Loading...
HomeMy WebLinkAboutAgenda Packet_2024-04-02 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California March 19, 2024 CLOSED SESSION MEETING – 4:00 P.M. REGULAR OPEN MEETING – 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 TELECONFERENCE NOTICE Pursuant to Government Code Section 54953(b), the regular meeting will include teleconference participation from Mayor Pro Tem Thai Viet Phan from: NINH BINH HIDDEN CHARM HOTEL & RESORT, No 9, Tam Coc – Bich Dong Tourist Center, Ninh Thang, Hoa Lu, Ninh Binh, Vietnam (with the room number posted in the hotel lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:18 P.M. ATTENDANCE Council MembersPhil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro TemThai Viet Phan MayorValerie Amezcua Interim City ManagerTom Hatch City AttorneySonia R. Carvalho City ClerkJennifer L. Hall CITY COUNCIL1MARCH 19, 2024 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Lopez and Vazquez, and Mayor Amezcua were present. Councilmembers Hernandez and Penaloza, and Mayor Pro Tem Phan (via teleconference) arrived during Closed Session. ADDITIONS\\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho requested to add an item to the Closed Session Agenda related to threats of litigation regarding an item on the Open Session agenda. Mayor Amezcua stated she would not support the item. Councilmember Lopez spoke in support of the item and requested it be discussed. City Attorney Carvalho clarified that there must be a unanimous vote to add the item, and as there was not, the item was not added to the Closed Session Agenda. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:20 P.M. CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code. A.Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01287702 2.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Ramon Figueroa, Acting Human Resources Executive Director Employee Organization: Santa Ana Police Officers Association (POA) CITY COUNCIL2MARCH 19, 2024 3.PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Acting City Manager/ Interim City Manager/ Permanent City Manager CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:44 P.M. ATTENDANCE CouncilmembersPhil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro TemThai Viet Phan MayorValerie Amezcua Interim City Manager Tom Hatch City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan (via teleconference), and Mayor Amezcua were present. PLEDGE OF ALLEGIANCEActing Police Chief Robert Rodriguez WORDS OF INSPIRATIONPolice Chaplain Barnett ADDITIONS\\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced the continued Public Hearing Agenda Item No. 27 was removed by staff. CEREMONIAL PRESENTATIONS 1.Certificates of Recognition Presented by Mayor Amezcua to the Mater Dei High School Boys Varsity Soccer Team for Exceptional Athletic Performance CITY COUNCIL3MARCH 19, 2024 MINUTES: Mayor Amezcua presented the Certificates of Recognition to the Mater Dei High School Boys Varsity Soccer Team for exceptional athletic performance. 2.Certificate of Recognition presented by Councilmember Hernandez to Pearl Raya and the Raya Foundation for Outstanding Contributions to the Community MINUTES: Councilmember Hernandez presented the Certificates of Recognition to Perla Raya and the Raya Foundation for Outstanding Contributions to the Community. 3.Certificate of Recognition Presented by Councilmember Lopez to Viet Rainbow of Orange County for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented the Certificate of Recognition to Viet Rainbow of Orange County for Outstanding Contributions to the Community. 4.Proclamation presented by Councilmember Vazquez to El Centro Cultural de Mexico in Recognition of their 30-Year Anniversary MINUTES: Councilmember Vazquez presented the Proclamation to El Centro Cultural de Mexico in recognition of their 30-Year Anniversary. STAFF PRESENTATIONS 5.Planning and Building Agency Awards Presentation MINUTES: Planning and Building Executive Director Minh Thai presented the 2023 Planning Awards. CITY MANAGER COMMENTS WAS CONSIDERED OUT OF ORDER CITY MANAGER COMMENTS MINUTES: Interim City Manager Tom Hatch gave an update regarding the proposed Orange County Needle Exchange Distribution Program. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho stated there was reportable action on Closed Session Agenda Item No. 3. The City Council has unanimously appointed Alvaro Nunez as the Acting City Manager effective March 29, 2024. CITY COUNCIL4MARCH 19, 2024 AGENDA ITEM NO.8 WAS CONSIDERED OUT OF ORDER MOTION: Councilmember Hernandez moved to approve the recommended action for Agenda Item No. 8, seconded by Councilmember Bacerra. The motion carried, 7-0, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES:NONE ABSTAIN:NONE ABSENT:NONE Status: 7 - 0 – Pass MINUTES: While Councilmember Penaloza was initially absent for Agenda Item No. 8, he recorded ‘yes’ vote with the City Clerk. 8.Appoint Wyatt Malfavon Nominated by Mayor Amezcua as the Mayor Representative to the Youth Commission for a Partial-Term Expiring in December 10, 2024 Department(s): City Clerk’s Office Recommended Action: Appoint Wyatt Malfavon to the Youth Commission as the Citywide representative and administer the Oath of Office. MINUTES: No Public Comments were received regarding Agenda Item No. 8. City Clerk Jennifer L. Hall administered the Oath of Office to Wyatt Malfavon. Councilmember Vazquez requested Agenda Item No. 24 be considered out of order and prior to public comments. City Clerk Jennifer L. Hall stated, per the Brown Act, public comments must be heard prior to Council consideration. Mayor Amezcua announced public comments would be limited to two minutes per speaker for two hours. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. MINUTES: The following speakers addressed the City Council in person: 1.Liza Rios expressed concern regarding protests in her neighborhood and spoke regarding freedom of speech. CITY COUNCIL5MARCH 19, 2024 2.Jeffrey Katz spoke in support of Agenda Item No. 24. 3.Hasan Abushamzani spoke in opposition to Agenda Item No. 24. 4.Hairo Cortes spoke in opposition to Agenda Item No. 24 and spoke regarding social media censorship. 5.Kelly spoke in opposition to Agenda Item No. 24. 6.Robin spoke regarding anti-Semitism. 7.Omar Z. spoke regarding First Amendment rights and requested Mayor Amezcua resign as mayor. 