HomeMy WebLinkAboutCorrespondence - Non-Agenda Orozco, Norma
From: alexis kerk <alexiskerk6@gmail.com>
Sent: Wednesday, May 31, 2023 10:53 AM
To: eComment
Subject: Willard District Parking Ticket Problem - Unsolved
Hello, the reason I am contacting you today is to see if I can get a faster response If I can receive a
temporary parking permit till new parking signs are posted.
Hello, I live in the Willard district. I contacted the City Council in December about the problem that has been
happening since November 2022. Currently it is May 2023 which is about 6-7 months now.
I have been forwarded to the Neighborhood association and Traffic engineering team.
They have explained to me that they will be installing a pilot program to remove "no parking 2am-7am" in some
of the areas due to people addressing the ticket problem. They will then place "no parking 6am-7am".
When attending the Neighborhood meeting it was said that the plan might take effect around November or
maybe longer due to the current construction they are working on in Parton street.
That is around 7 months from now
There are still ongoing tickets daily being given in my area Willard district, mainly in areas streets
surrounding Willard Intermediate. Some street examples are Durant, Ross, Parton, and Washington. They
have even been towing cars also.
By people paying these parking tickets, they are taking food off their families tables.
Public works will not give people that live in apartments with 8 units or more. According to Esri community
profile, 80% of the Santa Ana community is made up of families that live in apartment units yet the majority of
them are denied a parking permit.
10% are home owners and will be granted parking permits.
There is an unbalanced number of parking permits issued compared to what the Esri represents.
Before the covid pandemic, which was the time parking enforcement was not active, the community was doing
good and connected. Now that parking enforcement is active the community feels more disconnected and there
is a sense of hopelessness. Although it feels like the city is doing good by enforcing these parking tickets and
towing, it's actually doing harm to the ecosystem of Santa ana. Because people pay for the parking tickets the
more they can't spend on business. Because people have to spend their money on parking tickets, the more
stress the people feel and the more stress their kids feel. And it leads the ecosystem's direction in a bad path.
I know that Santa Ana launched a survey and things are in a slow process of trying to accommodate everyone
that lives in Santa ana. I can understand that there are many City council agendas and I thank anyone working at
city hall or anyone attached to the process.
Reason I am contacting you today is to see if I can get a faster response, since this problem is occuring
daily. If I can receive a temporary parking permit till new parking signs are posted.
1
Orozco, Norma
From: Megan Fox <foxmegan3699@gmail.com>
Sent: Thursday, June 01, 2023 2:22 PM
To: Amezcua, Valerie
Cc: !City Clerk; Piquis Law
Subject: Will Santa Ana continue to help keep children safe from family violence?
Attachments: SB 331 ASM Organizational Letter of Support Judicial Committee 5.26.23 Final.docx;
Media Links.docx; SGVCOG Letter.pdf, SB 331 (Rubio) Piqui's Law_Factsheet 5.10.23
Final.pdf, 2022 CA Santa Anajpg
Dear Mayor Valerie Amezcua and Honorable Members of the City Council:
Thank you for joining 120 California local governments, by issuing a proclamation this past November for
Family Court Awareness Month to honor and help bring awareness about Piqui and all of the California
children who have been murdered by a divorcing or separating parent. Since Piqui's brutal, preventable
murder, nearly forty additional California children have been killed in this context.
I am requesting the City's continued support on this issue, by providing a letter of support for SB 331 Piqui's
Law (Senator Rubio). The San Gabriel Valley Council of Government (SGVCOG), representing 31 cities, 2
Los Angeles County Supervisorial Districts, and the 3 Municipal Water District, identifies Piqui's Law as a
"critical bill" and submitted a letter of support. SGVCOG's letter of support is attached for your review.
Piqui's Law (SB 331): Keeping Children Safe From Family Violence, introduced by Senator Susan Rubio, puts
the spirit of the proclamations into practice and mandates the following: the judicial counsel develop training on
domestic violence and child abuse related topics for judicial officers. The law will BAN unsafe, un-regulated,
for-profit, reunification treatment "camps" that are happening in hotel rooms, vacation rentals, and private
homes. Click here for extensive, recent media coverage about reunification camps.
Since the bill was introduced in February, it has made amazing strides in the legislative process. Having made
it through the senate, it is now entering the assembly, with the next stop in the Assembly Judiciary Committee
in mid June. Letters of support for this committee should be submitted next week.
A sample template is attached for convenience, please feel free to edit as needed, and if you would return the
letter to me, I will make sure that it gets submitted to the Assembly Judiciary Committee.
Thank you in advance for your support.
In solidarity,
Megan Fox
Team Piqui
i
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217J�-Z�l 7
Attachments
City of Santa Ana Family Court Awareness Month proclamation
Sample Letter of Support Template
SB 331 Fact Sheet
SGVCOG Support Letter
Support for Piqui's Law:
California Protective Parents Association(Sponsor)
Crime Survivors(Co-sponsor)
Family Court Awareness Month(Co-sponsor)
1009 Calforma Residents (and growing)
Angelina Jolie, Humanitarian and Filmmaker
Advocates for Child Empowerment and Safety
Community Legal Aid SoCal
Incest Survivors Resource Center
Inner Circle Foster Family Agency/Inner Circle
Children's Advocacy
Family Violence Appellate Project
Joyfully Managed Family Consultants
Legal Aid Foundation of Los Angeles
Legislative Coalition to Prevent Child Abuse
Marjaree Mason Center
Mothers of Lost Children
One Mom's Battle, LLC
Public Counsel
Ridgeway Co-Parenting Services
San Gabriel Valley Council of Governments
Supervised Child Visits
University of California, Irvine School of Law
Domestic Violence Clinic
U.S. Senator Dianne Feinstein
2
INSERT LETTERHEAD
DATE
The Honorable Brian Maienschein
Chair, Assembly Judiciary Committee
1020 N Street, Room 104
Sacramento, CA 95814
RE: Support Letter SB 331 (Rubio) Piqui's Law: Keeping Children Safe From Family
Violence
Dear Chairman Maienschein:
On behalf of[name of organization], I am proud to support Senate Bill 331 - Piqui's Law, by
Senator Susan Rubio, which would further protect victims and children in family court.
California children are being forced into unsafe, unprotected relationships with dangerous
parents because of uninformed family court decisions. Children, like Piqui, continued to be
brutally murdered, and this needs to stop.
Piqui's Law is named after a 5-year-old boy who was murdered by his father on April 21, 2017.
Ana Estevez, the mother of Piqui, fought hard in the California family court to protect her child
from her abusive ex-husband and father of Piqui. Despite her efforts,the family court refused to
implement appropriate safety measures, which led to her son's tragic death.
Senate Bill 331 will help protect victims and children of domestic violence and child abuse by
requiring the development of critical training and reporting for judicial officers, banning
dangerous court-ordered reunification camps, limiting testimony about abuse to those who have
experience in that specific area of abuse.
In March of 2022, President Joe Biden signed the reauthorization of Violence Against Women's
Act (VAWA), which included new groundbreaking provisions, known as Kayden's Law, to
improve child safety laws in family court. Under this legislation, states are urged to adopt child
custody and domestic violence statutes to further prioritize child safety as outlined in VAWA.
SB 331 will move California toward becoming eligible for several million in VAWA STOP
grant funding.
