and NS-2973 amending certain sections of chapters 18, 21, and 40 of the Santa Ana Municipal Code allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to the greater amount of one (1 %) percent of gross receipts or one and one-half ($1.50) dollars per square foot; and adopting a canopy measurement and square footage allocation service fee. J. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. K. It is the desire of the City Council to combine and unify the regulations for medicinal cannabis retail and all other types of commercial cannabis business activities, currently contained in Chapters 18 and 40 of the Santa Ana Municipal Code, respectively, for clarity and cohesion. Ordinance No. NS-XXX Page 2 of 68 City Council 22 — 6 10/4/2022 L. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, and those entities that were scored as part of the merit -based selection process in Section 40-9. M. Commercial cannabis businesses form an integral part of the Santa Ana economy, contributing revenues and community benefits through business engagement with the Santa Ana community. N. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. O. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold, cultivated, manufactured, tested, consumed, or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. P. The City Council has held a duly noticed public hearing on September 20, 2022 in connection with consideration and adoption of this ordinance, during which comments were provided by the City Council and members of the public on additional retail storefronts, reduction of retail tax rates, community benefits and social equity, the map of commercial cannabis eligible areas, and priority processing for commercial cannabis consumption lounges that opt in to social equity measures. Q. The resulting changes to this Ordinance were presented to the City Council for second reading on October 4, 2022. Section 2. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article XI, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SIB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94; hereafter "MAUCRSA"). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Santa Ana is a built -out, urbanized community, and Ordinance No. NS-XXX Page 3 of 68 City Council 22 — 7 10/4/2022 the uses permitted and regulated by this Ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code. The uses permitted and regulated by this ordinance will not lead to any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5. The title of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Chapter 40 - REGULATION OF COMMERCIAL CANNABIS BUSINESS ACTIVITIES Section 6. Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 40-1. Purpose, intent, and community benefits required. A. The purpose and intent of this article is to regulate commercial cannabis business activities, as defined in this article, in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for commercial cannabis business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit ("RSP"). Any commercial cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law and this article. All commercial cannabis facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the applicable zone for the parcel of real property upon which the commercial cannabis activities are conducted. Any commercial cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in a zone in compliance with Santa Ana Municipal Code before commencing with any commercial cannabis business activity. Any commercial cannabis business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult -use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of cannabis as authorized under State Law. Ordinance No. NS-XXX Page 4 of 68 City Council 22 — 8 10/4/2022 B. Any person operating a medicinal marijuana collective/cooperative (as defined in Article II of this Chapter) as of December 14, 2017, or who has a RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of Article II, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis. C. Community Benefits, Sustainable Business Practices, and Social Equity Plan Required. 1. Effective January 1, 2024, all commercial cannabis businesses operating in the City shall be required to provide community benefits through a Community Benefits, Sustainable Business Practices, and Social Equity Plan ("Plan") that promotes health and sustainability of the community in a format acceptable by the Executive Director of the Planning and Building Agency or his or her designee as reviewed and verified from time to time as a component of issuance of a regulatory safety permit (RSP). By January 1, 2025, all such Plans shall contain provisions for social equity obligations, as per the approved format established by the City. 2. The Plan shall document each of the business's commitment to local hiring, local sourcing, community engagement and contributions, sustainable business practices, and consideration of social equity goals through paying prevailing wages, hiring from disadvantaged communities, supporting local non-profit organizations (NPOs), and job and skills training. The Plan shall quantify the value of each commitment therein. 3. Documentation of fulfillment of the aforementioned Plan shall be submitted to the Code Enforcement Division on an annual basis, including as part of a renewal application for an RSP during the annual renewal process. Said documentation shall detail said business's satisfaction of its commitments and shall be evaluated for satisfaction by the Executive Director of the Planning and Building Agency or his or her designee. Failure to provide the requested documentation shall result in a suspension or revocation of an RSP, delay or denial of an RSP renewal application, as applicable. 4. The Planning and Building Agency may enforce these provisions pursuant to Section 40-12 of this Chapter, including issuance of warnings, citations, and fines as authorized by the Santa Ana Municipal Code, and suspension and revocation, to enforce the commitments in each Plan. 5. Commercial cannabis retailers exempt. The Community Benefits, Sustainable Business Practices, and Social Equity Plan requirements of Section 40-1(C) shall not apply to those commercial cannabis retailers in compliance with Section 40-16 of this Chapter. Sec. 40-2. Definitions. Ordinance No. NS-XXX Page 5 of 68 City Council 22 — 9 10/4/2022 The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. 1. "Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a commercial cannabis business. "Adult -Use" means cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person twenty-one (21) years of age or older. 3. "Adult -Use Cannabis Retailer Operating Agreement" or "Operating Agreement" means the agreement entered into by and between the City and the commercial cannabis business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. 4. "Adult -Use cannabis retail business" means an Adult -Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult -Use cannabis, or an Adult -Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 5. "Authorized City of Santa Ana representative" means any police officer, city employee, contractor or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. 6. "Business owner" means any of the following: a) A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b) The chief executive officer of a nonprofit or other entity. c) A member of the board of directors of a nonprofit. d) An individual who will be participating in the direction, control, or management of the person applying for a license. 7. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber Ordinance No. NS-XXX Page 6 of 68 City Council 22 — 10 10/4/2022 produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 8. "City" means the City of Santa Ana, a charter city and municipal corporation. 9. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for this Chapter. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter and are allowed in the Commercial Cannabis Eligible Areas Map as adopted and modified from time to time by resolution of the City Council. 10. "Commercial cannabis business" means a business that obtains a Regulatory Safety Permit and engages in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of adult -use cannabis, medicinal cannabis or an adult -use cannabis or medicinal cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time. 11. "Cultivation" means to plant, grow, harvest, dry, cure, grade or trim cannabis, as defined by California Business and Professional Code Section 26001, as amended from time to time. 12. "Customer" means a natural person twenty-one (21) years of age or over. 13. "Delivery" means the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorized by the State of California, or any of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/or licensed by the retail cannabis business, or independently licensed by the State of California under the State law (as amended from time to time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. 14. "Delivery employee" means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a customer at a physical address. Ordinance No. NS-XXX Page 7 of 68 City Council 22 —11 10/4/2022 15. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 16. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between Licensees. 17. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 18. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 19. "Labor Peace Agreement" means a legally binding agreement between an employer and a bona fide labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize, as described more fully in Business and Professions Code 26001(z), as amended from time to time. For the purposes of this Chapter, a "Bona Fide Labor Organization" means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of working with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association. 20. "License/Licensee" means a license issued by the State and includes both an A - license (Adult -Use) and an M-license (Medicinal), and the holder of such license. 21. "Manufacturer" means a Licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. 22. "Manufacturing" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, propagating, holding, or storing of components and ingredients. 22.5. "Shared Manufacturing" means manufacturers who work in a shared -use facility. Shared -use facilities are places where multiple shared manufacturers engaging in cannabis extraction using butter or cooking oils, infusion, and/or packaging and labeling rotate on a schedule and share space and equipment. Ordinance No. NS-XXX Page 8 of 68 City Council 22 — 12 10/4/2022 All or part of manufacturing premises may be registered as a shared -use facility. 23 "Medicinal cannabis patient" is a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 24. "Microbusiness" means a commercial cannabis business that cultivates cannabis on an area less than ten thousand (10,000) square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer. 25. "Nursery" means a commercial cannabis Licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. 26. "Medicinal/medical cannabis" or "Medicinal cannabis product," means cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medicinal cannabis retail is regulated by this Chapter 4$ and Chapter 21 of the Santa Ana Municipal Code. 27. "Outdoor cultivation" means the cultivation of cannabis outside a permanent enclosed building. Outdoor cultivation is prohibited within the City of Santa Ana. 28. "Ownership interest" means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of twenty (20) percent or more. 29. "Package" and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. "Package" and "packaging" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 30. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. 31. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 32. "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code, as amended from time to time. Ordinance No. NS-XXX Page 9 of 68 City Council 22 — 13 10/4/2022 33. "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5) and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 34. "Private security officer" has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. 35. "Purchase" means obtaining cannabis goods in exchange for consideration. 36. "Purchaser" means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 37. "Qualified patient" has the same meaning as such term is defined in California Health and Safety Code section 11362.5, as amended from time to time, and means a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 38. "Responsible person" means any of the following: a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue by way of his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where property -related Code violation occurs. e) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. 39. "Retail business" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 39.1. For the purposes of this Chapter, "Consumption lounge" means a facility for the onsite retail sale and consumption or smoking of cannabis or cannabis products that is a licensed premises that is a physical location from which commercial cannabis activities are conducted, as defined by Business and Professions Code Section 26070 as amended from time to time. For the purposes Ordinance No. NS-XXX Page 10 of 68 City Council 22 — 14 10/4/2022 of this definition, "consumption" and "smoking" shall also include inhalation, vaping, and/or ingestion. 39.2. For the purposes of this Chapter, "Temporary Consumption Event" shall mean an event organized by a commercial cannabis retail business where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. 39.3. For the purposes of this Chapter, "Temporary Consumption Festival" shall mean a large-scale event organized and held by the City of Santa Ana where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. 39.4. For the purposes of this Chapter, "Commercial Cannabis Adult -Use Retail Business" shall mean a retail business operation which engages in the sale of commercial adult -use cannabis pursuant to a State issued A -license, and that does not engage in the sale of medicinal cannabis. 39.5 For the purposes of this Chapter, "Commercial Cannabis Medicinal Retail Business" shall mean a retail business operation which engages in the sale of medicinal cannabis pursuant to a State issued M-license (Medicinal), and that does not enaaae in the sale of commercial adult -use cannabis. 40. "Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to a commercial cannabis business. 41. "Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one (1) person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a Licensee to the Licensee from whom such cannabis goods were purchased. 42. "State" means the State of California. 43. "Testing Facility" or "Testing Laboratory" defined in the Business and Professions Code section 26001, as amended from time to time, means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and, b) Licensed by the Bureau of Cannabis Control. 44. "Wholesale" means the sale of cannabis goods to a distributor for resale to one (1) or more retail cannabis businesses. Ordinance No. NS-XXX Page 11 of 68 City Council 22 — 15 10/4/2022 Sec. 40-3. Compliance with state and local licensing requirements. A. Any commercial cannabis business as defined by the State of California and the City of Santa Ana shall operate in conformance with all regulations and standards set forth in this article to assure that the operations of any commercial cannabis business as defined by the State of California and allowed by the City of Santa Ana are in compliance with local and State law and are established to mitigate any adverse secondary effects from its operations. B. Commercial cannabis businesses shall be required to obtain a Regulatory Safety Permit (RSP) from the City of Santa Ana and a State license, and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. C. Co -location of commercial cannabis businesses proposed on any one (1) site shall occur only if authorized by the State and the City of Santa Ana and only if allowed pursuant to the City's Zoning Code. Any commercial cannabis activity not specifically permitted by this article is prohibited. Sec. 40-4. Maximum number of regulatory safety permits for commercial cannabis retail businesses. A. In no case shall the maximum number of regulatory safety permits for commercial cannabis retail businesses be less than thirty (30). B. All commercial cannabis retail businesses may sell medicinal and adult -use cannabis. Sec. 40-5. Zoning compliance and regulatory safety permit requirements. Commercial cannabis activities are expressly prohibited in all zones in the City of Santa Ana; however, specific commercial cannabis businesses are permitted in the Light Industrial (M1), Heavy Industrial (M2), and select Specific Development and Professional zoning districts of an industrial nature in areas as specified on the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. The allowed current permit types are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial cannabis business may operate in the City of Santa Ana without a Regulatory Safety Permit. This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted — "P," or not permitted —' X." Any commercial cannabis business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section, then the use is expressly not permitted. Ordinance No. NS-XXX Page 12 of 68 City Council 22 — 16 10/4/2022 City of Santa Ana Municipal Code Table 40-5 Commercial Indication on the Regulatory Cannabis Land Use Commercial Safety Business Cannabis Eligible Classification Permit Activities Use Areas Map Required Type Cultivator/Nursery Indoor only P Yes Cultivator/Nursery Outdoor or mixed- X NA light Indoor— Type 5A (Cultivation; Indoor; Large), as Cultivator/Nursery defined and P Yes amended by the State, permitted beginning January 1, 2023) T Manufacturing (including "shared Manufacturing P Yes manufacturing") Retail Medicinal Retail 1 P Yes Retail Adult -Use Retail P Yes Adult -Use and/or Testing Laboratory Medicinal P Yes Industrial Distribution Freight/Transport P Yes Microbusiness P —only as part of a vertically- integrated/co- Cultivation/Retail/ located business Manufacturing/ in full Yes Distribution conformance with the requirements of this Chapter. Ordinance No. NS-XXX Page 13 of 68 City Council 22 — 17 10/4/2022 Consumption Lounge Consumption Lounge, as an ancillary component to Retail P Yes Sec. 40-6. Location and Separation requirements for all commercial cannabis retail businesses. A. Commercial cannabis businesses may only operate within an area in accordance with the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. B. No commercial cannabis retail business shall be located within five hundred (500) feet of another retail cannabis business, as measured from primary entrance of the business to primary entrance of the other business. C. No commercial cannabis business shall be located within one thousand (1,000) feet of any: 1. School (K-12) as defined by Section 11362.768 of the Health and Safety Code, as indicated by the Commercial Cannabis Eliaible Areas Maa: or 2. Park, as indicated by the Commercial Cannabis Eliaible Areas Map: or 3. Residential zoning district, as indicated by the Commercial Cannabis Eligible Areas Map. Sec. 40-7. Relocation of commercial cannabis retail businesses (medicinal and/or adult -use). (a) Relocation of an existing medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business as defined in this Chapter is permitted within the City of Santa Ana subject to the following: (1) The medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must hold a valid RSP, business license, and the appropriate State commercial cannabis license, and be operating with all required permits and licenses. For the purposes of this sub -section, "operating" means a medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business currently holding a valid RSP and Santa Ana business license. (2) The existing RSP holder and existing location must be in good standing, including but not limited to full compliance with all requirements of the Santa Ana Municipal Code, no active code enforcement and/or building safety violations, no violations Ordinance No. NS-XXX Page 14 of 68 City Council 22 — 18 10/4/2022 of regulations imposed by the State of California and County of Orange, and have no outstanding business license fees and taxes, except those subject to and performing under a Finance and Management Services Agency approved payment plan agreement. (3) An application to relocate to a proposed new location may be filed after October 1, 2023. (4) The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business is in full compliance with the zoning and separation requirements for commercial cannabis retail businesses as outlined in Sections 40-5 and 40-6 of the Santa Ana Municipal Code. (5) The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must comply with separation requirements of this Chapter except that the proposed new location must also satisfy said separation requirements from any location identified on the Qualified Registration Applicant List ("Waitlist"), as defined in Section 40-104 of this chapter and from any entity selected during the City's evaluative process in 2018. (b) Any operating medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business wishing to relocate shall be required to concurrently: (1) File an application for an RSP by and (2) Submit all required construction plans for plan check by the City, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and operate within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. (c) Upon issuance of the RSP for the new location, the previous location's RSP and certificate of occupancy immediately becomes null and void and the location must cease to operate. (d) Within 60 days of issuance of the RSP for the new location, the applicant must provide the City documentation demonstrating that any State -issued commercial cannabis retailer license associated with the previous location has been cancelled, rescinded, or updated to reflect the new location. Sec. 40-8. General provisions for commercial cannabis activities in the City of Santa Ana. 1. Regulatory Safety Permit Required. a. Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity or activities defined by the State pertaining to that Ordinance No. NS-XXX Page 15 of 68 City Council 22 — 19 10/4/2022 activity. The only allowed current activity types pursuant to this article are for commercial cannabis retail sales and cultivation, distribution, manufacturing, and testing laboratories/facilities. Co -location is permitted pursuant to Section 40-9.34. b. It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial cannabis business without a RSP. A commercial cannabis business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. c. A copy of the RSP shall be displayed at all times in a place visible to the public. d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting. All records shall be maintained by the commercial cannabis business for a period of five (5) years and shall be made available by the commercial cannabis business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the commercial cannabis business may maintain, these records shall be stored by the business at the location in a printed format in a fireproof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty-four (24) hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the California Department of Tax and Fee Administration (CDTFA). b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the CDTFA under Title 18 California Code of Regulations section 1968. c. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business activity. f. Permits, licenses, and other local authorizations to conduct the commercial cannabis business activity. g. Security records, as outlined in the Operational Standards for All Commercial Cannabis Business Activities. Ordinance No. NS-XXX Page 16 of 68 City Council 22 — 20 10/4/2022 h. Proof of building ownership or landlord letter acknowledging business type. i. Proof of insurance. 3. Operational Standards for All Commercial Cannabis Business Activities. a. The location, interior and exterior, shall be monitored at all times by web -based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The Police Department may request the recordings in connection with an investigation. b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. c. The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the police department or their designee on request. d. If applicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the City, associated with project review under CEQA. e. Commercial cannabis businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within twenty-four (24) hours of the system being available. f. No physical modification of the licensed premises is allowed without written prior permission by the City of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business businesses shall provide adequate off-street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business shall provide adequate disabled access parking per the requirements in the California Building Code. i. The commercial cannabis business shall minimize nuisances such as trash, litter, and graffiti. Ordinance No. NS-XXX Page 17 of 68 City Council 22 — 21 10/4/2022 j. Any and all signage, packaging, and facilities shall not be "attractive," as it is defined by the State, to minors. k. Commercial cannabis business facilities shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. I. The commercial cannabis business shall comply with all State regulations regarding: i. Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. m. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than two million dollars ($2,000,000.00), with primary coverage, naming the City of Santa Ana as additional insured. n. No free samples of any cannabis or cannabis product may be distributed at any time. o. Badges shall be worn by any individuals as required to do so pursuant to the California Code of Regulations, Title 4, Section 15043 and California Business and Professions Code Section 7582.28, as amended from time to time. p. All private security officers acting for or employed by a commercial cannabis business shall be licensed by the State and issued a security/patrol services business license from the City of Santa Ana. q. The commercial cannabis business shall have a centrally monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or portion of the building where the business is located shall contain a fireproof safe or fireproof filing cabinet and include a safety and security plan. Ordinance No. NS-XXX Page 18 of 68 City Council 22 — 22 10/4/2022 r. The commercial cannabis business shall ensure a licensed alarm company operator or one (1) or more of its registered alarm agents installs, maintains, monitors and responds to the alarm system. The alarm company shall obtain a City of Santa Ana business license. s. The commercial cannabis business shall provide the name and phone number of an on -site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. t. The commercial cannabis business must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. u. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. v. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. w. Any individual with an ownership interest shall complete a live scan and submit the results to the City. x. All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. y. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. 4. Additional Operational Standards for Cannabis Retail Business. a. At all times the cannabis retail business is open, it shall provide at least one (1) private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card," and has a valid business license from the City of Santa Ana as a security/private patrol service. b. The private security guard and retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot. c. Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. Ordinance No. NS-XXX Page 19 of 68 City Council 22 — 23 10/4/2022 d. There shall be no on -site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of alcohol or tobacco by patrons. Food may not be consumed on site, except as permitted by Section 40-8 (10) of this chapter. e. Hours of operation shall be limited to: 7:00 a.m. to 11:00 p.m. daily. No licensed retail business shall be open to the public between the hours of 11:01 p.m. and 6:59 a.m. of any day. f. The cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: Secondary sale, barter or distribution of adult -use cannabis is a crime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. iii. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. g. No one under the age of twenty-one (21) shall be allowed to enter a cannabis retail facility unless the licensed cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. All cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j. Cannabis retail businesses shall also record on the video surveillance system point -of -sale areas and areas where cannabis goods are displayed for sale. k. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. Ordinance No. NS-XXX Page 20 of 68 City Council 22 — 24 10/4/2022 I. Shipments of cannabis goods may only be accepted during regular business hours. m. Inventory shall be secured using a lockable storage system during non -business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. p. Educational tours of retail cannabis businesses shall be allowed. q. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after construction permit issuance by the City of Santa Ana to operate. A permitted commercial cannabis retail business that ceases to operate for more than ninety (90) calendar days shall be deemed "abandoned" and the permit shall be forfeited. A permitted commercial cannabis business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. For the purposes of this section, "operate" shall mean that the gross receipts fees charged for the business exceed the fee per square foot calculations by the end of the one hundred eighty (180) day period. A pending commercial cannabis retail business shall be required to concurrently: (1) File an application for an RSP and (2) Obtain all required construction permits for the facility from the City within six months of the effective date of this ordinance, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and open within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in Article II of this Chapter. Relocation is permitted pursuant to Section 40-7 of this Chapter. r. A licensee that is authorized to conduct medicinal and/or adult -use retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any State compassionate use, equity, or other similar program in accordance with Section 26071 to the Business and Professions Code. s. Subject to approval of an operations plan by the Executive Director of the Planning and Building Agency, the opening of cannabis packages and demonstration of cannabis products at a commercial cannabis retail business is permitted for educational purposes without establishment of a consumption lounge, subject to the following requirements: Ordinance No. NS-XXX Page 21 of 68 City Council 22 — 25 10/4/2022 The maximum amount of cannabis product which may be consumed in such a setting is one-half (1/2) of one gram. ii. There shall be a separate room dedicated for such purposes. Activities in said dedicated room shall be limited to the opening of packages, use demonstration, and consumption for consumer education purposes, by the consumer only. iii. The dedicated room shall be limited to 100 square feet maximum size, shall be included as part of the facility's ventilation and odor control methods, and shall be monitored using video surveillance systems. iv. Such activities shall be subject to an administrative permit issued by the Planning and Building Agency. As part of the permit application, the applicant shall include administrative policies ensuring the opening of packages, demonstration and education, and limited consumption are restricted to the room and for ensuring such activities do not pose a threat to the health, safety, and welfare of other consumers, employees of the business, and visitors to the surrounding area. 5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services. a. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. c. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the commercial cannabis retail business. e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. Ordinance No. NS-XXX Page 22 of 68 City Council 22 — 26 10/4/2022 g. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. i. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information: Name and address of the commercial cannabis retail business. ii. The name of the employee who delivered the order. iii. The date and time the delivery request was made. iv. The complete delivery addresses. V. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. I. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. m. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories. a. A licensed cannabis testing facility or laboratory business, its owners and employees may not hold an interest in any other cannabis business except another testing laboratory business. b. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. c. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. Ordinance No. NS-XXX Page 23 of 68 City Council 22 — 27 10/4/2022 7. Additional Operational Standards for Commercial Cannabis Manufacturing Facilities. a. A licensed commercial cannabis manufacturing facility may conduct all activities permitted by the State. This includes, but is not limited to: extractions, repackaging and relabeling, infusions and extractions. b. Any manufacturing that will be conducted by the commercial cannabis business shall be included on the application. No additional manufacturing activity can be conducted without notifying the Executive Director of the Planning and Building Agency or his or her designee, after which a determination will be made if the new activity may commence with or without modification to the RSP or if a new RSP is required. c. At all times, the commercial cannabis manufacturing facility will be compliant with all State regulations for cannabis manufacturing including Health and Safety Code § 11362.775, as amended from time to time. Signage shall be posted regarding the type(s) of chemicals being used at the manufacturing facility. d. Cannabis manufacturing facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. e. Extraction equipment and extraction process utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. f. All commercial cannabis manufacturing/processing facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis plant processing and extraction. 8. Additional Operational Standards for Indoor Commercial Cannabis Cultivation Facilities. a. There shall be no exterior evidence of cannabis cultivation from a public right-of- way. b. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers. c. Compliance with Section 13149 of Water Code as enforced by the State Water Resources Control Board is required. d. All commercial cannabis cultivation facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis carbon dioxide enrichment systems. Ordinance No. NS-XXX Page 24 of 68 City Council 22 — 28 10/4/2022 e. Cannabis cultivation facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co - located with an approved commercial cannabis retail business with a RSP. 9. Additional Operational Standards for Commercial Cannabis Distribution Facilities. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. A distributor shall ensure that all cannabis goods stored in compliance with all applicable State regulations to ensure conformance to any and all applicable Track and Trace systems required by the State. c. Employee breakrooms, eating areas, changing facilities, locker rooms and bathrooms shall be completely separated from the storage areas. 10. Additional Operational Standards for Consumption Lounges and Onsite Cannabis Consumption. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. Consumption lounges are permitted as an ancillary use to a licensed commercial cannabis medicinal or adult -use retail business. c. Consumption lounges must be on the same site as and physically contiguous to a licensed commercial cannabis retail business. d. All retail sales transactions for the purposes of onsite consumption shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. e. Two (2) parking spaces per 1,000 square feet of gross building square footage shall be provided for any building expansion constructed for a consumption lounge. f. Consumption lounges shall be designed such that a patron need not enter a consumption lounge in order to access a retail -only portion of the facility. There shall be no connection between a consumption lounge and another tenant suite. g. Medicinal or adult -use cannabis and cannabis products may be sold on the premises of a consumption lounge, subject to the following: The operator must hold a valid adult -use and/or medicinal retail business RSP. Ordinance No. NS-XXX Page 25 of 68 City Council 22 — 29 10/4/2022 ii. Products shall be sold for on -site consumption only. Products may not be sold for off -site consumption. All cannabis products purchased and opened at the facility must be smoked or consumed on site and shall not be permitted to leave the facility unless in a resealed package that meets all State guidelines. iii. All products consumed or smoked on premises shall be sold at the consumption lounge. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the consumption lounge. h. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. i. Food may be consumed in the consumption lounge; however, the sale or consumption of alcohol or tobacco products is prohibited. j. Access to the consumption lounge shall be restricted to persons twenty-one (21) years of age or older, or as allowed by State law. k. The consumption or smoking of cannabis products shall not be visible from any public place, public right-of-way, or area where minors may be present. If the consumption lounge contains an outdoor area, the outdoor area shall be oriented so as to eliminate visibility from any adjacent public place, public right- of-way, area where minors may be present, or adjacent business, tenant space, or building. Commercial cannabis consumption lounges shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. The facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. m. Odor control response. Within twenty-four (24) hours of any complaint concerning odors emanating from or originating at the facility, the operator shall respond to the complaint in question and shall timely file a written disclosure to the Planning and Building Agency documenting any and all actions taken and planned to address the odor complaint(s). The City, upon determination of the continued existing of detectable odor from the facility, may require an operator to submit an implementation plan and/or a performance schedule, above and beyond this written disclosure filed within twenty-four (24) hours, to ensure the employment of measures to control the odor. Ordinance No. NS-XXX Page 26 of 68 City Council 22 — 30 10/4/2022 ii. The Executive Director of the Planning and Building Agency shall have the authority to require an operator of a consumption lounge to amend any implementation plan and/or performance schedule submitted pursuant to this sub -section to cause compliance herewith. iii. Any failure to timely submit a written disclosure, a more detailed implementation plan and/or performance schedule or amendment thereto, to timely adhere to terms of either, or to complete any required improvements within the timeframe specified by the Executive Director of the Planning and Building Agency shall be grounds for revocation of the RSP. iv. Odors from a consumption lounge are identified as a public nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounge in violation of this sub -section. n. All consumption lounges shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. 11. Additional Operational Standards for Temporary Consumption Events and Temporary Consumption Festivals. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the event. b. All retail sales transactions for the purposes of onsite consumption during a temporary consumption event shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. c. Temporary Consumption Festivals. Temporary consumption festivals may be held on public or private property as approved by the City. Temporary consumption festivals may only be organized and held by the City of Santa Ana. iii. Temporary consumption festivals are subject to all applicable standards promulgated by this Chapter for temporary consumption events. iv. All cannabis products and food available for purchase must be sourced locally from Santa Ana -based businesses. Ordinance No. NS-XXX Page 27 of 68 City Council 22 — 31 10/4/2022 d. Temporary consumption events are permitted as an ancillary use to each commercial cannabis medicinal or adult -use retail business, subject to review and approval of a Land Use Certificate (LUC), pursuant to Section 41-675 through 41-677 of the Santa Ana Municipal Code, and verification of any applicable required valid business licenses required pursuant to Chapter 21, Articles XII and XIII of this Code. The number of temporary consumption events permissible per business per calendar year is subject to establishment by resolution of the City Council. e. Live entertainment may be provided only in conjunction with an approved LUC. f. Applications for temporary consumption event LUCs must be submitted at least 45 days prior to the event date. g. Applicant(s) for a temporary consumption event must provide a copy of all final application materials submitted to the State of California pursuant to California Code of Regulations Section 15002.1 (Temporary Cannabis Event Application) as amended from time to time. h. The event shall last no longer than 48 hours and in all cases shall begin no earlier than 8:00 a.m. and end no later than 10:00 p.m. The duration of setup and dismantling activities associated with the event shall be specified on the LUC application. i. Location. Temporary consumption events must be on the same site as a commercial cannabis medicinal or adult -use retail business. j. Medicinal or adult -use cannabis and cannabis products may be sold on the premises during temporary consumption events, subject to the following: The operator must hold a valid adult -use and/or medicinal retail business RSP. ii. Products shall be sold for on -site consumption only. All unconsumed cannabis products purchased and opened at the facility must be resealed prior to leaving the facility. iii. All products consumed or smoked on premises shall be sold at the facility. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the event. k. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. I. Food may be consumed; however, the sale or consumption of alcohol or tobacco products on the premises is prohibited. Ordinance No. NS-XXX Page 28 of 68 City Council 22 — 32 10/4/2022 m. Access to the temporary consumption and/or special event shall be restricted to persons twenty-one (21) years of age or older. n. The consumption or smoking of cannabis products shall not be visible from any public right-of-way or area where minors may be present. If the temporary consumption event takes place in an outdoor area, the outdoor area shall be oriented to eliminate visibility from any adjacent public place, public right-of- way, area where minors may be present, or adjacent business, tenant space, or building, and shall be oriented to minimize odor intrusion onto adjacent tenant spaces and properties. o. All events shall be required to provide an air treatment system that ensures off - site odors shall not result from its operations. The site shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. Outdoor smoking, including vaping and the use of other electronic inhalation devices, must take place within ventilated enclosures subject to the satisfaction of the Planning and Building Agency and Orange County Fire Authority. p. Odor control response. Odors from a temporary consumption event are identified as a public nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounge in violation of this Chapter. ii. Upon receipt of any complaint concerning odors emanating from or originating at the temporary consumption event, the Planning and Building Agency may suspend or revoke the LUC. q. All temporary consumption events shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. Sec. 40-9. Commercial cannabis selection process. 1. Commercial Cannabis — Registration Application and Regulatory Safety Permit Required. a. For applicants prior to January 1, 2018: Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ("RSP") on or before December 14, 2017. The Director of Planning Ordinance No. NS-XXX Page 29 of 68 City Council 22 — 33 10/4/2022 and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this Chapter. b. The Regulatory Safety Permit ("RSP") selection process will be conducted in two (2) phases, Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be notified in writing to enter into the Phase 2 Regulatory Safety Permit Application process. In Phase 2, the City of Santa Ana has established a merit based point system for adult -use commercial cannabis retail businesses to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1 — Registration Application. a. Following the adoption of this article, the Director of Planning and Building shall prepare commercial cannabis business registration application forms and a related administrative policy. Each commercial cannabis business interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. b. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be notified in writing whether they are a "RSP Eligible Applicant" or not. Each complete and compliant applicant may then choose to file an application for a RSP in Phase 2. c. The requirements for Phase 1 include, but are not limited to: i. All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv. Phase 1 application fee is paid. V. A signed statement that the proposed location of the commercial cannabis business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. vi. Proof of site control for commercial cannabis retail businesses submitting Phase 1 applications on or after July 1, 2018. Ordinance No. NS-XXX Page 30 of 68 City Council 22 — 34 10/4/2022 d. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 — Regulatory Safety Permit Application. a. Each complete and compliant applicant may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. c. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. d. Phase 2 requirements include, but are not limited to: i. All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is paid and a comprehensive background check is completed on all owners, managers, security guards, and/or agents. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a certificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The Planning Manager or designee has issued zoning clearance documenting compliance with the following: a. The use is permitted; Ordinance No. NS-XXX Page 31 of 68 City Council 22 — 35 10/4/2022 b. All land use permits, if any, have been approved and all conditions of approval have been met or are in good standing; and, c. No zoning violations exist on the property. e. The Director of the Planning and Building Agency or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3.1 Commercial Cannabis — Registration Application and Regulatory Safety Permit for Additional Commercial Cannabis Business Activities on the Same Premises (Co - Location). a. An existing commercial cannabis business with an RSP may co -locate additional non -retail commercial cannabis business activities (cultivation, distribution, and/or manufacturing) by applying for a new RSP for the additional use(s). The new RSP must meet the all requirements of the Santa Ana Municipal Code except that background checks (live scans) shall only be required for any new owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. b. New or pending RSP applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a new RSP for any of the non -retail commercial cannabis business activities. The additional RSP must meet the all requirements of the RSP except that background checks (live scans) shall only be required for any new owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. c. New commercial cannabis business applicants — co -location. 1. New commercial cannabis retail applicants wishing to co -locate additional non - retail (cultivation, distribution, and/or manufacturing) uses shall submit separate RSPs for the proposed retail activity and another RSP for any of the non -retail (cultivation, distribution, and/or manufacturing) commercial cannabis business activities. Each RSP application will be evaluated independently and must meet any applicable requirements of the RSP as outlined in Sections 40- 8 and 40-9, including, but not limited to, merit evaluation and additional separation requirements for the retail RSP. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. Ordinance No. NS-XXX Page 32 of 68 City Council 22 — 36 10/4/2022 2. New non -retail commercial cannabis applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a single RSP for the proposed activity or activities. The RSP application must meet any applicable requirements of the RSP as outlined in Sections 40-8 and 40-9. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 4. Regulatory Safety Permit Annual Renewal. a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the Director of Planning and Building or his or her designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said permit should be renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. c. Compliance with Section 40-1(C) to provide for community benefits is required for all commercial cannabis businesses seeking renewal of the RSP. 5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The Executive Director of the Planning and Building Agency or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with all other relevant information, and determine if a RSP should be granted and/or renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. If the Executive Director of the Planning and Building Agency determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Ordinance No. NS-XXX Page 33 of 68 City Council 22 — 37 10/4/2022 Sec. 40-9.1. Non -retail commercial cannabis business (cultivation, manufacturing, distribution, and testing facility/laboratory) selection process. 1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required. a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) in the manner described in Section 40-9, except that the Director of the Planning and Building Agency or his or her designee may accept Phase 1 and Phase 2 applications for a Non -Retail Commercial Cannabis Business concurrently, and shall review such applications and issue the Regulatory Safety Permit Application without consideration of the merit based point system, insofar as the applications satisfy all other requirements of this article. b. Applications for a Non -Retail Commercial Cannabis Business shall be accepted during normal City Hall business hours and are not subject to the thirty (30) day Phase 1 or Phase 2 application periods. Sec. 40-9.2. Commercial cannabis consumption lounge permitting process. 1. After the adoption of this Ordinance, the Executive Director of the Planning and Building Agency shall prepare application forms to evaluate a proposed commercial cannabis consumption lounge. Each commercial cannabis retail business interested in operating a consumption lounge pursuant to this article may submit an RSP application together with a non-refundable processing fee in an amount established by the City Council. a. Beginning the effective date Ordinance No. NS-XXXX (January 1, 2023) and for one year thereafter (until January 1, 2024), the City shall only accept RSP applications for commercial cannabis consumption lounges from those licensed commercial cannabis retail business with a valid RSP in the City of Santa Ana that are in compliance with and having provided the attestation form signed by a Bona Fide Labor Oraanization pursuant to Section 40-16 of this Chanter. b. Beginning January 1, 2024, the City shall accept RSP applications for commercial cannabis consumption lounges from any other licensed commercial cannabis retail business with a valid RSP in the Citv of Santa Ana. 2. The Director or his or her designee shall determine whether each RSP application demonstrates compliance with this article as prescribed by Section 40-9 of this Chapter and notify the applicant of the outcome of the application as either eligible or ineligible. 3. Qualified Consumption Lounge Applicants shall be notified by the City that they may submit any/all required documentation and plan drawings to complete the City's plan check and permitting process to construct a consumption lounge. Ordinance No. NS-XXX Page 34 of 68 City Council 22 — 38 10/4/2022 4. Upon notification of eligibility, applicants shall have 180 days to complete the plan check and construction process, and be issued a certificate of occupancy, unless an extension is granted by the Executive Director of the Planning and Building Agency to resolve required building or site upgrades, modifications, repairs, or other property issue mitigations tied directly to construction of the lounge. Sec. 40-10. Audits - Commercial Cannabis Businesses. Annual audits. No later than September 30 of every year, each licensed commercial cannabis business, except commercial cannabis businesses licensed and operating solely as shared manufacturers, shall be liable to file with the City an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed commercial cannabis businesses which operate as microbusiness, or that operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XIII of this Code, or that are co -located on shared premises may file a consolidated independent audit or financial review. The form and contents of the document shall be specified by the Executive Director of Finance and Management Services, or his or her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed commercial cannabis businesses in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-11. Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any commercial cannabis business between the hours of 7:00 a.m. and 10:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, any police officer may enter and inspect the location of any commercial cannabis business and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the police department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible person, landlord, lessee, member including, but not limited to, a member engaged in the management), or any other person having any responsibility over the operation of the commercial cannabis business to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this article, including, but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. Sec. 40-12. Violation and enforcement. 1. Violation/enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the commercial cannabis business Ordinance No. NS-XXX Page 35 of 68 City Council 22 — 39 10/4/2022 Regulatory Safety Permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and State laws for any violations committed by the commercial cannabis business and persons related or associated with the business. 2. Suspension or revocation. When an authorized City of Santa Ana representative finds that any person holding a Regulatory Safety Permit under the provisions of Chapter 40 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the Regulatory Safety Permit as set forth in AFt'G18 X;„-Of this Chapter 48, s/he may revoke or suspend the permit. No such revocation shall become effective until the Regulatory Safety Permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the revocation shall become effective after the timely appeal period has passed. 3. State License Suspension/Revocation. Revocation or suspension of a Licensee's State issued commercial cannabis business permit or license by the State shall constitute a violation of this article and result in revocation of the Licensee's RSP. Sec. 40-13. Transfer of ownership. 1. Upon the transfer of any interest in a commercial cannabis business, the Regulatory Safety Permit shall be null and void. Any person, firm or entity desiring to own and operate the commercial cannabis business shall make a new Regulatory Safety Permit application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the City Council shall be payable for each such application involving transfer of any interest in an existing commercial cannabis retail business. The provisions of this section shall apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises previously used as such establishment. 2. Any such transfer of any interest in an existing commercial cannabis business or any application for an extension or expansion of the building or other place of business of Ordinance No. NS-XXX Page 36 of 68 City Council 22 — 40 10/4/2022 the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article. 3. The owner or operator of a commercial cannabis business shall be responsible for notifying the City of any intention to rename, change management, or convey the business to another person/entity. Notification to the City must be made a minimum of sixty (60) days prior to such transfer. Sec. 40-14. Limitations on the city's liability. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis business approved pursuant to this chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall: 1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business or the prosecution of the applicant or business or its members for violation of federal or State laws; 2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his or her designee; 3. Name the City as an additionally insured on all City required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and, 5. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. Sec. 40-15. Fees and taxes. All commercial cannabis businesses shall pay applicable fees and taxes, which shall include one (1) or more of the following: 1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business. These fees may be divided into two (2) fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2). 2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non- refundable fee to cover the cost of processing an application renewal annually. Ordinance No. NS-XXX Page 37 of 68 City Council 22 — 41 10/4/2022 3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code. 4. Operating Agreement Fees. 5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana. 6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc. 7. All required federal taxes. Sec. 40-16. Tax Rates for Qualified Social Equity Commercial Cannabis Retail Business Operators. Commercial cannabis retail businesses opting -in to the social equity measures described in this subsection shall, upon confirmation of their certification as a Qualified Social Equity Commercial Cannabis Business Operator by the City of Santa Ana Planning and Building Agency, be eligible for the applicable rate of Commercial Cannabis Retail Business taxes payable on the socially equitable retail activities specified in their City of Santa Ana business license(s), as set forth in Section 21-133(d) of the Santa Ana Municipal Code. These activities are to include: Socially Equitable Adult -use Cannabis Retail Business (including Delivery and Consumption Lounge) and Socially Equitable Adult -use Cannabis Retail Business Temporary Consumption and/or Special Events. Qualified Social Equity Commercial Cannabis Retail Business tax rates become effective on the first day of the first calendar month following the issuance of a confirmation of qualification notification as set out hereunder by the City of Santa Ana Executive Director of the Planning and Building Agency or his or her designee. A Commercial Cannabis Retail Business seeking certification as a Qualified Social Equity Commercial Cannabis Retail Business shall provide documentation showing that it commits to and satisfies the following social equity measures to be eligible for Socially Equitable Adult -use Cannabis Retail Business tax rates: 1. Full-time jobs. Sixty percent (60%) of its workforce is hired for full-time work (paid hourly wages for an average of at least 32 hours per week or 1,664 hours per year). 2. Wages. Employees, not including supervisors, must receive wages that exceed 115 percent of the California minimum wage at the time of hire. This wage shall increase to 120 percent within three years of the effective date of this Ordinance. 3. Delivery Drivers. Delivery drivers must be reimbursed for mileage according to the Internal Revenue Service's Standard Mileage Rates. Ordinance No. NS-XXX Page 38 of 68 City Council 22 — 42 10/4/2022 4. High Road Training Partnerships. Applicant participates in a High Road Training Partnership of the sort defined by Unemployment Insurance Code Section 14005 as amended from time to time and that is recognized by the State of California. 5. Social Equity Policy. The commercial cannabis retail business owner maintains a written social equity policy that describes: a. How the cannabis retail business owner aims to recruit, hire, and retain employees who reside in low-income census tracts in Santa Ana where at least fifty-one percent (51 %) of the current residents have a household income at or below eighty percent (80%) of the County Area Median Income; b. How the cannabis retail business owner will partner with Community Benefit Organizations or its High Road Training Program to recruit, hire, and retain employees arrested or convicted for a crime relating to the sale, possession, use or cultivation of cannabis prior to November 8, 2016 that could have been prosecuted as a misdemeanor or citation under Current California law, or currently receiving unemployment benefits. c. Any other measures or employee benefits aimed to address the disproportionate impact of the War on Drugs in certain communities affected by it. 6. Equity Opportunities. a. An "Equity Employee" is a natural person who resides in low-income census tracts in Santa Ana where at least fifty-one percent of the current residents have a household income at or below eighty percent (80%) of the County Area Median Income. b. On or before Jan 1, 2024, Applicants must demonstrate that forty percent (40%) of all employees employed in the last tax period were Equity Employees, or demonstrating that hourly, non-supervisorial employees receive employee stock ownership options or other equity. 7. Local Hiring. The commercial cannabis business owner demonstrates that: a. Beainnina January 1. 2023. the cannabis retail business owner demonstrates that twenty percent (20%) of its employees reside within the City of Santa Ana, then Beginning January 1, 2024, the cannabis retail business owner demonstrates that forty percent (40%) of its employees reside within the City of Santa Ana. The Executive Director of the Planning and Building Agency or his or her designee shall determine whether each RSP application demonstrates compliance with this article as prescribed by Section 40-16 of this Chapter, and as prescribed by subsections 1 and 2 below. The Director or his or her designee shall notify the Finance and Management Services Agency of the outcome of the application as either eligible or ineligible for the socially equitable Adult -use Cannabis Retail Business tax rates referenced by this subsection. 1. To demonstrate conformance with the social equity measures promulgated by Section 40-16 of this Chapter, commercial cannabis retail business owners must submit an attestation form signed by a Bona Fide Labor Organization, as defined by Section 40- Ordinance No. NS-XXX Page 39 of 68 City Council 22 — 43 10/4/2022 2 (19) of this Chapter, and a copy of an active Collective Bargaining Agreement with a Bona Fide Labor Organization that indicates the business is in compliance with the social equity measures of this subsection. The City may require any supplemental documentation as needed to review and verify the submitted attestation. 2. Proof of active participation in High Road Training Partnership recognized by the State of California can be demonstrated only by providing a signed letter on official letterhead from an administrator or trustee of the 501(c)(3), 501(c)(4), or 501(c)(5) entity responsible for managing the Training Partnership. The letter must confirm the High Road Training Partnership's State recognition and the business's participation, and shall describe the High Road Training Partnership, its constituent organizations, goals, and trainings offered to cannabis employees. A copy of a grant contract with the State of California that recognizes the program as a High Road Training Partnership shall be attached to the letter. The Responsible Agency shall create and maintain on file the required attestation form to be signed by a Bona Fide Labor Organization. Sec. 40-17 to 40-99. Reserved. Section 7. Article XIII of Chapter 18 of the Santa Ana Municipal Code (Medicinal Marijuana Collectives/Cooperatives) is hereby deleted in its entirety, renamed "Reserved," and re -adopted and amended as Article II of Chapter 40 of the Santa Ana Municipal Code to read as "Regulation of Commercial Cannabis Medicinal Retail Activities" as follows: ARTICLE II. — REGULATION OF COMMERCIAL CANNABIS MEDICINAL RETAIL ACTIVITIES Sec. 40-100. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana at a commercial cannabis retail business in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Businesses operating as medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code, State Law, the 2008 California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, and all other applicable local laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law. Ordinance No. NS-XXX Page 40 of 68 City Council 22 — 44 10/4/2022 Sec. 40-101. Definitions. (a) "Medical marijuana collective" or "cooperative" or "collective" means any facility otherwise known as a commercial cannabis medicinal retail or retailer, or location where medical marijuana is made available and/or distributed by or to one (1) or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code § 11362.5 et seq., as sometimes amended. This term shall include any legal form of business recognized in the State of California. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life -threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. (b) "Identification card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (c) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including, but not limited to, members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one (1) or more of the following functions shall be prima facie evidence that such person is a manager: (1) To hire, select, or separate employees or staff, including volunteers; (2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) To disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) To make, or participate in making, policy decisions relative to the operations of the business. (d) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (e) "Medical marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. Ordinance No. NS-XXX Page 41 of 68 City Council 22 — 45 10/4/2022 (f) "Primary caregiver" shall have the same definition as that contained in Health and Safety Code §§ 11362.5 and 11362.7, as sometimes amended. (g) "Qualified patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. (h) "Private Residence" shall have the same definition as that contained in Health and Safety Code §§ 11362.2(5) and 17922. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. (i) "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. Q) "Marijuana Products" shall have the same definition as that contained in Health and Safety Code § 11018.1. (k) "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code § 11018.2. (1) "Personal Cultivation" shall mean the planting, growing, harvesting, drying, curing, grading or trimming of marijuana plants for personal use within a private residence or accessory structure to a private residence. (m) "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors. (n) "Dispensary" means a premises where medical cannabis or medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Business and Professions Code § 19340, medical cannabis and medical cannabis products as part of a retail sale. Sec. 40-102. Scope of article. The operating standards established in this article apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in this Ordinance No. NS-XXX Page 42 of 68 City Council 22 — 46 10/4/2022 Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. Sec. 40-103. Operating Standards. (a) No recommendations from a doctor for medical marijuana shall be issued on -site. (b) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one (1) year old, for medical marijuana use by the patient. (c) A collective shall notify patrons of the following through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. (d) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use (e) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six (6) inches in length, and which can be used to grow another plant in a different location. Ordinance No. NS-XXX Page 43 of 68 City Council 22 — 47 10/4/2022 (f) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. Sec. 40-104 Medical Marijuana Waitlist. (a) Pursuant to Ordinance No. NS-2864, adopted December 9, 2014, the Director of Planning and Building shall prepare Cooperative/Collective registration application forms and a related administrative policy. Each collective interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. Within 60 days after the adoption of Ordinance No. NS-2864, the Director shall stop accepting applications and process all applications received. (b) The Director or his or her designee shall have determined whether each application demonstrates compliance with this article. Each application that is in compliance with this article shall be placed on the "Qualified Registration Applicant List" and the Director shall notify the applicant in writing that it is a "Qualified Registration Applicant." (c) Once all applications are processed, the Director shall have held an independent selection process ("lottery") in an open and public location and select 20 applications. The 20 applications chosen through the independent selection process (lottery) will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List." Each applicant on the RSP Eligibility List may then choose to file an application for a RSP pursuant to section 40-9. All applicants identified on the RSP Eligibility List following the February 5, 2015 independent selection process (lottery) shall be required to concurrently: (1) File an application for an RSP and (2) Submit all required construction plans for plan check by the City by March 30, 2023, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and be operational with sustained business activity within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in subsection (d). Relocation is permitted pursuant to Section 40-7 of this Chapter. (d) Qualified Registration Applicants will appear on the "Qualified Registration Applicant List" in the order that they are selected during the independent selection process (lottery). This list is the Waitlist. The Waitlist will become active if (1) an applicant on the RSP Eligibility List is disqualified from that List; (2) a location appearing on the RSP Eligibility List becomes available; or (3) a location not appearing on the RSP eligibility list becomes available. A Qualified Registration Applicant's ability to move from the Waitlist to the RSP Eligibility List is determined by the applicant's proposed medical marijuana collective location and the applicant's position on the Waitlist. Ordinance No. NS-XXX Page 44 of 68 City Council 22 — 48 10/4/2022 (e) A Qualified Registration Applicant that moves from the Waitlist to the RSP Eligibility List must submit a completed RSP application within three (3) months following issuance of a written notice advising the applicant of that opportunity. Failure to submit a completed RSP application by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist. (f) The Director shall maintain the Waitlist and update it on an annual basis unless terminated pursuant to subsection 40-104 (g) through 0). A Qualified Registration Applicants on that Waitlist must submit a written request each year to maintain its status on the waitlist. (g) Relocation of an existing and licensed medical marijuana collective or medical marijuana cooperative as defined in Article II of this Chapter that is operating in full compliance with the provisions of this Article is permitted subject to Section 40-7 of this Chapter. Sec. 40-105. Maintenance of records. A medical marijuana collective shall maintain records at the location accurately and truthfully documenting: (a) The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; (b) The full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective; (c) The full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government -issued identification card for all patient members; (d) The full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical; (e) All receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; and (f) Proof of compliance with the California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five (5) years and shall be made available by the collective to the police department and/or community preservation division upon request. If they are not produced as requested the city may seek a search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fireproof safe. Any loss, damage or destruction of the records shall Ordinance No. NS-XXX Page 45 of 68 City Council 22 — 49 10/4/2022 be reported to the police department within twenty-four (24) hours of the loss, destruction or damage. Sec. 40-106. Audits — Cooperatives/Collectives. Annual audits. No later than September 30 of every year, each licensed medical marijuana collective shall be liable to file with the city an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed collectives which operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XII of this Code, or that are co -located on shared premises may file a consolidated audit or independent financial review. The form and contents of the document shall be specified by the executive director of finance and management services, or his/her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed collectives in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-107. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. Sec. 40-108. Compliance with this article and state law. (a) It is unlawful for any person to: Cause, permit or engage in the giving away of marijuana, or ii. Own, establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent, responsible person or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. iii. The prohibition in subsection (ii) above includes, renting, leasing, or otherwise permitting a medical marijuana business to occupy or use a location, vehicle, or other mode of transportation. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code § 11362.5 et seq., and pursuant to any and all other applicable local and state laws. Ordinance No. NS-XXX Page 46 of 68 City Council 22 — 50 10/4/2022 (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana. (e) Cultivation of Marijuana. (1) Personal Cultivation. Individuals twenty-one (21) years of age or older may plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal (non-commercial) use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; ii. No more than six (6) living marijuana plants is permitted for indoor personal cultivation; iii. Marijuana in excess of twenty-eight and one-half (28.5) grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the grounds of the private residence not visible from the public right -of way. iv. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or V. The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or cannabis is prohibited anywhere in the City except as allowed and regulated in Article I of this Chapter. (3) Outdoor Cultivation. Outdoor commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor commercial cultivation of marijuana in the City. (4) Public Nuisance Prohibited. Ordinance No. NS-XXX Page 47 of 68 City Council 22 — 51 10/4/2022 (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. (f) A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. (g) Non -Retail Commercial Cannabis Businesses for Medicinal and Adult -Use Cannabis as defined in Article I of Chapter 40 of the Santa Ana Municipal Code (SAMC) are permitted subject to the regulations and standards contained within Chapter 40 of the SAMC. Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-127. - Marijuana collectives/cooperatives—Annual business license tax assessment. (a) Annual business license tax assessment for marijuana collectives/cooperatives. (1) Every collective/cooperative whether it is organized or conducted as a "not for profit" business, a "non-profit" business, or a "for -profit" business, shall Ordinance No. NS-XXX Page 48 of 68 City Council 22 — 52 10/4/2022 pay an annual business license tax in accordance with Chapter 21 and the sections and subsections hereunder. (2) For the purposes of this article, a marijuana collective/cooperative is defined in section 40-101(b) and is considered to be a business as that term is defined in section 21-3. (3) For the purposes of this article, a collective/cooperative is not considered to be a religious or charitable organization. (4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall mean any activity regulated or permitted by chapter 40. (5) For the purposes of this article, a marijuana collective/cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49. (6) For the purposes of this article, a "nonprofit organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub -Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a collective/cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a collective/cooperative. The term "gross receipts" shall also include the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act Ordinance No. NS-XXX Page 49 of 68 City Council 22 — 53 10/4/2022 or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for marijuana collectives/cooperatives. (1) Every collective/cooperative, excepting a qualified "nonprofit organization," whether it is organized or conducted as a "not for profit" business, a "non- profit" business, or a "for -profit" business, shall pay a separate business license tax at a rate of up to ten (10) percent of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax shall not be adjusted for inflation pursuant to section 21-121. Ordinance No. NS-XXX Page 50 of 68 City Council 22 — 54 10/4/2022 (2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts imposed under subsection (b)(1), the city council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all marijuana collectives/cooperatives, as defined in such ordinance, subject to the maximum rate of ten (10) percent of gross receipts. The city council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five (5) percent pursuant to subsection (b)(1), shall be increased to a rate of six (6) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (4) Effective January 1, 2023, the gross receipts tax is set at a rate of six (6) percent pursuant to subsection (b)(3), shall be decreased to a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. As part of the gross receipts tax imposed by this article, each collective/cooperative shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each separate branch location or separate property location of the business. (c) Modification, repeal or amendment. The city council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The city council may likewise by ordinance adopt and add additional provisions to any other article of this chapter and relate them to this article, or amend any existing provisions of any article of this chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the city council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration —Rules, regulations, and guidelines; interpretation/clarification. In order to aid in the city's collection of taxes due under this article and to ensure that all marijuana collectives/cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this chapter with the provisions of this article in any manner not inconsistent with the Ordinance No. NS-XXX Page 51 of 68 City Council 22 — 55 10/4/2022 intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions —Exemptions. (1) The provisions of this article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of marijuana collective/cooperative business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five (5) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting collective/cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this chapter. (f) Reporting and remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a collective/cooperative. The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new collective/cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter and failure Ordinance No. NS-XXX Page 52 of 68 City Council 22 — 56 10/4/2022 to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any collective/cooperative unless the person has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any collective/cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such collective/cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any collective/cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this chapter. The carrying on of any collective/cooperative without complying with all the provisions of this article shall constitute a separate violation of this chapter for each and every day that such collective/cooperative is so carried on. Q) Classification of business license assessment type —Term and renewal. The business license issued to marijuana collectives/cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) and shall be subject to renewal in accordance with sections 21- 72(c), 21-73(c), and 21-77. (k) Operative date. Upon the approval by the majority of the voters of the city at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all marijuana col lectives/cooperatives. (1) Operative date of increased or decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5) percent pursuant to subsection (b)(1) [(Ordinance No. NS-2864, Section 5, adopted 12-9-14)] and increased to a rate of six (6) percent Ordinance No. NS-XXX Page 53 of 68 City Council 22 — 57 10/4/2022 effective January 1, 2018, pursuant to subsection (b)(3) [(Ordinance No. NS-2930, Section 8, adopted 11-21-17)], shall be decreased to a rate of five (5) percent effective January 1, 2023, pursuant to subsection (b)(4) f(Ordinance No. NS-XXXX, Section 8, adopted XX-XX-XX)1. (m) Notwithstanding the tax rates imposed herein under subsection (1), the City Council may, in its discretion, at any time by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rate established by subsections (b)(2). Section 9. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as mew',, �;Ginal commercial cannabis medicinal retail businesses) which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 40-101(b) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: (1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - twelfth (1/12th) of the annual tax rate amount. (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities have been established by city ordinance [(Ordinance No. NS-2962, Ordinance No. NS-XXX Page 54 of 68 City Council 22 — 58 10/4/2022 Section 2 (Exhibit A-1), adopted 11-6-18; and Ordinance No. NS-2972, Section 7, adopted 9-3-19)] and by the following resolutions as referenced herein below in subsections (s), (t), and (u). Gross Square Gross Receipts Commercial Cannabis Business Activity Footage Tax Tax Rate Rate Adult -use Cannabis Retail Business (including Delivery) (effective beginning December 21, 2018 through 8% $ 25.00 December 31, 20221 Adult -use Cannabis Retail Business (including Delivery, 7% $25.00 but not including Consumption Lounge and Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (including Delivery 7% $25.00 and Consumption Lounge) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (Temporary 7% 0.00 Consumption and/or Special Events) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business 5% 25.00 (including Delivery and Consumption Lounge) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business 5% 0.00 (Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Cultivation (effective December 21, 2018 through December 31, 6% $10.00 2022 Cultivation 1 % 7.00 (effective beginning January 1, 2023) Distribution (effective December 21, 2018 through December 31, 6% 4.00 2022 Distribution 1% 3.00 (effective beginning January 1, 2023) Ordinance No. NS-XXX Page 55 of 68 City Council 22 — 59 10/4/2022 Manufacturing (effective December 21, 2018 through December 31, 6% $10.00 2022 Manufacturing 1% 3.00 (effective beginning January 1, 2023) Shared Manufacturing 1% 0.00 (effective beginning January 1, 2023) Adult -use Retail Microbusinesses Adult -use Retail 25.00 (Tax rates apply proportionally to microbusiness activities 8% Cultivation, Cultivation & corresponding to Adult -use Retail [Adult -use Retail Manufacturing (including Delivery)l / Cultivation / Manufacturing / Distribution & 10.00 Distribution) Manufacturing (effective October 4, 2019 through December 31, 20221 Distribution 4.00 6% Microbusinesses Adult -use Retail (Tax rates apply proportionally to microbusiness' activities Adult -use Retail % Cultivation, Distribution & Manufacturing 25.00 Cultivation 7.00 Distribution & Manufacturing corresponding to Adult -use Retail [Adult -use Retail (including Delivery, but not including Consumption Lounge and Temporary Consumption and/or Special Events)l / Cultivation / Manufacturing / Distribution) (effective beginning January 1, 2023) 1% 3.00 Testing Facility or Testing Laboratory 5 % 1.50 (effective December 21, 2018 through June 30, 2019) Testing Facility or Testing Laboratory 1% 1.50 (effective July 1, 2019) With respect to commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city, such businesses shall be subject to the gross receipts tax rate(s) pursuant to this Article based on the category/categories of commercial cannabis activity conducted. However, such out-of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum Ordinance No. NS-XXX Page 56 of 68 City Council 22 — 60 10/4/2022 basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. Provided, however, as follows: M that commercial cannabis microbusinesses shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis business conducted at the same location; and that City licensed commercial cannabis retail businesses which are also licensed by the City for adult -use cannabis retail business (temporary consumption and/or special events), or socially equitable adult -use cannabis retail business (temporary consumption and/or special events, shall pay a minimum basic rate of two thousand dollars ($2,000.00,) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis retail business conducted at the same location; and that whenever in the discretion of the Collector, for the purposes of more fully achieving the intent of this Article, or to more efficiently and equitably administer the provisions of this Article, additional administrative commercial cannabis business licenses are required to allow the for the recognition of fee - exempt activities, or to allow for the separate accounting and apportionment of one or more taxable endeavors relating to sub -activities incorporated within a consolidated commercial cannabis tax activity under subsection (d), then the Collector shall require that the affected commercial cannabis business obtain such administrative Iicense(ss), and in the case of taxable activities, separately report and pay the applicable gross receipts tax(es) due under the consolidated commercial cannabis tax activity to which said administrative license(s) relate. In such case, the minimum basic rate of two thousand dollars ($2,000.00,) annually per license, shall not be applied, however, such administrative license(s) are subject to all other requirements under this Chapter, including all applicable licensing charges and service fees. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activities shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Ordinance No. NS-XXX Page 57 of 68 City Council 22 — 61 10/4/2022 Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. Q) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. "Commercial cannabis adult -use retail business" as defined in section 40- 2(39.4). tQ "Consumption Lounge" as defined in section 40-2(39.1) of this Code. "Cultivation" as defined in section 40-2(11) of this Code. M "Delivery" as defined in section 40-2(13) of this Code. "Distribution" as defined in section 40-2(16) of this Code. "Gross receipts" — section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary Ordinance No. NS-XXX Page 58 of 68 City Council 22 — 62 10/4/2022 consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof; (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax included in the price of the product; (H) "Gross receipts" shall not include the following: The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. ii. Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit Ordinance No. NS-XXX Page 59 of 68 City Council 22 — 63 10/4/2022 allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. v. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142. (1) "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and v. Any other business costs or expenses, unless otherwise specifically exempted. (10) "Gross square foot" or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult -use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ordinance No. NS-XXX Page 60 of 68 City Council 22 — 64 10/4/2022 Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy", whether such sum is greater or lesser than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy", and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. "Canopy" shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not occupying Ordinance No. NS-XXX Page 61 of 68 City Council 22 — 65 10/4/2022 the same premises with another cannabis business, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy". The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. (11) "Manufacturing" as defined in section 40-2(22) of this Code. (12) "Microbusiness" as defined in section 40-2(24) of this Code. Ordinance No. NS-XXX Page 62 of 68 City Council 22 — 66 10/4/2022 (13) "Consumption Lounge" as defined in section 40-2(39.1) of this Code. L141 "Qualified Social Equity Adult -use Cannabis Retail Business" as set out in section 40-16 of this Code. To include: "Socially Equitable Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges)", and "Socially Equitable Adult -use Cannabis Retail Business Temporary Consumption and/or Special Events)". 