8.Omar K. spoke in opposition to Agenda Item No. 24. 9.Kashif G. spoke in opposition to Agenda Item No. 24. 10.Yas spoke in opposition to Agenda Item No. 24. 11.Marina Salmon spoke in opposition to Agenda Item No. 24. 12.Dr. Maha Afra spoke in opposition to Agenda Item No. 24. 13.Johnny A. Mejia stated he has been treated unfairly by the Parks and Recreation Department related to youth sports and expressed concern with the costs, rules, and regulations in place. 14.Tomas Fernandez echoed the previous speaker’s comments. 15.Kendee Hamilton spoke in opposition to Agenda Item No. 24. 16.Mohammad spoke in opposition to Agenda Item No. 24. 17.Michael Diaz spoke in opposition to Agenda Item No. 24. 18.Wessal spoke in opposition to Agenda Item No. 24. 19.Samantha spoke in opposition to Agenda Item No. 24. 20.Jannah spoke in opposition to Agenda Item No. 24. 21.Tanya Navarro spoke in opposition to Agenda Item No. 24. 22.Jose Lopez (translation: Spanish) spoke regarding parking permit issues in his neighborhood. CITY COUNCIL6MARCH 19, 2024 23.Juliana M. spoke in opposition to Agenda Item No. 24. 24.Monique Rangell spoke in opposition to Agenda Item No. 24. 25.Diplomatic Democrat spoke in opposition to Agenda Item No. 24. 26.Jenny Hazen spoke in support of Agenda Item No. 24. 27.Jaime Saleta (translation: Spanish) expressed concern regarding manifestations and protesting at homes. 28.Jennifer Martinez spoke in opposition to Agenda Item No. 24. 29.Hassan spoke in opposition to Agenda Item No. 24. 30.Perla Dionicio spoke regarding community safety. 31.Fernando Deveras spoke in opposition to Agenda Item No. 24. 32.Hope Palestine spoke in opposition to Agenda Item No. 24. 33.Nas S. spoke in opposition to Agenda Item No. 24. 34.Lydda spoke in opposition to Agenda Item No. 24. 35.Kit Thelo spoke in opposition to Agenda Item No. 24. 36.Jenan spoke in opposition to Agenda Item No. 24. 37.Mona Palestine spoke in opposition to Agenda Item No. 24. 38.Salera spoke in opposition to Agenda Item No. 24. 39.Armagaan Rehaman spoke in opposition to Agenda Item No. 24. 40.Ali H. spoke in opposition to Agenda Item No. 24. 41.Alison DeMark spoke in support of Agenda Item No. 24. 42.Nina Jirik spoke regarding vacant property in Washington Square neighborhood. 43.David Jirik requested a walkable park in vacant property at Washington Square neighborhood and a feasibility study. 44.Rashad spoke in opposition to Agenda Item No. 24. 45.Mark Rothenberg spoke in support of Agenda Item No. 24. CITY COUNCIL7MARCH 19, 2024 46.Carlos Perea spoke in opposition to Agenda Item No. 24. 47.Monica Tenorio spoke in opposition to Agenda Item No. 24. 48.Khadija spoke in opposition to Agenda Item No. 24. 49.Jesus Vazquez spoke in opposition to Agenda Item No. 24. The following speakers addressed the City Council via teleconference: 50. Ben Salazar spoke in opposition to Agenda Item No. 24. 51.Pat Davis spoke in opposition to Agenda Item No. 24. 52.Julia Gomez spoke in opposition to Agenda Item No. 24. 53.Housing is a Human Right OC spoke in opposition to Agenda Item No. 24. 54.Danett Abbott-Wicker spoke in opposition to Agenda Item No. 24. 55.Leonel Flores spoke in opposition to Agenda Item No. 24. 56.Katie Newman spoke in opposition to Agenda Item No. 24. 57.Ash Katchem spoke in opposition to Agenda Item No. 24. There were not speakers at Mayor Pro Tem Phan’s teleconference location. City Clerk Jennifer L. Hall reported out the summary of email comments received: One (1) Agenda Item No. 11, One (1) Agenda Item No. 12, 53 Agenda Item No. 24, Four (4) Agenda Item No. 27, and Nine (9) non-agenda comments. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 23 and waive reading of all resolutions and ordinances MINUTES: At 9:42 P.M. the Consent Calendar was considered. Councilmember Phan recused herself from Agenda Item No. 22 as the listed entity, Tait & Associates, Inc., is a client of her employer, Rutan and Tucker. Councilmember Bacerra pulled Agenda Item No. 23 for separate discussion and consideration. Councilmember Penaloza pulled Agenda Item No. 14 for separate discussion and consideration. CITY COUNCIL8MARCH 19, 2024 MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 23 with the exception of Item Nos. 14 and 23 pulled for separate discussion and consideration and Item No. 8 considered out of order, seconded by Councilmember Lopez. The motion carried, 7-0, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES:NONE ABSTAIN:NONE ABSENT:NONE Status: 7 – 0 – Pass 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of March 5, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.AGENDA ITEM NO. 8 WAS CONSIDERED OUT OF ORDER AND HEARD PRIOR TO PUBLIC COMMENTS. (See Page 5) 9.Substance Abuse and Public Intoxication Enforcement Informational Report 4th Quarter 2023 Department(s): Police Department Recommended Action: Receive and file. 10.Approve an Appropriation Adjustment and an Amendment to the Fiscal Year 2023 2024 Capital Improvement Program to Add Funds to the Automated Metering Infrastructure Project (Project No. 166460) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1.Approve an appropriation adjustment to transfer $1,300,000 from Water Utility Production & Supply, Miscellaneous Operating Expenses account and $1,550,000 in Water Meter Services, Contract Services – Professional account, CITY COUNCIL9MARCH 19, 2024 to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes) 2.Approve an amendment to the Fiscal Year Capital Improvement Program to include $4,500,000 in construction funds for the Automated Metering Infrastructure Project. (Project No. 11.Approve Appropriation Adjustment Recognizing $725,000 in Housing Assistance Payment Funds for Emergency Housing Vouchers Department(s): Community Development Agency Recommended Action: Approve an appropriation adjustment recognizing housing assistance funding in the amount of $725,000 in revenue account (no. 52011) and appropriating the same amount to expenditure account (no. 69158) to administer existing vouchers. (Requires five affirmative votes). 12.Award Approve the Homeless Housing, Assistance, and Prevention (HHAP) Round 5 Application Department(s): Community Development Agency Recommended Action: Approve the submission of the Homeless Housing, Assistance, and Prevention (HHAP) Program Round 5 Application to receive funding from the State of California’s Homeless Coordinating and Financing Council (HCFC) to address homelessness. 