The number of children murdered by a divorcing or separating parent continues to rise in
California and across the nation. Since Piqui's preventable tragedy, nearly 40 more California
children have been killed, with ten reported since November 2021.1 It is time to strengthen
California laws to protect victims and children in family court.
For these reasons, [name of organization] is proud to support SB 331 (Rubio) and respectfully
asks for your"AYE"vote when this bill comes before your committee.
Sincerely,
INSERT LETTERHEAD
If an individual include:
[Your name, City, California]
If an organization include:
Your signature
Your name, Your title within the organization
Name of the Organization
1 U.S. Divorce Child Murder Data (May 26, 2023) https://centerforjudicialexcellence.org
CC: Honorable Members, Assembly Committee on Judiciary
Honorable Members, Senate Committee on Judiciary
The Honorable Governor Gavin Newsom
The Honorable Senator Pro Tem Toni Atkins
The Honorable Senator Susan Rubio
The Honorable Assembly Speaker Anthony Rendon
Reunification Camp Media Coverage
https://www.propublica.org/article/colorado-limits-court-use-of-family-reunification-camps
htips://www.insider.com/adult-children-parental-alienation-treatment-thergRy-pro gram-experience-2023-
5
San Diego, dated May 18, 2023: https://www.insider.com/parental-alienation-syndrome-father-alleged-
child-abuse-win-custody-case-2023-5
Utah,May 18,2023:
hLtps://www.propublica.org/article/family-reunification-camps-kids-allege-more-
abuse?fbclid=IwARI dBTau 16RIgSyiFOP8Cw7CMfH4XEO4DVS2ZjYDgWX-TIsRmQJvJmta8jI
2022 Santa Cruz&Los Angeles(Trigger warning) The following videos are super hard to watch,but
much harder for kids to live through being forced into reunification:
hLtps://www.dropbox.com/sh/8m12ttzv-ufl 8wuf/AAB9 CiyGENpzB5 snJdCC9BMPa?dl=0
The "expert" in the ABC video is the person behind the Santa Cruz case: https://youtu.be/_o1N12EyjJ4
htips://www.theepochtimes.com/victims-break-silence-after-family-courts-forced-children-to-live-with-
abusers-
2_5179655.html?utm_source=ref share&utm_campaign=tw&rs=SHRNCMMW&via=epochtimes&s=09
htips://www.sfpublicpress.org/childrens-violent-removal-from-santa-cruz-home-raises-calls-to-end-
reunification-camps/
htips://www.propublica.org/article/parental-alienation-utah-livestream-siblings
htips://www.washingtonpost.com/lifestyle/magazine/a-divorced-father-his-estranged-kids-and-a-
controversial-program-to-bring-them-together/2017/05/09/b50ac6f6-204c-I I e7-ad74-
3 a742a6e93 a7_story.html
hLtps:Hamgreatness.com/2022/08/20/expose-the-quiet-epidemic-of-judicial-child-trafficking-in-america/
https://www.the guardian.com/us-news/2023/may/18/child-custody-laws-domestic-violence-homicide-
rising?CMP=Share_10SApp_Other&fbclid=IwAR3-
oYsGVKFNNIg8 WBC9gvlsbznH2UxKAj CkNug5ODNzhDMN240Zr-wVETc&mibextid=Zxz2cZ
r
�2$ April 18, 2023
SGVCOG The Honorable Thomas J. Umberg
OFFICERS Chair, Senate Committee on Judiciary
President 10210 Street, Suite 6730
Becky shevlin Sacramento, CA 95814
I"Vice President
Tim Hepburn Subject: Support Letter SB 331 (Rubio) Piqui's Law: Keeping Families Safe from
2'Vice President Violence Act
Ed Reece
3rd Vice President Dear Chair Umberg,
April Verlato
1%UMSERS On behalf of the San Gabriel Valley Council of Governments (SGVCOG)I write to you in
Alhambra support of Senate Bill 331 (Rubio). Piqui's Law is named after a 5-year-old boy who was
Arcata murdered by his father on April 21, 2017. Piqui's mother Ana Estevez had fought in the
Baldwin Park California family court to protect her child from her abusive ex-husband, Piqui's father.
Bradbury Despite her efforts, the family court refused to implement supervised visitation, which led
Claremont to her son's tragic death.
Covina
DiamondBar In 2018, the California State Assembly adopted House Resolution 113 (Rubio), which
Duarte
El Monte stated that a) all court-related professionals should be trauma-informed and trained in
Glendora recognizing, evaluating, and understanding evidence and the impacts of domestic violence
Industry and child abuse; b) a court reporter should record all hearings in domestic violence and
Irwindale contested custody cases, and all litigants should have access to the court records; and c)
La CanadaFlintridge when a child witnesses domestic violence or is injured or abused, family courts should
La Puente
La Verne ensure that the safety of the child has priority over all other considerations in any custody
Monrovia or visitation decision. The SGVCOG Governing Board was made aware of this tragic story
Montebello and adopted a resolution in support of the House Resolution,which you can find attached.
Monterey Park
Pasadena In March of 2022, President Joe Biden signed the reauthorization of Violence Against
Pomon ad Women's Act (VAWA), which included new provisions to improve child safety laws in
San Dimas family court. Under this legislation, federal funding is allocated to states that adopt child
San Gabriel custody and domestic violence statutes to further prioritize child safety as outlined in
San Marina VAWA. If passed, California may become eligible to receive millions of dollars in federal
Sierra Madre funding over the next 5 years.
South El Monte
South Pasadena
TenWle city Senate Bill 331 will institute improved, mandatory judicial training and reporting, ban
Walnut certain court-ordered programs, limit testimony in similar cases to expert witnesses, and
West Covina prioritize child safety and well-being. It will also make California eligible for additional
First District,LA County grant funding through the United States Department of Justice's STOP Violence Against
Unincorporated Communities
Fifth District,LA county Women Formula Grant Program, as appropriated for states that meet the requirements of
Unincorporated Communities the VAWA.
SGV water Districts
For these reasons and given our previously adopted resolution supporting similar
provisions related to child welfare and judicial procedures,the San Gabriel Valley Council
of Governments is proud to support this critical bill. The item will be formally
San Gabriel Valley Council of Governments
1333 S. Mayflower Avenue, Suite 360,Monrovia CA 91016
Page 2
recommended for support at our May Governing Board meeting. Should you have any
questions, please contact SGVCOG Director of Government and Community Relations
Ricky Choi at(626) 373-2685 or rchoi@sgvcog.org.