15 "Retail business" as defined in section 40-2(39) of this Code. 3) "Shared manufacturing" as defined in section 40-2(22.5) of this Code. L171 "Temporary Consumption Event" and "Temporary Consumption Festival" as defined in section 40-2(39.2 and 39.3) of this Code. 18 "Testing Facility" or "Testing Laboratory" as defined in section 40-2(43) of this Code. L19) "Wholesale" as defined in section 40-2(44) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. Ordinance No. NS-XXX Page 63 of 68 City Council 22 — 67 10/4/2022 (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a commercial cannabis business license or other city permit to operate as a commercial cannabis business. Ordinance No. NS-XXX Page 64 of 68 City Council 22 — 68 10/4/2022 (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate/receipt—Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. (s) Operative date of decreased gross receipts tax rate (Testing Facilities or Testing Laboratories). The gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be Ordinance No. NS-XXX Page 65 of 68 City Council 22 — 69 10/4/2022 decreased to a rate of one (1 %) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2019-068] as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. (t) Operative date of decreased gross receipts tax rate (Cultivation, Manufacturing, and Distribution, Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges), Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events) The gross receipts tax set initially at a rate of six (6%) percent for cultivation, manufacturing, and distribution pursuant to subsection (d) above shall be decreased to a rate of one (1 %) percent, and the gross receipts tax rate set initially at a rate of eight (8%) for all adult -use cannabis retail business (including delivery) activities pursuant to subsection (d) above shall be decreased to seven (7%) percent to include the sub -activity of consumption lounges, and the ancillary adult -use cannabis retail business (temporary consumption and/or special events activity; the parallel activities of social equity adult -use cannabis retail business (including delivery and consumption lounge), and the ancillary social equity adult -use cannabis retail business (temporary consumption and/or special events,) activity are set at a reduced five (5%) percent, by resolution of the City Council (Santa Ana City Council Resolution No, 2022-XXXI as hereinabove provided for in accordance with subsection (c). which reduced rates. under the terms of said City Council resolution, shall become effective January 1, 2023. (u) Operative date of decreased square footage tax rate (Cultivation, Manufacturing, Distribution, Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events), Qualified Social Equity Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events). The square footage tax set initially at a rate of ten ($10) dollars per square foot for cultivation and manufacturing, and four ($4) dollars per square foot for distribution pursuant to subsection (d) above shall be decreased to a rate of seven ($7) dollars per square foot for cultivation, three ($3) dollars per square foot for manufacturing, three ($3) dollars per square foot for distribution; and to a rate of zero ($0) dollars per square foot for shared manufacturing, adult -use cannabis retail business (temporary consumption and/or special events), and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) by resolution of the City Council (Santa Ana City Council Resolution No, 2022-XXXI as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023. (v) Notwithstanding the tax rates imposed herein under subsections (d),(s),(t), and (u), the City Council may, in its discretion, at any time solely by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rates established by subsection (a). Ordinance No. NS-XXX Page 66 of 68 City Council 22 — 70 10/4/2022 Section 10. Section 21-135 of Article XI I I of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-135. - Single property location; multiple state licenses; separate city business licenses. Sections 21-7, 21-8, and 21-9 of this chapter notwithstanding, separate city business licenses, issuable to commercial cannabis businesses pursuant to this article, shall be required for each separate type of commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state, or for which a state license has been approved or issued. Provided, however, that commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state as a microbusiness, or for which a state license has been approved or issued as a microbusiness, shall in such case be required to obtain a separate city business license business for each of the commercial cannabis activities transacted and carried on. Section 11. 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 12. This Ordinance shall become effective January 1, 2023. Section 13. 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 , 2022. Vicente Sarmiento Mayor Ordinance No. NS-XXX Page 67 of 68 City Council 22 — 71 10/4/2022 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: —4 W f� John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022 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 Ordinance No. NS-XXX Page 68 of 68 City Council 22 — 72 10/4/2022 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA READOPTING AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA RETAIL AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS BUSINESSES TO MODIFY ZONING REQUIREMENTS; ALLOW AND REGULATE RETAIL FACILITY RELOCATION, CANNABIS CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS; AND AMEND BACKGROUND CHECK AND BADGE REQUIREMENTS; AND AMENDING CERTAIN SECTIONS OF ARTICLES XII AND XIII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE TAX TREATMENT OF COMMERCIAL CANNABIS MICROBUSINESSES AND SHARED MANUFACTURING BUSINESSES TO REDUCE THE TAX RATES FOR MEDICINAL CANNABIS RETAIL, COMMERCIAL CANNABIS RETAIL, CULTIVATION, DISTRIBUTION, AND MANUFACTURING / SHARED MANUFACTURING AND TO ADOPT SEPARATE TAX RATE CATEGORIES AND TAX RATES FOR COMMERCIAL CANNABIS ADULT -USE CONSUMPTION LOUNGES, AND TEMPORARY CONSUMPTION EVENTS AND FESTIVALS, AND FOR QUALIFIED SOCIAL EQUITY OPERATORS 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 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. B. In 2015, the Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical Marijuana Regulation and Safety Act, further amended in 2016 as the Medical Cannabis Regulation and Safety Act, which established regulations and a state licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. Ordinance No. NS-XXX Page 1 of 68 City Council 22 — 73 10/4/2022 C. In November 2016, the voters of the State of California approved Proposition 64, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act. D. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act. E. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code (Ordinance No. NS-2929), allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. F. Since November 2014, the City of Santa Ana has permitted the retail sale of cannabis for medicinal purposes and since January 2018 for adult -use purposes. On March 20, 2018, the City Council adopted Ordinance NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories. G. On April 17, 2018, the City Council adopted Ordinance NS-2944 allowing and regulating commercial cannabis cultivation, distribution, and manufacturing activities. H. On November 6, 2018, the voters of the City of Santa Ana approved Measure Y (Ordinance NS-2962), establishing a tax on commercial cannabis business activities except medicinal cannabis retail sales, which continue to be subject to taxes under Measure BB. I. On September 3, 2019, the City Council adopted Ordinances NS-2972 and NS-2973 amending certain sections of chapters 18, 21, and 40 of the Santa Ana Municipal Code allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to the greater amount of one (1 %) percent of gross receipts or one and one-half ($1.50) dollars per square foot; and adopting a canopy measurement and square footage allocation service fee. J. The State of California continues to update its regulations on commercial cannabis business licensing, resulting in the need for local jurisdictions to update and amend local commercial cannabis ordinances from time to time. K. It is the desire of the City Council to combine and unify the regulations for medicinal cannabis retail and all other types of commercial cannabis business activities, currently contained in Chapters 18 and 40 of the Santa Ana Municipal Code, respectively, for clarity and cohesion. Ordinance No. NS-XXX Page 2 of 68 City Council 22 — 74 10/4/2022 L. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, and those entities that were scored as part of the merit -based selection process in Section 40-9. M. Commercial cannabis businesses form an integral part of the Santa Ana economy, contributing revenues and community benefits through business engagement with the Santa Ana community. N. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. O. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold, cultivated, manufactured, tested, consumed, or distributed in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these uses may operate, and in providing access of cannabis to residents. P. The City Council has held a duly noticed public hearing on September 20, 2022 in connection with consideration and adoption of this ordinance, during which comments were provided by the City Council and members of the public on additional retail storefronts, reduction of retail tax rates, community benefits and social equity, the map of commercial cannabis eligible areas, and priority processing for commercial cannabis consumption lounges that opt in to social equity measures. Q. The resulting changes to this Ordinance were presented to the City Council for second reading on October 4, 2022. Section 2. This Ordinance is adopted pursuant to the authority granted by the California Constitution and State law, including but not limited to: Article XI, Section 7 of the California Constitution, the Compassionate Use Act of 1996 (California Health and Safety Code Section 11362.5), the Medical Marijuana Program (California Health and Safety Code Section 11362.7 et seq.), the Medical Marijuana Regulation and Safety Act (AB 266, AB 243, and SIB 643; hereafter "MMRSA"), the Adult Use of Marijuana Act (Proposition 64), and the Medical and Adult Use Cannabis Regulation and Safety Act (SB 94; hereafter "MAUCRSA"). Section 3. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Santa Ana is a built -out, urbanized community, and Ordinance No. NS-XXX Page 3 of 68 City Council 22 — 75 10/4/2022 the uses permitted and regulated by this Ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code. The uses permitted and regulated by this ordinance will not lead to any cumulative or unforeseen impacts. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 4. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 5. The title of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Chapter 40 - REGULATION OF COMMERCIAL CANNABIS BUSINESS ACTIVITIES Section 6. Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 40-1. Purpose, intent, and community benefits required. A. The purpose and intent of this article is to regulate commercial cannabis business activities, as defined in this article, in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for commercial cannabis business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit ("RSP"). Any commercial cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law and this article. All commercial cannabis facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the applicable zone for the parcel of real property upon which the commercial cannabis activities are conducted. Any commercial cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in a zone in compliance with Santa Ana Municipal Code before commencing with any commercial cannabis business activity. Any commercial cannabis business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 133, Proposition 64, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult -use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of cannabis as authorized under State Law. Ordinance No. NS-XXX Page 4 of 68 City Council 22 — 76 10/4/2022 B. Any person operating a medicinal marijuana collective/cooperative (as defined in Article II of this Chapter) as of December 14, 2017, or who has a RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of Article II, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis. C. Community Benefits, Sustainable Business Practices, and Social Equity Plan Required. 1. Effective January 1, 2024, all commercial cannabis businesses operating in the City shall be required to provide community benefits through a Community Benefits, Sustainable Business Practices, and Social Equity Plan ("Plan") that promotes health and sustainability of the community in a format acceptable by the Executive Director of the Planning and Building Agency or his or her designee as reviewed and verified from time to time as a component of issuance of a regulatory safety permit (RSP). By January 1, 2025, all such Plans shall contain provisions for social equity obligations, as per the approved format established by the City. 2. The Plan shall document each of the business's commitment to local hiring, local sourcing, community engagement and contributions, sustainable business practices, and consideration of social equity goals through paying prevailing wages, hiring from disadvantaged communities, supporting local non-profit organizations (NPOs), and job and skills training. The Plan shall quantify the value of each commitment therein. 3. Documentation of fulfillment of the aforementioned Plan shall be submitted to the Code Enforcement Division on an annual basis, including as part of a renewal application for an RSP during the annual renewal process. Said documentation shall detail said business's satisfaction of its commitments and shall be evaluated for satisfaction by the Executive Director of the Planning and Building Agency or his or her designee. Failure to provide the requested documentation shall result in a suspension or revocation of an RSP, delay or denial of an RSP renewal application, as applicable. 4. The Planning and Building Agency may enforce these provisions pursuant to Section 40-12 of this Chapter, including issuance of warnings, citations, and fines as authorized by the Santa Ana Municipal Code, and suspension and revocation, to enforce the commitments in each Plan. 5. Commercial cannabis retailers exempt. The Community Benefits, Sustainable Business Practices, and Social Equity Plan requirements of Section 40-1(C) shall not apply to those commercial cannabis retailers in compliance with Section 40-16 of this Chapter. Sec. 40-2. Definitions. Ordinance No. NS-XXX Page 5 of 68 City Council 22 — 77 10/4/2022 The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. 1. "Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of a commercial cannabis business. "Adult -Use" means cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person twenty-one (21) years of age or older. 3. "Adult -Use Cannabis Retailer Operating Agreement" or "Operating Agreement" means the agreement entered into by and between the City and the commercial cannabis business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. 4. "Adult -Use cannabis retail business" means an Adult -Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult -Use cannabis, or an Adult -Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 5. "Authorized City of Santa Ana representative" means any police officer, city employee, contractor or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. 6. "Business owner" means any of the following: a) A person with an aggregate ownership interest of twenty (20) percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b) The chief executive officer of a nonprofit or other entity. c) A member of the board of directors of a nonprofit. d) An individual who will be participating in the direction, control, or management of the person applying for a license. 7. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber Ordinance No. NS-XXX Page 6 of 68 City Council 22 — 78 10/4/2022 produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 8. "City" means the City of Santa Ana, a charter city and municipal corporation. 9. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products as provided for this Chapter. Permitted commercial cannabis activities are listed in Land Use Table 40-5 of this Chapter and are allowed in the Commercial Cannabis Eligible Areas Map as adopted and modified from time to time by resolution of the City Council. 10. "Commercial cannabis business" means a business that obtains a Regulatory Safety Permit and engages in the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, distribution, delivery, or sale of adult -use cannabis, medicinal cannabis or an adult -use cannabis or medicinal cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time. 11. "Cultivation" means to plant, grow, harvest, dry, cure, grade or trim cannabis, as defined by California Business and Professional Code Section 26001, as amended from time to time. 12. "Customer" means a natural person twenty-one (21) years of age or over. 13. "Delivery" means the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorized by the State of California, or any of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/or licensed by the retail cannabis business, or independently licensed by the State of California under the State law (as amended from time to time), that enables anyone to arrange for or facilitate the commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. 14. "Delivery employee" means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a customer at a physical address. Ordinance No. NS-XXX Page 7 of 68 City Council 22 — 79 10/4/2022 15. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 16. "Distribution" means the procurement, sale, and transport of cannabis or cannabis products between Licensees. 17. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 18. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 19. "Labor Peace Agreement" means a legally binding agreement between an employer and a bona fide labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize, as described more fully in Business and Professions Code 26001(z), as amended from time to time. For the purposes of this Chapter, a "Bona Fide Labor Organization" means any organization or any agency or employee representation committee or any local unit thereof in which employees participate, and exists for the purpose, in whole or in part, of working with employers concerning grievances, labor disputes, wages, hours of employment or conditions of work, which labor organization is not found to be or to have been financed in whole or in part, interfered with, dominated or controlled by the employer or any employer association. 20. "License/Licensee" means a license issued by the State and includes both an A - license (Adult -Use) and an M-license (Medicinal), and the holder of such license. 21. "Manufacturer" means a Licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. 22. "Manufacturing" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, propagating, holding, or storing of components and ingredients. 22.5. "Shared Manufacturing" means manufacturers who work in a shared -use facility. Shared -use facilities are places where multiple shared manufacturers engaging in cannabis extraction using butter or cooking oils, infusion, and/or packaging and labeling rotate on a schedule and share space and equipment. Ordinance No. NS-XXX Page 8 of 68 City Council 22 — 80 10/4/2022 All or part of manufacturing premises may be registered as a shared -use facility. 23 "Medicinal cannabis patient" is a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 24. "Microbusiness" means a commercial cannabis business that cultivates cannabis on an area less than ten thousand (10,000) square feet and acts as a licensed distributor, Level 1 manufacturer, and retailer. 25. "Nursery" means a commercial cannabis Licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis. 26. "Medicinal/medical cannabis" or "Medicinal cannabis product," means cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medicinal cannabis retail is regulated by this Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. 27. "Outdoor cultivation" means the cultivation of cannabis outside a permanent enclosed building. Outdoor cultivation is prohibited within the City of Santa Ana. 28. "Ownership interest" means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of twenty (20) percent or more. 29. "Package" and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. "Package" and "packaging" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 30. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. 31. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 32. "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code, as amended from time to time. Ordinance No. NS-XXX Page 9 of 68 City Council 22 — 81 10/4/2022 33. "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5) and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 34. "Private security officer" has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. 35. "Purchase" means obtaining cannabis goods in exchange for consideration. 36. "Purchaser" means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 37. "Qualified patient" has the same meaning as such term is defined in California Health and Safety Code section 11362.5, as amended from time to time, and means a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 38. "Responsible person" means any of the following: a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue by way of his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where property -related Code violation occurs. e) A person who is the on -site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. 39. "Retail business" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 39.1. For the purposes of this Chapter, "Consumption lounge" means a facility for the onsite retail sale and consumption or smoking of cannabis or cannabis products that is a licensed premises that is a physical location from which commercial cannabis activities are conducted, as defined by Business and Professions Code Section 26070 as amended from time to time. For the purposes Ordinance No. NS-XXX Page 10 of 68 City Council 22 — 82 10/4/2022 of this definition, "consumption" and "smoking" shall also include inhalation, vaping, and/or ingestion. 39.2. For the purposes of this Chapter, "Temporary Consumption Event" shall mean an event organized by a commercial cannabis retail business where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. 39.3. For the purposes of this Chapter, "Temporary Consumption Festival" shall mean a large-scale event organized and held by the City of Santa Ana where people can sell and consume cannabis subject to full compliance with local, County, and State licensing requirements. 39.4. For the purposes of this Chapter, "Commercial Cannabis Adult -Use Retail Business" shall mean a retail business operation which engages in the sale of commercial adult -use cannabis pursuant to a State issued A -license, and that does not engage in the sale of medicinal cannabis. 39.5 For the purposes of this Chapter, "Commercial Cannabis Medicinal Retail Business" shall mean a retail business operation which engages in the sale of medicinal cannabis pursuant to a State issued M-license (Medicinal), and that does not engage in the sale of commercial adult -use cannabis. 40. "Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to a commercial cannabis business. 41. "Sell," "sale," and "to sell" include any transaction whereby, for any consideration, title to cannabis is transferred from one (1) person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a Licensee to the Licensee from whom such cannabis goods were purchased. 42. "State" means the State of California. 43. "Testing Facility" or "Testing Laboratory" defined in the Business and Professions Code section 26001, as amended from time to time, means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State; and, b) Licensed by the Bureau of Cannabis Control. 44. "Wholesale" means the sale of cannabis goods to a distributor for resale to one (1) or more retail cannabis businesses. Ordinance No. NS-XXX Page 11 of 68 City Council 22 — 83 10/4/2022 Sec. 40-3. Compliance with state and local licensing requirements. A. Any commercial cannabis business as defined by the State of California and the City of Santa Ana shall operate in conformance with all regulations and standards set forth in this article to assure that the operations of any commercial cannabis business as defined by the State of California and allowed by the City of Santa Ana are in compliance with local and State law and are established to mitigate any adverse secondary effects from its operations. B. Commercial cannabis businesses shall be required to obtain a Regulatory Safety Permit (RSP) from the City of Santa Ana and a State license, and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. C. Co -location of commercial cannabis businesses proposed on any one (1) site shall occur only if authorized by the State and the City of Santa Ana and only if allowed pursuant to the City's Zoning Code. Any commercial cannabis activity not specifically permitted by this article is prohibited. Sec. 40-4. Maximum number of regulatory safety permits for commercial cannabis retail businesses. A. In no case shall the maximum number of regulatory safety permits for commercial cannabis retail businesses be less than thirty (30). B. All commercial cannabis retail businesses may sell medicinal and adult -use cannabis. Sec. 40-5. Zoning compliance and regulatory safety permit requirements. Commercial cannabis activities are expressly prohibited in all zones in the City of Santa Ana; however, specific commercial cannabis businesses are permitted in the Light Industrial (M1), Heavy Industrial (M2), and select Specific Development and Professional zoning districts of an industrial nature in areas as specified on the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. The allowed current permit types are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial cannabis business may operate in the City of Santa Ana without a Regulatory Safety Permit. This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted — "P," or not permitted —' X." Any commercial cannabis business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section, then the use is expressly not permitted. Ordinance No. NS-XXX Page 12 of 68 City Council 22 — 84 10/4/2022 City of Santa Ana Municipal Code Table 40-5 Commercial Indication on the Regulatory Cannabis Land Use Commercial Safety Business Cannabis Eligible Classification Permit Activities Use Areas Map Required Type Cultivator/Nursery Indoor only P Yes Cultivator/Nursery Outdoor or mixed- X NA light Indoor— Type 5A (Cultivation; Indoor; Large), as Cultivator/Nursery defined and P Yes amended by the State, permitted beginning January 1, 2023) T Manufacturing (including "shared Manufacturing P Yes manufacturing") Retail Medicinal Retail 1 P Yes Retail Adult -Use Retail P Yes Adult -Use and/or Testing Laboratory Medicinal P Yes Industrial Distribution Freight/Transport P Yes Microbusiness P —only as part of a vertically- integrated/co- Cultivation/Retail/ located business Manufacturing/ in full Yes Distribution conformance with the requirements of this Chapter. Ordinance No. NS-XXX Page 13 of 68 City Council 22 — 85 10/4/2022 Consumption Lounge Consumption Lounge, as an ancillary component to Retail P Yes Sec. 40-6. Location and Separation requirements for all commercial cannabis retail businesses. A. Commercial cannabis businesses may only operate within an area in accordance with the Commercial Cannabis Eligible Areas Map as adopted by resolution of the City Council. B. No commercial cannabis retail business shall be located within five hundred (500) feet of another retail cannabis business, as measured from primary entrance of the business to primary entrance of the other business. C. No commercial cannabis business shall be located within one thousand (1,000) feet of any: 1. School (K-12) as defined by Section 11362.768 of the Health and Safety Code, as indicated by the Commercial Cannabis Eligible Areas Map; or 2. Park, as indicated by the Commercial Cannabis Eligible Areas Map; or 3. Residential zoning district, as indicated by the Commercial Cannabis Eligible Areas Map. Sec. 40-7. Relocation of commercial cannabis retail businesses (medicinal and/or adult -use). (a) Relocation of an existing medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business as defined in this Chapter is permitted within the City of Santa Ana subject to the following: (1) The medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must hold a valid RSP, business license, and the appropriate State commercial cannabis license, and be operating with all required permits and licenses. For the purposes of this sub -section, "operating" means a medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business currently holding a valid RSP and Santa Ana business license. (2) The existing RSP holder and existing location must be in good standing, including but not limited to full compliance with all requirements of the Santa Ana Municipal Code, no active code enforcement and/or building safety violations, no violations Ordinance No. NS-XXX Page 14 of 68 City Council 22 — 86 10/4/2022 of regulations imposed by the State of California and County of Orange, and have no outstanding business license fees and taxes, except those subject to and performing under a Finance and Management Services Agency approved payment plan agreement. (3) An application to relocate to a proposed new location may be filed after October 1, 2023. (4) The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business is in full compliance with the zoning and separation requirements for commercial cannabis retail businesses as outlined in Sections 40-5 and 40-6 of the Santa Ana Municipal Code. (5) The proposed new location of the medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business must comply with separation requirements of this Chapter except that the proposed new location must also satisfy said separation requirements from any location identified on the Qualified Registration Applicant List ("Waitlist"), as defined in Section 40-104 of this chapter and from any entity selected during the City's evaluative process in 2018. (b) Any operating medical marijuana collective, medical marijuana cooperative, and/or adult -use cannabis retail business wishing to relocate shall be required to concurrently: (1) File an application for an RSP by and (2) Submit all required construction plans for plan check by the City, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and operate within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. (c) Upon issuance of the RSP for the new location, the previous location's RSP and certificate of occupancy immediately becomes null and void and the location must cease to operate. (d) Within 60 days of issuance of the RSP for the new location, the applicant must provide the City documentation demonstrating that any State -issued commercial cannabis retailer license associated with the previous location has been cancelled, rescinded, or updated to reflect the new location. Sec. 40-8. General provisions for commercial cannabis activities in the City of Santa Ana. 1. Regulatory Safety Permit Required. a. Each commercial cannabis business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity or activities defined by the State pertaining to that Ordinance No. NS-XXX Page 15 of 68 City Council 22 — 87 10/4/2022 activity. The only allowed current activity types pursuant to this article are for commercial cannabis retail sales and cultivation, distribution, manufacturing, and testing laboratories/facilities. Co -location is permitted pursuant to Section 40-9.3.1. b. It shall be unlawful for any person, as defined by this ordinance, to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial cannabis business without a RSP. A commercial cannabis business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. c. A copy of the RSP shall be displayed at all times in a place visible to the public. d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting. All records shall be maintained by the commercial cannabis business for a period of five (5) years and shall be made available by the commercial cannabis business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the commercial cannabis business may maintain, these records shall be stored by the business at the location in a printed format in a fireproof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within twenty-four (24) hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the California Department of Tax and Fee Administration (CDTFA). b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by the CDTFA under Title 18 California Code of Regulations section 1968. c. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including, but not limited to, the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business activity. f. Permits, licenses, and other local authorizations to conduct the commercial cannabis business activity. g. Security records, as outlined in the Operational Standards for All Commercial Cannabis Business Activities. Ordinance No. NS-XXX Page 16 of 68 City Council 22 — 88 10/4/2022 h. Proof of building ownership or landlord letter acknowledging business type. i. Proof of insurance. 3. Operational Standards for All Commercial Cannabis Business Activities. a. The location, interior and exterior, shall be monitored at all times by web -based closed circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained unaltered in a secure location for a period of not less than ninety (90) days. The Police Department may request the recordings in connection with an investigation. b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20) feet. c. The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the internet by the police department or their designee on request. d. If applicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the City, associated with project review under CEQA. e. Commercial cannabis businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within twenty-four (24) hours of the system being available. f. No physical modification of the licensed premises is allowed without written prior permission by the City of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business businesses shall provide adequate off-street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business shall provide adequate disabled access parking per the requirements in the California Building Code. i. The commercial cannabis business shall minimize nuisances such as trash, litter, and graffiti. Ordinance No. NS-XXX Page 17 of 68 City Council 22 — 89 10/4/2022 j. Any and all signage, packaging, and facilities shall not be "attractive," as it is defined by the State, to minors. k. Commercial cannabis business facilities shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. I. The commercial cannabis business shall comply with all State regulations regarding: i. Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. m. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than two million dollars ($2,000,000.00), with primary coverage, naming the City of Santa Ana as additional insured. n. No free samples of any cannabis or cannabis product may be distributed at any time. o. Badges shall be worn by any individuals as required to do so pursuant to the California Code of Regulations, Title 4, Section 15043 and California Business and Professions Code Section 7582.28, as amended from time to time. p. All private security officers acting for or employed by a commercial cannabis business shall be licensed by the State and issued a security/patrol services business license from the City of Santa Ana. q. The commercial cannabis business shall have a centrally monitored fire and burglar alarm system which shall include all perimeter entry points and perimeter windows and the building or portion of the building where the business is located shall contain a fireproof safe or fireproof filing cabinet and include a safety and security plan. Ordinance No. NS-XXX Page 18 of 68 City Council 22 — 90 10/4/2022 r. The commercial cannabis business shall ensure a licensed alarm company operator or one (1) or more of its registered alarm agents installs, maintains, monitors and responds to the alarm system. The alarm company shall obtain a City of Santa Ana business license. s. The commercial cannabis business shall provide the name and phone number of an on -site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. t. The commercial cannabis business must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. u. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. v. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. w. Any individual with an ownership interest shall complete a live scan and submit the results to the City. x. All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. y. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. 4. Additional Operational Standards for Cannabis Retail Business. a. At all times the cannabis retail business is open, it shall provide at least one (1) private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card," and has a valid business license from the City of Santa Ana as a security/private patrol service. b. The private security guard and retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately leave the site and do not consume cannabis in the vicinity of the retail business or on the property or in the parking lot. c. Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. Ordinance No. NS-XXX Page 19 of 68 City Council 22 — 91 10/4/2022 d. There shall be no on -site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on -site consumption of alcohol or tobacco by patrons. Food may not be consumed on site, except as permitted by Section 40-8 (10) of this chapter. e. Hours of operation shall be limited to: 7:00 a.m. to 11:00 p.m. daily. No licensed retail business shall be open to the public between the hours of 11:01 p.m. and 6:59 a.m. of any day. f. The cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: Secondary sale, barter or distribution of adult -use cannabis is a crime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. iii. A warning that patrons and/or employees may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. g. No one under the age of twenty-one (21) shall be allowed to enter a cannabis retail facility unless the licensed cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. All cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j. Cannabis retail businesses shall also record on the video surveillance system point -of -sale areas and areas where cannabis goods are displayed for sale. k. Adequate signage shall clearly state who has inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. Ordinance No. NS-XXX Page 20 of 68 City Council 22 — 92 10/4/2022 I. Shipments of cannabis goods may only be accepted during regular business hours. m. Inventory shall be secured using a lockable storage system during non -business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. p. Educational tours of retail cannabis businesses shall be allowed. q. A permitted commercial cannabis retail business shall have one hundred eighty (180) days after construction permit issuance by the City of Santa Ana to operate. A permitted commercial cannabis retail business that ceases to operate for more than ninety (90) calendar days shall be deemed "abandoned" and the permit shall be forfeited. A permitted commercial cannabis business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. For the purposes of this section, "operate" shall mean that the gross receipts fees charged for the business exceed the fee per square foot calculations by the end of the one hundred eighty (180) day period. A pending commercial cannabis retail business shall be required to concurrently: (1) File an application for an RSP and (2) Obtain all required construction permits for the facility from the City within six months of the effective date of this ordinance, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and open within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in Article II of this Chapter. Relocation is permitted pursuant to Section 40-7 of this Chapter. r. A licensee that is authorized to conduct medicinal and/or adult -use retail sales may donate cannabis or cannabis products and the use of equipment in compliance with any State compassionate use, equity, or other similar program in accordance with Section 26071 to the Business and Professions Code. s. Subject to approval of an operations plan by the Executive Director of the Planning and Building Agency, the opening of cannabis packages and demonstration of cannabis products at a commercial cannabis retail business is permitted for educational purposes without establishment of a consumption lounge, subject to the following requirements: Ordinance No. NS-XXX Page 21 of 68 City Council 22 — 93 10/4/2022 The maximum amount of cannabis product which may be consumed in such a setting is one-half (1/2) of one gram. ii. There shall be a separate room dedicated for such purposes. Activities in said dedicated room shall be limited to the opening of packages, use demonstration, and consumption for consumer education purposes, by the consumer only. iii. The dedicated room shall be limited to 100 square feet maximum size, shall be included as part of the facility's ventilation and odor control methods, and shall be monitored using video surveillance systems. iv. Such activities shall be subject to an administrative permit issued by the Planning and Building Agency. As part of the permit application, the applicant shall include administrative policies ensuring the opening of packages, demonstration and education, and limited consumption are restricted to the room and for ensuring such activities do not pose a threat to the health, safety, and welfare of other consumers, employees of the business, and visitors to the surrounding area. 5. Additional Operational Standards for Commercial Cannabis Retail Delivery Services. a. Commercial cannabis retail deliveries may be made only from a commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. c. All commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the commercial cannabis retail business. e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. Ordinance No. NS-XXX Page 22 of 68 City Council 22 — 94 10/4/2022 g. A commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. i. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the commercial cannabis retail business with the following information: Name and address of the commercial cannabis retail business. ii. The name of the employee who delivered the order. iii. The date and time the delivery request was made. iv. The complete delivery addresses. V. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. I. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. m. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories. a. A licensed cannabis testing facility or laboratory business, its owners and employees may not hold an interest in any other cannabis business except another testing laboratory business. b. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. c. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. Ordinance No. NS-XXX Page 23 of 68 City Council 22 — 95 10/4/2022 7. Additional Operational Standards for Commercial Cannabis Manufacturing Facilities. a. A licensed commercial cannabis manufacturing facility may conduct all activities permitted by the State. This includes, but is not limited to: extractions, repackaging and relabeling, infusions and extractions. b. Any manufacturing that will be conducted by the commercial cannabis business shall be included on the application. No additional manufacturing activity can be conducted without notifying the Executive Director of the Planning and Building Agency or his or her designee, after which a determination will be made if the new activity may commence with or without modification to the RSP or if a new RSP is required. c. At all times, the commercial cannabis manufacturing facility will be compliant with all State regulations for cannabis manufacturing including Health and Safety Code § 11362.775, as amended from time to time. Signage shall be posted regarding the type(s) of chemicals being used at the manufacturing facility. d. Cannabis manufacturing facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co -located with an approved commercial cannabis retail business with a RSP. e. Extraction equipment and extraction process utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction. f. All commercial cannabis manufacturing/processing facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis plant processing and extraction. 