13.City of Santa Ana 2023 General Plan Annual Progress Report Department(s): Planning and Building Agency Recommended Action: 1.Receive and file the City of Santa Ana 2023 General Plan Annual Progress Report and 2.Authorize staff to submit the City of Santa Ana 2023 General Plan Annual Progress Report to the State of California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). CITY COUNCIL10MARCH 19, 2024 AGENDA ITEM NO. 14 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 14.Approve Destruction of Obsolete City Records Department(s): Public Works Agency Recommended Action: Approve the request for the destruction of obsolete records from the Public Works Agency’s Engineering Services Division, Development and Construction Engineering Section in accordance with the retention schedule outlined in City Council Resolution 2013-014. MINUTES: Councilmember Penaloza spoke in support of the item and requested the removal of Bristol Street Widening Project records until the project has been completed. Mayor Amezcua asked for the years of the requested records for destruction. Public Works Director Nabil Saba stated the records are from prior to 2012. Councilmember Lopez spoke regarding the retention policy and asked for clarification regarding the type of records requesting to be destroyed. Director Saba spoke regarding the type of records prepared for destruction. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 14, as amended to retain any records related to the Bristol Street Widening Project, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES:COUNCILMEMBER LOPEZ ABSTAIN:NONE ABSENT:NONE Status: 6 – 1 – Pass 15.Receive and File Citywide Sports Field Renovation Schedule Department(s): Public Works Agency Recommended Action: Receive and file Citywide Sports Field Renovation Schedule for 2024 to 2025. CITY COUNCIL11MARCH 19, 2024 16.Award Purchase Order Contract with Lightbox Parent, L.P. for Geographic Information System Data Services Subscription (Specification No. 24-024) (Non- General Fund) Department(s): Public Works Agency Recommended Action: Award a Purchase Order Contract with Lightbox Parent, L. P. to provide Geographic Information System Data Services for a total not to exceed amount of $281,326, including an annual contingency of $5,000, for a term beginning on April 16, 2024 and expiring April 15, 2029. 17.Award Blanket Order Contract to Dell Marketing L.P. for Desktop Laptops, Mobile Devices, and Related Equipment in an Amount Not to Exceed $8,100,000 (Specification No. 24037) (General and NonGeneral Fund) Department(s): Information Technology Recommended Action: Award Blanket Order Contract to Dell Marketing L.P. for desktop computers, laptops, mobile devices, and related equipment for a twenty-one-month period expiring November 30, 2025 with provisions for five, one-year renewal options, in an annual amount not to exceed $1,200,000. 18.Amend the Agreement with Hanson Bridget, LLP (General Fund) Department(s): City Attorney’s Office Recommended Action: Authorize the City Manager to execute a first amendment to the Agreement with Hanson Bridgett, LLP to provide legal and investigative services, increasing the amount of the compensation by $125,000 for a total agreement amount of $175,000, and revise the term of the Agreement through June 30, 2025, with an option to extend for up to one (1) year (Agreement No. ). 19.Approve and Agreement with Invengo America Corporation DBA FE Technologies for Maintenance Services and Equipment for the Delhi Library Branch Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Invengo America Corporation DBA FE Technologies to provide maintenance services and library equipment for the Delhi Library Branch for a threeyear term ending March 15, 2027 in an amount not to exceed $40,212 (Agreement No. ). CITY COUNCIL12MARCH 19, 2024 20.Approve an Amendment with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a third amendment to the agreement with Sedaru, formerly known as ID Modeling, Inc., for Water System Computer Modeling and Engineering Services, to extend the existing term through December 31, 2024, with no supplementary expenses to the previously executed amount (Agreement No. ). 21.Approve Second Amendments to Agreements with AESCO, Inc., Kleinfelder, Inc., and RMA Group, Inc. for OnCall Material Testing and Special Inspection Services (Non General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendments to the standard agreement with AESCO, Inc., Kleinfelder, Inc., and RMAGroup, Inc. to provide oncall material testing and special inspection services and increase the contract amount by $2,000,000, for a total amount not to exceed $4,000,000 for the remaining term (Core Agreement No. A2024035). 22.Approve First Amendments to Agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, KimleyHorn and Associates, Inc., HuittZollars, Inc., and Tait & Associates, Inc. for Engineering Services Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute first amendments to the agreements with Tetra Tech, Inc., Ardurra Group, Inc., Psomas, KimleyHorn and Associates, Inc., HuittZollars, Inc., and Tait & Associates, Inc. for oncall engineering services to increase the agreement amount by $750,000, for a total aggregate agreement amount not to exceed $2,750,000 for the remaining term of the agreement which began on August 16, 2022 and expires on August 15, 2025, with a provision for two, one year optional extensions (Core Agreement No. ). MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 22 as part of the consent calendar, seconded by Councilmember Lopez. CITY COUNCIL13MARCH 19, 2024 The motion carried, 6-0-1, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES:NONE ABSTAIN:MAYOR PRO TEM PHAN ABSENT:NONE Status: 6 – 0 - 1 – Pass AGENDA ITEM NO. 23 PULLED FROM CONSENT CALENDAR FOR SEPARATE DISCUSSION. 