Sincerely,
Becky Sh Yin
SGVCOG Governing Board President
Cc: Honorable Members, Senate Committee on Judiciary
Honorable Members, Assembly Committee on Judiciary
The Honorable Governor Gavin Newsom
The Honorable Senator Pro Tem Toni Atkins
The Honorable Senator Susan Rubio
The Honorable Assembly Speaker Anthony Rendon
RESOLUTION 18-50
A RESOLUTION OF THE GOVERNING BOARD OF THE SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS
("SGVCOG") TO SUPPORT HR 113 (RUBIO)
WHEREAS, according to the California Partnership to End Domestic Violence, one-half
of the approximately 15,000 victims sheltered in California's state-funded domestic
violence programs each year are children and 75 percent of domestic violence victims have
children; and
WHEREAS,The United States Department of Justice estimates that in 30 to 60 percent of
families where either domestic violence or child maltreatment is identified, children
experience both forms of abuse within the home; and
WHEREAS, according to the federal Centers for Disease Control and Prevention (CDC),
child abuse is a major public health issue, with a lifetime cost of over $200,000 for each
victim; and
WHEREAS, according to the CDC, children who experience adverse childhood
experiences, also known as ACEs, including abuse, are at an increased risk for chronic,
adverse physical health effects as adults; and
WHEREAS, according to the UCLA Women's Law Journal, research shows that victims
of domestic violence are at a great disadvantage in child custody disputes and mediations
when there is an allegation of domestic violence; and
WHEREAS, according to the Domestic Violence Legal Empowerment and Appeals
Project, abusive parents, including those who are accused and adjudicated batterers, tend
to be granted sole custody or joint custody by the courts,placing children at risk; and
WHEREAS, Article I of the California Constitution declares that all people have the
inalienable right to pursue and obtain safety. A child's safety should be a priority over all
other considerations; and
WHEREAS, in family courts, there is great need for an increased presence of court
reporters to create records and legal representation for those who are unrepresented during
custody litigation cases;
NOW, THEREFORE, BE IT RESOLVED THAT THE GOVERNING BODY OF
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS SUPPORTS HR
113 (RUBIO)
PASSED, APPROVED, and ADOPTED this 19 th day of July, 2018.
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A '
Cfiithia Sternyuist, Preside
Attest:
1, Marisa Creter, Executive Director and Secretary of the Board of Directors of the San
Gabriel Valley Council of Governments, do hereby certify that Resolution 15-50 was
adopted at a regular meeting of the Governing Board held on the 19th day of July, 2018,
by the following roll call vote:
AYES: Alhambra, Arcadia, Claremont, Diamond Bar, Duarte, Glendora, La Puente,
La Verne, Monrovia, Montebello, Pomona, Rosemead, San Dimas, San
Gabriel, Sierra Madre, South Pasadena, Temple City, Walnut, West Covina,
A County District 1, LA County District 5
NOES:
ABSTAIN:
ABSENT: Azusa, Baldwin Park, Bradbury, Covina, El Monte, Industry, Irwindale, La
Canada Flintridge, Monterey Park, San Marino, South El Monte, LA County
District 4, Water Districts
y
Marisa Creter, Secretary
Senator Susan Rubio
R E P S it S E Iv i i 3 E NAoT L DISTRICT 22
SB 331 (Rubio) Piqui's Law: Keeping Children Safe From Family Violence
Bill Summary Empirical research shows that in custody cases involving
SB 331 will protect children in family court by domestic violence, children are at almost double the risk
prioritizing child safety, requiring expertise in for child abuse.
testimony, banning reunification programs, ensuring
critical judicial training, and establishing reporting Expanding the training requirements for judges and
requirements. court-related professionals will ensure informed and
appropriate decision-making resulting in better
Current Law outcomes for children.
Existing state law governs the determination of child
custody and visitation in contested proceedings. It also Details of the Bill
requires the court, for purposes of deciding custody, to SB 331 will strengthen protections against child abuse
determine the best interests of the child based on in child custody and visitation proceedings as follows:
certain factors, including the nature and amount of
contact with both parents, and consistent with • Prohibits a court to order family reunification
specified findings, including that the court's primary treatments that cut off the child from the primag
concern must be to ensure the health, safety, and parent;counseling may not be ordered unless it isgenerally
welfare of the child. accepted ad scientifically valid as safe and effective.
• Requires experts offer testimony only on
Background topics where there is demonstrated, relevant
In March 2022,President Biden signed the expertise and experience on the topic for
reauthorization of the VAWA,which included new which they are testifying in child custody
groundbreaking provisions (Kayden's Law) to improve proceedings.
child safety laws in family court. Under this legislation, • Requires the Judicial Council to establish
federal STOP grant funding is allocated to states that training programs on child abuse, domestic violence,
adopt child custody and domestic violence statutes to coercive control, bias, and trauma for on going training to
further prioritize child safety as outlined in VAWA. allprofessionals wbo perform duties in famiy law matters.
• Requires Judicial Council to collect and
SB 331, known as "Piqui's Law," is named after a 5- report judicial training data relating to hours
year-old boy who was murdered by his father on April completed by judges in a continuing education program.
21, 2017. Piqui's mother, Ana Estevez, fought hard in
family court to protect her child from her abusive ex- Support
husband and father of Piqui. Despite her efforts, the California Protective Parents Association (Sponsor)
family court refused to implement supervised Crime Survivors (Co-sponsor)
visitation,which led to her son's tragic death. Child Family Court Awareness Month (Co-sponsor)
homicide is a crisis in our country. Children are being Angelina Jolie, Humanitarian and Filmmaker
murdered by an abusive parent at alarming rates. Advocates for Child Empowerment and Safety
According to the Center for Judicial Excellence, since Community Legal Aid SoCal
2008, there have been over 900 reported cases of Incest Survivors Resource Center
children being murdered by a divorcing or separating Inner Circle Foster Family Agency/ Inner Circle
parent in the United States. Children's Advocacy
Senator Susan Rubio
R E P i 5 E Iv a ii,i kJ3 E NAoT DISTRICT 22
r
Family Violence Appellate Project
Joyfully Managed Family Consultants
Legal Aid Foundation of Los Angeles
Legislative Coalition to Prevent Child Abuse
Marjaree Mason Center
Mothers of Lost Children
One Mom's Battle,LLC
Public Counsel
Ridgeway Co-Parenting Services
San Gabriel Valley Council of Governments
Supervised Child Visits
University of California, Irvine School of Law
Domestic Violence Clinic
U.S. Senator Dianne Feinstein
For More Information
Krystal Moreno, Legislative Director
Office of Senator Susan Rubio, District 22
O: 916-651-4022
krystal.moreno&sen.ca.gov
PROCLAMATION
Recognizing
Family Court Awareness Month
WHEREAS, the purpose of the Family Court Awareness Month Committee(FCAMC)is to
increase awareness on the importance of a family court system that prioritizes child safety and acts that are in
the best interest of children;and
WHEREAS, the mission of the FCAMC is fueled by the desire to create awareness and change
in the family court system for the conservatively estimated,58,000 children ordered into unsupervised contact
with abusive parents each year,while honoring the hundreds of children who have been reported as murdered
during visitation with a dangerous parent;and
WHEREAS, FCAMC strives to increase awareness on the importance of empirically-based
education and training on domestic violence and child abuse,including: emotional,psychological,physical,
and sexual abuse,as well as childhood trauma,coercive control,and post separation abuse for judges and all
professionals working on cases within the family court system;and
WHEREAS, the importance of using scientifically valid,evidence-based treatment programs
and services that are proven in terms of safety,effectiveness,and therapeutic value are paramount;and
WHEREAS, FCAMC educates judges and other family court professionals on evidence-based,
peer-reviewed research.Such research is a critical component to making decisions that are truly in the best
interest of children.
NOW,THEREFORE,WE,THE MAYOR AND CITY COUNCIL of the City of Santa Ana do hereby
declare the month of November 2022 as
FAMILY COURT AWARENESS MONTH
and encourage all residents to support their local communities'efforts to prevent the harm of children in
the hands of family members and to honor and value the lives of children.