8. Additional Operational Standards for Indoor Commercial Cannabis Cultivation Facilities. a. There shall be no exterior evidence of cannabis cultivation from a public right-of- way. b. The Building Official may require additional specific standards to meet the California Building Code and Fire Code, including, but not limited to, installation of fire suppression sprinklers. c. Compliance with Section 13149 of Water Code as enforced by the State Water Resources Control Board is required. d. All commercial cannabis cultivation facilities shall comply with any and all applicable safety guidelines adopted by the Orange County Fire Authority, the State of California, and/or the City of Santa Ana for cannabis carbon dioxide enrichment systems. Ordinance No. NS-XXX Page 24 of 68 City Council 22 — 96 10/4/2022 e. Cannabis cultivation facilities shall not contain an exhibition or product sales area or allow for retail distribution of products at that location unless the facility is co - located with an approved commercial cannabis retail business with a RSP. 9. Additional Operational Standards for Commercial Cannabis Distribution Facilities. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. A distributor shall ensure that all cannabis goods stored in compliance with all applicable State regulations to ensure conformance to any and all applicable Track and Trace systems required by the State. c. Employee breakrooms, eating areas, changing facilities, locker rooms and bathrooms shall be completely separated from the storage areas. 10. Additional Operational Standards for Consumption Lounges and Onsite Cannabis Consumption. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the business's regular business hours. b. Consumption lounges are permitted as an ancillary use to a licensed commercial cannabis medicinal or adult -use retail business. c. Consumption lounges must be on the same site as and physically contiguous to a licensed commercial cannabis retail business. d. All retail sales transactions for the purposes of onsite consumption shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. e. Two (2) parking spaces per 1,000 square feet of gross building square footage shall be provided for any building expansion constructed for a consumption lounge. f. Consumption lounges shall be designed such that a patron need not enter a consumption lounge in order to access a retail -only portion of the facility. There shall be no connection between a consumption lounge and another tenant suite. g. Medicinal or adult -use cannabis and cannabis products may be sold on the premises of a consumption lounge, subject to the following: The operator must hold a valid adult -use and/or medicinal retail business RSP. Ordinance No. NS-XXX Page 25 of 68 City Council 22 — 97 10/4/2022 ii. Products shall be sold for on -site consumption only. Products may not be sold for off -site consumption. All cannabis products purchased and opened at the facility must be smoked or consumed on site and shall not be permitted to leave the facility unless in a resealed package that meets all State guidelines. iii. All products consumed or smoked on premises shall be sold at the consumption lounge. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the consumption lounge. h. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. i. Food may be consumed in the consumption lounge; however, the sale or consumption of alcohol or tobacco products is prohibited. j. Access to the consumption lounge shall be restricted to persons twenty-one (21) years of age or older, or as allowed by State law. k. The consumption or smoking of cannabis products shall not be visible from any public place, public right-of-way, or area where minors may be present. If the consumption lounge contains an outdoor area, the outdoor area shall be oriented so as to eliminate visibility from any adjacent public place, public right- of-way, area where minors may be present, or adjacent business, tenant space, or building. Commercial cannabis consumption lounges shall be required to provide an air treatment system that ensures off -site odors shall not result from its operations. The facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. m. Odor control response. Within twenty-four (24) hours of any complaint concerning odors emanating from or originating at the facility, the operator shall respond to the complaint in question and shall timely file a written disclosure to the Planning and Building Agency documenting any and all actions taken and planned to address the odor complaint(s). The City, upon determination of the continued existing of detectable odor from the facility, may require an operator to submit an implementation plan and/or a performance schedule, above and beyond this written disclosure filed within twenty-four (24) hours, to ensure the employment of measures to control the odor. Ordinance No. NS-XXX Page 26 of 68 City Council 22 — 98 10/4/2022 ii. The Executive Director of the Planning and Building Agency shall have the authority to require an operator of a consumption lounge to amend any implementation plan and/or performance schedule submitted pursuant to this sub -section to cause compliance herewith. iii. Any failure to timely submit a written disclosure, a more detailed implementation plan and/or performance schedule or amendment thereto, to timely adhere to terms of either, or to complete any required improvements within the timeframe specified by the Executive Director of the Planning and Building Agency shall be grounds for revocation of the RSP. iv. Odors from a consumption lounge are identified as a public nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounge in violation of this sub -section. n. All consumption lounges shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. 11. Additional Operational Standards for Temporary Consumption Events and Temporary Consumption Festivals. a. Inspections by an authorized City of Santa Ana representative may be conducted anytime during the event. b. All retail sales transactions for the purposes of onsite consumption during a temporary consumption event shall be conducted using point -of -sales equipment and reported separately in a format satisfactory to the Executive Director of the Finance and Management Services Agency. c. Temporary Consumption Festivals. Temporary consumption festivals may be held on public or private property as approved by the City. Temporary consumption festivals may only be organized and held by the City of Santa Ana. iii. Temporary consumption festivals are subject to all applicable standards promulgated by this Chapter for temporary consumption events. iv. All cannabis products and food available for purchase must be sourced locally from Santa Ana -based businesses. Ordinance No. NS-XXX Page 27 of 68 City Council 22 — 99 10/4/2022 d. Temporary consumption events are permitted as an ancillary use to each commercial cannabis medicinal or adult -use retail business, subject to review and approval of a Land Use Certificate (LUC), pursuant to Section 41-675 through 41-677 of the Santa Ana Municipal Code, and verification of any applicable required valid business licenses required pursuant to Chapter 21, Articles XII and XIII of this Code. The number of temporary consumption events permissible per business per calendar year is subject to establishment by resolution of the City Council. e. Live entertainment may be provided only in conjunction with an approved LUC. f. Applications for temporary consumption event LUCs must be submitted at least 45 days prior to the event date. g. Applicant(s) for a temporary consumption event must provide a copy of all final application materials submitted to the State of California pursuant to California Code of Regulations Section 15002.1 (Temporary Cannabis Event Application) as amended from time to time. h. The event shall last no longer than 48 hours and in all cases shall begin no earlier than 8:00 a.m. and end no later than 10:00 p.m. The duration of setup and dismantling activities associated with the event shall be specified on the LUC application. i. Location. Temporary consumption events must be on the same site as a commercial cannabis medicinal or adult -use retail business. j. Medicinal or adult -use cannabis and cannabis products may be sold on the premises during temporary consumption events, subject to the following: The operator must hold a valid adult -use and/or medicinal retail business RSP. ii. Products shall be sold for on -site consumption only. All unconsumed cannabis products purchased and opened at the facility must be resealed prior to leaving the facility. iii. All products consumed or smoked on premises shall be sold at the facility. Operators shall not permit patrons to bring their own personal cannabis or cannabis products to the event. k. Outdoor smoking is permitted with the installation of odor -control mechanisms as reviewed and approved by the Planning and Building Agency. I. Food may be consumed; however, the sale or consumption of alcohol or tobacco products on the premises is prohibited. Ordinance No. NS-XXX Page 28 of 68 City Council 22 — 100 10/4/2022 m. Access to the temporary consumption and/or special event shall be restricted to persons twenty-one (21) years of age or older. n. The consumption or smoking of cannabis products shall not be visible from any public right-of-way or area where minors may be present. If the temporary consumption event takes place in an outdoor area, the outdoor area shall be oriented to eliminate visibility from any adjacent public place, public right-of- way, area where minors may be present, or adjacent business, tenant space, or building, and shall be oriented to minimize odor intrusion onto adjacent tenant spaces and properties. o. All events shall be required to provide an air treatment system that ensures off - site odors shall not result from its operations. The site shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in any adjacent tenant suites, on adjacent properties or public rights -of -way, or within any other unit located within the same building as the facility if the use occupies only a portion of a building. Outdoor smoking, including vaping and the use of other electronic inhalation devices, must take place within ventilated enclosures subject to the satisfaction of the Planning and Building Agency and Orange County Fire Authority. p. Odor control response. Odors from a temporary consumption event are identified as a public nuisance pursuant to the Santa Ana Municipal Code. The City may pursue all administrative, civil, and criminal remedies available in relation to any nuisance determined to exist with respect to the operation of a consumption lounge in violation of this Chapter. ii. Upon receipt of any complaint concerning odors emanating from or originating at the temporary consumption event, the Planning and Building Agency may suspend or revoke the LUC. q. All temporary consumption events shall be equipped with point -of -sale or similar equipment to distinguish sales of products made for onsite consumption from sales of retail products for offsite consumption. Sec. 40-9. Commercial cannabis selection process. 1. Commercial Cannabis — Registration Application and Regulatory Safety Permit Required. a. For applicants prior to January 1, 2018: Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ("RSP") on or before December 14, 2017. The Director of Planning Ordinance No. NS-XXX Page 29 of 68 City Council 22 — 101 10/4/2022 and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this Chapter. b. The Regulatory Safety Permit ("RSP") selection process will be conducted in two (2) phases, Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be notified in writing to enter into the Phase 2 Regulatory Safety Permit Application process. In Phase 2, the City of Santa Ana has established a merit based point system for adult -use commercial cannabis retail businesses to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1 — Registration Application. a. Following the adoption of this article, the Director of Planning and Building shall prepare commercial cannabis business registration application forms and a related administrative policy. Each commercial cannabis business interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. b. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be notified in writing whether they are a "RSP Eligible Applicant" or not. Each complete and compliant applicant may then choose to file an application for a RSP in Phase 2. c. The requirements for Phase 1 include, but are not limited to: i. All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv. Phase 1 application fee is paid. V. A signed statement that the proposed location of the commercial cannabis business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. vi. Proof of site control for commercial cannabis retail businesses submitting Phase 1 applications on or after July 1, 2018. Ordinance No. NS-XXX Page 30 of 68 City Council 22 — 102 10/4/2022 d. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 — Regulatory Safety Permit Application. a. Each complete and compliant applicant may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. c. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. d. Phase 2 requirements include, but are not limited to: i. All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is paid and a comprehensive background check is completed on all owners, managers, security guards, and/or agents. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a certificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The Planning Manager or designee has issued zoning clearance documenting compliance with the following: a. The use is permitted; Ordinance No. NS-XXX Page 31 of 68 City Council 22 — 103 10/4/2022 b. All land use permits, if any, have been approved and all conditions of approval have been met or are in good standing; and, c. No zoning violations exist on the property. e. The Director of the Planning and Building Agency or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3.1 Commercial Cannabis — Registration Application and Regulatory Safety Permit for Additional Commercial Cannabis Business Activities on the Same Premises (Co - Location). a. An existing commercial cannabis business with an RSP may co -locate additional non -retail commercial cannabis business activities (cultivation, distribution, and/or manufacturing) by applying for a new RSP for the additional use(s). The new RSP must meet the all requirements of the Santa Ana Municipal Code except that background checks (live scans) shall only be required for any new owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. b. New or pending RSP applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a new RSP for any of the non -retail commercial cannabis business activities. The additional RSP must meet the all requirements of the RSP except that background checks (live scans) shall only be required for any new owners as outlined in Section 40-8. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. c. New commercial cannabis business applicants — co -location. 1. New commercial cannabis retail applicants wishing to co -locate additional non - retail (cultivation, distribution, and/or manufacturing) uses shall submit separate RSPs for the proposed retail activity and another RSP for any of the non -retail (cultivation, distribution, and/or manufacturing) commercial cannabis business activities. Each RSP application will be evaluated independently and must meet any applicable requirements of the RSP as outlined in Sections 40- 8 and 40-9, including, but not limited to, merit evaluation and additional separation requirements for the retail RSP. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. Ordinance No. NS-XXX Page 32 of 68 City Council 22 — 104 10/4/2022 2. New non -retail commercial cannabis applicants wishing to co -locate additional non -retail (cultivation, distribution, and/or manufacturing) uses may submit a single RSP for the proposed activity or activities. The RSP application must meet any applicable requirements of the RSP as outlined in Sections 40-8 and 40-9. A single RSP that lists any and all approved cannabis business activity/activities may be renewed annually thereafter. 4. Regulatory Safety Permit Annual Renewal. a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application under penalty of perjury on the required form with the Director of Planning and Building or his or her designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said permit should be renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. c. Compliance with Section 40-1(C) to provide for community benefits is required for all commercial cannabis businesses seeking renewal of the RSP. 5. Appeal of Denial of Regulatory Safety Permit/Denial of RSP Renewal. The Executive Director of the Planning and Building Agency or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with all other relevant information, and determine if a RSP should be granted and/or renewed based on compliance with all applicable provisions of the Santa Ana Municipal Code. If the Executive Director of the Planning and Building Agency determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Ordinance No. NS-XXX Page 33 of 68 City Council 22 — 105 10/4/2022 Sec. 40-9.1. Non -retail commercial cannabis business (cultivation, manufacturing, distribution, and testing facility/laboratory) selection process. 1. Non -Retail Commercial Cannabis Businesses — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required. a. Every Non -Retail Commercial Cannabis Business shall apply for the Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application) in the manner described in Section 40-9, except that the Director of the Planning and Building Agency or his or her designee may accept Phase 1 and Phase 2 applications for a Non -Retail Commercial Cannabis Business concurrently, and shall review such applications and issue the Regulatory Safety Permit Application without consideration of the merit based point system, insofar as the applications satisfy all other requirements of this article. b. Applications for a Non -Retail Commercial Cannabis Business shall be accepted during normal City Hall business hours and are not subject to the thirty (30) day Phase 1 or Phase 2 application periods. Sec. 40-9.2. Commercial cannabis consumption lounge permitting process. 1. After the adoption of this Ordinance, the Executive Director of the Planning and Building Agency shall prepare application forms to evaluate a proposed commercial cannabis consumption lounge. Each commercial cannabis retail business interested in operating a consumption lounge pursuant to this article may submit an RSP application together with a non-refundable processing fee in an amount established by the City Council. a. Beginning the effective date Ordinance No. NS-XXXX (January 1, 2023) and for one year thereafter (until January 1, 2024), the City shall only accept RSP applications for commercial cannabis consumption lounges from those licensed commercial cannabis retail business with a valid RSP in the City of Santa Ana that are in compliance with and having provided the attestation form signed by a Bona Fide Labor Organization pursuant to Section 40-16 of this Chapter. b. Beginning January 1, 2024, the City shall accept RSP applications for commercial cannabis consumption lounges from any other licensed commercial cannabis retail business with a valid RSP in the City of Santa Ana. 2. The Director or his or her designee shall determine whether each RSP application demonstrates compliance with this article as prescribed by Section 40-9 of this Chapter and notify the applicant of the outcome of the application as either eligible or ineligible. 3. Qualified Consumption Lounge Applicants shall be notified by the City that they may submit any/all required documentation and plan drawings to complete the City's plan check and permitting process to construct a consumption lounge. Ordinance No. NS-XXX Page 34 of 68 City Council 22 — 106 10/4/2022 4. Upon notification of eligibility, applicants shall have 180 days to complete the plan check and construction process, and be issued a certificate of occupancy, unless an extension is granted by the Executive Director of the Planning and Building Agency to resolve required building or site upgrades, modifications, repairs, or other property issue mitigations tied directly to construction of the lounge. Sec. 40-10. Audits - Commercial Cannabis Businesses. Annual audits. No later than September 30 of every year, each licensed commercial cannabis business, except commercial cannabis businesses licensed and operating solely as shared manufacturers, shall be liable to file with the City an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed commercial cannabis businesses which operate as microbusiness, or that operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XIII of this Code, or that are co -located on shared premises may file a consolidated independent audit or financial review. The form and contents of the document shall be specified by the Executive Director of Finance and Management Services, or his or her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed commercial cannabis businesses in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-11. Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any commercial cannabis business between the hours of 7:00 a.m. and 10:00 p.m., or at any reasonable time, to ensure compliance with this article. In addition, any police officer may enter and inspect the location of any commercial cannabis business and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the police department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible person, landlord, lessee, member including, but not limited to, a member engaged in the management), or any other person having any responsibility over the operation of the commercial cannabis business to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this article, including, but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. Sec. 40-12. Violation and enforcement. 1. Violation/enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the commercial cannabis business Ordinance No. NS-XXX Page 35 of 68 City Council 22 — 107 10/4/2022 Regulatory Safety Permit, revocation of the certificate of occupancy for the location, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and State laws for any violations committed by the commercial cannabis business and persons related or associated with the business. 2. Suspension or revocation. When an authorized City of Santa Ana representative finds that any person holding a Regulatory Safety Permit under the provisions of Chapter 40 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the Regulatory Safety Permit as set forth in Article XIII of this Chapter 18, s/he may revoke or suspend the permit. No such revocation shall become effective until the Regulatory Safety Permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of a hearing officer as provided for in Chapter 3 of the Santa Ana Municipal Code. Otherwise, the revocation shall become effective after the timely appeal period has passed. 3. State License Suspension/Revocation. Revocation or suspension of a Licensee's State issued commercial cannabis business permit or license by the State shall constitute a violation of this article and result in revocation of the Licensee's RSP. Sec. 40-13. Transfer of ownership. 1. Upon the transfer of any interest in a commercial cannabis business, the Regulatory Safety Permit shall be null and void. Any person, firm or entity desiring to own and operate the commercial cannabis business shall make a new Regulatory Safety Permit application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would not otherwise be entitled to do; and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the City Council shall be payable for each such application involving transfer of any interest in an existing commercial cannabis retail business. The provisions of this section shall apply to any person, firm, or entity applying for a Regulatory Safety Permit for premises previously used as such establishment. 2. Any such transfer of any interest in an existing commercial cannabis business or any application for an extension or expansion of the building or other place of business of Ordinance No. NS-XXX Page 36 of 68 City Council 22 — 108 10/4/2022 the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article. 3. The owner or operator of a commercial cannabis business shall be responsible for notifying the City of any intention to rename, change management, or convey the business to another person/entity. Notification to the City must be made a minimum of sixty (60) days prior to such transfer. Sec. 40-14. Limitations on the city's liability. To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis business approved pursuant to this chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall: 1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business or the prosecution of the applicant or business or its members for violation of federal or State laws; 2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or his or her designee; 3. Name the City as an additionally insured on all City required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and, 5. Agree to indemnify and reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. Sec. 40-15. Fees and taxes. All commercial cannabis businesses shall pay applicable fees and taxes, which shall include one (1) or more of the following: 1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis business. These fees may be divided into two (2) fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2). 2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non- refundable fee to cover the cost of processing an application renewal annually. Ordinance No. NS-XXX Page 37 of 68 City Council 22 — 109 10/4/2022 3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code. 4. Operating Agreement Fees. 5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana. 6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc. 7. All required federal taxes. Sec. 40-16. Tax Rates for Qualified Social Equity Commercial Cannabis Retail Business Operators. Commercial cannabis retail businesses opting -in to the social equity measures described in this subsection shall, upon confirmation of their certification as a Qualified Social Equity Commercial Cannabis Business Operator by the City of Santa Ana Planning and Building Agency, be eligible for the applicable rate of Commercial Cannabis Retail Business taxes payable on the socially equitable retail activities specified in their City of Santa Ana business license(s), as set forth in Section 21-133(d) of the Santa Ana Municipal Code. These activities are to include: Socially Equitable Adult -use Cannabis Retail Business (including Delivery and Consumption Lounge) and Socially Equitable Adult -use Cannabis Retail Business Temporary Consumption and/or Special Events. Qualified Social Equity Commercial Cannabis Retail Business tax rates become effective on the first day of the first calendar month following the issuance of a confirmation of qualification notification as set out hereunder by the City of Santa Ana Executive Director of the Planning and Building Agency or his or her designee. A Commercial Cannabis Retail Business seeking certification as a Qualified Social Equity Commercial Cannabis Retail Business shall provide documentation showing that it commits to and satisfies the following social equity measures to be eligible for Socially Equitable Adult -use Cannabis Retail Business tax rates: 1. Full-time jobs. Sixty percent (60%) of its workforce is hired for full-time work (paid hourly wages for an average of at least 32 hours per week or 1,664 hours per year). 2. Wages. Employees, not including supervisors, must receive wages that exceed 115 percent of the California minimum wage at the time of hire. This wage shall increase to 120 percent within three years of the effective date of this Ordinance. 3. Delivery Drivers. Delivery drivers must be reimbursed for mileage according to the Internal Revenue Service's Standard Mileage Rates. Ordinance No. NS-XXX Page 38 of 68 City Council 22 —110 10/4/2022 4. High Road Training Partnerships. Applicant participates in a High Road Training Partnership of the sort defined by Unemployment Insurance Code Section 14005 as amended from time to time and that is recognized by the State of California. 5. Social Equity Policy. The commercial cannabis retail business owner maintains a written social equity policy that describes: a. How the cannabis retail business owner aims to recruit, hire, and retain employees who reside in low-income census tracts in Santa Ana where at least fifty-one percent (51 %) of the current residents have a household income at or below eighty percent (80%) of the County Area Median Income; b. How the cannabis retail business owner will partner with Community Benefit Organizations or its High Road Training Program to recruit, hire, and retain employees arrested or convicted for a crime relating to the sale, possession, use or cultivation of cannabis prior to November 8, 2016 that could have been prosecuted as a misdemeanor or citation under Current California law, or currently receiving unemployment benefits. c. Any other measures or employee benefits aimed to address the disproportionate impact of the War on Drugs in certain communities affected by it. 6. Equity Opportunities. a. An "Equity Employee" is a natural person who resides in low-income census tracts in Santa Ana where at least fifty-one percent of the current residents have a household income at or below eighty percent (80%) of the County Area Median Income. b. On or before Jan 1, 2024, Applicants must demonstrate that forty percent (40%) of all employees employed in the last tax period were Equity Employees, or demonstrating that hourly, non-supervisorial employees receive employee stock ownership options or other equity. 7. Local Hiring. The commercial cannabis business owner demonstrates that: a. Beginning January 1, 2023, the cannabis retail business owner demonstrates that twenty percent (20%) of its employees reside within the City of Santa Ana, then b. Beginning January 1, 2024, the cannabis retail business owner demonstrates that forty percent (40%) of its employees reside within the City of Santa Ana. The Executive Director of the Planning and Building Agency or his or her designee shall determine whether each RSP application demonstrates compliance with this article as prescribed by Section 40-16 of this Chapter, and as prescribed by subsections 1 and 2 below. The Director or his or her designee shall notify the Finance and Management Services Agency of the outcome of the application as either eligible or ineligible for the socially equitable Adult -use Cannabis Retail Business tax rates referenced by this subsection. 1. To demonstrate conformance with the social equity measures promulgated by Section 40-16 of this Chapter, commercial cannabis retail business owners must submit an attestation form signed by a Bona Fide Labor Organization, as defined by Section 40- Ordinance No. NS-XXX Page 39 of 68 City Council 22 —111 10/4/2022 2 (19) of this Chapter, and a copy of an active Collective Bargaining Agreement with a Bona Fide Labor Organization that indicates the business is in compliance with the social equity measures of this subsection. The City may require any supplemental documentation as needed to review and verify the submitted attestation. 2. Proof of active participation in High Road Training Partnership recognized by the State of California can be demonstrated only by providing a signed letter on official letterhead from an administrator or trustee of the 501(c)(3), 501(c)(4), or 501(c)(5) entity responsible for managing the Training Partnership. The letter must confirm the High Road Training Partnership's State recognition and the business's participation, and shall describe the High Road Training Partnership, its constituent organizations, goals, and trainings offered to cannabis employees. A copy of a grant contract with the State of California that recognizes the program as a High Road Training Partnership shall be attached to the letter. The Responsible Agency shall create and maintain on file the required attestation form to be signed by a Bona Fide Labor Organization. Sec. 40-17 to 40-99. Reserved. Section 7. Article XIII of Chapter 18 of the Santa Ana Municipal Code (Medicinal Marijuana Collectives/Cooperatives) is hereby deleted in its entirety, renamed "Reserved," and re -adopted and amended as Article II of Chapter 40 of the Santa Ana Municipal Code to read as "Regulation of Commercial Cannabis Medicinal Retail Activities" as follows: ARTICLE II. — REGULATION OF COMMERCIAL CANNABIS MEDICINAL RETAIL ACTIVITIES Sec. 40-100. Purposes and intent. It is the purpose and intent of this article to regulate the collective distribution of medical marijuana at a commercial cannabis retail business in order to ensure the health, safety and welfare of the residents of the City of Santa Ana. The regulations in this article, in compliance with the Compassionate Use Act, the Medical Marijuana Program Act, and the California Health and Safety Code (collectively referred to as "State Law") do not interfere with a patient's right to use medical marijuana as authorized under State Law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons, as authorized under State Law. Under State Law, only qualified patients, persons with identification cards, and primary caregivers may cultivate medical marijuana collectively. Businesses operating as medical marijuana collectives shall comply with all provisions of the Santa Ana Municipal Code, State Law, the 2008 California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use, and all other applicable local laws. Nothing in this article purports to permit activities that are otherwise illegal under state or local law. Ordinance No. NS-XXX Page 40 of 68 City Council 22 —112 10/4/2022 Sec. 40-101. Definitions. (a) "Medical marijuana collective" or "cooperative" or "collective" means any facility otherwise known as a commercial cannabis medicinal retail or retailer, or location where medical marijuana is made available and/or distributed by or to one (1) or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code § 11362.5 et seq., as sometimes amended. This term shall include any legal form of business recognized in the State of California. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life -threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. (b) "Identification card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (c) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including, but not limited to, members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one (1) or more of the following functions shall be prima facie evidence that such person is a manager: (1) To hire, select, or separate employees or staff, including volunteers; (2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; (3) To disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) To make, or participate in making, policy decisions relative to the operations of the business. (d) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (e) "Medical marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. Ordinance No. NS-XXX Page 41 of 68 City Council 22 —113 10/4/2022 (f) "Primary caregiver" shall have the same definition as that contained in Health and Safety Code §§ 11362.5 and 11362.7, as sometimes amended. (g) "Qualified patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. (h) "Private Residence" shall have the same definition as that contained in Health and Safety Code §§ 11362.2(5) and 17922. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. (i) "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. Q) "Marijuana Products" shall have the same definition as that contained in Health and Safety Code § 11018.1. (k) "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code § 11018.2. (1) "Personal Cultivation" shall mean the planting, growing, harvesting, drying, curing, grading or trimming of marijuana plants for personal use within a private residence or accessory structure to a private residence. (m) "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one (1) or more lockable doors. (n) "Dispensary" means a premises where medical cannabis or medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Business and Professions Code § 19340, medical cannabis and medical cannabis products as part of a retail sale. Sec. 40-102. Scope of article. The operating standards established in this article apply to any site, facility, location, use, cooperative or business currently operating in the City of Santa Ana, or which commences operations after the effective date of this article, that distributes, dispenses, stores, sells, exchanges, processes, delivers, or gives away, medical marijuana to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code § 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any state regulations adopted in furtherance thereof. Any collective in the City of Santa Ana shall operate in conformance with the operating standards set forth in this Ordinance No. NS-XXX Page 42 of 68 City Council 22 —114 10/4/2022 Code to assure that the operations of the collective are in compliance with California law and to mitigate the adverse secondary effects from operations of dispensaries. Sec. 40-103. Operating Standards. (a) No recommendations from a doctor for medical marijuana shall be issued on -site. (b) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one (1) year old, for medical marijuana use by the patient. (c) A collective shall notify patrons of the following through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. (d) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use (e) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on -site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on -site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off -site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six (6) inches in length, and which can be used to grow another plant in a different location. Ordinance No. NS-XXX Page 43 of 68 City Council 22 —115 10/4/2022 (f) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. Sec. 40-104 Medical Marijuana Waitlist. (a) Pursuant to Ordinance No. NS-2864, adopted December 9, 2014, the Director of Planning and Building shall prepare Cooperative/Collective registration application forms and a related administrative policy. Each collective interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. Within 60 days after the adoption of Ordinance No. NS-2864, the Director shall stop accepting applications and process all applications received. (b) The Director or his or her designee shall have determined whether each application demonstrates compliance with this article. Each application that is in compliance with this article shall be placed on the "Qualified Registration Applicant List" and the Director shall notify the applicant in writing that it is a "Qualified Registration Applicant." (c) Once all applications are processed, the Director shall have held an independent selection process ("lottery") in an open and public location and select 20 applications. The 20 applications chosen through the independent selection process (lottery) will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List." Each applicant on the RSP Eligibility List may then choose to file an application for a RSP pursuant to section 40-9. All applicants identified on the RSP Eligibility List following the February 5, 2015 independent selection process (lottery) shall be required to concurrently: (1) File an application for an RSP and (2) Submit all required construction plans for plan check by the City by March 30, 2023, subject to the requirements of this Chapter and other applicable chapters of the Santa Ana Municipal Code, and be operational with sustained business activity within 180 days of construction permit issuance. An extension may be issued for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning and Building or his or her designee. Failure to satisfy these requirements by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist described in subsection (d). Relocation is permitted pursuant to Section 40-7 of this Chapter. (d) Qualified Registration Applicants will appear on the "Qualified Registration Applicant List" in the order that they are selected during the independent selection process (lottery). This list is the Waitlist. The Waitlist will become active if (1) an applicant on the RSP Eligibility List is disqualified from that List; (2) a location appearing on the RSP Eligibility List becomes available; or (3) a location not appearing on the RSP eligibility list becomes available. A Qualified Registration Applicant's ability to move from the Waitlist to the RSP Eligibility List is determined by the applicant's proposed medical marijuana collective location and the applicant's position on the Waitlist. Ordinance No. NS-XXX Page 44 of 68 City Council 22 —116 10/4/2022 (e) A Qualified Registration Applicant that moves from the Waitlist to the RSP Eligibility List must submit a completed RSP application within three (3) months following issuance of a written notice advising the applicant of that opportunity. Failure to submit a completed RSP application by that deadline will disqualify the applicant from the RSP Eligibility List and the Waitlist. (f) The Director shall maintain the Waitlist and update it on an annual basis unless terminated pursuant to subsection 40-104 (g) through 0). A Qualified Registration Applicants on that Waitlist must submit a written request each year to maintain its status on the waitlist. (g) Relocation of an existing and licensed medical marijuana collective or medical marijuana cooperative as defined in Article II of this Chapter that is operating in full compliance with the provisions of this Article is permitted subject to Section 40-7 of this Chapter. Sec. 40-105. Maintenance of records. A medical marijuana collective shall maintain records at the location accurately and truthfully documenting: (a) The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; (b) The full name, address, and telephone number(s) of all members who are engaged in the management of the collective and the exact nature of each member's participation in the management of the collective; (c) The full name, address, and telephone number(s) of all patient members to whom the collective provides medical marijuana, a copy of a government -issued identification card for all patient members; (d) The full name, address, and telephone number(s) of all primary caregiver members to whom the collective provides medical; (e) All receipts of the collective, including but not limited to all contributions, reimbursements, and reasonable compensation, whether in cash or in kind, and all expenditures incurred by the collective for the cultivation of medical marijuana; and (f) Proof of compliance with the California Attorney General Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use. These records shall be maintained by the collective for a period of five (5) years and shall be made available by the collective to the police department and/or community preservation division upon request. If they are not produced as requested the city may seek a search warrant, subpoena, or court order. In addition to all other formats that the collective may maintain, these records shall be stored by the collective at the location in a printed format in its fireproof safe. Any loss, damage or destruction of the records shall Ordinance No. NS-XXX Page 45 of 68 City Council 22 —117 10/4/2022 be reported to the police department within twenty-four (24) hours of the loss, destruction or damage. Sec. 40-106. Audits — Cooperatives/Collectives. Annual audits. No later than September 30 of every year, each licensed medical marijuana collective shall be liable to file with the city an independent audit or financial review of its operations of the previous calendar year. Provided, however, that licensed collectives which operate on a vertically or horizontally integrated basis as established in Chapter 21, Article XII of this Code, or that are co -located on shared premises may file a consolidated audit or independent financial review. The form and contents of the document shall be specified by the executive director of finance and management services, or his/her designee(s). The Executive Director of Finance and Management Services, or his or her designee(s) may waive this requirement for certain licensed collectives in accordance with guidelines established by the Finance and Management Services Agency. Sec. 40-107. Applicability to existing medical marijuana operations. Any existing medical marijuana collective, dispensary, operator, establishment, or provider that does not comply with the requirements of this article must immediately cease operation until such time, if any, when it complies fully with the requirements of this article. No medical marijuana collective, dispensary, operator, establishment, or provider that existed prior to the enactment of this article shall be deemed to be a legally established use under the provisions of this article, and such medical marijuana collective, dispensary, operator, establishment, or provider shall not be entitled to claim legal nonconforming status. Sec. 40-108. Compliance with this article and state law. (a) It is unlawful for any person to: Cause, permit or engage in the giving away of marijuana, or ii. Own, establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent, responsible person or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. iii. The prohibition in subsection (ii) above includes, renting, leasing, or otherwise permitting a medical marijuana business to occupy or use a location, vehicle, or other mode of transportation. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code § 11362.5 et seq., and pursuant to any and all other applicable local and state laws. Ordinance No. NS-XXX Page 46 of 68 City Council 22 —118 10/4/2022 (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the City under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana. (e) Cultivation of Marijuana. (1) Personal Cultivation. Individuals twenty-one (21) years of age or older may plant, cultivate, harvest, dry, or process up to six (6) living marijuana plants for personal (non-commercial) use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; ii. No more than six (6) living marijuana plants is permitted for indoor personal cultivation; iii. Marijuana in excess of twenty-eight and one-half (28.5) grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the grounds of the private residence not visible from the public right -of way. iv. There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of-way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or V. The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or cannabis is prohibited anywhere in the City except as allowed and regulated in Article I of this Chapter. (3) Outdoor Cultivation. Outdoor commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor commercial cultivation of marijuana in the City. (4) Public Nuisance Prohibited. Ordinance No. NS-XXX Page 47 of 68 City Council 22 —119 10/4/2022 (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana, except as allowed and regulated in Chapter 40 of the Santa Ana Municipal Code. (f) A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. (g) Non -Retail Commercial Cannabis Businesses for Medicinal and Adult -Use Cannabis as defined in Article I of Chapter 40 of the Santa Ana Municipal Code (SAMC) are permitted subject to the regulations and standards contained within Chapter 40 of the SAMC. Section 8. Section 21-127 of Article XII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-127. - Marijuana collectives/cooperatives—Annual business license tax assessment. (a) Annual business license tax assessment for marijuana collectives/cooperatives. (1) Every collective/cooperative whether it is organized or conducted as a "not for profit" business, a "non-profit" business, or a "for -profit" business, shall Ordinance No. NS-XXX Page 48 of 68 City Council 22 — 120 10/4/2022 pay an annual business license tax in accordance with Chapter 21 and the sections and subsections hereunder. (2) For the purposes of this article, a marijuana collective/cooperative is defined in section 40-101(b) and is considered to be a business as that term is defined in section 21-3. (3) For the purposes of this article, a collective/cooperative is not considered to be a religious or charitable organization. (4) "Medical marijuana collective/cooperative" or "collective/cooperative" shall mean any activity regulated or permitted by chapter 40. (5) For the purposes of this article, a marijuana collective/cooperative is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49. (6) For the purposes of this article, a "nonprofit organization" shall mean any institution or organization that is exempted from taxes measured by income or gross receipts pursuant to Article XIII, Section 26 of the California Constitution as codified under Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code and Section 37101 (c) of the Government Code or Sub -Chapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986. An institution or organization operating as a collective/cooperative and claiming a gross receipts assessment business license tax exemption under this section shall have the burden of furnishing to the collector such information as the collector may require to validate the claim of exemption including but not limited to such a determination by the California Franchise Tax Board or any other information requested by the collector. (7) For the purposes of this article, "gross receipts" shall mean any transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary consideration for marijuana whatsoever, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation or provision of marijuana or any transaction related thereto. "Gross receipts" shall also include without limitation anything else of value obtained by a collective/cooperative. The term "gross receipts" shall also include the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act Ordinance No. NS-XXX Page 49 of 68 City Council 22 — 121 10/4/2022 or employment is done as a part of or in connection with the sale of goods, wares, merchandise, for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included. "Gross receipts" shall also include the amount of any federal, manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any California state, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. "Gross receipts" shall be calculated without any deduction on account of any of the following: (i) The cost of tangible property sold or bartered; (ii) The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; or (iii) The cost of transportation of the marijuana, or other property or product. (b) Business license tax rates for marijuana collectives/cooperatives. (1) Every collective/cooperative, excepting a qualified "nonprofit organization," whether it is organized or conducted as a "not for profit" business, a "non- profit" business, or a "for -profit" business, shall pay a separate business license tax at a rate of up to ten (10) percent of the gross receipts generated or otherwise received for each branch establishment or separate property location of the business. The gross receipts tax shall be initially set at a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax shall not be adjusted for inflation pursuant to section 21-121. Ordinance No. NS-XXX Page 50 of 68 City Council 22 — 122 10/4/2022 (2) Notwithstanding the maximum tax rate of ten (10) percent of gross receipts imposed under subsection (b)(1), the city council may in its discretion at any time by ordinance implement a lower gross receipts tax rate for all marijuana collectives/cooperatives, as defined in such ordinance, subject to the maximum rate of ten (10) percent of gross receipts. The city council may by ordinance increase any such gross receipts tax rate from time to time, not to exceed the maximum gross receipts tax rate established under subsection (b)(1). (3) Effective January 1, 2018, the gross receipts tax initially set at a rate of five (5) percent pursuant to subsection (b)(1), shall be increased to a rate of six (6) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (4) Effective January 1, 2023, the gross receipts tax is set at a rate of six (6) percent pursuant to subsection (b)(3), shall be decreased to a rate of five (5) percent. The maximum tax rate shall not exceed ten (10) percent of gross receipts. This tax rate shall not be adjusted for inflation pursuant to section 21-121. (5) As part of the gross receipts tax imposed by this article, each collective/cooperative shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each separate branch location or separate property location of the business. (c) Modification, repeal or amendment. The city council may repeal the ordinance codified in this article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The city council may likewise by ordinance adopt and add additional provisions to any other article of this chapter and relate them to this article, or amend any existing provisions of any article of this chapter as they may already relate to this article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the city council repeals said ordinance or any provision of this article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (d) Administration —Rules, regulations, and guidelines; interpretation/clarification. In order to aid in the city's collection of taxes due under this article and to ensure that all marijuana collectives/cooperatives are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this chapter with the provisions of this article in any manner not inconsistent with the Ordinance No. NS-XXX Page 51 of 68 City Council 22 — 123 10/4/2022 intent of this article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this article. (e) Occasional transactions —Exemptions. (1) The provisions of this article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of marijuana collective/cooperative business at the request of a specific patient, client or customer, provided that such person does not come into the city for the purpose of transacting business on more than five (5) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting collective/cooperative activities, the business tax payable by such person may be apportioned by the collector in accordance with this chapter. (f) Reporting and remittance. Beginning as set forth in subsection (k) below, and monthly thereafter, each marijuana collective/cooperative (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts) required to pay a tax based on gross receipts under this article, shall report to the city any gross receipts received during the preceding monthly reporting period and shall likewise remit to the city the taxes due and owing during said period. For purposes of this section, month shall mean calendar month, and taxes shall begin to accrue on the date that a person or entity first receives a business license or other permit to operate as a collective/cooperative. The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance subsection (b)(3), shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new collective/cooperative the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (g) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this article when due shall be subject to penalties and interest as set forth in accordance with this chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this chapter and failure Ordinance No. NS-XXX Page 52 of 68 City Council 22 — 124 10/4/2022 to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this chapter. (h) Payment of tax does not authorize unlawful business. (1) The payment of a business tax required by this article, and its acceptance by the city, shall not entitle any person to carry on any collective/cooperative unless the person has complied with all of the requirements of this Code and all other applicable laws, nor to carry on any collective/cooperative in any building or on any premises in the event that such building or premises are situated in a zone or locality in which the conduct of such collective/cooperative is in violation of any law. (2) No tax paid under the provisions of this article shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any legal business in an illegal manner, or any business in violation of any ordinance of the city. Nothing in this article implies or authorizes that any activity connected with the distribution or possession of marijuana is legal unless otherwise authorized and allowed by California and federal law. Nothing in this section shall be applied or construed as authorizing the sale of marijuana. (i) Business license tax certificate —Required. There are imposed upon all persons engaged in transacting and carrying on any collective/cooperative business activity in the city taxes in the amounts prescribed in this article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this chapter and having paid the taxes set forth in this article, and without complying with any and all applicable provisions contained in this chapter. The carrying on of any collective/cooperative without complying with all the provisions of this article shall constitute a separate violation of this chapter for each and every day that such collective/cooperative is so carried on. Q) Classification of business license assessment type —Term and renewal. The business license issued to marijuana collectives/cooperatives shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) and shall be subject to renewal in accordance with sections 21- 72(c), 21-73(c), and 21-77. (k) Operative date. Upon the approval by the majority of the voters of the city at the November 4, 2014 general election, the taxes imposed by this article shall become operative and shall be applied by the collector upon all marijuana col lectives/cooperatives. (1) Operative date of increased or decreased gross receipts tax rate. The gross receipts tax set initially at a rate of five (5) percent pursuant to subsection (b)(1) [(Ordinance No. NS-2864, Section 5, adopted 12-9-14)] and increased to a rate of six (6) percent Ordinance No. NS-XXX Page 53 of 68 City Council 22 — 125 10/4/2022 effective January 1, 2018, pursuant to subsection (b)(3) [(Ordinance No. NS-2930, Section 8, adopted 11-21-17)], shall be decreased to a rate of five (5) percent effective January 1, 2023, pursuant to subsection (b)(4) [(Ordinance No. NS-XXXX, Section 8, adopted XX-XX-XX)]. (m) Notwithstanding the tax rates imposed herein under subsection (1), the City Council may, in its discretion, at any time by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rate established by subsections (b)(2). Section 9. Section 21-133 of Article XIII of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-133. Commercial cannabis businesses —Annual business license tax assessment. Every person engaged in a "commercial cannabis business" or "commercial cannabis activity" shall pay an annual business license tax as outlined below. This Article shall not apply, except with respect to medical marijuana cooperatives/collectives (also referred to as medicinal commercial cannabis medicinal retail businesses) which are vertically and/or horizontally integrated with commercial cannabis businesses, to medical marijuana cooperatives/collectives which are governed by Article XII of this Chapter, or to personal cultivation as defined in section 40-101(b) of this Code. (a) For each branch establishment or separate property location of a commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location, the higher of the two (2) following tax rates shall be due to the City for each monthly reporting period: (1) Up to ten percent (10%) of each dollar of gross receipts received or generated for each monthly reporting period. (2) Up to $35.00 per square foot (annual tax rate) prorated monthly to one - twelfth (1/12th) of the annual tax rate amount. (b) These tax rates shall not be adjusted for inflation pursuant to section 21-121 of this Chapter. (c) Notwithstanding the tax rates imposed herein under subsection (a), the City Council may, in its discretion, at any time by resolution, implement any lower tax rate it deems appropriate, and may by resolution increase such tax rate from time to time, not to exceed the maximum rates established by subsection (a). (d) As of the operative date of this Article, the business license gross receipts tax rates and square footage tax rates application to specific commercial cannabis business activities have been established by city ordinance [(Ordinance No. NS-2962, Ordinance No. NS-XXX Page 54 of 68 City Council 22 — 126 10/4/2022 Section 2 (Exhibit A-1), adopted 11-6-18; and Ordinance No. NS-2972, Section 7, adopted 9-3-19)] and by the following resolutions as referenced herein below in subsections (s), (t), and (u). Gross Receipts Gross Square Commercial Cannabis Business Activity Tax Rate Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery) (effective beginning December 21, 2018 through 8% $ 25.00 December 31, 2022) Adult -use Cannabis Retail Business (including Delivery, but not including Consumption Lounge and Temporary 7% $ 25.00 Consumption and/or Special Events) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (including Delivery and Consumption Lounge) 7% $ 25.00 (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events) 7% $ 0.00 (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business (including Delivery and Consumption Lounge) 5% $ 25.00 (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events) 5% $ 0.00 (effective beginning January 1, 2023) Cultivation (effective December 21, 2018 through December 31, 6% $ 10.00 2022) Cultivation 1% $ 7.00 (effective beginning January 1, 2023) Distribution (effective December 21, 2018 through December 31, 6% $ 4.00 2022) Distribution 1% $ 3.00 (effective beginning January 1, 2023) Ordinance No. NS-XXX Page 55 of 68 City Council 22 — 127 10/4/2022 Manufacturing (effective December 21, 2018 through December 31, 6% $ 10.00 2022) Manufacturing ° 1/ $ 3.00 (effective beginning January 1, 2023) Shared Manufacturing ° 1/ $ 0.00 (effective beginning January 1, 2023) Adult -use Retail Microbusinesses Adult -use Retail $ 25.00 (Tax rates apply proportionally to microbusiness activities 8% Cultivation & corresponding to Adult -use Retail [Adult -use Retail Cultivation, Manufacturing (including Delivery)] / Cultivation / Manufacturing / Distribution & $ 10.00 Distribution) Manufacturing (effective October 4, 2019 through December 31, 2022) 6% Distribution $ 4.00 Microbusinesses Adult -use Retail (Tax rates apply proportionally to microbusiness' activities Adult-useRetail $ 25.00 corresponding to Adult -use Retail [Adult -use Retail 7% ��0 Cultivation (including Delivery, but not including Consumption Lounge Cultivation, $ 7.00 and Temporary Consumption and/or Special Events)] / Distribution & Distribution & Cultivation / Manufacturing / Distribution) Manufacturing Manufacturing (effective beginning January 1, 2023) 1% $ 3.00 Testing Facility or Testing Laboratory ° 5/ $ 1.50 (effective December 21, 2018 through June 30, 2019) Testing Facility or Testing Laboratory 1% $ 1.50 (effective July 1, 2019) With respect to commercial cannabis businesses not having a fixed place of business within the city but conducting regular, non -incidental commercial cannabis business activities within the city, such businesses shall be subject to the gross receipts tax rate(s) pursuant to this Article based on the category/categories of commercial cannabis activity conducted. However, such out-of-town commercial cannabis businesses shall not be subject to any gross square footage tax rate(s). (e) As part of the annual gross receipts/square footage tax(es) imposed by this Article, each commercial cannabis business located within the city shall pay a minimum Ordinance No. NS-XXX Page 56 of 68 City Council 22 — 128 10/4/2022 basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, and for each separate type of commercial cannabis business conducted at the same location. Commercial cannabis businesses having no fixed place of business within the city shall be exempted from this requirement. Provided, however, as follows: M that commercial cannabis microbusinesses shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis business conducted at the same location; and that City licensed commercial cannabis retail businesses which are also licensed by the City for adult -use cannabis retail business (temporary consumption and/or special events), or socially equitable adult -use cannabis retail business (temporary consumption and/or special events) shall pay a minimum basic rate of two thousand dollars ($2,000.00) annually for each branch establishment or separate property location of the commercial cannabis business transacted and carried on in the city, but not for each separate type of commercial cannabis retail business conducted at the same location; and that whenever in the discretion of the Collector, for the purposes of more fully achieving the intent of this Article, or to more efficiently and equitably administer the provisions of this Article, additional administrative commercial cannabis business licenses are required to allow the for the recognition of fee - exempt activities, or to allow for the separate accounting and apportionment of one or more taxable endeavors relating to sub -activities incorporated within a consolidated commercial cannabis tax activity under subsection (d), then the Collector shall require that the affected commercial cannabis business obtain such administrative license(s), and in the case of taxable activities, separately report and pay the applicable gross receipts tax(es) due under the consolidated commercial cannabis tax activity to which said administrative license(s) relate. In such case, the minimum basic rate of two thousand dollars ($2,000.00) annually per license, shall not be applied, however, such administrative license(s) are subject to all other requirements under this Chapter, including all applicable licensing charges and service fees. (f) In the event the City should in the future permit additional categories of commercial cannabis business activity, as may from time to time be licensed by the State of California, such categories of commercial cannabis activities shall be subject to the same maximum tax rates as imposed herein. The City may by ordinance of the City Ordinance No. NS-XXX Page 57 of 68 City Council 22 — 129 10/4/2022 Council initially set the required gross receipts/gross square footage tax rates based on category of cannabis business activity at lesser rates as may be deemed appropriate by the City Council. (g) For purposes of this Article, a commercial cannabis business is not considered to be a business or person having a "specified exemption" or "specified exclusion" from business license taxation as set forth in sections 21-48 and 21-49 of this Chapter. (h) For purposes of this Article any person claiming an exemption from the gross receipts tax rate component of the combined gross receipts/square footage tax imposed under this Article on the basis of a claim of being a qualified "nonprofit organization" shall have the burden of substantiating their claim to the same extent and in the same manner as a marijuana collective/cooperative in accordance with section 21-127(a)(6) of this Chapter. (i) Cannabis businesses shall not pass the taxes imposed by this Article through to an adult -use cannabis retail business customer or commercial cannabis business customer in any fashion except as part of the basic product sales and/or service price. Q) Definitions. For purposes of this Article, the following terms have the following meanings: (1) "Adult -Use cannabis retail business" as defined in section 40-2(4) of this Code. (2) "Commercial Cannabis Activity" as defined in section 40-2(9) of this Code. (3) "Commercial cannabis business" as defined in section 40-2(10) of this Code excluding medical marijuana collectives/cooperatives also referred to as medicinal cannabis retail sales. "Commercial cannabis adult -use retail business" as defined in section 40- 2(39.4). tQ "Consumption Lounge" as defined in section 40-2(39.1) of this Code. "Cultivation" as defined in section 40-2(11) of this Code. M "Delivery" as defined in section 40-2(13) of this Code. "Distribution" as defined in section 40-2(16) of this Code. "Gross receipts" — section 21-3 of this Chapter notwithstanding, "gross receipts" for the purposes of this Article shall mean: (A) Transfer of title or possession, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever, of tangible personal property for a consideration including any monetary Ordinance No. NS-XXX Page 58 of 68 City Council 22 — 130 10/4/2022 consideration for cannabis, including, but not limited to, membership dues, reimbursements provided by members, regardless of form, or the total amount of cash or in -kind contributions, including all operating costs related to the growth, cultivation, manufacturing, distribution, testing, or provision of cannabis or any transaction related thereto. (B) Anything else of value obtained by an a cannabis business; (C) The total amount of the sale price of all sales and services; (D) The total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether or not such service, act or employment is done as a part of or in connection with the sale of goods, wares, or merchandise (whether at wholesale or retail), for which a charge is made or credit allowed, including all refunds, cash credits and properties of any amount or nature; (E) Any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom, on account of the cost of the property sold, the cost of materials used, the labor or service cost, interest paid or payable, losses, or any other expense whatsoever; provided that cash discounts allowed or payment on sales shall not be included; (F) The amount of any federal manufacturer's or importer's excise tax included in the price of property sold, even though the manufacturer or importer is also the retailer thereof; (G) The amount of any California state cannabis excise tax or state cannabis cultivation tax included in the price of the product; (H) "Gross receipts" shall not include the following: The amount of any federal tax imposed on or with respect to retail or wholesale sales or the sale of services whether imposed upon the cannabis business or the consumer whenever the amount of federal tax is authorized by law to be stated and passed through to customers as a separate charge. ii. Any California state, county, or city sales or use tax, including any add -on, district, or transaction and use tax, required by law to be included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit Ordinance No. NS-XXX Page 59 of 68 City Council 22 — 131 10/4/2022 allowances given or taken as part payment on any property so accepted for resale; or iii. The amount of the sale price of business personal property (all property owned or leased by a cannabis business operator used in the operation cannabis business activities, including but not limited to: furniture, fixtures, and business equipment); real property, including land, buildings and other improvements. iv. The amount of equity contributions, investments, and/or loan proceeds to cannabis business' operation, and/or proceeds from the sale or transfer of cannabis business' retail or commercial cannabis business. v. The amount of interparty sales and/or transfers of goods within a single vertically and/or horizontally integrated cannabis business, where the sales or transfers goods are between two or more commercial cannabis business licensees (excluding testing facilities or testing laboratories), or one or more said commercial cannabis business licensee(s) and one or more medicinal cannabis retail business licensee(s), as set forth in accordance with section 21-131.2 and/or section 21-142. (1) "Gross receipts" shall be calculated without any deduction on account of any of the following: i. The cost of tangible or intangible property sold or bartered; ii. The cost of materials or products used, labor or service cost, interest paid, losses, or other expense; iii. The cost of transportation of cannabis, or other property or product; iv. The amount of any federal or state income or franchise taxes; and v. Any other business costs or expenses, unless otherwise specifically exempted. (10) "Gross square foot" or "gross square footage" for the purposes of this Article shall mean: (A) In the case of commercial cannabis businesses licensed by the state to engage in an adult -use cannabis retail business, the gross number of square feet comprising the adult -use cannabis retail property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ordinance No. NS-XXX Page 60 of 68 City Council 22 — 132 10/4/2022 Ana Planning and Building Agency, whichever is the greater of any square footage indicated, whether such adult -use cannabis retail business is part of an on -site vertically or horizontally integrated cannabis business or not. (B) In the case of commercial cannabis businesses licensed by the state to engage in cultivation, the aggregate number of square feet comprising all areas of the premises under "canopy", whether such sum is greater or lesser than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy", and whether such commercial cannabis cultivation business is part of an on -site vertically integrated cannabis business or not. "Canopy" shall mean the designated area(s) of a premise that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous, but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which includes interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and if mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. Canopy shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent canopy measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's canopy is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then a canopy measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (C) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and that are not occupying Ordinance No. NS-XXX Page 61 of 68 City Council 22 — 133 10/4/2022 the same premises with another cannabis business, the gross number of square feet as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater of any square footage indicated. (D) In the case of commercial cannabis businesses licensed by the state to engage in distribution or manufacturing and occupying the same premises with another cannabis business, the gross number of square feet allocated by the commercial cannabis business owner/operator respectively for either distribution use or for manufacturing use, whether the combined sum of all uses is less than, equal to, or greater than the gross square footage as stated in the "approved building set" or "approved certificate of occupancy". The number of square feet allocated ("Allocated Square Footage") shall be subject to independent measurement and calculation by duly authorized employees or agents of the City at the time of application for a Santa Ana Business License and annually thereafter at the time of the renewal of such license, or more often as may be deemed necessary in the discretion of the collector. Whenever an independent allocated square footage measurement and calculation is required under the terms of this Article or whenever the collector in his or her discretion determines that the independent measurement and calculation of a licensee's allocated square footage is desirable to effectuate the proper assessment or collection of the business license taxes required to be paid under the terms of this Chapter, or for any other purposes related to the express aims of this Article then an Allocated Square Footage measurement shall be performed and a corresponding service fee shall be applicable in the amount as specified by resolution of the City Council. (E) In the case of commercial cannabis businesses licensed by the state to engage in testing facilities or testing laboratory businesses, the gross number of square feet comprising such commercial cannabis business' property location as confirmed by the corresponding "approved building set" or "approved certificate of occupancy" on file with the City of Santa Ana Planning and Building Agency, whichever is the greater. (11) "Manufacturing" as defined in section 40-2(22) of this Code. (12) "Microbusiness" as defined in section 40-2(24) of this Code. Ordinance No. NS-XXX Page 62 of 68 City Council 22 — 134 10/4/2022 (13) "Consumption Lounge" as defined in section 40-2(39.1) of this Code. (14) "Qualified Social Equity Adult -use Cannabis Retail Business" as set out in section 40-16 of this Code. To include: "Socially Equitable Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges)", and "Socially Equitable Adult -use Cannabis Retail Business Temporary Consumption and/or Special Events)". (15) "Retail business" as defined in section 40-2(39) of this Code. (16) "Shared manufacturing" as defined in section 40-2(22.5) of this Code. (17) "Temporary Consumption Event" and "Temporary Consumption Festival" as defined in section 40-2(39.2 and 39.3) of this Code. (18) "Testing Facility" or "Testing Laboratory" as defined in section 40-2(43) of this Code. (19) "Wholesale" as defined in section 40-2(44) of this Code. (k) Modification, repeal or amendment. The City Council may repeal the ordinance codified in this Article, or amend it in a manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. The City Council may likewise by ordinance adopt and add additional provisions to any other Article of this Chapter and relate them to this Article, or amend any existing provisions of any Article of this Chapter as they may already relate to this Article in any manner which does not result in an increase in the tax or taxes imposed herein, without further voter approval. If the City Council repeals said ordinance or any provision of this Article, it may subsequently reenact it without voter approval, as long as the reenacted ordinance or section does not result in an increase in the tax or taxes imposed herein. (1) Administration —Rules, regulations and guidelines. In order to aid in the city's collection of taxes due under this Article and to ensure that all commercial cannabis businesses are taxed consistently to the best of the city's ability, the collector, with the concurrence of the city attorney, may promulgate rules, regulations, and guidelines, to implement and administer this Article including, but not limited to rules, regulations, and guidelines harmonizing other provisions of this Chapter with the provisions of this Article in any manner not inconsistent with the intent of this Article and which does not result in an increase in the tax or taxes imposed herein. The collector may also, with the concurrence of the city attorney, interpret or clarify the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Article. Ordinance No. NS-XXX Page 63 of 68 City Council 22 — 135 10/4/2022 (m) Occasional transactions —Exemptions. (1) The provisions of this Article shall not apply to persons having no fixed place of business within the city who come into the city for the purpose of transacting a specific item of commercial cannabis business at the request of a specific client or customer, incidental to a commercial cannabis business principally established elsewhere, provided that such person does not come into the city for the purpose of transacting such business on more than three (3) days during any calendar year. (2) For any person not having a fixed place of business within the city who comes into the city for the purpose of transacting commercial cannabis business activities, the business license tax(es) payable by such person may be apportioned by the collector in accordance with this Chapter. (n) Reporting and remittance. (1) Beginning as set forth in subsection (r) below, and monthly thereafter, each commercial cannabis business required to pay a tax or taxes based on gross receipts under this Article (except qualified nonprofit organizations exempt from taxes measured by income or gross receipts), shall report to the city any gross receipts received during the preceding monthly reporting period. In addition, each cannabis business (including qualified nonprofit organizations) required to pay a tax or taxes based on square footage shall report to the city the gross square footage of the cannabis business' property location. Every cannabis business shall then compute the business license taxes at both the gross receipts rate and the gross square footage rate - prorated monthly to one -twelfth (1/12th) of the annual tax rate amount - and shall then remit to the city the amount of the higher of the two tax calculations due and owing during said period in accordance with section 21-133, subsection (d). In the case of a qualified nonprofit organization only the gross square footage computation shall be made and the amount of such calculation shall represent the amount due and owing during said period. All reporting and remitting made shall be done in accordance with instructions from the collector and shall be made using forms provided or approved by the collector. (2) For purposes of this section, month shall mean calendar month and shall include any fraction of a month. Taxes shall begin to accrue on the date that a person or entity first receives a business license or other city permit to operate as a commercial cannabis business or upon the operative date of this Article should a person or entity already possess a commercial cannabis business license or other city permit to operate as a commercial cannabis business. Ordinance No. NS-XXX Page 64 of 68 City Council 22 — 136 10/4/2022 (3) The payment of the two thousand dollars ($2,000.00) minimum basic rate gross receipts tax required annually for each separate branch location or separate property location of the business in accordance with this section, shall be made annually prior to the beginning of the fiscal year beginning April first of the current year and expiring on the 31 st day of March of the following year. In the case of a new commercial cannabis business the minimum basic rate gross receipts tax shall be paid in advance prior to any new business activity being undertaken. Every new licensee shall pay in advance an amount equal to one -quarter ('/4) of the annual minimum basic rate gross receipts tax, for each quarter and fraction of a quarter remaining during the period for which the new license is issued. (o) Delinquent date —Penalty. Any individual or entity who fails to pay the taxes required by this Article when due shall be subject to penalties and interest as set forth in accordance with this Chapter. The collector is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Article and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Article. (p) Business license tax certificate/receipt—Required. There are imposed upon all persons engaged in transacting and carrying on any commercial cannabis business activity in the city taxes in the amounts prescribed in this Article. It shall be unlawful for any person, either for him or herself or for any other person, to commence, transact or carry on any business in the city without first having procured a business license from the city under this Chapter and having paid the taxes set forth in this Article, and without complying with any and all applicable provisions contained in this Chapter. The carrying on of any commercial cannabis business activity without complying with all the provisions of this Article shall constitute a separate violation of this Chapter for each and every day that such commercial cannabis activity is so carried on. (q) Classification of business license assessment type —Term and renewal. The business license issued to commercial cannabis businesses shall be classed as a gross receipts assessment type, issued for the same term of license as set forth in subsection 21-71(c) of this Chapter and shall be subject to renewal in accordance with sections 21-72(c), 21-73(c), and 21-77. (r) Operative date. Upon the approval by the majority of the voters of the city at the November 6, 2018 general election, the taxes imposed by this Article shall become operative and shall be applied by the collector upon all commercial cannabis businesses. (s) Operative date of decreased gross receipts tax rate (Testing Facilities or Testing Laboratories). The gross receipts tax set initially at a rate of five (5%) percent for testing facilities or testing laboratories pursuant to subsection (d) above shall be Ordinance No. NS-XXX Page 65 of 68 City Council 22 — 137 10/4/2022 decreased to a rate of one (1 %) percent by resolution of the City Council [Santa Ana City Council Resolution No, 2019-068] as hereinabove provided for in accordance with subsection (c), which reduced rate, under the terms of said City Council resolution, shall become retroactively effective July 1, 2019. (t) Operative date of decreased gross receipts tax rate (Cultivation, Manufacturing, and Distribution, Adult -use Cannabis Retail Business (including Delivery and Consumption Lounges), Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events). The gross receipts tax set initially at a rate of six (6%) percent for cultivation, manufacturing, and distribution pursuant to subsection (d) above shall be decreased to a rate of one (1 %) percent, and the gross receipts tax rate set initially at a rate of eight (8%) for all adult -use cannabis retail business (including delivery) activities pursuant to subsection (d) above shall be decreased to seven (7%) percent to include the sub -activity of consumption lounges, and the ancillary adult -use cannabis retail business (temporary consumption and/or special events) activity; the parallel activities of social equity adult -use cannabis retail business (including delivery and consumption lounge), and the ancillary social equity adult -use cannabis retail business (temporary consumption and/or special events) activity are set at a reduced five (5%) percent, by resolution of the City Council [Santa Ana City Council Resolution No, 2022-XXX] as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023. (u) Operative date of decreased square footage tax rate (Cultivation, Manufacturing, Distribution, Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events), Qualified Social Equity Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events). The square footage tax set initially at a rate of ten ($10) dollars per square foot for cultivation and manufacturing, and four ($4) dollars per square foot for distribution pursuant to subsection (d) above shall be decreased to a rate of seven ($7) dollars per square foot for cultivation, three ($3) dollars per square foot for manufacturing, three ($3) dollars per square foot for distribution; and to a rate of zero ($0) dollars per square foot for shared manufacturing, adult -use cannabis retail business (temporary consumption and/or special events), and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) by resolution of the City Council [Santa Ana City Council Resolution No, 2022-XXX] as hereinabove provided for in accordance with subsection (c), which reduced rates, under the terms of said City Council resolution, shall become effective January 1, 2023. (v) Notwithstanding the tax rates imposed herein under subsections (d),(s),(t), and (u), the City Council may, in its discretion, at any time solely by resolution, implement any lower or higher tax rate it deems appropriate, not to exceed the maximum rates established by subsection (a). Ordinance No. NS-XXX Page 66 of 68 City Council 22 — 138 10/4/2022 Section 10. Section 21-135 of Article XI I I of Chapter 21 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 21-135. - Single property location; multiple state licenses; separate city business licenses. Sections 21-7, 21-8, and 21-9 of this chapter notwithstanding, separate city business licenses, issuable to commercial cannabis businesses pursuant to this article, shall be required for each separate type of commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state, or for which a state license has been approved or issued. Provided, however, that commercial cannabis business activity transacted and carried on at a single city property location for which a commercial cannabis business may seek licensure by the state as a microbusiness, or for which a state license has been approved or issued as a microbusiness, shall in such case be required to obtain a separate city business license business for each of the commercial cannabis activities transacted and carried on. Section 11. 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 12. This Ordinance shall become effective January 1, 2023. Section 13. 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 , 2022. Vicente Sarmiento Mayor Ordinance No. NS-XXX Page 67 of 68 City Council 22 — 139 10/4/2022 APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: i 9 = T� John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2022 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 Ordinance No. NS-XXX Page 68 of 68 City Council 22 — 140 10/4/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING COMMERCIAL CANNABIS BUSINESS ACTIVITY TAX RATE CATEGORIES FOR: ADULT -USE CANNABIS RETAIL BUSINESS (INCLUDING DELIVERY, BUT NOT INCLUDING CONSUMPTION LOUNGE AND TEMPORARY CONSUMPTION AND/OR SPECIAL EVENTS); ADULT -USE CANNABIS RETAIL BUSINESS (INCLUDING DELIVERY AND CONSUMPTION LOUNGE); ADULT -USE CANNABIS RETAIL BUSINESS (TEMPORARY CONSUMPTION AND/OR SPECIAL EVENTS); QUALIFIED SOCIAL EQUITY ADULT -USE CANNABIS RETAIL BUSINESS (INCLUDING DELIVERY AND INCLUDING CONSUMPTION LOUNGE); SOCIAL EQUITY ADULT -USE CANNABIS RETAIL BUSINESS (TEMPORARY CONSUMPTION AND/OR SPECIAL EVENTS); SHARED MANUFACTURING; AND ESTABLISHING RELATED GROSS RECEIPTS AND SQUARE FOOTAGE TAX RATES 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. In November 2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older. B. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA) establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. C. On November 21, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. Resolution No. 2022-XXX Page 1 of 6 City Council 22 — 141 10/4/2022 D. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis businesses. E. A general business license tax based on the gross receipts derived from commercial cannabis businesses and where applicable gross square footage serves to generate essential funds for protecting vital City services and facilities and places such businesses on more equal footing with existing City businesses, including medical marijuana collective/cooperative (medicinal cannabis retail) businesses. F. The City Council is authorized to impose general and special taxes in order to fund municipal services and facilities, subject to requisite voter approval as set forth in Government Code section 53720 et seq. G. The voters of the City of Santa Ana approved Measure Y (Ordinance No. NS-2962) on November 6, 2018, for the purpose of fixing the rate of taxation for commercial cannabis businesses including delivery, distribution, manufacturing, cultivation, testing and retail sales of cannabis and related products. The taxes required to be paid under this article are declared to be required pursuant to the taxing power of the City of Santa Ana solely for the purpose of obtaining revenue and are not regulatory permit fees. H. On September 3, 2019, the City Council adopted Ordinance No. NS-2972 amending certain sections of chapters 21 of the Santa Ana Municipal Code allowing vertical and horizontal integration of cannabis businesses; updating ownership transfers procedural standards and requirements, security deposits, and various administrative processes; updating and streamlining regulatory components; reducing cannabis testing taxes to greater amount of one (1 %) percent of gross receipts or $1.50 per square foot; and adopting a canopy measurement and square footage allocation service fee. I. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates and square footages tax rates that are competitive and provide for the needs of the Santa Ana community. J. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe and tested cannabis to residents. To ensure safe and tested cannabis, the City desires to see the establishment and successful operation of cultivation, distribution, and manufacturing (including shared manufacturing and microbusiness) facilities in the City. K. Section 21-133(d) of Article XIII of Chapter 21 of the Santa Ana Municipal Code establishes initial, current, and scheduled commercial cannabis gross receipts tax Resolution No. 2022-XXX Page 2 of 6 City Council 22 — 142 10/4/2022 and square footage tax rates by reference to the authorizing ordinances and resolutions, the content of which are presented in condensed tabular format as follows: Commercial Cannabis Business Gross Receipts Tax Gross Square Activity Rate Footage Tax Rate Adult -use Cannabis Retail Business (including Delivery) (effective 8% $ 25.00 beginning December 21, 2018 through December 31, 2022) Adult -use Cannabis Retail Business (including Delivery, but not including Consumption Lounge and 7% $ 25.00 Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (including Delivery and Consumption 7% $ 25.00 Lounge) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (Temporary Consumption and/or 7% $ 0.00 Special Events) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business (including 5% $ 25.00 Delivery and Consumption Lounge) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business (Temporary 5% $ 0.00 Consumption and/or Special Events) (effective beginning January 1, 2023) Cultivation (effective December 21, 2018 6% $ 10.00 through December 31, 2022) Cultivation 1% $ 7.00 (effective beginning January 1, 2023) Distribution (effective December 21, 2018 6% $ 4.00 through December 31, 2022) Resolution No. 2022-XXX Page 3 of 6 City Council 22 — 143 10/4/2022 Distribution 1% $ 3.00 (effective beginning January 1, 2023) Manufacturing (effective December 21, 2018 6% $ 10.00 through December 31, 2022) Manufacturing o 1/ $ 3.00 (effective beginning January 1, 2023) Shared Manufacturing 1% $ 0.00 (effective beginning January 1, 2023) Testing Facility or Testing Laboratory (effective December 21, 2018 5% $ 1.50 through June 30, 2019) ng Facility or Testing Laboratory E(eftective 1% $ 1.50 July 1, 2019) L. Section 21-133(b)(2) of Article XI I I of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower commercial cannabis tax rate it deems appropriate. Section 2. The City Council hereby establishes: (1) the adult -use cannabis retail business (including delivery, but not including consumption lounge and temporary consumption and/or special events) gross receipts tax rate at seven (7%) percent, lowering it from eight (8%) percent; (2) the adult -use cannabis retail business (including delivery and consumption lounge) and the adult -use cannabis retail business (temporary consumption and/or special events) gross receipts tax rates at seven (7%) percent; and (3) the qualified social equity adult -use cannabis retail business (including delivery and consumption lounge) and the qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) gross receipts tax rates at five (5%) percent. The reduced seven (7%) percent gross receipts tax rate for adult -use cannabis retail business (including delivery, but not including consumption lounge and temporary consumption and/or special events), and the (7%) percent gross receipts tax rates for adult -use cannabis retail business (including delivery and consumption lounge) and adult - use cannabis retail business (temporary consumption and/or special events), plus the five (5%) percent qualified social equity adult -use cannabis retail business (including delivery and consumption lounge) and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) activities shall all become effective January 1, 2023. Section 3. The City Council hereby establishes: (1) the square footage tax rates for adult -use cannabis retail business (including delivery, but not including consumption lounge and temporary consumption and/or special events), plus adult -use cannabis retail Resolution No. 2022-XXX Page 4 of 6 City Council 22 — 144 10/4/2022 business (including delivery and consumption lounge), together with qualified social equity adult -use cannabis retail business (including delivery and consumption lounge) business activities at twenty-five ($25) dollars per square foot; (2) the square footage tax rates for adult -use cannabis retail business (temporary consumption and/or special events) and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) activities at zero ($0) dollars per square foot. The (1) twenty-five ($25) dollars per square foot, square footage tax rates for adult -use cannabis retail business (including delivery, but not including consumption lounge and temporary consumption and/or special events), plus adult -use cannabis retail business (including delivery and consumption lounge), together with qualified social equity adult -use cannabis retail business (including delivery and consumption lounge) business activities; and (2) the zero ($0) dollars per square foot, square footage tax rates for adult -use cannabis retail business (temporary consumption and/or special events) and qualified social equity adult -use cannabis retail business (temporary consumption and/or special events) activities shall all become effective January 1, 2023. Section 4. The City Council hereby establishes: (1) the commercial cannabis cultivation gross receipts tax rate; (2) the manufacturing (including shared manufacturing) gross receipts tax rate; and (3) the distribution gross receipts tax rate at one (1 %) percent. The reduced one (1 %) percent gross receipts tax rate for cultivation activities, manufacturing (including shared manufacturing) activities, and distribution activities shall become effective January 1, 2023. Section 5. The City Council hereby establishes: (1) the commercial cannabis square footage tax rate for cultivation activities at seven ($7) dollars per square foot and for manufacturing activities at three ($3) dollars per square foot (lowering both from ten ($10) dollars per square foot); (2) the commercial cannabis square footage tax for distribution activities at three ($3) per square foot (lowering it from four ($4) per square foot); and (3) the shared manufacturing square footage tax at zero ($0) per square foot. The reduced seven ($7) per square foot tax rate for cultivation activities, the reduced three ($3) per square foot tax rate for manufacturing activities, the reduced three ($3) per square foot tax rate for distribution activities, and the zero ($0) per square foot tax rate for shared manufacturing shall all become effective January 1, 2023. Section 6. This Resolution, upon its adoption by the City Council, shall take effect January 1, 2023, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2022. Vicente Sarmiento Mayor Resolution No. 2022-XXX Page 5 of 6 City Council 22 — 145 10/4/2022 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 6L4 lW John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby certify the attached Resolution No. 2022-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on .2022. Date: Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 6 of 6 City Council 22 — 146 10/4/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REDUCING THE TAX ON MEDICINAL RETAIL MARIJUANA BY ONE PERCENT, FROM SIX (6%) PERCENT TO FIVE (5%) PERCENT 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 November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") allowing up to twenty (20) medical marijuana retail cannabis collectives/cooperatives ("dispensaries"). B. Following the adoption of Measure BB, the provisions of the measure were codified in Chapters 18 and 21 of the Santa Ana Municipal Code. The City also established an implementation plan, enforcement program, administrative policies, and best practices. C. In May 2016 and early 2017, following initial implementation of the ordinance, the City held roundtable discussions that invited stakeholders, dispensary owners, and members of the medical marijuana industry to meet with City staff regarding the implementation of Measure BB. Participants of the roundtable discussions voiced opinions on various aspects of the regulatory and tax programs and provided their recommendations for future policy level consideration. D. On June 20, 2017, the City Council approved amendments to Chapter 18 to streamline Measure BB and create more business -friendly conditions for the existing col lectives/cooperatives. E. On November 17, 2017, the City Council approved an ordinance amending Chapter 21, Article XII (Marijuana Collectives/Cooperatives) and increasing the tax on medicinal retail marijuana dispensaries. Measure BB established an initial business license tax rate of up to five (5%) percent of the medicinal retail marijuana gross receipts generated from each dispensary, but authorized a maximum business license tax rate of up to ten (10%) percent. The November 17, 2017, ordinance (NS-2930) increased the tax from the initial Measure BB voter approved rate of five percent (5%) to six percent (6%) as permitted by Measure BB. F. Section 21-127 (b) of Article XII of Chapter 21 of the Santa Ana Municipal Code allows the City Council by resolution to implement any lower or higher tax rate it deems Resolution No. 2022-XXX Page 1 of 3 City Council 22 — 147 10/4/2022 appropriate not greater than the business license tax rate of up to ten (10%) percent authorized by Measure BB. Section 2. The City Council hereby establishes the marijuana collectives/cooperatives gross receipts tax rate at five (5) percent, lowering it from six (6) percent. The five (5%) percent gross receipts tax rate shall become effective January 1, 2023. Section 3. This Resolution, upon its adoption by the City Council, shall take effect January 1, 2023, 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: 69, iW John M. Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor 2022. Resolution No. 2022-XXX Page 2 of 3 City Council 22 — 148 10/4/2022 2022 - Ana on Date: CERTIFICATE OF ATTESTATION AND ORIGINALITY , Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa , 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 3 of 3 City Council 22 — 149 10/4/2022 RESOLUTION NO. 2022-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING: (1) A MAP OF COMMERCIAL CANNABIS ELIGIBLE AREAS IN WHICH COMMERCIAL CANNABIS BUSINESSES AS DEFINED AND REGULATED BY CHAPTERS 21 AND 40 OF THE SANTA ANA MUNICIPAL CODE MAY OPERATE; (2) THE NUMBER OF ANNUALLY PERMISSIBLE TEMPORARY CONSUMPTION EVENTS; AND (3) THE COMMUNITY BENEFIT, SUSTAINABLE BUSINESS PRACTICES, AND SOCIAL EQUITY PLAN TEMPLATE 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 December 9, 2014, following voter approval, the City Council adopted Ordinance No. NS-2864 to regulate the establishment, operation, and taxation of medical marijuana collectives and cooperatives in the City. The ordinance was originally known as and subsequently became referred to as "Measure BB." B. In November2016, the California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64) was approved by the voters of the State of California. The AUMA legalized specified personal use and cultivation of marijuana for adults 21 years of age or older. C. In 2017, the Governor signed into law Senate Bill 94, also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), establishing state regulations and licensing for retail sales, manufacturing, distribution, delivery and testing of adult -use (also called recreational) marijuana. D. On November 21, 2017, the City Council adopted Ordinance No. NS-2929, creating Chapter 40 of the Santa Ana Municipal Code and allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. Since 2014, the City has allowed medicinal marijuana collectives/cooperatives to operate within the City pursuant to regulations set forth in Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. E. Since its inception, Chapter 40 has required all commercial cannabis business operators to engage in providing community benefits and sustainable business Resolution No. 2022-XXX Page 1 of 5 City Council 22 — 150 10/4/2022 practices through execution of an operating agreement and accompanying Community Benefit and Sustainable Business Practices plan, with the intent of ensuring commercial cannabis businesses remain engaged in providing direct benefits to the Santa Ana community. F. In 2018, the City Council adopted Ordinance Nos. NS-2941 and NS-2942, allowing and regulating commercial cannabis testing laboratories, and Ordinance No. NS- 2944, allowing commercial cannabis cultivation, manufacturing, and distribution activities. G. The City of Santa Ana desires to remain at the forefront of commercial cannabis by allowing and regulating commercial cannabis business activities, routinely updating and amending its ordinances, and establishing commercial cannabis gross receipts tax rates that are competitive and provide for the needs of the Santa Ana community. H. Measure BB and subsequent ordinances specified that commercial cannabis business activity is permitted in the City's light and heavy industrial zoning districts (M1 and M2) and must be located 1,000 feet from schools, parks, and properties zoned for residential uses. Proposition 64 subsequently set a minimum separation of 600 feet but allowed local jurisdictions to adopt lower or higher separation requirements. I. The City Council recognizes those entities that have remained on the Medicinal Cannabis Waitlist pursuant to Santa Ana Municipal Code Section 40-104, and those entities that were scored as part of the merit -based selection process in Section 40- 9. J. Following redevelopment of industrial properties east of the Costa Mesa (SR-55) Freeway, the City Council adopted a map of commercial cannabis eligible areas on March 20, 2018 in which commercial cannabis business activities could locate subject to full compliance with applicable local, County, and State regulations. K. Since the last adoption of the map, the increasing demand for industrial properties in Santa Ana following the COVID-19 pandemic has reduced the availability of commercial cannabis eligible properties in the industrial zoning districts, creating strain on cannabis business applicants, other business types, tenants, and property owners. In order to offer clarity and expansion opportunities to commercial cannabis business owners, the City desires to update the map to specify the exact parcels on which commercial cannabis business activities are permitted. The map is based on the original 1,000-foot buffer from sensitive land uses, including schools, parks, and residential zoning districts. L. The City of Santa Ana desires to maintain commercial cannabis businesses in locations adequately buffered from sensitive land uses such as schools, parks, and properties zoned for residential uses, while maintaining a sufficient amount of properties eligible to apply for and operate a commercial cannabis business. Resolution No. 2022-XXX Page 2 of 5 City Council 22 — 151 10/4/2022 M. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access to safe, locally produced and retailed, and tested cannabis to residents and visitors. N. The rise in commercial cannabis business activity in California, coupled with an increase in consumer base both Citywide and regionally, requires the City to adopt a proactive approach to allowing and regulating commercial cannabis business activity, including ensuring that consumers of commercial cannabis retail products are educated in responsible consumption and have safely designed and monitored settings in which retail cannabis may be purchased and consumed. O. The City Council has held a duly noticed public hearing on September 20, 2022 in connection with consideration and adoption of this resolution, during which comments were provided by the City Council and members of the public on additional retail storefronts, reduction of retail tax rates, community benefits and social equity, the map of commercial cannabis eligible areas, and priority processing for commercial cannabis consumption lounges that opt in to social equity measures. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of the accompanying ordinance and accompanying resolutions is exempt from further CEQA analysis pursuant to CEQA Guidelines Section 15061(b)(3), as the proposed amendments address business activities already permitted in the City and will not result in any significant physical effect on the environment. Because Santa Ana is a built -out, urbanized community, and the uses permitted and regulated by the cannabis ordinance are already allowed by the underlying zoning designations and the development standards in Chapter 41 (Zoning) of the Santa Ana Municipal Code, the updates to the ordinance will not lead to any cumulative or unforeseen impacts. A Notice of Exemption, Environmental Review (ER) No. 2022-15, was filed for these actions within five days of first reading, which took place on September 20, 2022. Section 3. The City Council hereby establishes the map of commercial cannabis eligible areas, included here as Attachment A, and referenced in Santa Ana Municipal Code Sections 40-2, 40-5, and 40-6. This map reflects the original 1,000-foot distance from properties containing schools, parks, and properties zoned for residential uses, and includes eligible properties in the Light Industrial (M1), Heavy Industrial (M2), and select Specific Development and Professional zoning districts of an industrial nature, but is now parcel -specific to offer clarity to property and business owners. Section 4. The City Council hereby establishes the maximum number of temporary consumption events, as defined by Santa Ana Municipal Code Section 40-2 (39.2) and regulated by Santa Ana Municipal Code Section 40-8 (11), as two (2) per commercial cannabis retail business per calendar year. Resolution No. 2022-XXX Page 3 of 5 City Council 22 — 152 10/4/2022 Section 5. The City Council hereby adopts the Community Benefit, Sustainable Business Practices, and Social Equity Plan template, attached hereto as Attachment B. Section 6. This Resolution shall take effect upon the effectiveness of Ordinance No. NS- on January 1, 2023. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney John Funk Chief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers Vicente Sarmiento Mayor 2022. Resolution No. 2022-XXX Page 4 of 5 City Council 22 — 153 10/4/2022 CERTIFICATE OF ATTESTATION AND ORIGINALITY Resolution No. 2022 - the City of Santa Ana on Date: Clerk of the Council, do hereby certify the attached to be the original resolution adopted by the City Council of , 2022. Clerk of the Council City of Santa Ana Resolution No. 2022-XXX Page 5 of 5 City Council 22 — 154 10/4/2022 Attachment A �■EIII U0mFill Omni i 0C:1 F, Santa Tie`zil E Edward B. �■der nenjing,, mter ern LU Santa Academy Park N Irtle Ana High er, u a 1 111 Ele • fal ■ ■ El-■■mt �..... -loo Windsor le ■1■11111. • ��■ �� Park F .I EDINGER_,�l�l AV Diamond EIT .. jr �ison . . EDINGER D-High Shaol le Sepulveda I�f■■' ■..■.■ Edison ■IIIIIII I� ■.■.. .on ■I • r • 11111 �Elemc:■ ii ■11_al � r .r.. ► Adarns Park Cesar E,. Adams NINE Elem Jefferson ITT' ■ ■I■'. �.J. ■.� • • M ...■ � _ten ■ . u rr� ffiMcFaddAen P. ■ n ■�1� �� ■ • .in mm oj.High .. C° � _ THUR ■ , Sand nte Park \� Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. I I Legend Schools Parks e Commercial Cannabis Business 1000 ft Buffer from Schools, Parks, and Residential ,.---- ,�1 Eligible Parcels =M1- Light Industrial 0 Y2 (Medicinal & Adult Use) - M2 - Heavy Industrial P- Professional Miles Map Creation Date: 9/13/2022 100 Buffer Zoning Index M a - Specific Developments-. - Z_ � ^ ^ �� .... Note: final verification of eligible aDDlications will be based on information Drovided via written communication for renewals or for new registration aDDlications G 0 500 1,000 Feet Map Creation Date: 9/13/2022 City of Santa Ana - GIS Section Note: No Adult Use cannabis retail business shall be located within 500 feet of another retail cannabis business except for permitted co -location. Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. Legend i Centennial Regional Park Godinez Fundamental High School Mitchell Child Development Center FJ Valley High ,WARNER AV EGER§�TROrM AV Thorpe Fundamental Segerstrom High MACARTHUR BL Calvary Chapel High Greenvi Fundame �+' Maranatha Christian Element _ Academy SUNFLOWER --------------- Schools - Parks 1000 ft Buffer from Schools, Parks, and Residential Commercial Cannabis Retail Eligible Parcels (D E::]M1- Light Industrial (Medicinal & Adult -Use) 0 M2 - Heavy Industrial P- Professional City Council 1000 ft Buffer22 156 Zoning Availabil�/a of 3 Specific Developments (S58, SD69, SD74, SID Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications. Washington Elem W O LL Saddleback g MacArthur Fundamental Intmd Lillie King Park Born Kor I Pa rt Esqueda Elem WARNER AV Delhi Monroe Parke Elem DYER_ RD Sandpointe Park Note: No Adult -Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. Legend Schools -— -- — --— Parks 1000 ft Buffer from Schools, Parks, and Residential i Eligible Parcels 0 M1 -Light Industrial 0 M2 - Heavy Industrial P- Professional City Council 0 Specific Developments (S 8, SD69, SD74, SD85) 5 l �m � I r 0, z I e 0 500 1,000 Feet Map Creation Date: 9/13/2022 City of Santa Ana - GIS Section Commercial Cannabis Retail (Medicinal & Adult -Use) 22 —157 Site Availabilitq/2 of 3 Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications. Roosevelt Eenteommrt.bnarrtyk Roos Flem aa Wplker Bern Staridarrd held IC FADDEN AV K Elem Q to z Madison Q Elem Of MParkon Fundalm ntal��`"'r!I Intmed �'— Ana Zoo at Prentice Park I I I I I I I I I •---------------------- - -- - -- Century High EDINGER AViL 6 Ili � WARNER` �A'V I�� Note: No Adult -Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. Note: If the buffer touches or crosses through a portion of an existing building, the entire building remains eligible. Legend Schools Parks i 1000 ft Buffer from Schools, Parks, and Residential - —� Eligible Parcels M1 - Light Industrial➢�i - M2 - Heavy Industri P- Professional Cit�r Councils `" 1 Specific Developments (SD , SD69, SD74, SD85) AW - 0 500 1,000 Feet Map Creation Date: 9/13/2022 City of Santa Ana - GIS Section Commercial Cannabis Retail (Medicinal & Adult -Use) t Buffw 158 Zoning Availabilitq/ S of 3 � 6 Note: final verification of eligible applications will be based on information provided via written communication for renewals or for new registration applications. Attachment B Planning and Building Agency Planning Division' c 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Section 1: Business Information Table 1 Item I Information Business Information Business Legal Name Business Doing Business As (DBA) Business Address in Santa Ana Regulatory Safety Permit (RSP) No. RSP Issuance Date RSP Expiration Date Business Owner Name Contact Information Primary Contact Person Name Primary Contact Person Phone Primary Contact Person Email Section 2: Community Benefit, Sustainable Business Practices, and Social Equity Plan Pursuant to Santa Ana Municipal Code (SAMC) Section 40-1(C), all commercial cannabis businesses operating in Santa Ana are required to maintain a Community Benefit, Sustainable Business Practices, and Social Equity Plan ("Plan") on file with the City in a format acceptable to the Executive Director of the Planning and Building Agency. Failure to maintain a plan and satisfy the obligations specified therein will result in review and possible suspension, revocation, citation, or other enforcement action. For more information on the City's requirements for Community Benefit, Sustainable Business Practices, and Social Equity, please review SAMC Section 40-1(C). Beginning January 1, 2023, all commercial cannabis businesses are required to commit to spending one-half of one percent (0.50%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations. Beginning January 1, 2024, all commercial cannabis businesses are required to commit to spending one percent (1.00%) of gross reported earnings for the previous reporting year towards community benefit, sustainable business practices, and social equity obligations. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid RSP is issued. City Council 22 — 159 10/4/2022 Planning and Building Agency Planning Division 01 c 20 Civic Center Plaza 1W4W5'' P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Required annual spending must be equitably distributed among the three Section categories described in Table 2 and is subject to review and approval by the City. A Plan that does not indicate satisfactory and equitably -distributed commitments will be rejected and corrections issued to the business owner. Approval and renewal of a Regulatory Safety Permit is contingent upon Plan approval. Please utilize the following sections to detail the business's commitments to community benefits, sustainable business practices, and social equity measures. If additional space is required, please attach supplemental sheets to this form using the same format as Table 2 of this packet. Table 2 Item Frequency or Equivalent Detailed Description of Timeframe Monetary Value Measure or Activity Section 1: Community Benefits* CB-1. Local hiring (Required)' CB-2. Local sourcing (Required )2 CB-3. Contributions AF to local charitable or not -for -profit organizations (Required)' Describe measures to hire managers, staff, volunteers from within the City of Santa Ana. Details shall be provided on local job posting methods, and annual data shall be provided indicating the means utilized to advertise jobs and on the amount of managers, staff, and volunteers residing in Santa Ana. Beginning January 1, 2023, the cannabis retail business owner must demonstrate that twenty percent (20%) of its employees reside within the City of Santa Ana, then beginning January 1, 2024, the cannabis retail business owner must demonstrate that forty percent (40%) of its employees reside within the City of Santa Ana 2 Describe measures to obtain construction materials and inventory from within the City of Santa Ana. Details shall be provided on local posting methods, and annual data shall be provided indicating the means utilized to source locally from businesses in Santa Ana. 3 Describe measures to engage with local charitable or not -for -profit organizations located within Santa Ana or carrying out operations in Santa Ana. Measures may include volunteering, financial contributions, or material contributions. Describe the frequency and value of all such contributions. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid RSP is issued. City Council 22 — 160 10/4/2022 Planning and Building Agency Planning Division 01 c 20 Civic Center Plaza 1W4W5'' P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Item Frequency or Equivalent Detailed Description of Timeframe Monetary Value Measure or Activity Section 2: Social Equity Measures (Beginning January 1, 2025) SE-1. Employment compensation for full- time employees above minimum wage (Required)' SE-2. Measures to hire part- and full- time staff from disadvantaged communities (Required)' SE-3. Expenditures on safety -related equipment, training, and services (Required)' a Employment compensation for the full-time employees of the qualified taxpayer. For purposes of this Plan, "employment compensation" means wages paid to full-time employees who are paid no less than 115 percent (beginning January 1, 2024) and no less than 120 percent (beginning January 1, 2026) of the applicable minimum wage. The calculation of wages may include the monetary value to the full-time employee of employer -provided group health insurance benefits, childcare benefits, employer contributions to employer -provided retirement benefits, or employer contributions to pension benefits. 6 Includes measures that the business will take to recruit, hire, and retain employees who reside in low-income census tracts in Santa Ana where at least fifty-one percent (51 %) of the current residents have a household income at or below eighty percent (80%) of the Orange County Area Median Income (AMI), or from Environmental Justice communities as specified by the General Plan. 6 For purposes of this Plan, "safety -related equipment, training, and services" means equipment primarily used by employees of cannabis licensees to ensure their personal and occupational safety or the safety of customers of the cannabis licensees; training for non -management employees on workplace hazards, including, but not limited to, training required pursuant to subparagraph (A) of paragraph (11) of subdivision (a) of Section 26051.5 of the California Business and Professions Code as amended from time to time; and services, including, but not limited to, safety audits, security guards, security cameras, and fire risk mitigation. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid RSP is issued. City Council 22 — 161 10/4/2022 Planning and Building Agency Planning Division 01 c 20 Civic Center Plaza 1V4W5'' P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Item Frequency or Equivalent Detailed Description of Timeframe Monetary Value Measure or Activity SE-4. Workforce development and safety training for employees (Required)' Section 3: Sustainable Business Practices*** SP-1. Energy Saving (Required) SP-2. Water Saving (Required) *Additional measures are permissible, such as direct engagement with local charitable or not -for -profit organizations, volunteer activities, etc. **Social equity measures are intended to result in improvements to disadvantaged communities, aiding those systemically and negatively affected by prior criminal or misdemeanor drug convictions, and creating new opportunities among owners, managers, employees, and other staff employed by the cannabis industry. ***Minimum "green" technologies such as energy and water saving measures are required. However, other measures are permissible, such as transit and carpool incentives, healthy living practices, etc. Workforce development and safety training for employees of the qualified taxpayer. For purposes of this Plan, ,.workforce development" includes, but is not limited to, joint labor management training programs, membership in a joint apprenticeship training committee registered by the Division of Apprenticeship Standards, and a state -recognized high road training partnership as defined in Section 14005 of the California Unemployment Insurance Code as amended from time to time. Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid RSP is issued. City Council 22 — 162 10/4/2022 Planning and Building Agency Planning Division a 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Commercial Cannabis Business (714) 647-5804 Community Benefit, Sustainable Business www.santa-ana.org Practices, and Social Equity Plan This Plan is a public record. Section 3: Acknowledgement I, , primary contact for business owner for the commercial cannabis business named , located at in Santa Ana, California, hereby acknowledge that the information presented on this Community Benefit, Sustainable Business Practices, and Social Equity Plan is accurate and enforceable by the City of Santa Ana pursuant to Chapter 40 of the Santa Ana Municipal Code as a condition of Regulatory Safety Permit issuance, renewal, and maintenance of the Regulatory Safety Permit in good standing. I also understand that documentation of gross reported annual earnings from the prior reporting year and satisfaction of these commitments is required as part of the annual Regulatory Safety Permit renewal process. Primary Contact Signature Date AN Business Owner Date Signature Approved: Executive Director Executive Director Name Signature Date Note: This is not a Regulatory Safety Permit (RSP) to legally operate a Commercial Cannabis Business. DO NOT OPERATE unless a valid RSP is issued. City Council 22 — 163 10/4/2022 Recommended Commercial Cannabis Tax Rate Adjustments Table Gross Receipts Gross Square Footage Commercial Cannabis Business Activity Tax Rate Tax Rate Adult -use Cannabis Retail Business (including Delivery) effective 8% $ 25.00 beginning December 21, 2018 through December 31, 2022) Adult -use Cannabis Retail Business (including Delivery, but not 7% $25.00 including Consumption Lounge and Temporary Consumption and/or Special Events) (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (including Delivery and Consumption Lounge) 7% $25.00 (effective beginning January 1, 2023) Adult -use Cannabis Retail Business (Temporary Consumption 7% 0.00 and/or Special Events) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business 5% 25.00 (including Delivery and Consumption Lounge) (effective beginning January 1, 2023) Qualified Social Equity Adult -use Cannabis Retail Business (Temporary Consumption and/or Special Events) 5% 0.00 (effective beginning January 1, 2023) Cultivation 6% 10.00 (effective December 21, 2018 through December 31, 2022) Cultivation 1% 7.00 (effective beginning January 1, 2023) Distribution 6 % 4.00 (effective December 21, 2018 through December 31, 2022) Distribution 1% 3.00 (effective beginning January 1, 2023) Manufacturing 6% $10.00 (effective December 21, 2018 through December 31, 2022) City Council Exhibit 2 — 164 10/4/2022 Manufacturing 1% 3.00 (effective beginning January 1, 2023) Shared Manufacturing 1% 0.00 (effective beginning January 1, 2023) Adult -use Retail Adult -use Retail Microbusinesses 8% 25.00 (Tax rates apply proportionally to microbusiness' activities — Cultivation, Cultivation & Manufacturing corresponding to Adult -use Retail [Adult -use Retail (including Distribution & Delivery)] / Cultivation / Manufacturing / Distribution) 10.00 (effective October 4, 2019 through December 31, 2022) Manuf6a�turing Distribution 4.00 Microbusinessest Adult -use Retail (Tax rates apply proportionally to microbusiness' activities Adult -use Retail $25.00 Cultivation corresponding to Adult -use Retail [Adult -use Retail (including 7% Delivery, but not including Consumption Lounge and Temporary Cultivation, Distribution & 7.00 Distribution & Manufacturing Consumption and/or Special Events)] / Cultivation / Manufacturing / Distribution) Manufacturing (effective beginning January 1, 2023) 1% 3.00 t Note: $2,000 Basic Tax Rate assessment to be reduced for microbusinesses to a single levy on a microbusiness' dominant gross receipts activity. Testing Facility or Testing Laboratory 5% 1.50 (effective December 21, 2018 through June 30, 2019) Testing Facility or Testing Laboratory 1% 1.50 (effective July 1, 2019) Note: • Shared manufacturers work in a shared -use facility operated by a commercial cannabis manufacturer. Shared manufacturers can: o Extract cannabis using butter or cooking oils o Make cannabis products through infusion o Package and label cannabis • Microbusiness are a single commercial cannabis businesses license type allowing for at least three of the following activities at one location: 1. Cultivation — up to 10,000 total square feet 2. Manufacturing— use of non-volatile solvents, mechanical extraction, or infusion 3. Distribution or distribution transport -only 4. Adult Use Retail — storefront or non -storefront. t t - Santa Ana restricts retail to storefront retail, and only for pre-existing adult use retailers seeking to expand into a microbusiness. City Council Exhibit 2 — 165 10/4/2022 City Manager Office www.santa-ana.org/city-managers-office Item # 23 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Sister Cities AGENDA TITLE: Adopt a Resolution Establishing a Sister City Relationship with Sahuayo, Michocan, Mexico RECOMMENDED ACTION: Adopt a resolution proclaiming the establishment of an educational, cultural, and business affiliation with the City of Sahuayo of the state of Michoacan of the United Mexican States. BACKGROUND: At the request of Mayor Sarmiento, staff has prepared a resolution establishing a Sister City affiliation with the City of Sahuayo of the State of Michoacan of the United Mexican States ("Mexico"). About Sister Cities Programs The term "sister cities", also referred to as "twin towns", is used generally to refer to a form of agreement between two geographically and politically distinct localities for the purpose of promoting commercial, cultural, and economic ties. "Sister city" programs became popular in the United States in 1956 when former U.S. President Dwight D. Eisenhower proposed a citizen diplomacy initiative, Sister Cities International. While Sister Cities International originated as a program of the National League of Cities, it has since become its own entity. Although Sister Cities International is not the only mechanism to establish "sister city" relationships between cities, it is popular among cities wishing to do so. The City of Santa Ana currently does not operate a Sister Cities program. About Sister Cities International Sister Cities International (SCI) is a nonprofit organization that serves as the national membership organization for individual sister cities across the United States. According to Sister Cities International, a sister city relationship is an abroad -based, long-term partnership between two communities in two different countries. Elected officials from City Council 23 — 1 10/4/2022 Sister Cities October 4, 2022 Page 2 both communities sign off on an agreement to become sister cities. A city may have any number of sister cities, with community involvement ranging from a half dozen to hundreds of volunteers. In addition to volunteers, sister city organizations can include representatives from nonprofits, municipal governments, the private sector, and other civic organizations. Each sister city organization can partake in youth, education, arts, cultural, trade, government, and community development exchanges. Examples of Sister Cities Outside of Sister Cities International Below are examples of cities launching their own Sister Cities Program. Garden Grove Sister City Association The City of Garden Grove and Anyang have had a Sister City relationship since 1989. A student exchange program began in 1991, in hopes of expanding cultural knowledge among youth in the community. The Garden Grove Sister City Association is a nonprofit corporation used to connect GG with cities in foreign countries. The organization works closely with the City. Buena Park Sister City Foundation In 2017, the City of Buena Park and Seongbuk officiated a relationship. The purpose of the Buena Park Sister City Foundation is to focus on cross-cultural interpretation at a local level. The first official student exchange program was part of the inauguration in 2017. The foundation prioritizes itself with bringing in new perspectives, so both cites can learn and thrive together. Sister Cities of Long Beach Inc. In 1996, Long Beach City Council passed a resolution to form an umbrella organization called Sister Cities of Long Beach Inc. (SCLB). Through this initiative, Long Beach has successfully brought together the international communities they served. SCLB is a nonprofit focused on further developing and executing projects in regards to the current and future sister cities of Long Beach. Next Steps The City Council has the discretion to adopt or not adopt the attached resolution (Exhibit 1) establishing a sister city affiliation with the City of Sahuayo of the State of Michoacan of the United Mexican States ("Mexico'). If the City Council adopts the resolution, staff will review best practices for implementing the sister city affiliation and will return to the City Council with additional information, if directed to do so. City Council 23 — 2 10/4/2022 Sister Cities October 4, 2022 Page 3 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. Resolution Submitted By: Kristine Ridge, City Manager Approved By: Kristine Ridge, City Manager City Council 23 — 3 10/4/2022 RESOLUTION NO. 2022- XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PROCLAIMING THE ESTABLISHMENT OF AN EDUCATIONAL, CULTURAL, AND BUSINESS AFFILIATION WITH THE CITY OF SAHUAYO OF THE STATE OF MICHOACAN OF THE UNITED MEXICAN STATES 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") seeks to establish, promote and encourage friendship, goodwill and charity and promote educational, cultural, environmental and business exchanges between the citizens of Santa Ana and the City of Sahuayo of the State of Michoacan of the United Mexican States. B. Common ties of mutual interests exist between the City and the City of Sahuayo. C. The exchange of said interests and cultures by the mutual establishment of a "Sister City" relationship with City of Sahuayo will enhance the quality of life for the City and its residents. D. Given that such relationships are forged between citizen -volunteers of both cities, it is hoped that such an affiliation will encourage and promote common understanding and goodwill among the citizens of both cities. E. The City looks forward to continuing to develop the Sister City relationship and collaborating on future exchanges between the two cities. Section 2. The City Council of the City of Santa Ana hereby approves the establishment of a Sister City affiliation with the City of Sahuayo of the State of Michoacan of the United Mexican States for the purpose of encouraging friendship and goodwill and promoting educational, cultural, environmental and business exchanges between both cities. Section 3. The City Manager, or his or her designee, is hereby authorized and directed to execute any required documents or agreements consistent with this Resolution in furtherance of the sister city affiliation with the City of Sahuayo of the State of Michoacan of the United Mexican States. Resolution No. 2022-XXX Page 1 of 2 City Council 23 — 4 10/4/2022 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 IN Jose Montoya Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2022. Vicente Sarmiento Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-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. 2022-XXX Page 2 of 2 City Council 23 — 5 10/4/2022 Clerk of the Council Office _ www.santa-ana.org/departments/clerk-of-the-council/ Item # 24 o`7, City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: OCMVCD Member Appointment AGENDA TITLE: Appoint Member to the Orange County Mosquito and Vector Control District's Board of Trustees RECOMMENDED ACTION Select a member to the Orange County Mosquito and Vector Control District's Board of Trustees and appoint for the current term expiring in January 1, 2024. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, government facilities, and vector control. In 2017, the City Council appointed Cecilia Aguinaga, a resident, to represent the City of Santa Ana on the Orange County Vector Control. In 2019, the City Council reappointed Ms. Aguinaga to the current term expiring January 1, 2024. Ms. Aguinaga resigned the Board effective August 2022, therefore staff is requesting to see if there is any interest from any member of the Council to serve the remaining term on the Orange County Mosquito and Vector Control District's Board of Trustees. Countv Mosauito and Vector Control District's Board of Trustees Position Summary Responsibilities The mission of the Orange County Mosquito and Vector Control District is to educate and protect Orange County from vectors and prevent vector -borne diseases in an environmentally responsible manner. The District is composed of a 35 member Board of Trustees, consisting of one member from each Orange County city and one member from the county at Iarge.The Board of Trustees is responsible for the overall governance of District, including setting District policy, approving the annual budget, establishing strategic goals and objectives, and being an advocate for the District. The District Manager oversees the day-to-day operations of the District and carries out the policy objectives of the Board. City Council 24 — 1 10/4/2022 OCMVCD Member Appointment October 4, 2022 Page 2 For additional information on the OC Mosquito and Vector Control budget, programs, and services visit their website at www.ocvector.ora Minimum Requirements Must be a registered voter and not serve as a treasurer of a political action committee. Term of Appointment This appointment will be completing a current term of a Trustee that resigned from the position and will end January 1, 2024. Meetin_ps The Board of Trustees meets at 3:00 p.m. on the third Thursday of every month at the Orange County Mosquito and Vector Control District headquarters located at 13001 Garden Grove Blvd, Garden Grove, CA 92843 Compensation $100 per regular board meeting. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Norma Orozco, Acting Assistant Clerk of the Council Approved By: Kristine Ridge, City Manager City Council 24 — 2 10/4/2022 Community Development Agency www.santa-ana.org/cd Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Rent Stabilization and Just Cause Eviction Ordinances AGENDA TITLE: Adoption of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances RECOMMENDED ACTION Approve first reading of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances. DISCUSSION On September 6, 2022, City Council adopted the Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances (Exhibit 1). City Council also authorized the City Manager and City Attorney to begin drafting amendments to the Rent Stabilization and Just Cause Eviction Ordinances based upon the Long -Term Implementation Plan. Following this direction, the redline version of the amended Ordinance is attached to this Staff Report as Exhibit 2. [The Rent Stabilization Ordinance and Just Cause Eviction Ordinance were previously two separate Ordinances in the Santa Ana Municipal Code. For the sake of convenience, the Ordinances have been combined into one as the "Rent Stabilization and Just Cause Eviction Ordinance".] The amendments to the Ordinance adheres to the Long -Term Implementation Plan and the direction by City Council at the September 6, 2022 meeting. At the September 6, 2022 meeting, City Council directed staff to: 1. Revise the Rental Housing Board composition. 