23.Resolutions to Increase the City Manager’s Office and Police Department Headcount, Amend the City’s Classification and Compensation Plan, and Approve the City Council Appointee Salary Schedule Department(s): City Manager’s Office Recommended Action: Adopt resolutions to increase the City Manager’s Office and Police Department headcount, amend the City’s classification and compensation plan, and approve the City Council Appointee salary schedule. RESOLUTION NO. 2024006 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CURRENT FISCAL YEAR 20232024 ANNUAL BUDGET TO ADD POSITIONS IN THE CITY MANAGER’S OFFICE AND THE POLICE DEPARTMENT RESOLUTION NO. 2024007 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN RESOLUTION NO. 2024008 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ADOPT AND APPROVE A COUNCIL APPOINTEE SALARY SCHEDULE IN COMPLIANCE WITH TITLE 2 OF THE CALIFORNIA CODE OF REGULATIONS SECTION 570.5 AND THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CALPERS) MINUTES: Councilmember Bacerra spoke in support of a new deputy city manager position, stated this was a form of defunding the police, and spoke in opposition to reallocating funds. Councilmember Lopez asked for clarification regarding the statement of defunding police. Interim City Manager Tom Hatch spoke regarding the proposed reallocation of funds and filling vacancies. CITY COUNCIL14MARCH 19, 2024 Acting Police Chief Robert Rodriguez spoke regarding the positive impacts of reallocating funds. Councilmember Lopez spoke in support of the item. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 23, seconded by Councilmember Vazquez. MINUTES: Councilmember Penaloza spoke in support of a new deputy city manager position, expressed concern regarding the major changes to the Police Department, and spoke regarding defunding sworn police officers. SUBSTITUTE MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 23, as amended to continue the portion of the workforce changes related to the Police Department, seconded by Councilmember Bacerra. MINUTES: Councilmember Bacerra expressed concern regarding losing funding for sworn police officers and requested the new Police Chief make that determination/assessment of the department. Councilmember Vazquez inquired whether the positions of sworn police officers were being deleted or suspended and the number of unfilled positions, sworn officers, and separation of officers per year. Interim City Manager Hatch and Acting Police Chief Rodriguez answered Councilmember Vazquez’s questions and provided clarification. At 10:01 P.M. City Clerk Jennifer L. Hall announced Mayor Pro Tem Phan would no longer be participating in the meeting. Councilmember Hernandez spoke in support of the item. Discussion ensued regarding the impacts to the Police Department’s operations, hiring of new officers, filling vacant positions, allocation of funding, and discussion during the budget cycle. The substitute motion failed, 3-3-0-1, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES:COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ ABSTAIN:NONE ABSENT:MAYOR PRO TEM PHAN Status: 3 – 3 – 0 - 1 – FAIL CITY COUNCIL15MARCH 19, 2024 The original motion failed, 3-3-0-1, by the following roll call vote: AYES:COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ NOES:COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA ABSTAIN:NONE ABSENT:MAYOR PRO TEM PHAN Status: 3 – 3 – 0 -1 – FAIL MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, as amended to approve positions of the Deputy City Manager and Human Resources Analyst only, seconded by Councilmember Hernandez. The motion carried, 4-2-0-1, by the following roll call vote: AYES:COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, MAYOR AMEZCUA NOES:COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ ABSTAIN:NONE ABSENT:MAYOR PRO TEM PHAN Status: 4 – 2 – 0 - 1 – Pass MINUTES: Councilmember Penaloza clarified that the rest of the police classifications would be part of the budget cycle. **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 10:34 P.M., the Business Calendar was considered. 24.Ordinance Establishing Distance Requirement for Targeting Residential Picketing Department(s): City Manager’s Office Recommended Action: 1.Adopt an urgency ordinance establishing distance requirements for targeted residential picketing. ORDINANCE NO. entitled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN ACCORDANCE WITH SANTA ANA CHARTER SECTIONS 415 AND 417 TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California CITY COUNCIL16MARCH 19, 2024 Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and and 2.Approve first reading of an ordinance establishing distance requirements for targeted residential picketing. If approved, Article 1 section would be amended and entitled “Targeted Residential Picketing” and sections 10111 and 10 112 will be added to the Santa Ana Municipal Code. ORDINANCE NO. entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 10, ARTICLE 1, SECTION 110 AND ADDING SECTIONS AND OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH DISTANCE REQUIREMENTS FOR TARGETED RESIDENTIAL PICKETING (includes determination that the ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3)). MINUTES: City Attorney Sonia Carvalho announced the proposed ordinance is a staff driven item and spoke regarding the proposed ordinance. Councilmember Hernandez spoke regarding First Amendment rights and spoke in opposition to the item. Councilmember Vazquez spoke regarding protesting and spoke in opposition to the item. Councilmember Lopez spoke regarding her personal experience regarding inconvenience, spoke in support of an amended noise ordinance, and asked for clarification regarding permitting and violation of First Amendment rights. City Attorney Carvalho spoke regarding protested picketing and language in the proposed ordinance. Councilmember Bacerra spoke in support of the proposed ordinance. City Clerk Jennifer L. Hall stated that per Resolution No. 2023-047 at 11:00 P.M., the City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 11:59 P.M., and will continue all other items on which additional time is required until a future City Council meeting. MOTION: Mayor Amezcua moved to complete Agenda Item No. 24, continue all remaining items on the agenda, and adjourn the City Council meeting, seconded by Councilmember Hernandez. CITY COUNCIL17MARCH 19, 2024 The motion carried, 4-1-0-2, by the following roll call vote: AYES:COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NOES:COUNCILMEMBER LOPEZ ABSTAIN:NONE ABSENT:MAYOR PRO TEM PHAN Status: 4 – 1 – 0 - 2 – Pass MINUTES: Councilmember Hernandez spoke in opposition to the item, spoke regarding his personal experience related to protests, and stated he does not wish to move forward with the item. Councilmember Penaloza spoke regarding First Amendment rights to protest and spoke in support of the ordinance. Mayor Amezcua spoke in support of the item. Councilmember Penaloza asked for clarification regarding amending noise ordinance. City Attorney Carvalho spoke regarding options for amending the noise ordinance. MOTION: Councilmember Hernandez moved to not approve the recommended action for Item No. 24, seconded by Councilmember Vazquez. The motion failed, 3-3-0-1, by the following roll call vote: AYES:COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, NOES:COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA , MAYOR AMEZCUA ABSTAIN:NONE ABSENT:NONE Status: 3 – 3 – 0 - 1 – Fail AGENDA ITEM NO. 25 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING. 25.Youth Commission Informational Report Department(s): Parks, Recreation, and Community Services Recommended Action: Accept information report and provide direction to staff. CITY COUNCIL18MARCH 19, 2024 AGENDA ITEM NO. 26 WAS CONTINUED TO A FUTURE CITY COUNCIL MEETING. 