Dated:November 22,2022
Thai Vi t Phan David Penaloza Jessie Lopez
Councilmember Mayor Pro Tem Councilmember
Nelida Mendoza Johnathan Ryan Phil Bacerra
Councilmember Hernandez Councilmember
Councilmember
Orozco, Norma
From: Thuy Dang <thuy_dang_2000@yahoo.com>
Sent: Sunday, June 04, 2023 4:27 PM
To: eComment
Subject: HOA in newhope gardens
Please look into The Team Property Management in Orange.We hired them to manage our property,but
1.There's no money in Reserves
2.They use up our money from(Special Assessment of 295k for 3 years),not done and they want more money
3.They only work with one contractor- Crocodile Coast Construction
4. I'm a single mom and 1 kid,my HOA bill now is 620 a month
5. Where did our money go?
6.They said they need to fix 2 fire hydrants will cost 36k.
7. 1 buiding is not in the special assessment.
8.They signed a contract with contractor without letting us know how much.
Thank you
1
Orozco, Norma
From: Michael Flores <mflores@spectrumcm.com>
Sent: Monday, June 05, 2023 4:21 PM
To: eComment
Cc: Kyle Kitchens; Robert Verdugo; Ray Tober
Subject: 2333 N. Broadway, Santa Ana Consultant - Urgent 5G Cellular Safety Concerns
[Council Public Comments]
Attachments: Verizon 2022 Leased Area Planning 07.21.22.pdf,4G - 5G Radiated Output Power
Bloom VEROS Santa Ana.pdf, Veros & Santa Ana - Verizon 5G Safety Concerns.pdf;
FCC 5G Public Safety Requirements - SCM 2023.pdf
City Council Members,
I am a 30-year cellular developer and radio frequency expert. I was hired to safeguard the occupants of the Veros
facility and the rooftop workers 4-years ago by the ownership of the property, Broadway Investment Group. My partner
Kyle Kitchens is a 45-year radio frequency engineer. Kyle reviews every electromagnetic radiation compliance report
with a fine-tooth comb and has become one of the nation's leading experts on 5G safety. Over the past three plus years
I've witnessed AT&T go above and beyond the call of duty on the Veros rooftop for FCC compliance safety. Verizon
Wireless has been a polar opposite experience.
As a result of Verizon's failure to meet the safety requirements of the landlord's lease,we had no choice other than to
terminate their lease with the landlord when it expired in July of 2022. Look at the power of the 5G radiation beam in
the attached output map. Since terminating Verizon,they have failed to vacate the property blaming the city for its
delays claiming the city is failing to issue Verizon a decommissioning permit. To compound the concerns, Verizon
Wireless has convinced the city to allow for the development of a new cell site at the motel (see Veros &Santa
Ana). The motel owner likely took a check for 20k for the new"First Responder"vehicle in the motel parking lot. The
money is great, but not when you just voided your entire general liability insurance policy.
We are not certain if Verizon is claiming a 6409a right to build position or what is going on here. What we do know is
that the deception is at an all time high. The city should not allow for the relocation of the cell site to the motel parking
lot without a thorough safety assessment and without the city residence approval. The current cell site does not meet
OSHA setback requirements and will cause the owners General Liability insurer to cancel the policy.
Our team has over 100-years of combined cellular knowledge. We manage hundreds of cellular locations throughout
the U.S. This Santa Ana 5G safety matter is very serious!
Please help!
Michael Flores
Chief Executive Officer
Office: (562) 799-5570
Mobile: (949)683-7101
www.spectrumcm.com
The content of this email is confidential and intended for the recipient specified in message only. If you received this
message by mistake,please reply to this message and follow with its deletion,so that we can ensure such a mistake does
not occur in the future.
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atdZ
Jennifer Lombard
341 W. 5111 Street, 403-001
New York, NY 10019
City of Santa Ana .z „ k 3
20 Civic Center Plaza AN C A CITY CLERK
Santa Ana, CA 92701
May 15, 2023
Hello;
Having read about trouble your city is having with religious organizations giving food to homeless people
and having had some (too much, really) experience with these matters, I thought I might try to help you
with some reasoning to appeal to the proper channels for aid (please forgive my presumption if you
already know these things and they haven't worked, I implore you to try again), I myself am not-a lawyer
but an advocate for human rights.
Welfare has traditionally consisted of housing, provisions for food and clothing, and hospitals (although
W
since those were provisions in mongrc Ies where sometimes the Church was a branch or at one with the
government and there were no pr ftions against involuntary servitude)so there should be those �`�` �.
differences reflected in the welfaw f irovisions in a secular democracy founded on individual rights to -
life, l[bertyand the.pursu]t of har! less,
I don't know if you have cons.ld�(` I this but it doesn't seem like religious organizations should give food
or shelter or any other welfare h refits then because they involve the applicants for welfare then in
1
their religious works'so the appli p needing welfare do not have their right to free exercise secured:
they are being coerced to particip' y�in others' works]
They really shouldn't(because theywould be infringing different believers'free exercise or excluding
some from welfare provision on the.basis of religion) have oversight between the States because even
at best they would be unequal with those applicants who do not(or cannot because of their own beliefs
take part of them): the privileges and immunities would not be equal: welfare is a Constitutionally
prescribed responsibility of the Federal Government: religious organizations are not proper third parties
because all would not have their free exercise when seeking equal protection:there would be a conflict
of interests.
Placing the burden of providing welfare on private citizens through the organizations is also unfair to
them] Kind people are being coerced by the government to donate to help people when welfare really is
the government's Constitutionally mandated responsibility.
Jobs are not welfare provision. Provisions are given, one doesn't have to do anything for them,
especially then because a person might not have the choice to work and people are protected from
involuntary servitude.
People also need to be able to select their own food to exercise their religious freedoms; since the
L,�,4AO government can't possibly know what the restrictions and devotional foods are (or meet them all) the
4f�
1 � ��II.�� 1r�Qd.L� �� lf)�U'f L'.ts-�.t.�.�lfYt�G�A.�-G- �.� •7,e�.a, '� s�4. (�}���r.�-�a�. y,;,
ftG%i�
�w --hu-P, 24 Gt�.� q� 1 a,.,S .46-L p r
'0" �01r. tssr�l,y cry �,,ap �i�c +.�C, � '1- Ou e- G
benefit should be in cash(and if food stamps [with their more restricted purposes
supplemental to real food benefits]), p are offered they are
Another reason they should not provide welfare is that they dffer shelters for welfare housing and
shelters are obsolete since HUD standards were made(HUD•gov search "
MPS[Minimum Property Standards])they must be the presumptive min----mUM goingforward
o w handbooks"
was passed and they are themselves the interference the Fair Housing Act prohibits because
when it
presumptive minimum and so must be secured continuously so no one is denied equalprotectione that
law or have the privileges and immunities the laws confer abridged.,
is any less is an abridgement of privileges and immunities so includingters � of the
g making or enforcing legislation that
provisions are interferences (as hotels or rentals in a chosen neighbarhoodl would not
as housing
prohibited. The minimum standard is a single dwelling unit that provides everything e) that are
I living. (HUD MPS 4910,1, Chapter 4 and Definitions)• Y g necessary for
Also at HUD.gov there are public housing inspection checklists(52580 PDF) that detail
housing must have to meet federal standards, Federal standards precede an oche �l everything
other federal standards;the fair housing a standards,
prescription that sp are Y g public
dwelling;so agencies that intervene must not go over into i Y others and consist with
peoplee able to select from any
the housing can be and where an individual person can live does:the help shou ch making limited limits to where
people where they(any individual of fhe group because subchapter 2, subsection 3631 sys to getting
interfere with anyone who is lawf 4�s
affordin an 1 says to one i�to
g y person or class of persons with the o
protection so to participate in and ,)using activities,
opportunity or
It".Seem like the,f"nterven h �} tht make,r "gthe lil. .fento Pnterfe en a t7 hef roes"instead of simply p making provision for
their free choice step over `ruality??!J So the money might be given money penalty for doing so, (perhaps the
government prepares for that evt,
and damages for having their righ`, So
g n to the people for relocation
People try to parse definitions of"F sr`n ��
HUD defined a minimum, FHA has secured the choiceof any rdwelling, those ng,etc.: again fe since HUD has established and
presumptive and since the 141h amendment secures equal protection for an federal standards must be
d
should hold for anyone who is here in the U.S, so no one can be homeless and the emergency housing
provisions must also be to HUD and FHA standards: a floor no o Y person, those standards
! hope these reasonings might help You to helpon
can fall through)
the people!