2. Rental Registry Fee: a. Keep the rental registry fee as low and lean as possible; present all options in the Fee Study; supportive of 50% pass through to tenants. 3. Add voluntary mediation: a. Incorporate some form of voluntary mediation into the ordinance only at the request of tenants or landlords. City Council 25 — 1 10/4/2022 Rent Stabilization and Just Cause Eviction Ordinances October 4, 2022 Page 2 4. Compliance: a. Add a penalty for landlords who do not register units in the rental registry and prohibit rent increases if the rental unit registration is not complete. 5. Remove the following exemptions from the ordinance: a. "Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes." b. "The provisions of this ordinance regulating the amount of rent that a residential real property Owner may charge shall not apply to residential real property in which each of the units have been substantially rehabilitated within the previous 15 years. For purposes of this section," substantially rehabilitated" shall mean that the cost to rehabilitate the residential real property was at least $40,000 per unit." Where the Long -Term Implementation Plan or City Council was silent on specific areas of the Ordinance, staff incorporated language that seeks to fulfill the spirit and intent of City Council. The Rental Housing Board was the only item where staff did not have clear direction. Rental Housing Board On September 6, 2022, City Council agreed that a Rental Housing Board ("Board") should be appointed to conduct hearings on petitions and appeals, implement policies and procedures for the administration and enforcement of the Ordinance, and perform other duties as necessary. Staff originally recommended the Board to be made up of two (2) tenants, two (2) landlords, and three (3) at -large members with no financial interest. During the discussion and deliberation of the Long -Term Implementation Plan at the September 6, 2022 City Council meeting, staff understood that the majority of the City Council wanted to change the makeup of the Board from what was recommended by staff. A few Councilmembers discussed making the representation of tenants greater than landlords, but staff did not hear a majority consensus. Staff also understood that there was a majority consensus to include representation of a mobilehome tenant in the composition of the Board. The amendments to the Ordinance include a Board with three (3) tenants (including one (1) mobilehome tenant), three (3) landlords, and one (1) at - large member with no financial interest. This recommendation aligns most closely with the research and findings identified in the Long -Term Implementation Plan. However, since this policy direction was not clear at the September 6, 2022 City Council meeting, staff recommends City Council to deliberate and discuss the desired composition of the Board. City Council 25 — 2 10/4/2022 Rent Stabilization and Just Cause Eviction Ordinances October 4, 2022 Page 3 RSG's Long -Term Implementation Plan provides detailed information on the membership of Rental Housing Boards in other jurisdictions. These options are provided as Exhibit 3. Other options for the composition of the Board includes: Option # 1: Three (3) tenants (including one (1) mobilehome tenant), three (3) landlords, and one (1) at -large member with no financial interest; Option # 2: Four (4) tenants (including one (1) mobilehome tenant), two (2) landlords, and one (1) at -large member with no financial interest; Option # 3: Three (3) tenants (including one (1) mobilehome tenant), two (2) landlords, and (2) at -large members with no financial interest; or Option # 4: Two (2) tenants (including one (1) mobilehome tenant), two (2) landlords, and three (3) at -large members with no financial interest (original staff recommendation). The draft amendment pertaining to the Rental Housing Board can be found in Division 5, Section 8-3180 of the amended Ordinance. Additional Administrative Considerations In addition to the foregoing, at the September 6, 2022 meeting the City Council discussed the following items that will be implemented in the Work Plan, Fee Study, and subsequent Policies and Procedures: • Staff will ensure that the Fee Study accounts for the most efficient way to implement the Long -Term Implementation Plan. Specifically, the rental registry fee will be as low and lean as possible to not create an unnecessary burden on tenants and landlords; staff will seek to blend a hybrid of services between consultants and city staff; and staff will identify ways to build upon other existing services across the City to administer the ordinance. The Fee Study and rental registry fee will be guided by these principles. • Staff will present the following options as it relates to the fees associated with a Fair Return Petition, Capital Improvement Petition, and Tenant Petition: o Financial impact of having petition fees separate from the rental registry fee; o Financial impact of having petition fees included in the rental registry fee; or o Financial impact of having no petition fees. • Staff will work in collaboration with the City's Code Enforcement Division and City Attorney's Office to enforce the ordinance. Next Steps Following City Council approval of the first reading of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances, staff will incorporate City Council feedback and return for a second reading of the Ordinance. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 25 — 3 10/4/2022 Rent Stabilization and Just Cause Eviction Ordinances October 4, 2022 Page 4 EXHIBITS 1. September 6, 2022 Staff Report with the Long -Term Implementation Plan for the Rent Stabilization and Just Cause Eviction Ordinances 2. Redline version of the Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances 3. Options for the Composition of the Rental Housing Board Submitted By: Steven A. Mendoza, Assistant City Manager Approved By: Kristine Ridge, City Manager City Council 25 — 4 10/4/2022 EXHIBIT 2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE X OF CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE AND CREATING A NEW ARTICLE XIX IN CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines, and declares as follows: A. At the City Council meetings on September 21, 2021, and October 5, 2021, the City Council discussed the City of Santa Ana's ("Santa Ana" or "City") ability to address rent increases on residential real property and in mobilehome parks. B. On October 19, 2021, the City Council adopted Ordinance No. NS- 3009, known as the Rent Stabilization Ordinance ("RSO") and Ordinance No. NS-3010, known as the Just Cause Eviction Ordinance ("JCEO") appearing as Article X, Division 4 and Division 5 in the Santa Ana Municipal Code ("SAMC"). The RSO and JCEO were adopted to regulate rent increases and evictions in certain rental properties and mobilehome spaces in the City of Santa Ana. C. The findings in Ordinance No. NS- 3009 and Ordinance No. NS-3010 articulate that significant rent increases and housing instability pose a threat to public health, safety and welfare, and a particular hardship for senior citizens, persons living on fixed incomes, and other vulnerable persons living in Santa Ana. These findings are still true and incorporated herein. D. Additionally, the City Council adopted Resolution No. 2021- 054, directing staff to: (1) Conduct further study of the additional regulatory framework and infrastructure necessary to implement residential rent stabilization, just cause eviction, and other protections for Santa Ana residents facing housing instability; and, (2) Include the creation and operation of a Rent Board or similar body, a rent registry, and the related costs thereof. E. On September 6, 2022, staff presented the Long -Term Implementation Plan for the RSO and JCEO to the City Council detailing various best practices based on findings from local sample jurisdictions with similar ordinances in the State of California. City Council 25 — 5 r inancf 47 g age of 46 EXHIBIT 2 F. On September 6, 2022, the City Council adopted the Long -Term Implementation Plan for the RSO and JCEO and provided direction to staff to prepare amendments to the RSO and JCEO to implement efficient and effective program services to rental property owners and tenants and promote long-term sustainability of the programs. G. The amendments proposed by this Ordinance are consistent with the adopted Long -Term Implementation Plan of the RSO and JCEO and the direction by City Council at the September 6, 2022 City Council meeting. These include: 1. Create a Rental Housing Board; 2. Create a Rental Registry; 3. Adopt a Rental Registry Fee; 4. Develop a Work Plan; 5. Conduct a Fee Study Based on the Work Plan and Staffing Needs; 6. Expand Compliance Activities; 7. Create a Capital Improvement Petition and Tenant Petition; 8. Establish Petition Fees and a Petition Review Process; 9. Create a Voluntary Mediation Process; and, 10. Join the Rent Stabilization Consortium. H. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents. The City Council finds, determines and declares that the threat to the public health, safety and welfare of the City and its residents necessitates the enactment of the Ordinance. J. The Request for City Council Action for amendments to these Ordinances dated October 4, 2022, 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 recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Section 3. Divisions 4 and 5 of Article X (Property Maintenance) of Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code are hereby amended and moved to a new Article XIX (Rent and Evictions) of Chapter 8 of the Santa Ana Municipal Code to read as follows: ARTICLE XIX. — RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE Ord' ��j I- 25 — 6 10/4/2022 Pageq'iif EXHIBIT 2 DIVISION 1. — GENERALLY Section 8-3100 — Title This Article shall be known in its entirety as the "City of Santa Ana Rent Stabilization and Just Cause Eviction Ordinance" and, for the sake of convenience, as the "Rent Stabilization and Just Cause Eviction Ordinance." Section 8-3101 — Background The Rent Stabilization Ordinance, previously adopted by the City Council on October 19, 2021, and the Just Cause Eviction Ordinance, also previously adopted by the Citv Council on October 19. 2021. are herebv amended oursuant to this newlv adopted Rent Stabilization and Just Cause Eviction Ordinance. Section 8-3102 — Definitions a) For purposes of this Article, the words and phrases shall be defined as set forth herein, unless the context clearly indicates a different meaning is intended. b) Words and phrases used in this Article, which are not specifically defined, shall be construed accordina to their context and the customary usaae of the lanauaae. c) Words and phrases defined: "Annual Allowable Rent Adjustment" means the limit on the Maximum Allowable Rent increase, which a Landlord may charge on any Rental Unit each year. "Capital Improvement" means an improvement, addition or major repair to a Rental Unit that were paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance), provided such new improvement, addition or major repair has a useful life of five (5) years or more and that is required to be amortized over the useful life of the improvement, such as: structural, electrical, plumbing, or mechanism system, roofing, carpeting, draperies, stuccoing the outside of a building, air conditioning, security gates, swimming pool, sauna or hot tub, fencing, children's play equipment permanently installed, the complete exterior painting of a building, and other similar improvements as defined under the straight line depreciation provisions of the Internal Revenue Code and the regulations issued pursuant thereto and determined by the Rental Housing Board. Capital Improvement does not include normal or routine maintenance, repair, replacements, and/or deterioration resulting from an unreasonable delay in the undertaking of City Council 25 — 7 r inancf 47 g age of 46 EXHIBIT 2 completion or after a Notice of Violation by a government agency ordering repairs. "City" means the City of Santa Ana. "Hearing Officer" means a person who has been appointed by the Program Administrator to perform the duties set forth in this Article. "Housing Services" means those services provided and associated with the use or occupancy of a Rental Unit including, but not limited to, insurance, repairs, replacement, maintenance, effective waterproofing and weather protection, painting, providing light, heat, hot and cold water, elevator service, window shades and screens, laundry facilities and privileges, janitorial services, utilities that are paid by the Landlord, refuse removal, allowing pets, telephone, parking, storage, the right to have a specified number of Tenants or occupants, computer technologies, entertainment technologies, including cable or satellite television services, and any other benefits, privileges or facilities connected with the use or occupancy of such Rental Unit including a proportionate share of the services provided to common facilities of the building in which such Rental Unit is located and/or of the property on which such Rental Unit is located. "Landlord" or "Owner" means an owner of record, lessor, sublessor or any person, partnership, corporation, family trust, or any other business entity, or any successor in interest thereto, offering for rent or lease any Rental Unit or Mobilehome or Mobilehome Space in a Mobilehome Park in the City and shall include the employee, agent or representative of the Landlord if the agent or representative has the full authority to answer for the Landlord and enter into binding agreements on behalf of the Landlord. "Mediator" means a oerson whom the Proaram Administrator determines meets all of the following criteria: 1) Has received at least twenty-four (24) hours of formal training in mediation; and, 2) Has mediated Rent disputes and/or has had other experience or training showing a capability to mediate the issues which arise in landlord/tenant disputes. "Mobilehome" means a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a Mobilehome, as defined in Section 18008 of the Health and Safety Code, but does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a Ord' ��j I- 25 — 8 10/4/2022 PageMf EXHIBIT 2 commercial coach as defined in Section 18001.8 of the Health and S Code. "Mobilehome Space" means the rental of a spot for a Mobilehome within a Mobilehome Park by a homeowner, as defined in Civil Code section 798.9. or a resident. as defined in Civil Code section 798.11. "Mobilehome Park" means an area of land where two or more Mobilehome Spaces are rented, or held out for rent, to accommodate Mobilehomes used for human habitation. "Net Operating Income" means the net revenue received by the Landlord after paying the normal Operating Expenses (gross revenue less normal operating expenses). "Operating Expenses" means the costs of normal operations, including, but not limited to, management, taxes, insurance, maintenance, repairs and other recurring costs. "Program Administrator" is a person designated by the City Manager to administer the provisions of this Article. "Rental Registry Fee" or "Fee" means the fee the City imposes on each Rental Unit to cover the costs to administer the provisions of this Article. "Rent" means all periodic compensation, including all non -monetary consideration, that a Tenant provides to a Landlord concerning the use or occupancy of a Rental Unit, including any amount included in the Rent for utilities (unless separately billed to the Tenant by the utility company), parking, storage, pets or for any other fee or charge associated with the tenancy for the use or occupancy of a Rental Unit and related Housing Services. Rent includes, without limitation, the fair market value of goods accented. labor performed. or services rendered. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rent, fees, and costs included within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rent, as applicable. "Rent Increase" means any additional Rent demanded of or paid by Tenant for a Rental Unit, including any reduction in Housing Services without a corresponding reduction in the amount demanded or paid for Rent; or a pro rata increase in costs of Housing Services apportioned to a Rental Unit. "Rental Agreement" means a lease, sublease, or other agreement, written, oral or implied, between a Landlord and a Tenant for the use and/or City Council 25 — 9 r inancf yt1 2 F age of 46 EXHIBIT 2 occupancy of a Rental Unit and for Housing Services. With respect to Mobilehomes and Mobilehome Spaces in Mobilehome Parks, any regulations of rental agreements or leases within the Mobilehome Residency Law, Civil Code section 798, et seq., shall be incorporated into the definition of Rental Agreement, as applicable. "Rental Housing Board" or "Board" means the Rental Housing Board established by Division 5 of this Article XIX of Chapter 8 of the Santa Ana Municipal Code. "Rental Registry" means the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee. "Rental Unit" means any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article. "Residential Real Property" or "Residential Property" means any housing unit, including a room or group of rooms designed and intended for occupancy y one or more persons, including a Rental Unit and a Mobilehome or Mobilehome Space in a Mobilehome Park, offered for rent or lease in the Citv. "Tenancy" means the right or entitlement of a Tenant to use or occupy a Rental Unit, including a Mobilehome or Mobilehome Space in a Mobilehome Park. "Tenant" means any renter, tenant, subtenant, lessee, sub -lessee, roommate with Landlord's consent, or any other person or entity entitled under the terms of a Rental Agreement, or by sufferance, or by state or federal law, to the use or occupancy of any Rental Unit and (i) has the legal responsibility for the payment of Rent for a Rental Unit or (ii) has aareed to Dav the Rent for a Rental Unit. Section 8-3103 — ImDlementina Reaulations. Policies and Procedures The Citv Manaaer or Proaram Administrator shall have the authoritv to promulgate regulations, policies and procedures to implement the requirements and fulfill the purposes of this Article. No person shall fail to comply with such regulations, DOlicies and Drocedures. Ord' ��j I- 25 — 10 10/4/2022 Pageq'iif EXHIBIT 2 DIVISION 42. — JUST CAUSE EVICTIONS Section 8-19943120 — Restrictions on Termination of Tenancy Wwithout Just Cause (a) nietwithStandiRg ar" other law, aAfter a tenant has continuously and lawfully occupied a residential real property for thirty (30) days, the Owner of the residential real property shall not terminate the Tenancy without just cause, which shall be stated in the written notice to terminate Tenancy. The provisions of this section related to the termination of Tenants shall not apply to Mobilehomes or Mobilehome Spaces in Mobilehome Parks subject to the termination provisions of the Mobilehome Residences Civil Code section 798.56, as applicable. 1) The Owner shall post a notice on a form prescribed by the City, providing information about the existence of this Division 42 of Article XIX of Chapter 8 of the Santa Ana Municipal Code, including protections related to immigration or citizenship status of tenant found under Civil Code section 1940.35 and Code of Civil Procedure section 1161.4, as may be amended. Notice must be posted in a conspicuous location on the property. The notice shall be written in the language that the Owner and tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English. 2) In addition to all other notice requirements specified elsewhere in this Division, the Owner of any residential real property or mobilehome space, is required to provide written notice to tenants of their rights under this Division as follows: A. The notice required by this Division must be on a form prescribed by the City and include the following information: The existence and scope of this Division 42 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and, ii. The right to relocation assistance in limited circumstances pursuant to subsection (d)(2) herein. B. The Owner must provide tenant with the notice upon serving any notice of change in terms of Tenancy. City Council 25 —11 r inancT� age T72bf 46 EXHIBIT 2 C. The Owner must provide the notice on or before the commencement of all Tenancies initiated after the effective date of this Division. (b) For purposes of this section, "just cause" includes either of the following: 1) At -fault just cause, which is any of the following: A. Default in the payment of rent. B. A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. A "breach of a material term" shall not include: The obligation to limit occupancy, provided that the additional occupant who joins the tenant of the residential real property thereby exceeding the limits on occupancy set forth in the lease is: A dependent under age 18, or II. A replacement tenant who moved in after an approved tenant vacated the residential real property, so long as the addition does not exceed the Uniform Housing Code. The Owner shall have the right to approve or deny the prospective additional or replacement tenant, who is not a minor dependent child, provided that the Owner does not unreasonably withhold approval. If the Owner fails to respond to the tenant in writing with a description of the reasons for the denial of the request within a reasonable amount of time of receipt of the tenant's written request, the tenant's request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. ii. A change in the terms of the Tenancy that is not the result of an express written agreement signed by both of the parties. An Owner is not required to obtain a tenant's Ord' I- 25 — 12 10/4/2022 Page%f EXHIBIT 2 written consent to a change in the terms of the Tenancy if the change in the terms of the Tenancy is authorized by this section, or if the Owner is required to change the terms of the Tenancy pursuant to federal, State, or local law. Nothing in this subsection shall exempt an Owner from providing legally required notice of a change in the terms of the Tenancy. C. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. D. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. E. The tenant had a written lease that terminated on or after the effective date of this Ordinance, and after a written request or demand from the Owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. F. Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any Owner or agent of the Owner of the residential real property or members of tenant's household or other tenants of the residential real property. This at -fault, just cause provision shall apply if the Owner has, within a reasonable time, reported the criminal activity to law enforcement. Further, at -fault, just cause eviction of a tenant under this provision shall only apply to that tenant who committed the criminal activity described herein. If a tenant is acquitted or found not guilty of the charges giving rise to eviction, or if charges are not filed against the tenant within the applicable statute of limitations period, the tenant shall be offered the right to restore the Tenancy only if the same residential real property is available. G. Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. Notwithstanding any contrary provision in this section, an Owner shall not take any action to terminate a Tenancy City Council 25 — 13 r inancT� age TRf 46 EXHIBIT 2 based on a tenant's sublease of the residential real property if all the following requirements are met: The tenant requests permission from the Owner in writing to sublease the residential real property; II. The tenant continues to reside in the residential real property as their primary residence; III. The sublease replaces one or more departed tenants under the lease on a one -for -one basis; and IV. The Owner fails to respond to the tenant in writing within a reasonable amount of time of the receipt of the tenant's written request. If the Owner fails to respond to the tenant's written request, the request shall be deemed approved by the Owner if the lease is for a period of one (1) year or less. An Owner's reasonable refusal of the tenant's written request may be based on, but is not limited to, the ground that the total number of occupants in a residential real property exceeds the maximum number of occupants as determined under Section 503(b) of the Uniform Housing Code or successor provision. H. The tenant's refusal to allow the Owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of the Civil Code, and Sections 13113.7 and 17926.1 of the Health and Safety Code. I. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. J. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. K. When the tenant fails to deliver possession of the residential real property after providing the Owner written notice as provided in Section 1946 of the Civil Code of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that Order I- 25 — 14 10/4/2022 Page= EXHIBIT 2 written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2) No-fault just cause, which includes any of the following: 0 Intent to occupy the residential real property by the Owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents. ii. For leases entered into on or after the effective date of this Ordinance, this subsection shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents unilaterally decides to occupy the residential real property for a period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. Addition of a provision allowing the Owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1). B. Withdrawal of the residential real property from the rental market for an anticipated period of at least 24 months, as affirmed by the Owner in a written affidavit submitted to the City. C. The Owner complying with any of the following: An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property. II. An order issued by a government agency or court to vacate the residential real property. III. A local ordinance that necessitates vacating the residential real property. ii. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), City Council 25 — 15 r inancftge o 4 EXHIBIT 2 IN the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d). Intent to demolish or to substantially remodel the residential real property. The Owner shall provide advance notice to the tenant of the ability to reoccupy the unit upon completion of the repairs, or if requested by the tenant, the right of first refusal to any comparable vacant rental unit which has been offered at comparable rent owned by the Owner; and II. In the event the Owner seeks to rent the remodeled unit within six (6) months following the completion of the remodeling work, the evicted tenant shall have the right of first refusal to reoccupy and rent the unit, unless the Owner provides a written waiver by the tenant of their right to reoccupy the premises pursuant to this subsection. iii. For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead -based paint, mold, or asbestos, in accordance with applicable federal, State, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel. (c) Before an Owner of residential real property issues a notice to terminate a Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in Order I- 25 — 16 10/4/2022 Pagel�o EXHIBIT 2 (d) the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. 1) Any written notice to cease or correct must: A. Be dated and served upon the tenant, pursuant to at least one of the methods authorized under California Code of Civil Procedure Section 1162, as may be amended; B. Inform the tenant that failure to cure may result in the initiation of eviction proceedings; C. Inform the tenant of the right to request a reasonable accommodation; D. Inform the tenant of the contact number for the EViGt;O„ DefeRse FURd Qr-the Program AdministratorGity ;f n„ S„Gh f„Rd o.,,�+� and E. Include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the date(s), place(s), witness(es), and circumstance(s) that support the reason(s) for the eviction. 1) For a Tenancy for which just cause is required to terminate the Tenancy under subdivision (a), if an Owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following: A. Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph 3; or B. Waive in writing the payment of rent for the final three (3) months of the Tenancy, prior to the rent becoming due. 2) If an Owner issues a notice to terminate a Tenancy for no-fault just cause, the Owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver and all other rights pursuant to this section. If the Owner elects to waive the rent for the final three (3) month of the Tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final three (3) months of the Tenancy. City Council 25 — 17 r inancq age�of EXHIBIT 2 3) A. The amount of relocation assistance or rent waiver shall be equal to three (3) months of the tenant's rent that was in effect when the Owner issued the notice to terminate the Tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice. B. If a tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession. C. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. 4) An Owner's failure to strictly comply with this section shall render the notice of termination void. (e) This section shall not apply to the following types of residential real properties or residential circumstances: 1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940 of the Civil Code. 2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. 4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the Owner who maintains their principal residence at the residential real property. 5) Single-family Owner -occupied residences, including a residence in which the Owner -occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. Order I- 25 — 18 10/4/2022 PagelYo EXHIBIT 2 6) A duplex in which the Owner occupied one of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy. 7) Housing that has been issued a certificate of occupancy within the previous 15 years. 8) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The Owner is not any of the following: A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. The tenants have been provided written notice that the residential property is exempt from this section using the following statement: "This property is not subject to the just cause requirements of Santa Ana Municipal Code Chapter 8, Article XIX, Division 42. This property meets the requirements of Santa Ana Municipal Code section 8- 44943120(e)(8) and the Owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." ii. For a Tenancy existing before the effective date of this Ordinance, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. iii. For any Tenancy commenced or renewed on or after the effective date of this Ordinance, the notice required under clause (i) must be provided in the rental agreement. iv. Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b). City Council 25 — 19 r inancq age of 46 EXHIBIT 2 MINN. .110 .to ITM (f) An Owner of residential real property subject to this section shall provide notice to the tenant as follows: 1) For any Tenancy commenced or renewed on or after the effective date of this Ordinance, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant. 2) For a Tenancy existing prior to the effective date of this Ordinance, by written notice to the tenant no later than thirty (30) days after the effective date of this Ordinance, or as an addendum to the lease or rental agreement. 3) The notification or lease provision shall be in no less than 12-point type, and shall include the following: "The Santa Ana Municipal Code provides that after all of the tenants have continuously and lawfully occupied the property for at least thirty (30) days, an Owner must provide a statement of cause in any notice to terminate a Tenancy. See Division 42 of Article XIX of Chapter 8 of the Santa Ana Municipal Code for more information." (g) It shall be a defense to an action for possession of a rental unit under this Division if a trier of fact determines that: 1) Both of the following provisions apply: A. The tenant or tenant's household member is a victim of an act or acts that constitute domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking if the domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking has been documented by one of the following: A temporary restraining order, emergency protective order, or protective order issued within the last 180 days pursuant to law that protects the tenant or a household Order I- 25 — 20 10/4/2022 Page= EXHIBIT 2 member from domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking; or ii. The tenant or a member of their household has filed a police report within the previous 180 days alleging that they are a victim of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking. B. The notice to vacate is substantially based upon the act or acts constituting domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking against the tenant or their household member, including, but not limited to, an action for possession based on complaints of noise, disturbances, or repeated presence of police. 2) Notwithstanding this Section, an Owner may terminate the Tenancy if: A. The tenant or the person protected by a court order or who filed a police report allows the person against whom the protective order has been issued or who was named in the police report as committing an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking, to visit the rental property; or B. The Owner reasonably believes the presence of the person against whom the protective order has been issued or who was named in the police report as having committed an act of domestic violence, elder or dependent adult abuse, sexual assault, human trafficking, or stalking poses a physical threat to other tenants, guests, invitees, or to a tenant's right to quiet enjoyment and the Owner previously gave the tenant a three (3) day written notice to cease and correct this violation. (h) It shall be a defense to a no fault just cause action for possession of a rental unit under this Division if a person under the age of 21 is a resident of the subject rental unit, or has a custodial or family relationship with a tenant in the subject rental unit, and who is registered and actively attending any level of school during a specified school term. (i) Ansoale of o mobileheme pork shal�eoo�eyTreedaGhonoe of use pursuant suannt to Government Code cecti n 65063-7. AGGGr' y—,aAt least sixty (60) days prior to the sale of a mobilehome park, the Owner shall provide notice of such proposed sale to the mobilehome park residents and prepare a report on the impact of the sale of the mobilehome park, City Council 25 — 21 r Inancq age of 46 EXHIBIT 2 including a replacement and relocation plan that adequately mitigates the impact upon the ability of any displaced residents of the mobilehome park to be sold to find adequate housing in a mobilehome park, as applicable, pursuant to the req-urea}e�ove�Ton+i,T t Code seGtie �I 65863.' 7. (j) Any waiver of the rights under this section shall be void as contrary to public policy. V Oil - M"M -_.in... .�, Section 8-49953121 — Notice of Termination of Tenancy. (a) When terminating a Tenancy either at -fault or no-fault, an Owner must comply with all of the following: 1) The Owner must serve a written notice in accordance with Civil Code sections 1946 through 1946.5, to the tenant that states that, in addition to any information required by federal or State law, the Owner will terminate the Tenancy, and that indicates at least one at -fault or no- fault just cause reason as provided in section 8-19943120(b); and 2) The Owner has not accepted and will not accept rent or any other consideration in return for the continued use of the residential property beyond the term of the terminated Tenancy in compliance with Civil Code sections 1945 through 1946.5; and 3) The Owner qualifies the termination as at -fault or no-fault just cause, as specified in section 8-19943120(b); and 4) The Owner has submitted to the City, within five (5) days after service of the notice of termination on the tenant, a true and accurate copy of the Owner's written notice of termination, and proof of such service, signed under penalty of perjury, on the tenant, through the City's Rental Registry portal. The Owner shall maintain proof of service to the City as evidence that the Owner has complied with this section. Ord errIA�cc�� I- 25 — 22 10/4/2022 Page'''o EXHIBIT 2 5) The Owner must provide the notice in the language that the Owner and tenant used to negotiate the terms of the Tenancy, in addition to English. Section 8-19963122 — Retaliatory Eviction and Anti -Harassment. (a) Retaliatory Eviction. 1) If the main intent of the Owner in terminating a Tenancy or refusing to renew a Tenancy is retaliatory in nature, and if the tenant is not in default as to the payment of rent, then the Owner may not terminate the Tenancy or refuse to renew the Tenancy or cause the tenant to quit involuntarily. 2) A tenant may assert retaliation affirmatively or as a defense to the Owner's action regardless of the period of time which has elapsed between the tenant's assertion or exercise of rights under this Article and the alleged act of retaliation. 3) Retaliation against a tenant because of the tenant's exercise of rights under this Article is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Article in evaluating a claim of retaliation. (b) Anti -Harassment. No Owner, or any person, acting as a principal or agent, offering residential real property for rent, or any contractor, subcontractor or employee of the Owner shall, with respect to residential real property under any rental agreement or other Tenancy or estate at will, however created, do any of the following: 1) Interrupt, terminate, or fail to provide housing services required by rental agreement or by federal, State, County, or local housing, health, or safety laws, or threaten to do so, or violate or threaten to violate Civil Code section 789.3. A. 'Interrupt, terminate, or fail to provide housing services' in this provision does not include interruptions, terminations, or failure to provide housing services as a result of interruptions, outages, or terminations caused by events or actions outside of the Owner's control, such as utility outages caused by natural disaster. Further, this provision does not include stoppages, outages, terminations, and interruptions properly noticed to tenants as required by a signed rental agreement. City Council 25 — 23 r inanc146e W 46 EXHIBIT 2 2) Take any of the following actions in bad faith: A. Fail to perform repairs and maintenance required by rental agreement or by federal, State, or local laws; B. Fail to exercise due diligence in completing repairs and maintenance once undertaken; C. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts; D. Conduct elective renovation or construction of unit for the purpose of harassing a tenant; E. Refuse to acknowledge or accept receipt of a tenant's lawful rent payment as set forth in a rental agreement, by usual practice of the parties, or in a notice to pay rent or quit; F. Refuse to cash or process a rent check or other form of acceptable rent payment for over thirty (30) days after it is tendered; G. Fail to maintain a current address for delivery of rent payments; H. Violate a tenant's right to privacy without limitation, by requesting information regarding residence or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of obtaining information for the qualifications for a Tenancy; I. Release information protected by the tenant's right to privacy except as required or authorized by law; or J. Request or demand an unreasonable amount of information from tenant in response to a request for reasonable accommodation. 3) Abuse the right of access into residential real property as established by Civil Code section 1954 or other applicable law. This includes entries for inspections that are not related to necessary repairs or services; entries excessive in number; entries that improperly target certain tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; entries or Order I- 25 — 24 10/4/2022 PagegW EXHIBIT 2 demands for entry at times outside of normal business hours, unless for health and safety reasons or if the tenant agrees otherwise; entries contrary to a tenant's reasonable request to change the date or time of entry; photographing or otherwise recording portions of a rental unit that are beyond the scope of lawful entry or inspection; and misrepresenting the reasons for accessing residential real property. 4) Influence or attempt to influence a tenant to vacate residential real property through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a tenant to the United States Department of Homeland Security. 5) Threaten the tenant, by word or gesture, with physical harm, or abuse tenant with words, either orally or in writing, which are offensive and inherently likely to provoke an immediate violent reaction. This includes words used during in -person conversations, through social media postings or messages, or other communications. 6) Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 7) Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a rental unit based upon facts which the Owner has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Owner. No Owner shall be liable under this subsection for bringing an action to recover possession unless and until the tenant has obtained a favorable termination of that action. 8) Remove from the rental unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to enforcement of a legal termination of Tenancy. 9) Provide false written or verbal information regarding any federal, State, County, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice. False information includes, without limitation, requesting or demanding a tenant: A. Sign a new rental agreement not in the tenant's primary language if: City Council 25 — 25 r inancq age o EXHIBIT 2 rental agreement negotiations were conducted in the tenant's primary language; ii. The existing rental agreement is in the tenant's primary language; or iii. Owner is otherwise aware that the new rental agreement is not in tenant's primary language. B. Enter into a rent repayment plan if the Owner states, misrepresents, suggests, or implies, that the tenant should or must do so to take advantage of tenant protection laws that do not in fact require such plans. 10)Offer payments to: A. A tenant to vacate more than once in six (6) months, after the tenant has notified the Owner in writing that the tenant does not desire to receive further offers of payments to vacate; B. Attempt to coerce tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation. 11)Communicate with tenant in a language other than tenant's primary language for the purpose of intimidating, confusing, deceiving or annoying tenant. 12)lnterfere with a tenant's right to quiet use and enjoyment of a rental unit as that right is defined by law. 13)Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy. 14)Remove a housing service for the purpose of causing the tenant to vacate the residential real property. For example, taking away a parking space knowing that a tenant cannot find alternative parking and must move. Order I- 25 — 26 10/4/2022 PagMo EXHIBIT 2 15)Interfere with the right of tenants to organize as tenants and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature informing other tenants of their rights and of opportunities to involve themselves in their project in common areas, including lobby areas and bulletin boards. 