26.Ordinance Establishing Distance Requirement for Targeting Residential Picketing Department(s): Finance and Management Services Recommended Action: Provide direction for preparation of the proposed FY 2024-25 budget. **END OF BUSINESS CALENDAR** PUBLIC HEARINGS 27.PUBLIC HEARING ITEM HAS BEEN PULLED FROM CONSIDERATION BY STAFF; NO ACTION TO BE TAKEN BY CITY COUNCIL Continued Public Hearing – Adopt a Resolution Adjusting Sanitation Services Users Charge (Non-General Fund) Legal Notice published in the OC Reporter on February 5 and February 9, 2024 and notice of continuance was posted on February 21, 2024. Department(s): Public Works Agency Recommended Action: N/A **END OF PUBLIC HEARINGS** CITY MANAGER COMMENTS WERE CONSIDERED OUT OF ORDER AND HEARD AFTER STAFF PRESENTATIONS. 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. MINUTES: Mayor Amezcua adjourned the City Council Meeting at 11:14 P.M. Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk CITY COUNCIL19MARCH 19, 2024 Public Works Agency www.santa-ana.org/public-works Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Time Extension Request of Measure M2 CTFP Grant Funds AGENDA TITLE Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Bristol Street Improvements Phase IV, Warner Avenue to Saint Andrew Place, Bristol Street and Memory Lane Intersection Improvements, and Warner Avenue Improvements, Oak Street to Grand Avenue (Project Nos. 11-6741, 17-6833, and 18-6901) (Non-General Fund) RECOMMENDED ACTION Authorize the Public Works Agency to request a two-year time extension of Measure M2 Comprehensive Transportation Funding Program funding for Bristol Street Improvements Phase IV (Warner Avenue to Saint Andrew Place) (23-SNTA-ACE-4043), Bristol Street and Memory Lane Intersection Improvements (23-SNTA-ICE-4041), and Warner Avenue Improvements (Oak Street to Grand Avenue) (23-SNTA-ACE-4044). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Bristol Street Improvements Phase 4, from Warner Avenue to Saint Andrew Place, Bristol Street and Memory Lane Intersection Improvements, and Warner Avenue Improvements Phase 2, from Oak Street to Grand Avenue, projects were awarded a total of $25,409,167 in funds by the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2023-24. In accordance with CTFP guidelines, the construction contracts for these projects must be awarded by June 30, 2024. Despite diligent efforts to advance these projects through the construction phase, additional time is required beyond this deadline. CTFP guidelines also provide a one-time, up to two-year extension of Measure M2 CTFP funding, which will allow sufficient time to complete the outstanding project preparations for construction. Approval of this request will safeguard against a potential lapse in grant funding. The table below summarizes the request: Time Extension Request of Measure M2 CTFP Funds April 2, 2024 Page 2 Resolution / OCTA Board Funding City Council Approval / Project Name AmountDateProgrammed FY $11,910,0612022-100April 10, 2023 Bristol Street Improvements Phase 4 12/20/2022FY 2023-24 (Warner Avenue to Saint Andrew Place) $1,501,9002022-100April 10, 2023 Bristol Street and Memory Lane 12/20/2022FY 2023-24 Intersection Improvements $11,997,2062022-100April 10, 2023 Warner Avenue Improvements Phase 2 12/20/2022FY 2023-24 (Oak Street to Grand Avenue) The following is a brief summary of each project and their starts: The Bristol Street Improvements include features such as buffered protected bike lanes, raised medians, parkways, buffer, and median landscaping, street widening, pavement reconstruction, signal modifications, and bus pads. This project has experienced delays due to utility coordination and cost escalation. Additionally, this project is now in the final stages of utility undergrounding design. Construction of these improvements is anticipated to commence in the final quarter of the year and this formal request to extend time will ensure continued OCTA funding. Bristol Street and Memory Lane Intersection Improvements include widening of the intersection, adding a southbound through lane by replacement and installation of curbs, gutters, sidewalks, driveway approaches, pavement, landscaping, curb ramps, and traffic signal modifications. The utility coordination and Right of Way (ROW) acquisition phase for this project is nearing completion. Construction on these improvements is anticipated in the fall of 2024. Warner Avenue Improvements Phase 2 from Oak Street to Grand Avenue includes the installation of parkways, raised medians, landscaping, storm drains, protected bike lanes, sound walls, pavement reconstruction, street lights, traffic signals, and bus pads. The project is in the final stages of utility relocation planning, ROW acquisition, and railroad coordination. Construction of these improvements is anticipated in the fall of 2024. FISCAL IMPACT If this item is not approved, the City will relinquish over $25 million in awarded construction grant funding that will expire. Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager Public Works Agency www.santa-ana.org/public-works Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Walnut Street Urban Greening Project AGENDA TITLE Appropriation Adjustment for the Walnut Street Urban Greening Project RECOMMENDED ACTION Approve an appropriation adjustment to recognize $2,199,000 in Clean California Local Grant Program funding from the California Department of Transportation for the Walnut Street Urban Greening project into the Parks Capital Grant-PWA, State Grant-Direct revenue account and appropriate the same amount into the Parks Capital Grant-PWA, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Walnut Street Urban Greening project (Phase I) area is located in central Santa Ana, adjacent to the Pacific Park Neighborhood and South Main Business District. It is within the North Focus Area as identified in the South Main Street Vision Plan (SMVP) and involves converting street Right of Way (ROW) along a section of Walnut Street, from Main Street to the Court Avenue alley, to greenway and public open space. The SMVP, which covers a two-mile length of Main Street and periphery areas, was adopted by the City Council in 2016 following an extensive community outreach process with the purpose of revitalizing the area to enhance the residential and business communities along the Main Street Corridor. The Walnut Street project was identified in the SMVP in response to a community call for open space, which does not exist in the area. Improvements identified in the SMVP directly on Main Street were implemented in 2022-2023 as part of a complete street improvement project. However, the Open Space and Arts components were not included at that time due to budget limitations. On April 1, 2023, the Public Works Agency’s Parks, Fleet, and Facilities Services Division submitted a grant application to the Clean California Local Grant Program. The latest initiative provides funding to cities and local agencies to clean and revitalize public places, to enhance public health, cultural connection, and community placemaking by improving public spaces for walking and recreation. On February 15, 2024, the State of Walnut Street Urban Greening Project April 2, 2024 Page 2 California announced that the grant application for the Walnut Street Urban Greening project was awarded funding (Exhibit 1). FISCAL IMPACT Approval of the requested appropriation adjustment will recognize California Department of Transportation, Clean California Local Grant Program grant funds totaling $2,199,000 into the Parks Capital Grant-PWA, State Grant-Direct revenue account (No. 16117002-52025), and appropriate $2,199,000 into the Parks Capital Grant-PWA, Improvements Other Than Buildings expenditure account (No. 16117263- 66200). The following table summarizes the funds budgeted and available for expenditure to deliver these projects. Accounting Accounting Unit, Fiscal Fund Unit - Account No. Amount YearDescription Account No.Description Appropriation Adjustment SA River 16117263- Parks Capital Conservancy Prog- 2023-2466220$2,199,000 GrantsPWA, Improvements (24-6603) Other Than Buildings Total$2,199,000 EXHIBIT(S) 1.Caltrans Agreement – Walnut Street Urban Greening Project Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager Public Works Agency www.santa-ana.org/public-works Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Plumbing Services AGENDA TITLE Amend the Blanket Purchase Order Contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing (Specification No. 20-118) (General and Non- General Fund) RECOMMENDED ACTION Authorize an amendment to the blanket purchase order contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing for plumbing services to increase the contract amount by $790,620, for a revised aggregate amount not to exceed $2,335,620 for the remainder of the current term expiring September 30, 2024 and the last renewal period expiring September 30, 2025. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On October 20, 2020, after a competitive bidding process, the City Council approved blanket purchase order contracts with Horizons Construction Co., Pro-Craft Construction, Inc., and Verne’s Plumbing for a two-year period from October 1, 2020 to September 30, 2022, with provisions for three one-year renewal options. The services provided through these contracts are used by various City departments for general plumbing repairs, modifications, and renovations. With the adoption of the City’s FY 2023-24 budget, the City Council approved funding to replace the City Hall loading dock mechanical room sewer pump (Project No. 24-6046) and address the Ross Annex basement drainage issues (Project No. 24-6047). To move forward with these projects, staff recommends increasing the blanket purchase order contract amounts for plumbing services by an aggregate amount of $790,620, for a revised aggregate amount not to exceed $2,335,620 for the remainder of the agreement term. FISCAL IMPACT Additional funds in the amount of $678,120 are available for expenditure in the current Fiscal Year 2023-24. Funds in the amount of $112,500 will be included in the proposed annual budgets for future years. Any remaining project balances not expended by the Plumbing Services April 2, 2024 Page 2 end of the fiscal year will be presented to the City Council for approval of carry-overs for subsequent fiscal years. Fiscal Accounting Fund DescriptionAccounting Unit, Amount YearUnit-Account #Account Description RENEWAL OPTIONS Park Maintenance 01117651-Service Enhancement, General Fund37,500 62300Contract Services- Professional Civic Center 07417655-Civic Center Maintenance, 30,000 62320Maintenance Maintenance & Repair Buildings & Ground 2023-24 Oct-Jun PWA – Service 01117017- Enhancement, 66200 (24-General Fund313,200 Buildings & Building 6046) Improvements PWA – Service 01117017- Enhancement, 66200 (24-General Fund297,420 Buildings & Building 6047) Improvements Subtotal678,120 Park Maintenance 01117651-Service Enhancement, General Fund50,000 62300Contract Services- Professional 2024-25 Civic Center 07417655-Civic Center Maintenance, 40,000 62320MaintenanceMaintenance & Repair Buildings & Ground Subtotal90,000 Park Maintenance 01117651-Service Enhancement, General Fund12,500 62300Contract Services- Professional 2025-26 Jul-Sep Civic Center 07417655-Civic Center Maintenance, 10,000 62320MaintenanceMaintenance & Repair Buildings & Ground Subtotal22,500 TOTAL$790,620 Plumbing Services April 2, 2024 Page 3 Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager Public Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Sale of Land and Appropriation Adjustment AGENDA TITLE Agreement for the Sale of Land from the City and Approve an Appropriation Adjustment, Generating $4,800 in Revenue for FY 2023-24 Right-of-Way Management Project (Non- General Fund) RECOMMENDED ACTION 1.Authorize the City Manager to execute a purchase and sale agreement with Guadalupe Castaneda for the sale of City-owned property located at APN No. 410-071-44, behind 3025 Ramona Drive, in the amount of $4,800 (Agreement No. A-2024-XXX). 