Jennifer Lombard
Ate- - i — o V �V—
Al J o 6-O f e`
G'�1 6 OG�� �r%o r✓ `� 10-C-e&ti CC/rde
�4 h ,,444�1 pity ;f, ; 9 t-V u-4
� �-O ,
Gam, a!OA
t �Gp/J t�C .Ji-Q�vr1� ttncc�un c�N rL �j- - tt+��I- U� v��e-e! yin�e
C Plc cT cz
LLV T; .ail C1n�cw�ty,`t�-1
{-4t�►� 5 ""�� y4-,I;rr+�r�e.
YLGrP 57, s i�c4���p� r 1, SCC. 6-7v2 Pev CAP.-Nu. C'vi���Ll1�SJ ..�5Iw1s
T� - �tZ , G11`c vZ 1 C 1✓ t2, SubUhu tr {��
--- - - - - - w� � �1/_ir/lrJ1/.'1/f.'f//:1//'f//L'/!/\rfG\r//.\'ii.\•1r.�•�r,� .r.���__
wGtf 444 } +rrah f lus a.AVe%1pPc-4rc P-01,'
anrn tIA, �r .
i
Orozco, Norma
From: OC HateCrime <ochatecrimewatch@gmail.com>
Sent: Tuesday, June 06, 2023 7:28 PM
To: eComment
Subject: Fwd:
Dear City Council,
Please find a letter to HUD Associate General Counsel Abigail Greenspan
---------- Forwarded message ----------
From: OC HateCrime <ochatecrimewatch@gmail.com>
Date: Tuesday, June 6, 2023
Subject:
To: Vicente.Sarmiento@ocgov.com
Cc: Abigail.F.Greenspan o hud.gov,
Dear Ms. Greenspan,
The OC Housing Authority has a racist on their Housing Commission named James Mai. He bragged of
committing a Hate Crime against Indians.
Please do not approve the Annual Housing Plan. The OC Housing Commission and the staff do not care about
people.
Brea Councilmember Cecilia Hupp is also on the Commission. They have been busier protecting James Mai
than vulnerable homeless persons, and certainly are not protecting his victim. She is a disabled female and in
danger.
Sincerely,
Chris Diaz
OC Hate Crime Watch
Instagram @ochousingrights
i
ORANGE COUNTY BOARD OF SUPERVISORS
MINUTE ORDER _T�om :
Sac mitring AV-nev/1.3epartn7ent: OC PI)BLIC W01(KS ''�•�' � (� � C°�►vL
Approve agreement D12-015 with City of Santa Ana,to construct and maintain bikeway and pedestrian trail
improvements, tent--year teen; renewable for 50 additional one-year terms; and make California Environmental Quality
Act findings- District 1
The following is action taken by the Board of Sup(g isers
APPROVED AS RECOMMENDED 0 OTHER
Unanimous 0 (1)NGUYEN., Y (2)MOORLAC H: Y(3) CAMPBELL, Y(4)NELSON: Y(5) BATES: X
Nate Key: Y-=Yes, N=No;,4 M Abstain;X=-Excused;B.O.—13oar d Orden°
taetaments accompanying this matter:
13 Resolution(s)
IJ Ord inances(s)
Contract($) .;
Item No. 22
Special Notes:
Copies sent to:
OCPW. Marna Loveiady
Eric Swint
I certify that the foregoing is a true and correct copy of'the Minute Order adopted
by the Board of Supervisors,Ormg4 County,State of California.
Susan Novak,Clerk of the board
m
DO ity
or
Agenda Item
AGENDA STAFF REPORT
ASR Control 12-000466
MEETING DATE- 09/25/12
LEGAL ENTITY TAKING ACTION: Orange County Flood Control District
BOARD OF SUPERVISORS DISTRICT(S): 1
SUBMITTING AGENCY/DE,PA '(l'MEi°1T: OC Public Works (Approved)
DEPARTMENT CONTACT PERSON(S): Ignacio Ochoa(714)667-3213
.Nevin Onurna(714)64.7-3939
SURMCT: Bikeway Agreement D12-015 with the City of Santa Ana
CEO CONCUR COUNTY C(7UNSFL rRFvtEW CLFRK o rnF BOARD..
Concur Approved Agreement to Forge Consent Calendar
3 votes Board Maori
Budgeted: N/A Current Year goat: N/A Annual Cost, N/A
Staffing Impact: No #of Positions. Sale Source. N/A
Current Fiscal YearRevenue: N/A,
Funding Source: N/A.
Prior Board Action- N/A
RF,COMM E NllDE ACTT N(S)o
L Find that the approved Notice ofExemption by the City of Santa Aria (City) is adequate to satisfy the
requirement ofCEQA,.
2. Approve Agreement D12-015 between the Orange County .blood Control District and the City to
allow the City to construct and maintain bikeway and pedestrian trail improvements, with an initial
ten-year terra with automatic annual renewals up to a total germ of 50 years.
SUMMARY:
Approval of Agreernent D12-015 between the Orange County Flood Control District (OC FCD) and the
City of Santa Ana (City) will allow the City to construct and maintain all bikeway and. pedestrian trail
improvements along portions of the Greenville Banning Charnel, Santa Ana River Channel, Santa Ana
Delhi Channel, and Santa Ana. Gardens Channel that are located within the City's boundaries, which will
support increased opportunities for outdoor recreation for the public.
BACKGROUND INFORMATION:
ION:
Page 1
The City of Santa Ana (City) approved the Santa Ana Diver Vision Plan on August 7, 2006 which
proposes bikeways and pedestrian tr<�ils along and adjacent to the Santa Ana River Channel within City
boundaries. Thu City is seeking funding opportunities to implement those trails to provide increased
opportunities for outdoor recreation and non-vehicular transportation for the general public. Additionally,
the City may in the future desire to construct bikeways and pedestrian trails improvements adjacent to
Greenville Banning Channel, Santa .Ana River Channel, Santa Ana Delhi Channel, and Santa Ana
Gardens Channel within the Orange County Flood Control District (OCFCD) right-of-way within the
City's boundaries,
Agreement D12-015 between the 4CFCD and the City specifics that: the City will construct, operate, and
maintain all existing and future bikeways and pedestrian trails, excluding the regional bikeway and trail
along Santa Ana River, at its own cost along the portions of 4CFCD's channels located within the City's
boundaries.