16)Threatening or intimidating a tenant based on their immigration or citizenship status or otherwise disclosing a tenant's immigration or citizenship status in violation of California Civil Code section 1940.35(a) and California Code of Civil Procedure section 1161.4, as may be amended. er�01 ME- n:��enc�ne . . �r_�:r� �nr�tE�. Mgee DIVISION 53. — RENT STABILIZATION (a) Increases in rent on residential real property or mobilehome spaces in the City of Santa Ana in excess of three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less, and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the Costa -Hawkins Rental Housing Act codified in California Civil Code section 1954.50, et seq., or the Mobilehome Residency Law codified in California Civil Code sections 798, et seq. If the change in the Consumer Price Index is negative, no rent increase is permitted. The term Consumer Price Index means, at the time of the adjustment calculation completed by the City pursuant to subsection (b), the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the City's calculation pursuant to subsection (b). A violation of this section occurs upon the service of notice or demand for a prohibited increase in rent. City Council 25 — 27 r inancftge o 4 EXHIBIT 2 (b) No later than June 30th each year, beginning with the year 2022, the City shall announce the amount of allowable rent increase based on subsection (a) herein, which shall be effective as of September 1st of that year. Section 8- 23141 — Reasonable Rate of Return. This ordinance allows for an annual adjustment of residential real property or mobilehome space rent of up to three percent (3%), or eighty (80%) of the change in the Consumer Price Index, whichever is less. A Consumer Price Index -based increase is found and determined to provide a just and reasonable return on an owner's property, and has been adopted to encourage good management, reward efficiency, and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive rents and rental increases. Notwithstanding the foregoing, however, any owner of residential real property or a mobilehome park who contends that the limit on rental increases set forth in Section 8-1 a�3140 above will prevent the owner from receiving a fair and reasonable return on their property may petition for relief from the cap set forth in section 8-1 a�3140 pursuant to the procedures set forth in +�8 1 a�this Division. Section 8-10�3142 — Fair Return Petition for Rent Increase. OMAN ._.1111 . .. .. ._ ._ ,.. . . - . Order Page I- 25 — 28 10/4/2022 O EXHIBIT 2 City Council 25 — 2g r inancq jge ofof 46 EXHIBIT 2 (a) A Landlord may submit a Fair Return Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a Rent Increase in excess of that provided in this Division in order to obtain a fair and reasonable return on the Rental Unit. (b) Standard of Review. All relevant factors shall be considered when evaluatina a Fair Return Petition, includina. but not limited to, the followina: 1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics; 2) The Rent lawfully charged for comparable Rental Units in the City; 3) The length of time since the last determination on a Fair Return Petition, or the last Rent increase if no previous Fair Return Petition has been made; 4) The completion of any rehabilitation work related to the Rental Unit, and the cost thereof, including materials, labor, construction interest, permit fees, and other items deemed appropriate; 5) Changes in property taxes or other taxes related to the Rental Unit; 6) Changes in the Rent paid by the Landlord for the lease of the Rental Unit; 7) Changes in the utility charges for the Rental Unit paid by the Landlord, and the extent, if any, of reimbursement from the Tenants; 8) Changes in reasonable Operating Expenses; 9) Changes in Net Operating Income; 10) The need for repairs caused by circumstances other than ordinary wear and tear; 11) The amount and quality of Housing Services provided by the Landlord to the Tenants; 12) Compliance with any existing Rental Agreement lawfully entered into between the Landlord and Tenants; and Order I- 25 — 30 10/4/2022 PagegWo EXHIBIT 2 13) Landlord's substantial compliance with this Article and applicable housing, health and safety codes. Section 8-3143 — Capital Improvement Petition a) Effective Julv 1. 2023. or as modified by resolution of the Citv Council. a Landlord may submit a Capital Improvement Petition to the Program Administrator in accordance with the procedures set forth in this Division requesting a pass -through cost to the Tenants to cover exaenses incurred by the Landlord to complete Capital Improvements for the Rental Unit pursuant to the following provisions: 1) The Capital Improvement was paid for and completed after November 19, 2021 (the effective date of the first adopted Rent Stabilization Ordinance); 2) The Capital Improvement was paid for and completed prior to the filing of the Capital Improvement Petition; 3) A Capital Improvement Petition must be initiated by the Landlord within two (2) years of completion of the Capital Improvement; 4) A Capital Improvement Petition shall not apply to Rental Units or new Tenants whose initial Rent was established after the Landlord completed the Capital Improvement; 5) The Landlord may not require a Tenant to pay any amount of any cost that is attributable to anv period of time that the Tenant was not entitled to use and occupy the Rental Unit; 6) The Landlord may not require a Tenant to pay more than the Tenant's share of the cost attributable to that Tenant's Rental Unit that is permitted to be passed through to the Tenant; 7) If the Capital Improvement inures solely to the benefit of one or more of the Rental Units, but to less than all, the surcharge shall be so annualized, but shall be applied and/or prorated only with respect to the one or more Rental Units actually so benefited; 8) Equipment otherwise eligible as a Capital Improvement will not be considered if a "use fee" is charged (i.e. — coin operated washer and dryers); and, 9) Pass through costs for Capital Improvements shall not be considered Rent and shall not be increased when Rent Increases, nor shall thev be considered Rent for Duraoses of calculatina a Rent Increase. (b) Calculating Capital Improvements. Any Capital Improvement pass- throuah cost must be calculated accordina to the followina: City Council 25 — 31 r inancftge of 46 EXHIBIT 2 1) Capital Improvement costs must be amortized over the useful life of the Capital Improvement, not to exceed ten percent (10%) of the current Rent; for the purposes of such computation, the current Rent for any time period shall not include any Capital Improvement Dass-throuah amounts: 2) For mixed -use structures and Landlord -occupied Rental Units, only the percent of residential square footage will be applied in the calculations; 3) If a unit is occupied by an agent of the Landlord, this unit must be included when determining the average costs per Rental Unit; and, 4) If the Landlord is reimbursed for Capital Improvements (i.e. — insurance, court -awarded damages, subsidies, etc.), such reimbursement must be deducted from the Capital Improvements before costs are amortized and allocated among the Rental Units. (c) Standard of review. All relevant factors shall be considered when evaluatina a Capital Improvement Petition. includina the followina: 1) Capital Improvement completed; 2) Landlord's Petition made within two (2) years of completion of Capital Improvement; 3) Distinguished from ordinary repair or maintenance; 4) For the primary benefit, use, and enjoyment of the Tenant; 5) Permanently fixed in place or relatively immobile and appropriated to the use of the Rental Unit; 6) No "use fee" or other charge imposed on Tenants for its use; and, 7) Cost -factored and amortized. Section 8-3144 — Tenant Petition (a) Effective July 1, 2023, or as modified by resolution of the City Council, a Tenant may submit a Petition to the Program Administrator in accordance with the Drocedures set forth in this Division on anv one (1) or more of the followina arounds: 1) To request review of a Rent Increase in excess of the maximum allowed Rent Increase; 2) To request a reduction in Rent based on decreased Housing Services; 3) To request a reduction in Rent based on failure of the Landlord to maintain a habitable premises, including health, safety, fire, or building code violations; 4) To contest a Capital Improvement cost as an unauthorized or excessive pass through; or, Ord irrcc�� I- 25 — 32 10/4/2022 Page'''o EXHIBIT 2 5) For any other violation of this Article by the Landlord. (b) Tenant's time to file a Petition. Where applicable, a Tenant filing a Petition under this Division shall do so within the following time limits: 1) Tenant receiving a notice of Rent Increase shall have thirty (30) days after service of such notice to file a Petition for review of Rent 2) In instances where notice is not provided as required, the Tenant shall file a Petition for review of Rent within thirty (30) days after Tenant knew of the alleged failure to comply with the requirements of this Article: and. 3) For any other violations, of this Article by the Landlord, the Tenant shall file a Petition within one hundred and eighty (180) days of the alleged violation(s). c) Standard of Review. All relevant factors shall be considered when evaluating a Tenant Petition, including the following: 1) Landlord allows violations of this Article or other applicable state and local statutes to persist; 2) Any reduction of Housing Services, living space, or amenities; 3) Substantial deterioration of the Rental Unit other than as a result of ordinary wear and tear; 4) Landlord's failure to provide adequate Housing Services; 5) Tenant provided Landlord with reasonable notice and opportunity to correct the conditions that provide the basis for the petition; and, 6) Landlord's failure to comply substantially with this Article or applicable housing, health and safety codes. d) Restoration of Rent Decrease. Where a Rent decrease has been ordered pursuant to this Division due to a decrease in Housing Services or failure to maintain habitability, the amount of Rent decreased (return of excess Rent) may be restored in accordance with procedures set out in the regulations when the former Housing Services or maintenance levels are reinstated. Section 8-3145 — Petition Process A Landlord or a Tenant may file Petitions with the Program Administrator, as provided in this Division. For purposes of this Petition process, the Landlord and each Tenant of a Rental Unit that is the subject of a Petition shall be a "party" to the Petition. The Program Administrator shall promulgate regulations regarding procedures for City Council 25 — 33 r inancftge of 46 EXHIBIT 2 Petitions filed under this Article. Petitions shall be governed by such regulations and the provisions of this Section. (a) Filing Petition. Upon the filing of a Petition, the Program Administrator shall notify the petitioner of the acceptance or denial of the Petition based on the completeness of the submission. The Program Administrator shall not assess the merits of the Petition, and shall only refuse acceptance of a Petition that does not include required information or documentation or comply with the requirements of this Divisinn_ (b) Filing Fee. Fees for the filing of any Petition shall be established by Ci Council resolution in the City's Miscellaneous Fee Schedule. c) Prior Petition. Notwithstandina anv other provision of this Division. no Petition shall proceed if a decision has been made with regard to a prior Petition based on the same or substantially the same grounds within the previous one hundred and eighty (180) days. d) No Landlord Petition or u under this Division if the Landlord: rd adiustment of Rent shall be authorized 1) Has continued to fail to comply, after order of the Board, with a provisions of this Article and/or orders or regulations issued thereunder by the Board: or. 2) Has failed to bring the Rental Unit into compliance with the implied warranty of habitability. e) Notice of Petition. As soon as possible after acceptance of a Petition, the Program Administrator shall provide written notice to the Landlord, if the Petition was filed by the Tenant, or the Tenant, if the Petition was filed by the Landlord, of the receipt of such a Petition. The written notice shall inform the parties of the Petition process, the right to respond, and include a copy of the completed Petition and supportive documents. Any response submitted by the responding party will be made available to the petitioning party. (f) Hearing Officer. An impartial hearing officer appointed by the Program Administrator shall conduct a hearing to act upon the Petition. The Hearing Officer has the following powers: 1) To make a determination on a Petition; and 2) Any other powers delegated to the Hearing Officer by the Board. Board Action in Lieu of Reference to Hearina Officer. The Board. on its own motion, in the Board's sole discretion, may hold a hearing on a Petition without the Petition first beina heard by a Hearina Officer. Order I- 25 — 34 10/4/2022 PagAWo EXHIBIT 2 (h) Time of Hearing. Each accepted Petition shall be scheduled for a hearing by the Hearing Officer to be held on a date not more than sixty (60) days from the date the Program Administrator accepts the Petition. With agreement of the parties, the Hearing Officer may hold the hearing beyond the sixty (60) days. In no event later than ten (10) days prior to the hearing, the Hearing Officer shall notify all parties as to the time. date. and Dlace of the hearina. (i) Consolidation. All Landlord Petitions pertaining to Tenants in the same building shall be consolidated for hearing, and all Petitions filed by Tenants occupying_ the same building shall be consolidated for hearing, unless the Program Administrator or Hearina Officer finds aood cause not to consolidate such Petitions. (j Right of Assistance. All parties to a hearing may have assistance in resentina evidence and develoDina their Dosition from attornevs, leaal workers. or other persons designated by said parties. Rules of Evidence. Formal rules of evidence shall not be aaDlicable to hearings on Petitions. At such a hearing, the parties may offer any documents, testimony, written declarations, or other evidence that, in the opinion of the hearing officer, is credible and relevant to the Petition. The Hearing Officer may consider the results of inspections of the property in question and the results of any other investigations conducted by or at the request of the Hearing Officer or Program Administrator. Evidence unduly repetitious, lacking credibility, or irrelevant evidence shall be excluded upon order by the Hearing Officer. (1) Evidence. Any party may appear and offer such documents, testimony, written declarations, or other evidence as may be pertinent to the proceeding. The hearing officer may require either party to a Petition to provide any books, records, or papers deemed pertinent, in addition to that information contained in the Petition and Rental Registry. The hearing officer may request the City to conduct a current building inspection if the hearing officer finds good cause to believe the current information does not reflect the current condition of the Rental Unit. All documents required under this section shall be made available to the parties involved prior to the hearing. In cases where information filed in a Petition or in additional submissions filed at the request of the Hearing Officer is inadequate or false, no action shall be taken on said Petition until the deficiency is remedied. m) Quantum of Proof. The Dartv who files the Petition shall have the burden of proof. No Petition shall be granted unless supported by the preponderance of the evidence submitted at the hearina. (n) Time for Decision. The policies and procedures adopted by the Board shall provide for final action on anv Petition within a reasonable time. (o) Notice of Decision. The Hearing Officer shall make a determination on the merits of the Petition and shall Drovide a written statement of decision. includina findinas City Council 25 — 35 r inancq age ofof 46 EXHIBIT 2 upon which the determination is based. The Hearing Officer's decision on a Petition may be reasonably conditioned in any manner necessary to effectuate the purposes of this Article. Additionally, the parties to the hearing shall also be notified of their right to any appeal allowed by the Board and/or to judicial review of the decision pursuant to this Division. (p) Hearing Record. The record of the hearing shall include: the Petition; all exhibits, papers, and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions, orders and/or rulings; all final decisions, orders and/or rulings; and the reasons for each final decision, order and/or ruling. All hearings shall be recorded. (g) Appeal. Any person aggrieved by the decisions of the Hearing Officer may appeal to the Board. An appeal to the Board shall be filed no later than thirty (30) days after receipt of the notice of the decision of the Hearing Officer. On appeal, the Board shall affirm, reverse, or modify the decision of the Hearing Officer. Unless the Board elects to conduct a de novo hearing, Board review of the Hearing Officer's decision shall be based on the hearing record without holding a new hearing. The Board may consider additional evidence for good cause, including evidence which did not exist at the time of the hearing or which could not be discovered using due diligence by a party. If no Board exists, any appeal of the Hearing Officer decision on a Petition shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the Santa Ana Municipal Code. (r) Finality of Decision. The decision of the Hearing Officer shall be the final decision of the Board in the event of no appeal to the Board. The decision of the Hearing Officer shall not be stayed pending appeal; however, in the event that the Board on appeal reverses or modifies the decision of the Hearing Officer, the Board shall order the appropriate party to make retroactive payments, as applicable, to restore the parties to the position they would have occupied had the Hearing Officer's decision been the same as that of the Board. Section 8-3146 — Voluntary Mediation (a) Voluntary mediation services shall be provided by the City. Upon request, the Program Administrator shall appoint a mediator and set a date for a mediation no later than thirty (30) days after the acceptance of the subject Petition, unless the Program Administrator determines that additional time is required under the circumstances. The Program Administrator shall notify the Landlord and Tenant(s) in writing of the date, time, and place of the mediation hearing at least ten (10) days prior to the mediation. This notice shall be served either in person or through ordinary mail or electronic correspondence. Order I- 25 — 36 10/4/2022 PagetW EXHIBIT 2 (b) It is the intent and purpose of mediation to provide a process in which mediators may assist disputants in reaching a voluntary agreement. Accordingly, except as otherwise expressly provided herein, there shall be no penalty or disability, either civil or criminal, for failure to participate in the mediation process, and there shall be no penalty, either civil or criminal, for failure to reach agreement with a disputant in the mediation process. (c) Mediation is a voluntary collaborative process wherein the Landlord and Tenant(s) who have a disagreement can develop options, consider alternatives, and develop a consensual agreement. The role of the mediator is to facilitate open communication to resolve a disaute in a non -adversarial and confidential manner. (d) If the Landlord and Tenant agree to a resolution, the mediator may assist the parties in preparing a written settlement agreement for the signature of the Landlord and the Tenant, provided that in doing so the mediator confines the assistance to statina the settlement as determined by the parties. Such aareement shall constitute a leaallv enforceable contract. e) Should the Darties fail to aaree to a resolution, or the mediator determines that the parties have reached an impasse, the mediator may refer the Petition back to the Program Administrator to continue the Petition review process detailed in this Division- (f) All documents and results related to mediations and facilitations held ursuant to this Article shall be kept confidential and shall be inadmissible as evidence in any subsequent administrative or judicial proceeding. (q) The mediator and/or program administrator shall provide documentation and translation services in the language that the Owner and tenant used to negotiate the terms of the Tenancv (e.a.. Spanish. Chinese. Taaaloa. Vietnamese and Korean). as well as English. Section 8-43147 — Exemptions. (a) Pursuant to the Costa -Hawkins Rental Housing Act, the provisions of this ordinance regulating the amount of rent that a residential real property owner may charge shall not apply to the following: any residential real property that has a certificate of occupancy issued after February 1, 1995 (California Civil Code section 1954.52(a)(1)); and, any other provisions of the Costa -Hawkins Rental Housing Act addressing exemptions, as applicable. (b) Pursuant to the Mobilehome Residency Law, the provisions of this ordinance regulating the amount of rent that a mobilehome park owner may charge for a mobilehome space shall not apply to the following: any mobilehome space subject to a long term (more than one year) rental agreement (California Civil Code section 798.17); City Council 25 — 37 r inancqag50 e ofof 46 EXHIBIT 2 any newly constructed mobilehome space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); mobilehomes not being used as a person's primary residence that are not being leased to someone else (California Civil Code section 798.21); and, any other provisions of the Mobilehome Residency Law addressing exemptions, as applicable. (c) Pursuant to the Tenant Protection Act of 2019, Civil Code section 1947.12(d), the provisions of this ordinance regulating the amount of rent that a residential real property Owner may charge shall not apply to the following: ._. .. ... (1) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (2) Housing that has been issued a certificate of occupancy within the previous 15 years. (3) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: A. The owner is not any of the following: n. i. A real estate investment trust, as defined in section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. i. The tenants have been provided written notice that the residential real property is exempt from this section using the following statement: "This property is not subject to the rent limits imposed by Santa Ana Municipal Code section 8-1998.13140 and the owner is not any of the following: (1) a real Order I- 25 — 38 10/4/2022 PageWo EXHIBIT 2 estate investment trust, as defined by section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." For a tenancy existing before the effective date of this ordinance, the notice required under clause (i) may, but is not required to, be provided in the rental agreement. iii. For a tenancy commenced or renewed on or after the effective date of this ordinance, the notice required under clause (i) must be provided in the rental agreement. (4) A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. ON Section 8-1998.53148 — Rent Increase Ineffective. No rent increase shall be effective if the owner: (a) Fails to substantially comply with all provisions of this Division, including but not limited to the failure to provide notices as required; or (b) Fails to maintain the residential real property or mobilehome space in compliance with California Civil Code Sections 1941.1 et seq. and California Health and Safety Code sections 17920.3 and 17920.10, except as to Mobilehomes and Mobilehome Spaces in Mobilehome Parks that are subject to the Mobilehome Parks Act, Health and Safety Code section 18200, et seq.; Manufactured Housing Act, Health and Safety Code section 18000, et seq.; or the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sections 5401, et seq., as applicable; or (c) Fails to make repairs ordered by the City or court of competent jurisdiction. City Council 25 — 39 r inancq age ofof 46 EXHIBIT 2 (d) No rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-4999.63149 — Notice Requirements. (a) An owner of any residential real property or mobilehome space subject to this provision shall, on or before the date of commencement of a tenancy, give the tenant a written notice in a form prescribed by the City which must include the following information: (1) The existence and scope of this Division 63 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the owner pursuant to SeGtiGR 8-1998.3this Division. (b) As part of any notice to increase rent, an owner must include: (1) Notice of the existence of this Division 63 of Article XIX of Chapter 8 of the Santa Ana Municipal Code; and (2) The tenant's right to respond to any Fair Return or Capital Improvement Petition filed with the City by the owner pursuant to seGtiGR 8-1998.3this Division, unless such rent increase is pursuant to an approved Fair Return Petition. (3) No rent increase shall take effect until the requirements of this Division have been met. (c) The owner must give notices to the tenant in the language that the owner and tenant used to negotiate the terms of the tenancy (e.g., English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) as well as English. (d) Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to, notice of Rent Increase and notice of eviction, shall be provided to the City through the Rental Registry portal. Order I- 25 — 40 10/4/2022 PagAWo EXHIBIT 2 • - ie- lee DIVISION 4. — RENTAL REGISTRY AND RENTAL REGISTRY FEE Section 8-3160 — Rental Registry Effective July 1, 2023, or as modified by resolution of the City Council, the City shall create a Rental Registry and all Landlords with Rental Units in the City of Santa Ana shall complete and submit Registration Forms for each Rental Unit pursuant to the following: (a) Initial Registration. A Landlord must file an initial Registration Form with the Citv for each Rental Unit that is subiect to the arovisions of this Article. Registration of a Rental Unit shall not be complete until an Owner has: 1) Completely and accurately provided a Registration Form; and, 2) Paid all fees owed to the City with respect to the Rental Unit including Registration Fees imposed pursuant to this Article. (b) Change of Ownership or Management. 1) Whenever a change in ownership of a Rental Unit occurs, the Landlord shall provide the City with written notice of the change in ownership, including the date of transfer, and the name, address and contact information of the new owner, within thirty (30) days of the close of escrow. 2) The new owner is required to file a Registration Form with the City within sixty (60) days of such change. The new owner's Registration Form will only be accepted by the City if it is accompanied by a copy of a written notification on a form prescribed by the Program Administrator from the Landlord to all Tenants advising the Tenants of the change in ownership of the building and setting forth the name, address and contact information of the new owner and of the new owner's property manager or representative, and a declaration that the new owner served the written notification on all the Tenants. City Council 25 — 41 r inancq age of 46 EXHIBIT 2 3) Registration amendments also shall be required to be filed with the City within sixty (60) days of a change of the property management or authorized agent or if the address of the owner or authorized agent changes. (c) Re -Registration Following a Vacancy. A Landlord shall, in the manner described herein, re -register a Rental Unit with the City within thirty (30) days after a vacancy has occurred and the Rental Unit is re -rented. d) Claim of Exemption. Anv Landlord that is claimina anv exemption from this Article must file a claim of exemption with the City. The Landlord shall provide the City, on a form approved by the Program Administrator and accompanied by supporting documentation, a written declaration stating the facts which support the claim of exemption from the provisions of this Article. If the written declaration and supporting documents are not submitted by 1 of each year for any Rental Unit, that Rental Unit shall be deemed to be subject to the provisions of this Article. If the Board determines that any Unit was incorrectly registered as exempt due to any affirmative misrepresentation by the Owner, the exemption for that Unit may be revoked retroactively, and the Unit will be subject to any applicable enforcement measures. e) Termination of Exemption. Anv time a Rental Unit that has been exem under the provisions of this Article loses its exempt status due to termination of the conditions qualifying it for exemption, the Landlord of such Rental Unit is required to file a Registration Form for said Rental Unit within thirty (30) days of the change in status. Annual Reauirement. For the subseauent vears after the initial Registration date, each Registration Form and claims of exemption(s) must be annually filed on or before Julv 1 of each vear. The Rental Housina Board may modifv the annual reaistration date. Contents of Reaistration Form. The Rental Reaistration Form shall completely and accurately provide the following information from the Landlord for each Rental Unit as of the date of filing the Registration Form: 1) Address of each Rental Unit including identifying number or letter; 2) Number of bedrooms and bathrooms in the Rental Unit; 3) Name, current address, and contact information of current owners, authorized representatives and property managers; 4) Date of assumption of ownership by current owners; 5) Current Rent; 6) Date and amount of last Rent Increase; and 7) Move -in date of current Tenant(s). The Board and/or Program Administrator may adopt policies and procedures that uire additional information to be collected and recorded in Reaistration Forms in furtherance of the objectives of this Article. Ord irr��cc�� I- 25 — 42 10/4/2022 Page'�$''o EXHIBIT 2 (h) Affidavit. All Rental Registration Forms provided by Landlords in accordance with this Division shall include an affidavit signed by the Landlord declaring under penalty of perjury that the information provided in the Rental Registration Form is true and correct. (i) Notices. Any notices or documents required to be provided from a Landlord to a Tenant by this Article or any other federal, state, or local law, including, but not limited to. notice of Rent Increase and notice of eviction. shall be Drovided to the City through the Rental Registry portal. (i) Proper Registration. Registration of a Rental Unit shall not be complete until the Landlord has: 1) Paid all fees and penalties owed to the City with respect to the Rental Unit, including the Rental Registry Fee, imposed pursuant to this Article; and, 2) Filed a complete and accurate Registration Form for that Rental Unit including all information required by this Division and any policies and procedures adopted by the Board and/or Program Administrator. (k) Commencing October 1, 2023, the City may commence enforcement against any Landlord who fails to register a Rental Unit, or provide current and accurate data regarding a Rental Unit, according to this Division. Furthermore, no Landlord shall advertise for rent, demand or accept rent for a Rental Unit, or evict any Tenant from a Rental Unit, if the Rental Unit Registration is not complete and accurate. In addition, no petition, application, claim or request, and no rent increases shall take effect for any Rental Unit unless the Landlord has accurately completed the Rental Unit Registration. Section 8-3161 — Rental Registry Fee Effective July 1. 2023. or as modified by resolution of the Citv Council. an annual Rental Registry Fee shall be imposed on each Rental Unit in the City. All Landlords with Rental Units that are subject to this Article shall pay the Rental Registry Fee as established by the City Council. The Rental Registry Fee is to fund the City's cost to implement. administer, monitor, suaaort. and enforce the Drovisions of this Article. a) Amount of Fee. A Landlord shall Dav to the Citv a Rental Reaistry Fee for each of the Landlord's Rental Units in the City. The amount of the Fee shall be determined by resolution of the City Council adopted from time to time and set forth in the City's Miscellaneous Fee Schedule. The Fee shall not exceed the amount found b� the Citv Council to be necessary to administer the provisions of this Article. and the Cit) Council's findings in this regard shall be final. City Council 25 — 43 r inancftge of 46 EXHIBIT 2 (b) Deadline for Landlord Payment of Rental Registry Fee. Annual Rental Registry Fees shall be due and owing on July 1 each year, or within thirty (30) calendar days of any subsequent changes to the Rental Unit. (c) Late Payment. Any Landlord responsible for paying the Rental Registry Fee who fails to pay the Fee by October 1, or within sixty (60) calendar days of any mid- year due date, will be delinquent and shall, in addition to the Fee, pay additional late charges, penalties of assessments as determined by resolution of the City Council. The amount of Rental Registry Fee and any penalty imposed by the provisions of this Article shall be deemed a debt to the City. (d) Pass Through to Tenants. After timely payment of the Rental Registry Fee, the Landlord may pass through up to fifty percent (50%) of the Fee to Tenants of the applicable Rental Unit, to be paid by the Tenant in twelve (12) equal monthly installments. The Fee pass -through shall not be considered part of the Rent in calculating any Rent increase. If a Landlord fails to timely pay the Fee and becomes delinquent, neither the Fee nor any penalties can be passed through to the Tenant. In the event a Tenant paid registration fee pass -through costs in excess of that permitted by this Division, the Landlord shall reimburse the Tenant for the registration fee pass - through cost overpayment. No Pass-Throuah for Subsidized Tenants. No portion of the registration fee may be passed through to tenants who reside in housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. Section 8-3162 — Education and Outreach. The Program Administrator shall have the authority to contract with community - based organizations for them to assist in the education and outreach related to this Article. DIVISION 5. — RENTAL HOUSING BOARD Section 8-3180 — Rental Housina Board Order I- 25 — 44 10/4/2022 PagetWo EXHIBIT 2 There is herebv created and established a Rental Housina Board to perform the functions designated in this Article. The composition of the Board and selection of Board Members shall be based upon the followina: (a) Membership of Board. The Rental Housing Board shall consist of seven (7) Board Members who shall be appointed by the Mayor and approved by the City Council, including: 1) Three (3) Tenants, including at least one (1) Mobilehome Tena 2) Three (3) Landlords; and 3) One (1) at -large Member with no financial interest and no ownership of income -generating rental housing. (b) Chairperson. The Board shall elect annually one of its Members to serve in the capacity as Chairperson. (c) Eligibility. Residents of the City are eligible to serve as members of the (d) Full Disclosure of Holdings. Nominees for the position of Board Member shall submit a verified statement listing all of their interests and dealings in real property including, but not limited to, ownership, sale or management of real property during the previous three (3) vears. The Board may promulaate additional reaulations. (e) Conflict of Interest. Board Members shall be subject to the requirements of the California Political Reform Act and other applicable state and local conflict of interest codes. Accordingly, a Board member shall be disqualified from participating in any hearing on an application, petition, or appeal where the Board Member is either the Landlord or a Tenant residina at the subiect property. or has anv other form of conflict of interest. (f) Training Required. All Board members shall attend training as designated by the Program Administrator. Section 8-3181 — Rental Housina Board Member Term and Compensation (a) Term. Board Members shall serve terms of two (2) years and may serve up to four (4) full terms for a total Term not to exceed eight (8) years. However, the Cii Council may remove a Board Member at any time for any reason. (b) Compensation. Fifty dollars ($50.00) per meeting, plus fifty dollars ($50.00) per month automobile allowance. Section 8-3182 — Rental Housing Board Powers and Duties City Council 25 — 45 r inancftge o 4 EXHIBIT 2 al The Rental Housina Board shall have the followina Dowers and duties: 11 To hold reaular meetinas at least once each calendar month, or as needed, as fixed by the by-laws of the Board. 2) Conduct hearings on petitions, applications, and appeals of hearings determined by a Hearing Officer submitted by Landlords or Tenants under this Article. Any fees for such hearings shall be established by City Council resolution in the City's Miscellaneous Fee Schedule. 3) Promulgate and implement policies and procedures for the administration and enforcement of this Article. Make such studies, surveys, and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. 4) Review and assess yearly that sufficient number of staff are employed, including a Program Administrator, hearing officers, housing counselors and legal staff, as may be necessary to perform its function efficiently in order to fulfill the Durpose of this Article. 5) Any other duties as necessary to administer and enforce this Article. 6) Such other duties as are designated by resolution of the City Cnunril_ Section 8-3183 — Rental Housing Board Policies and Procedures The Board shall issue and follow such policies and procedures, including those which are contained in this Article, as will further the Durposes of the Article. Section 8-3184 — Rental Housina Board Meeti (a) The Board shall hold such regularly scheduled meetings as are necessary to ensure the timely performance of its duties under this Article. All regular and special meetings shall be called and conducted in accordance with state law. orum. Four (4) members of the Board shall constitute a auorum for the transaction of business. (c) Voting. The affirmative vote of four (4) members of the Board is required for a decision, including all motions, rules, regulations, and orders of the Board. Section 8-3185 — Judicial Review Order I- 25 — 46 10/4/2022 Page190 EXHIBIT 2 Any decision of the Rental Housing Board shall be final unless judicial review is sought in a court of competent jurisdiction within thirty (30) days of the date of the Board's decision. The Board decision shall take effect immediately unless provided otherwise in the decision, regardless of whether a party seeks judicial review. DIVISION 6. — ENFORCEMENT AND REMEDIES Section 8-3200 — Violations a) It shall be unlawful for any Derson to violate or fail to comply with an provision of this Article. The violation of any provision of this Article shall first be punished through the use of an administrative citation, as provided in Santa Ana Municipal Code section 1-21. et sea.. prior to prosecution as a misdemeanor or infraction, as provided in Santa Ana Municipal Code section 1-8. (b) Civil Action. Any aggrieved person, including the City and the People of the State of California, may bring a civil action for damages for any violation of this Article or the rules, regulations, orders and decisions of the Rental Housing Board. The burden of proof in such cases shall be by a preponderance of the evidence. No administrative remedy need be exhausted prior to filing a civil suit pursuant to this section- (c) Injunctive Relief. Any person who commits an act, proposes to commit an act, or engages in any pattern and practice that violates this Division, or the policies, procedures, regulations, rules, orders and decisions of the Rental Housing Board, may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, including the City and People of the State of California. No administrative remedy need be exhausted prior to filina an action for iniunctive relief pursuant to this section. (d) Affirmative Defense. A Landlord's failure to comply with any requirement of this Article may be asserted as a complete affirmative defense in an unlawful detainer or any other action brought by the Landlord to recover possession of the Rental Unit. Additionally, any attempt to recover possession of a Rental Unit in violation of this Article shall render the Landlord liable to the Tenant for damages in a civil action for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attornevs' fees. (e) Public Nuisance. In addition to other penalties provided by law, any condition caused or permitted to exist in violation of any provision of this Article shall be deemed a public nuisance and may be summarily abated as such by the City, and each day such condition continues shall constitute a new and separate offense. (f) Non -Exclusive. The remedies provided in this Article are not exclusive, and nothina in this Article shall preclude any person from seekina anv other remedies City Council 25 — 47 r inancq age o EXHIBIT 2 nalties or arocedures arovided by law. nor is exhaustion of remedies under this section a prerequisite to the assertion of any other such right. Section 4. 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 State 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." 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 to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. Ord It I- 25 — 48 10/4/2022 PageJv EXHIBIT 2 ADOPTED this day of 2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney /A - Ryan O. Hedge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: City Council 25 — 49 r inancq age ofof 46 EXHIBIT 2 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original Ordinance adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Order I- 25 — 50 10/4/2022 Paget*o EXHIBIT 3 Options for the Composition of the Board from RSG's Long -Term Implementation Plan Jurisdiction Board Name Members Scope of Work 5 members appointed Review requests from by the Mayor and approved by City tenants concerning rent Council increases Rent Review 2 Tenants Hold hearings for Alameda Advisory • 2 Housing requests for a rent Committee Providers increase review • 1 Residential Make recommendations Property Owner to the tenants and their but not Housing housing providers about Provider the increases 9 Commissioners elected by voters • Must submit a • Implement and oversee Rent Board (with verified statement program Berkeley a number of of their interests • Enact regulations Committees) and dealings in • Hearing petition appeals real property filed by tenants and during the landlords previous three years 6 members and 3 Make recommendations alternates appointed to the City Council by City Council concerning • 2 Landlords amendments to 2 Tenants chapters of the Code Rent that have not been Beverly Hills Stabilization • 2 members who resolved by the City Commission are not tenants or Council managers or have � Perform any other financial interest functions that may be in multi -family designated by resolution residential rental or motion of the City property Council City Council 25 — 51 10/4/2022 EXHIBIT 3 • Review applications submitted by landlords 5 members appointed or tenants by the mayor and • Establish policies and approved by City procedures for Inglewood Rental Housing Council administration and Board • 2 Landlords compliance of the • 2 Tenants program • 1 City • Conduct hearings on employee petitions filed or appeals of decisions of a Hearing Officer filed 5 members, • Establish Base Rent appointed by the • Make adjustments in Mayor subject to rent increases and three additional votes decreases by City Council • Establish rules and Richmond Rent Board members regulations • Shall be no more • Charge and collect than two members registration fees that own or • Collect/receive copies of manage any landlord notices rental property or • Refer violations to are realtors appropriate authorities • Controlling residential rents • Limiting the grounds for eviction Santa Monica Rent Control 5 elected • Preserving rental Board Commissioners housing • Encouraging maintenance • Ensuring landlords receive a fair return City Council 25 — 52 10/4/2022 City Council www.santa-ana.org/city-council Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Councilmember Requested Item: Closed Session Discussions Relating to Labor Negotiations TITLE Discuss and Provide Direction to the City Manager and City Attorney to Report to the City Council What is Necessary to Adopt a Policy to Move all Santa Ana Police Officers Association Contract Negotiations into a Public Forum DISCUSSION Councilmember Lopez added the following councilmember requested item: At least one, but possibly more members of the current Santa Ana City Council are leaking confidential closed session information to the Association President of the Santa Ana Police Officers Association, Gerry Serrano. The action of leaking confidential information shared during closed session meetings undermines the good faith labor negotiations of the City, is a violation of the oaths of office of the councilmembers engaging in this activity, and is possibly considered illegal. These actions directly contradict their official duties as councilmembers. On February 2 and 16, 2021, the City Council met to discuss privileged information pertaining to the level of involvement the City should have in Gerry Serrano's pending CaIPERs appeal hearing. Shortly after these closed session discussions, and before any public actions were taken, Gerry Serrano had knowledge of the City's direction and expressed his anger with councilmembers and staff. In August 2022, the City Council met to discuss privileged information regarding negotiating strategies with the Santa Ana Police Officers Association (POA). The negotiating team met with the POA on August 24 to relay direction. However, Gerry Serrano made comments indicating specific and direct knowledge about the City's negotiations strategy. It is the lead negotiator's belief that Gerry Serrano had direct knowledge of the City Council's closed session discussion and the specifics of the conversation regarding the ongoing contract negotiations with the POA. City Council 26 — 1 10/4/2022 Councilmember Requested Item: Closed Session Discussions Relating to Labor Negotiations October 4, 2022 Page 2 I have no confidence that any closed session discussion of the POA contract negotiations will not be leaked to Gerry Serrano and the POA. Therefore, I ask the City Council to move all POA contract negotiations into a public forum so that every member of the public has the same level of access to information that has been consistently and covertly provided to Gerry Serrano during these negotiations. This item was discussed with the City Manager and City Attorney. Submitted By: Councilmember Jessie Lopez City Council 26 — 2 10/4/2022