2.Approve an appropriation adjustment recognizing revenue in the amount of $4,800 in the Public Works General Fund, Sale of Land revenue account (No. 01117002-57071) for Fiscal Year 2023-24 and appropriating the same to the Public Works Right-of-Way expenditure account, Improvements Other Than Building (No. 01117622-66220) Project 24-6900 for FY 2023-24 Right of Way Management. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION This City-owned land has remained vacant, as it previously served as a maintenance service facility for the Parks, Recreation, and Community Services Department. The City does not have plans to activate this vacant land and has encountered frequent trespassing and other safety issues and complaints from the residence that is adjacent to this lot (Exhibit 1). The purchase price was based on appraised values prepared by a state-licensed appraiser (Exhibit 2). Approval of the recommended action will support the City’s goal to minimize blight and activate vacant land, while also lessening the City’s liability and maintenance costs. Transferring ownership will serve as a mutually beneficial situation based on the circumstances of the exempted surplus land, which was deemed too small to develop independently for any other purpose within the existing zoning. Approve Agreement for the Sale of City-Owned Real Property April 2, 2024 Page 2 Staff notified the California Department of Housing and Community Development (HCD) for review of the City of Santa Ana’s Resolution No 2023-065 declaring properties as Exempt Surplus Land. According to the resolution, the properties are less than 5,000 square feet in size and are not contiguous to land owned by the state or local agency that is being used for open-space or low-and moderate-income housing purposes. The HCD found the subject properties qualified as exempt surplus land under Government Code section 54221, subdivision (f)(1)(B), thus allowing for the transfer of ownership accordingly. Staff recommends approval of the recommended actions to transfer ownership of unused and undevelopable land to the adjacent property owner (Exhibit 3), as authorized via Santa Ana Municipal Code Section 2-706 Sale to Owners of Adjoining Property, and Section 2-709 Exceptions to transfer ownership of substandard vacant land. FISCAL IMPACT Costs for maintaining vacant lots have escalated over the years, with frequent maintenance charges for installation, rental fees, damaged material replacement fees, and emergency fencing requests. Activating remnant land will help to generate necessary project funding that will support right-of-way maintenance and security citywide (Exhibit 4). Approval of the recommended Appropriation Adjustment will recognize the receipt of $4,800 via the Public Works General Fund, Sale of Land revenue account and appropriate the same into the Public Works Right-of-Way expenditure account, Improvements Other Than Building via the FY 2023-24 Right of Way Management project (24-6900) Accounting Accounting Unit, Fiscal Fund Unit–Account Account No. Amount YearDescription No.Description 01117622-Public Works Right-of- Public Works 2023-2466220Way, Improvements $4,800 General Fund (24-6900)Other Than Building TOTAL $4,800 EXHIBIT(S) 1.Location Map 2.Appraisal 3.Purchase and Sale Agreement 4.FY 23-24 CIP Amendment – General Fund Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager Djuz!pg!Tboub!Bob!Pxofstijq ²5-136.TG!Qpsujpo!pg!BQO!521.182.55 Tboub!Bob-!Dbmjgpsojb Fggfdujwf!Ebuf!pg!Bqqsbjtbm; Kvof!:-!3134 I!F!O!O!F!T!T!F!Z!!'!!I!F!O!O!F!T!T!F!Z!!M!M!D B!Dbmjgpsojb!Mjnjufe!Mjbcjmjuz!Dpnqboz Sfbm!Ftubuf!Bqqsbjtfst ui 28713!28!Tusffu-!Tvjuf!213.357!!Uvtujo-!Dbmjgpsojb!:3891.8:26 )825*!841.1855!!!!f.nbjm;!bqqsbjtbmtAi.immd/dpn Tibspo!B/!Ifoofttfz-!NBJ-!TS0XB-!BJ.HST Dfsujgjfe!Hfofsbm!Sfbm!Ftubuf!Bqqsbjtfs NBJ!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf Kptfqi!B/!Ifoofttfz-!TS0XB!)2:39.3127*BJ.HST!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf Tfojps!Nfncfs-!Joufsobujpobm!Sjhiu!pg!Xbz!BttpdjbujpoTfojps!Nfncfs-!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo Kvof!24-!3134 Nt/!Ibmfz!Hjmcfsu Qspkfdu!Nbobhfs-!DJQ!Fohjoffsjoh Djuz!pg!Tboub!Bob Qvcmjd!Xpslt!Bhfodz!)N.47* 31!Djwjd!Dfoufs!Qmb{b Q/P/!Cpy!2:99 Tboub!Bob-!DB!:3813 SF;Sftusjdufe!Bqqsbjtbm!Sfqpsu!dpwfsjoh Djuz!pg!Tboub!Bob!Pxofstijq ²5-136!Qpsujpo!pg!BQO!521.182.55 Tboub!Bob-!Dbmjgpsojb Bu!zpvs!sfrvftu!boe!bvuipsj{bujpo-!ifsfxjui!jt!tvcnjuufe!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu-!bt!efgjofe cz!uif!Vojgpsn!Tuboebset!pg!Qspgfttjpobm!Bqqsbjtbm!Qsbdujdf-!dpwfsjoh!uif!bcpwf.sfgfsfodfe!tvckfdu qspqfsuz/!B!Sftusjdufe!Bqqsbjtbm!Sfqpsu!jt!bqqspqsjbuf!jo!uijt!jotubodf!cfdbvtf!uijt!sfqpsu!jt!gps!uif dmjfou‘t!vtf!pomz/ Qfs!uif!Djuz!pg!Tboub!Bob-!uif!tvckfdu!qspqfsuz!jt!²5-136!trvbsf!gffu/!Uif!tvckfdu!qspqfsuz!epft!opu ibwf!b!tusffu!beesftt/!Ju!jt!jefoujgjfe!bt!b!qpsujpo!pg!BQO!521.182.55/ Uif!qvsqptf!pg!uijt!bqqsbjtbm!jt!up!ftujnbuf!uif!sbohf!pg!nbslfu!wbmvf!pg!uif!tvckfdu!qspqfsuz!bt!pg uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm/!Uijt!bqqsbjtbm!sfqpsu!jt!joufoefe!up!qspwjef!pvs!dmjfou-!uif!Djuz pg!Tboub!Bob-!xjui!bo!ftujnbufe!sbohf!pg!nbslfu!wbmvf!gps!uif!tvckfdu!qspqfsuz!up!cf!vtfe!gps joufsobm!efdjtjpo.nbljoh!qvsqptft-!jodmvejoh!qpttjcmf!tbmf!pg!uif!qspqfsuz!up!uif!bcvuujoh pxofstijq!up!jut!tpvui!tjef/!Uif!joufoefe!vtfst!pg!uijt!sfqpsu!bsf!uif!fnqmpzfft!boe!evmz bvuipsj{fe!sfqsftfoubujwft!pg!uif!Djuz!pg!Tboub!Bob/ Uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm!jt!Kvof!:-!3134/!Uif!ebuf!pg!uif!sfqpsu!jt!Kvof!24-!3134/ Pqjojpo!pg!Wbmvf! Ju!jt!uif!bqqsbjtfs‘t!pqjojpo!uibu!uif!nbslfu!wbmvf!sbohf!pg!uif!tvckfdu!qspqfsuz!bt!pg!uif!ebuf pg!wbmvf-!Kvof!:-!3134-!tvckfdu!up!uif!bttvnqujpot!boe!mjnjufe!dpoejujpot!tubuf!ifsfjo-!jt; %5-911!up!%27-211 Uif!gpmmpxjoh!bobmztjt-!pqjojpot-!boe!dpodmvtjpo!xfsf!efwfmpqfe!jo!dpogpsnbodf!xjui!uif Vojgpsn!Tuboebset!pg!Qspgfttjpobm!Bqqsbjtbm!Qsbdujdf!)VTQBQ*!boe!uif!ŽDpef!pg!Qspgfttjpobm Fuijdt!boe!uif!