The term of the Agreement is initially for ten years upon your Board's approval and will automatically
renew on an annual basis for a total term of up to 50 years;howevor, the Agreement may be terminated by
either paity with at least 60 days prior v Titten notice before the expiration of the initial ten year term or at
the end of each subsequent annual terra.
Compliance with CEQA: This activity was approved under the Categorical Exemption per Section
15301 and General :Rule per Section 15061(b)(3) by the City of Santa Ana City Council through.a Motion
(Minute Order) on .Tune S, 2012 (see attached Notice of Exemption). Your :board can find that this
document is adequate to satisfy the requirements of CEQ.A.
MANCZAL IMPACT:
N/A
STAFFING IMPACT.
NIA.
EXHIB11T(S);
Exhibit A -.Approved Notice of Exemption by the City of Santa Ana
ATTACHMENT(S)-
Attachment A- Agreement D12-015 betwoen the Orange County Flood Control District and the City of
Santa Ana
Page 2
0 R A N G E C 0 U N T Y Ignacio G.orhoo,RE,IfIfAdm.Z*rcfo'OC AVA,
300 K Flowar ft t
Santa Arta,CA
ce RO,Box 4N,8
Public W' arks Santa Ana.C-A 027024048
Our cornr"UnITY, our C*MM1J'M(1"r-
Telephow (714)8344.1300
Pax: (714)834-5188
Revision to ASR and/ Exhibits/Attachmen-ts
Date: Wember 20,2022
To: Susan Novak,Clerk of the Boa Misors
Cc: County Executive Office
From: Ignado G.Oda,P.E.,Interim r Public Works
ASR Control ff(s)- 12-000466 te -s #22 for the September 25,2012 Board meeting
Subject- Sikeway Agreement 012-015 with the City of Santa Ana \V--
Deputy County Counsel requested to use new language for the Andard ASR CE'QA finding,
Make modjfications to the,
Subject Dxkground Information El Summary
Cis mphence vvith CEQA- �ftQqy q a aff -ncy n q A a s ar 00 fort rtd ,J --qf.3A-t,-Aaa_(Qity).gg lmi�,L qi-_
tkc. roject.to be _U.Qk id �RqLTk er -ae"mq*-W. mw4,un�Sermon 15301 and General Ririe per Section 15061(6)(3)
qn Motion (Minuto Ordcr) !gf C4 pLe jL mm y-Qqp- — ftg on June 5, 2012
(see al cached Notice of
Co
Las revie d and con 'de J the mettion approved by ft J
Fe
hori4ed to rely on the mate
_&q&l ZN�L _�q CitY4
Ag room ent No.012.-015
Bikeways and Trails in the City of Santa Arlo,
A-2012-185
AGREEMENT
This AGREEMENT, hereinafter referred to as "AGREEMENT", for the purposes of identification
hereby number 012-015 and dated_ day of!�ej -nj-et�w� , 2012, is
BY and BETWEEN
The ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic,
hereinafter referred to as "DISTRICT",
and
The CITY CP SANTA ANA, a charter city,
hereinafter referred to as"CITY,"
which are sometimes individually referred to as"PARTY,"or collectively referred to as "PANTIES."
P. gCITAL
WHEREAS, CITY approved the Santa Ana River Vision Plana on August 7, 2006 which is shown
on Exhibit A, hereinafter referred to as"PLAN", indicating proposed blkeways and trails along and
adjacent to the Santa Aria River within CITY boundaries;
WHEREAS, CITY is seeking funding opportunities to implement those trails in order to provide
increased opportunities for outdoor recreation and non-vehicular transportation for the general public;
WHEREAS, CITY also desires to construct bikeway and trail improvements within or adjacent to
other DISTRICT right of way within City boundaries;
HENNAS, CITY completed the construction of a bikeway adjacent to DISTRICT's Santa Ana-
Deihl Channel(1701)within DISTRICT right of way from Railroad to McArthur Blvd, shown on Exhibit B, in
2010 per Orange County Property Encroachment permit No, 2008-00750;
WHEREAS, CITY agreed to hold DISTRICT harmless for CITY's use of bikeway and agreed to
be responsible, at its own expense,for the operation and maintenance of the bikeway per Orange County
Property Encroachment Permit No.2008-00750;
WHEREAS, CITY and DISTRICT entered into a Lease Agreement on September 28, 2010
whereby CITY leased Parcels R1551 and R1553 which is Edna Park, and Parcel R1552 shown on Exhibit
C from DISTRICT for the use of the surface as a non-revenue generating public hark facility;
r Pagel of 2S-
Agreement No. 012-015
Stkoways and Traffs in the City of Santa Ana
WHEREAS, CITY may in the future desire to construct bikeway and trail improvements adjacent
to Greenville Banning Channel (D03), Santa Ana River Channel(E01), Santa Ana Delhi Channel (F01),
and Santa Ana Gardens Channel (1702)within DISTRICT's right of way within CITY's boundaries, as
-7
depicted on Exhibit D,
WHEREAS, CITY desires to enter into this AGREEMENT with DISTRICT for the operation and
maintenance of all existing and future recreation improvements, except raglonal bikeway/trail system
along Santa Ana River which is currently operated and maintained �y CSC Parks, including but not limited
to the improvements included within the PLAN shown on Exhibit A, completed bikeway adjacent to
DISTRICT's Santa Ana-Delhi Channel (F01) shown on Exhibit 8, Edna Park shown on Exhibit C),
adjacent to Greenville Banning Channel (D03), Santa Ana River Channel (E01), Santa Ana Delhi Channel
(Fol), and Santa Ana Gardens Channel (F02) within DISTRICT's right of way In CITY's boundaries
(hereinafter collectively referred to as "RECREATION IMPROVEMENTS") and adopting a process for
DISTRICT" to process encroachment perrnits allowing CITY to design and construct the RECREATION
IMPROVEMENTS as funding becomes available; and
WHEREAS, DISTRICT has determined that the recreational uses and RECREATION
IMPROVEMENTS proposed and/or constructed by CITY will not impair or diminish existing or probable
future requirements for flood control protection provided such RECREATION IMPROVEMENTS are
constructed in accordance with DISTRICT requirements as determined by DISTRICT ill its sole discretion
and RECREATION IMPROVEMENTS are designed, constructed, operated, maintained and used in
accordance with the terms and conditions of this AGREEMENT.
NOW, THEREFORE,THE PARTIES AGREE AS FOLLOWS:
The Intentions of the PARTIES as described in the above recitals are incorporated into this
AGREEMENT.
- Page 2 of 23-
Agreement No.D't 2�015
Bikeways and Trails in the City of Santa Ana
ARTICLE 3
3.1.
Director of Orange County Public Works Department or his designee, hereinafter referred to as
"DIRECTOR,"shall be DISTRICT's representative in all mutters pertaining to this AGREEMENT.
3.2. CITY REPRESENTATIVE
The Santa Ana City Manager, or an authorized designee, hereinafter referred to as"CITY
OFFICER" shall be CITY's representative in all matters pertaining to this AGREEMENT.
ARTICLE
USE OF PREMISES BY CITY AND GENERAL PUBLIC
4.1. PERMITTED USES
CITY shall be permitted to use the PREMISES to build, operate and maintain RECREATION
IMPROVEMENTS for use by the general public.
4.2. CITY'S RIGHTS ARE NONEXCLUSIVE
CITY's use of the PREMISES shall be nonexclusive and CITY acknowledges that the primary
purpose of DISTRICT's right of way, including, but not limited to PREMISES is for flood control
purposes and to protect the safety, health and welfare of the public, Consequently, DISTRICT
reserves the right in its sale and absolute discretion to use the PREMISES as necessary to
access, construct, improve, expand, enlarge, repair, and maintain the DISTRICT flood control
facilities, and all other purposes permitted by law. At its sawn expense, CITY shall be responsible
for the rerouting of any pedestrian/bikeway and/or trail caused by the relocation of the
RECREATION IMPROVEMENTS whenever DIRECTOR determines such RECREATION
IMPROVEMENT on PREMISES conflicts with DISTRICT purpose as described above, and CITY
agrees to indemnify, defend with counsel approved by DISTRICT, and hold DISTRICT harmless
from any and all claims, losses, or liabilities, arising from alleged injury or damage to persons or
-Page 4 of 23 R
Agreement No. D12-015
Blkaways and Trails in khe City of Santa Ana
7,3. TERMINATION DUE TO BREACH OF LHE AGRFEMILNT
If CITY is in material breach of the AGREEMENT, and foils to diligently cure said breach within a
reasonable period of time as determined by DIRECTOR in his sole and absolute discretion,
DISTRICT may terminate the AGREEMENT.
7.4. NOTICE OF TERMII' &TION
All notices of termination shall be made in writing in accordance with the requirements of Article
11 of this AGREEMENT.
ARTICLE 8
RECREATION IMPROVEMENTS
8.1. AUTUORIZED I PRQyg T
CITY may construct new or modify existing RECREATION IMPROVEMENTS as described
below, but not be limited to the following depending on proposed items in future County Property
Permits,when approved in writing by DISTRICT:
(a) Pathways constructed of decomposed granite, asphalt andfor concrete;
(b) Fencing that may consist of one or more of the following: wrought iron; powder coated
metal;chain link; metal safety railing;
(c) Signage for the pedestriarrlbikeway routes and RECREATION IMPROVEMENTS;
(d) Landscaping;
(e) An irrigation system for the landscaping,
(f) Site amenities such as benches, trash receptacles and bike racks.
8.2. DISTRICT REVIEW AND APPROVAL OF RECREATION IMPR01itEMENT
Prior to the construction of any RECREATION IMPROVEMENTS on PREMISES, CITY shall
submit the plans and specifications for RECREATION IMPROVEMENTS to DIRECTOR for his
review and approval, RECREATION IMPROVEMENTS shall be designed and constructed: (1)so
as to assure that they do not interfere with the flood control purposes of DISTRICT facilities; (2)
so as not to interfere with or increase the cost to DISTRICT"for the maintenance or operation of
-Page 8 of 23-
Ag. 1'Gement Me.D12-015
Bikeways and Trails in Hie City of Santa Ana
DISTRICT's facilities; (3)where the design shall be based on established criteria and standards
and all other applicable rules and regulations governing the design and construction of this type
of bike trails, Approval of the plans and specifications of RECREATION IMPROVEMENTS shall
be within DIRECTOR's sole and absolute discretion. CITY acknowledges, however, that the
design of RECREATION IMPROVEMENTS was/will not be prepared by DISTRICT and that
DISTRICT's approval of the plans and specifications shall not be deemed the approval of
RECREATION IMPROVEMENTS safety, suitability for the bike trail purpose or any other
purpose, or compliance with the engineering requirements of any governmental agency or
regulation. Consequently, CITY agrees that CITY is solely and absolutely responsible for design,
construction and operation of RECREATION IMPROVEMENTS,
Said plans and specifications shall be submitted by CITY for DISTRICT's review via an
encroachment permit application through OC Public Works'County Property Permits section and
shall be subject to applicable permit and inspection fees,
8.3. OTHER APPROVALS FOR RECREATION IMPROVEMENTS
CITY shall be responsible at Its sole cost and expense to secure and comply with any other
approvals required to construct, operate and/or maintain Its RECREATION IMPROVEMENTS.
DISTRICT is not responsible for obtaining any such approvals nor shall DISTRICT be named as
co-applicant in any regulatory agreement or permit applications.
CITY and DISTRICT mutually agree that DISTRICT, as the property ownerleasement holder,
authorizes CITY to serve as the Legally Responsible Person (LRP)defined by the Construction
General Permit(COP), Order No. 2010-0014-DWQ for CITY's RECREATION IMPROVEMENTS
on PREMISES.CITY shall be responsible, at its sole cost and expense, to comply with all
requirements by the State Water Resources Control Board.
CITY shall be responsible to satisfy all the requirements of any such agreements and/or permits
and satisfy any conditions imposed by any regulatory agency for the issuance of any such
approvals. CITY shall not agree to any conditions that impose any obligations on DISTRICT.
- Page 9 of 23 -
Agreemank No,D12-015
81keways and TraI15 in the CRy of Santa Ana
for the cost of such repair, restoration or replacement in accordance with the procedures
described above.
M61NTENANCE OF RECRg6,Tj8!0QNUj1MKMPR0VEMENTG
CITY shall be solely responsible at its sole cost and expense for the operation, maintenance,
repair, relocation, and/or replacement of RECREATION IMPROVEMENTS on PREMISES,
DISTRICT'S RIGHTS TO RE-it O—Vg/—RE-LDC—Af-k WE—&?.E#ATION IMPROVEMENTS
Parties acknowledge that DISTRICT's 7-Year Plan, which Indicates DISTRICT facilities to be
Improved within seven (7) years, may require removal or relocation of RECREATION
IMPROVEMENTS. DISTRICT shall notify CITY if DISTRICT's plans will Impact RECREATION
IMPROVEMENTS. If DIRECTOR in his sole and absolute discretion determines use of CITY
RECREATION IMPROVEMENTS must be prevented for any reason, or must be modified,
relocated or removed in whole or in part, DISTRICT shall notify CITY in writing and CITY shall
modify, relocate or remove all or a portion of RECREATION IMPROVEMENTS as directed by
DIRECTOR at CITY's sole cost and expense within ninety days(90)calendar days of the date of
DIRECTOR's written notification to CITY or within a longer time period if agreed to by
DIRECTOR. CITY agrees that In an emergency situation which threatens the public's health,
safety or welfare as determined by DIRECTOR in his sole and absolute discretion, DIRECTOR
shall be permitted to prevent use of, or cause modification, relocation or removal of all or a
portion of RECREATION IMPROVEMENTS without prior notice to CITY. DISTRICT will endeavor
to notify CITY of its intent to remove CITY RECREATION IMPROVEMENTS as soon as
practicable but in no case shall such notice be provided greater than thirty days(30)after
DISTRICT modifies relocates or removes such RECREATION IMPROVEMENTS. DISTRICT
shall close RECREATION IMPROVEMENTS to the public after any modification, relocation or
removal of RECREATION IMPROVEMENTS until CITY and DISTRICT agree to re-open it. CITY
agrees that if any of RECREATION IMPROVEMENTS are disturbed, damaged or removed by
DISTRICT for proper DISTRICT purpose as described In Paragraph 4.2, above, CITY shall
- Page 12 of 23 -
Aureement No.DI 2-015
Bikeways and Tralls In the CitY Of Santa Ana
determine whether it is in CITY's best interest to replace, repair, restore,or remove such
RECREATION IMPROVEMENTS. CITY shall be responsible for replacing, repairing, restoring or
removing RECREATION IMPROVEMENTS to the satisfaction of DIRECTOR solely at CITY's
cost and expense,
8.7.
Security of the RECREATION IMPROVEMENTS shall be CITY's responsibility and at CITY's
expense,
CITY shall develop a plan to assure,that DISTRICT's adjoining flood control facility is not
accessible to the public using the RECREATION IMPROVEMENTS on PREMISES but is
accessible to DISTRICT personnel from PREMISES (hereinafter referred to as
"SECURITY1ACCESS PLAN"). This SECURITY/ACCESS PLAN shall show the placement of all
fencing securing the PREMISES, including any Proposed fencing located along the property line.
This SECURITY/ACCESS PLAN shall also Include the placement of any proposed gates as well
as information concerning whether the proposed gates will be left open and if so when they will
be open. This SECURITYIACCESS PLAN shall be developed during the encroachment permit
process for each of the RECREATION IMPROVEMENTS, reviewed, and approved prior to
issuance of permit. For any masonry/block wall that is located all or In part on private property
outside of the PREMISES, CITY shall be solely responsible for obtaining the necessary right-of-
way and for maintaining the portion of the masonry/block wall fencing the PREMISES at its sole
cost and expense during the term of this AGREEMENT. If the private property owner refuses to
allow CITY on its private property to perform any necessary repairs on the masonry/block wall,
and the masonry/block wall presents a hazard to persons using the RECREATION
IMPROVEMENTS, CITY shall at its sole cost and expense install other fencing on PREMISES to
secure PREMISES. This replacement fencing shall meet the DIRECTOR's written approval and
be designed and constructed at no cost to DISTRICT.
-Page 13 of 23 -
Agreement No.D12-015
Rikeways and Trails In the City of Santa Ana
If CITY subsequently removes the masonry/block wall for any reason, CITY shall construct a
replacement wall or fence meeting DIRECTOR's written approval at no cost to DISTRICT.
8.8. GRAFFITI REMOVAL
CITY agrees to be responsible at its sole cost and expense for keeping all RECREATION
IMPROVEMENTS and DISTRICT facilities which are accessible from said RECREATION
IMPROVEMENTS free of graffiti. CITY shall regularly inspect RECREATION IMPROVEMENTS
for graffiti and shall remove all graffiti from the RECREATION IMPROVEMENTS and DISTRICT
facilities within two(2)working(lays of Inspection or notification of the graffiti. CITY shall identify a
contact person at the CITY responsible for graffiti removal and shall keep 00 Public
Works'lOperations& Maintenance informed of CITY's contact person and access requirements
for this operation by calling 714-956-0213. CITY shall perform any graffiti removal work in
compliance with the requirements of Article 13 of this AGREEMENT by implementing appropriate
Best Management Practices(hereinafter referred to as "BMPs")to prevent all materials, including
paint or chemicals used In graffiti removal and any debris associated with the proposed project,
from entering into the channel and/or DISTRICT maintained areas.
8.9. LANDSCAPING
CITY shall prepare a landscaping plan for the PREMISES affected by the installation of any
RECREATION IMPROVEMENT. This plan shall be reviewed and approved in writing by
DIRECTOR before implementation. The CITY shall install and maintain the approved landscaping
at its sole cost and expense,
------------
ARTICLE 9
INDEMNITY AND INSURANCE PROVISIONS
9.1. CITY' Is DEMNITY OBLIGATIONS
CITY agrees that it shall indemnify, defend with counsel approved in writing by DISTRICT,
release and hold DISTRICT, COUNTY, and/or DISTRICT/COUNTY INDEMNITEES harmless
- Page 14 of 23-
Agreement No,DI 2-015
Bikeways and Trails In the City of Santa Ana
12.2. DISTRICT ACCESS GAT99
DISTRICT access gates not used by the public are to be Immediately locked upon entering or
exiting DISTRICT channel right of way.
12.3. USE OF DISTRICT ROADS
CITY acknowledges that the use of earthen DISTRICT access roads is prohibited during
inclement weather or when DISTRICT'f, earthen access roads are wet. When DISTRICT's
earthen access roads are wet,CITY's access will be limited to pedestrian access only and CITY
shall allow such access only if CITY determines the conditions are safe and do not warrant the
CITY's closure of such access by the public. Nothing in this paragraph shall diminish
DIRECTOR's authority to order closure of the RECREATION IMPROVEMENTS when deemed
necessary by DIRECTOR.
ARTICLE 13
STORMWATER
13.1, CQMPLIANCE WITH STORMWATERREGULATIONS
CITY and all CITY's, agents, employees and contractors shall maintain the PREMISES so as to \V
"k
assure that pollutants do not enter the DISTRICT's facilities from the PREMISES,
The Santa Ana Regional Water Quality Control Board (hereinafter referred to as "RWQCB`)has
issued permits which regulate stormwater and non-stormwater discharges (Stormwater Permits)
resulting from areas owned and operated by the DISTRICT including activities conducted under
this AGREEMENT. The COUNTY and cities within Orange County have enacted water quality
ordinances that prohibit activities that result in pollutants being discharged into the Stormwater
drainage system, including DISTRICT facilities.
To ensure compliance with Stormwater Permits and water quality ordinances, DISTRICT and
COUNTY have developed a Drainage Area Management Plan including a Local Implementation
Plan(hereinafter referred to as "DAMPILIP")that contains Model Maintenance Procedures with
BMPs that parties using DISTRICT owned properties must adhere to. These Model Maintenance
- Page 18 of 23-
Agraement No.D12-016
Bikeways and Trails in the City of Santa Ana
IN WITNESS WHEREOF, each PARTY hereto has executed this AGREEMENT by its duly
authorized representatives as of the date set forth above.
City of Santa Ana, California,
a charter city
Date.- By:
Paul M.Walters
City Manager
Attest:
Date: J_/ BYi
Maria D uizar
Clerk of the Council
APPROVED AS TO FORM:
City of Santa Ana
BY: AG
Lau heady
Assistant City Attorney
Page 22 of 23-
Agreement No.D12-015
Bikeways and'Trails in the City of Santa Ana
Orange County Flood Control District,
a body corporate and politic
Date:
Chairman of the Boar of Supervisors-w-(
Orange County, CA
Signed and certified that a copy of this document has
been delivered to the Chair of the Board per G.C. Sec.
25103, Reso 79-1536
Attest:/
Date:
Susan Novak
Clerk of the Board of Supervisors
County of Orange, California
APPROVED AS TO FORK
Office of the County Counsel
Orange County, California
Date:
By
Page 23 of 23 -
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