ŽTuboebset!pg!Qspgfttjpobm!Qsbdujdf!pg!uif!Bqqsbjtbm!Jotujuvuf/!Boz!ebub-!sfbtpojoh- boe!bobmztjt!opu!ejtdvttfe!jo!uijt!Sftusjdufe!Bqqsbjtbm!Sfqpsu!ibwf!cffo!sfubjofe!jo!uif!bqqsbjtfs‘t xpsl!gjmf/ IFOOFTTFZ!'!IFOOFTTFZ!MMD cz! Tibspo!B/!Ifoofttfz-!NBJ-!TS0XB-!BJ.HST Tubuf!pg!Dbmjgpsojb!BH114434 Tboub!Bob!.!BQO!521.182.55!)7.24*/xqe Sfrvjsfnfout!gps!Sftusjdufe!Bqqsbjtbm!Sfqpsut VTQBQ!Tuboebset!Svmf!3.3)c* Uif!gpmmpxjoh!jufnt!bsf!sfrvjsfe!up!cf!jodmvefe!jo!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu; j/Tubuf!uif!jefoujuz!pg!uif!dmjfou-!ps!jg!uif!dmjfou!sfrvftufe!bopoznjuz-!tubuf!uibu!uif!jefoujuz!jt xjuiifme!bu!uif!dmjfou‘t!sfrvftu!cvu!jt!sfubjofe!jo!uif!bqqsbjtfs‘t!xpslgjmf< jj/Tubuf!uif!jefoujuz!pg!boz!puifs!joufoefe!vtfs)t*!cz!obnf< jjj/Dmfbsmz!boe!dpotqjdvpvtmz!tubuf!b!sftusjdujpo!uibu!mjnjut!vtf!pg!uif!sfqpsu!up!uif!dmjfou!boe!uif obnfe!joufoefe!vtfs)t*< jw/Dmfbsmz!boe!dpotqjdvpvtmz!xbso!uibu!uif!sfqpsu!nbz!opu!dpoubjo!tvqqpsujoh!sbujpobmf!gps!bmm!pg uif!pqjojpot!boe!dpodmvtjpot!tfu!gpsui!jo!uif!sfqpsu< w/Tubuf!uif!joufoefe!vtf!pg!uif!bqqsbjtbm< wj/Tubuf!jogpsnbujpo!tvggjdjfou!up!jefoujgz!uif!sfbm!ftubuf!jowpmwfe!jo!uif!bqqsbjtbm< wjj/Tubuf!uif!sfbm!qspqfsuz!joufsftu!bqqsbjtfe< wjjj/Tubuf!uif!uzqf!pg!wbmvf!boe!djuf!uif!tpvsdf!pg!jut!efgjojujpo< jy/Tubuf!uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm!boe!uif!ebuf!pg!uif!sfqpsu< y/Tubuf!uif!tdpqf!pg!xpsl!vtfe!up!efwfmpq!uif!bqqsbjtbm< yj/Tubuf!uif!fyufou!pg!boz!tjhojgjdbou!sfbm!qspqfsuz!bqqsbjtbm!bttjtubodf< yjj/Qspwjef!tvggjdjfou!jogpsnbujpo!up!joejdbuf!uibu!uif!bqqsbjtfs!dpnqmjfe!xjui!uif!sfrvjsfnfout!pg Tuboebse!2!cz; 2*tubujoh!uif!bqqsbjtbm!nfuipet!boe!ufdiojrvft!fnqmpzfe< 3*tubujoh!uif!sfbtpot!gps!fydmvejoh!uif!tbmft!dpnqbsjtpo-!dptu-!ps!jodpnf!bqqsbpdi)ft*!jg!boz ibwf!opu!cffo!efwfmpqfe< 4*tvnnbsj{joh!uif!sftvmut!pg!bobmz{joh!uif!tvckfdu!tbmft-!bhsffnfout!pg!tbmf-!pqujpot-!boe mjtujoht!jo!bddpsebodf!xjui!Tuboebset!Svmf!2.6<!boe 5*tubujoh!wbmvf!pqjojpo)t*!boe!dpodmvtjpo)t*< yjjj/Tubuf!uif!vtf!pg!uif!sfbm!ftubuf!fyjtujoh!bt!pg!uif!fggfdujwf!ebuf!boe!uif!vtf!pg!uif!sfbm!ftubuf sfgmfdufe!jo!uif!bqqsbjtbm<! yjw/Xifo!bo!pqjojpo!pg!uif!ijhiftu!boe!cftu!vtf!xbt!efwfmpqfe!cz!uif!bqqsbjtfs-!tubuf!uibu pqjojpo< yw/Dmfbsmz!boe!dpotqjdvpvtmz;! Tubuf!bmm!fyusbpsejobsz!bttvnqujpot!boe!izqpuifujdbm!dpoejujpot<!boe Tubuf!uibu!uifjs!vtf!njhiu!ibwf!bggfdufe!uif!bttjhofe!sftvmut<!boe ywj/Jodmvef!b!tjhofe!dfsujgjdbujpo!jo!bddpsebodf!xjui!Tuboebset!Svmf!3.4/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!2 Qsfgbdf Uijt!jt!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu!bt!efgjofe!jo!uif!Vojgpsn!Tuboebset!pg!Qspgfttjpobm!Bqqsbjtbm Qsbdujdf!)VTQBQ*/!Cz!qsjps!bhsffnfou-!uif!dmjfou!ibt!efufsnjofe!uibu!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu!jt bqqspqsjbuf!jo!uijt!jotubodf/ Uijt!sfqpsu!jt!joufoefe!up!dpnqmz!xjui!uif!sfqpsujoh!sfrvjsfnfout!tfu!gpsui!voefs!Tuboebset!Svmf 3.3)c*!pg!VTQBQ!gps!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu/!Bt!tvdi-!ju!epft!opu!qsftfou!ejtdvttjpot!pg!uif!ebub- sfbtpojoh-!boe!bobmztft!uibu!xfsf!vtfe!jo!uif!bqqsbjtbm!qspdftt!up!efwfmpq!uif!bqqsbjtfs‘t!pqjojpo!pg wbmvf/!Sbuifs-!pomz!csjfg!tubufnfout!bsf!qsftfoufe/!Uif!tvqqpsujoh!epdvnfoubujpo!dpodfsojoh!uif ebub-!sfbtpojoh-!boe!bobmztft!jt!sfubjofe!jo!uif!bqqsbjtfs‘t!gjmf/!Uif!efqui!pg!ejtdvttjpo!dpoubjofe!jo uijt!sfqpsu!jt!tqfdjgjd!up!uif!offet!pg!uif!dmjfou!boe!gps!uif!joufoefe!vtf!pg!uijt!sfqpsu/ Uif!tvckfdu!qspqfsuz!)qpsujpo!pg!BQO!521.182.55*!jt!b!²5-136.trvbsf.gppu!wbdbou!mpu/!Jg!tpme-!uif tvckfdu!qspqfsuz!xpvme!cf!kpjofe0bttfncmfe!up!uif!bekbdfou!pxofstijq!up!uif!tpvui/ Pomz!uif!Tbmft!Dpnqbsjtpo!Bqqspbdi!xbt!vtfe!up!wbmvf!uif!tvckfdu!qspqfsuz/!Uijt!bqqspbdi!xbt dpotjefsfe!up!cf!uif!nptu!mjlfmz!bqqspbdi!b!qpufoujbm!qvsdibtfs!pg!uif!tvckfdu!qspqfsuz!xpvme!vtf/ Uif!Jodpnf!Bqqspbdi!boe!uif!Dptu!Bqqspbdi!xfsf!opu!vtfe-!cfdbvtf!uijt!qbsdfm!jt!fttfoujbmmz vojnqspwfe!)wbdbou!mpu*!boe!uiftf!bqqspbdift!bsf!opu!qfsujofou!jo!uijt!jotubodf/ Tuboebset!Svmf!3.3)c*!pg!VTQBQ!tqfdjgjft!uibu!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu!beesftt!27!tqfdjgjd!jttvft/ Uif!gpmmpxjoh!tfdujpot!pg!uijt!sfqpsu!bsf!qsftfoufe!jo!b!nboofs!tp!bt!up!dpnqmz!xjui!uif!27 sfrvjsfnfout!uibu!bsf!tqfdjgjfe!po!uif!qsfwjpvt!qbhf/ j/Tubuf!uif!jefoujuz!pg!uif!dmjfou-!ps!jg!uif!dmjfou!sfrvftufe!bopoznjuz-!tubuf!uibu!uif!jefoujuz!jt xjuiifme!bu!uif!dmjfou‘t!sfrvftu!cvu!jt!sfubjofe!jo!uif!bqqsbjtfs‘t!xpslgjmf< Djuz!pg!Tboub!Bob jj/Tubuf!uif!jefoujuz!pg!boz!puifs!joufoefe!vtfs)t*!cz!obnf< Opof jjj/Dmfbsmz!boe!dpotqjdvpvtmz!tubuf!b!sftusjdujpo!uibu!mjnjut!vtf!pg!uif!sfqpsu!up!uif!dmjfou!boe!uif obnfe!joufoefe!vtfs)t*< Uif!vtf!pg!uijt!sfqpsu!jt!mjnjufe!up!uif!dmjfou!boe!joufoefe!vtfs-!Djuz!pg!Tboub!Bob/!Uifsf!jt op!puifs!joufoefe!vtfs/ jw/Dmfbsmz!boe!dpotqjdvpvtmz!xbso!uibu!uif!sfqpsu!nbz!opu!dpoubjo!tvqqpsujoh!sbujpobmf!gps!bmm!pg uif!pqjojpot!boe!dpodmvtjpot!tfu!gpsui!jo!uif!sfqpsu< Uijt!sfqpsu!jt!sftusjdufe!jo!uibu!ju!epft!opu!qsftfou!ejtdvttjpot!pg!uif!ebub-!sfbtpojoh-!boe bobmztft!uibu!xfsf!vtfe!jo!uif!bqqsbjtbm!qspdftt!up!efwfmpq!uif!bqqsbjtfs‘t!pqjojpo!pg wbmvf/!Uijt!sfqpsu!dboopu!cf!uipspvhimz!voefstuppe!xjuipvu!uijt!jogpsnbujpo/!Uijt jogpsnbujpo!ibt!cffo!sfubjofe!jo!uif!bqqsbjtfs‘t!gjmf/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!3 w/Tubuf!uif!joufoefe!vtf!pg!uif!bqqsbjtbm< Uif!joufoefe!vtf!pg!uijt!sfqpsu!jt!up!ftubcmjti!uif!nbslfu!wbmvf!gps!uif!tvckfdu!qspqfsuz!bt!pg uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm/!Uijt!sfqpsu!jt!up!cf!vtfe!cz!uif!Djuz!pg!Tboub!Bob!gps joufsobm!efdjtjpo.nbljoh!qvsqptft-!jodmvejoh!qpttjcmf!tbmf/!Uif!joufoefe!vtfst!pg!uijt sfqpsu!bsf!uif!fnqmpzfft!boe!evmz!bvuipsj{fe!sfqsftfoubujwft!pg!uif!Djuz!pg!Tboub!Bob/ wj/Tubuf!jogpsnbujpo!tvggjdjfou!up!jefoujgz!uif!sfbm!ftubuf!jowpmwfe!jo!uif!bqqsbjtbm< Uif!tvckfdu!qspqfsuz!jt!jefoujgjfe!bt!b!²5-136!qpsujpo!pg!Bttfttps‘t!Qbsdfm!Ovncfs 521.182.55/!Ju!epft!opu!ibwf!b!tusffu!beesftt/!Uif!tvckfdu!qspqfsuz!jt!mpdbufe!bekbdfou!up uif!opsui!tjef!pg!4136!Sbnpob!Esjwf-!Tboub!Bob-!Dbmjgpsojb/!Uif!tvckfdu!qspqfsuz!jt!tipxo po!uif!fyijcju!jo!uif!Bqqfoejy!pg!uijt!sfqpsu/ wjj/Tubuf!uif!sfbm!qspqfsuz!joufsftu!bqqsbjtfe< Uif!qspqfsuz!sjhiut!cfjoh!bqqsbjtfe!bsf!gff!tjnqmf!joufsftu/ ui Uif!Ejdujpobsz!pg!Sfbm!Ftubuf!Bqqsbjtbm-!8!Fejujpo-!qvcmjtife!jo!3133!cz!uif!Bqqsbjtbm Jotujuvuf!efgjoft!Žgff!tjnqmf!ftubuf!po!qbhf!84!bt!gpmmpxt; Bctpmvuf!pxofstijq!vofodvncfsfe!cz!boz!puifs!joufsftu!ps!ftubuf-!tvckfdu!pomz!up!uif mjnjubujpot!jnqptfe!cz!uif!hpwfsonfoubm!qpxfst!pg!ubybujpo-!fnjofou!epnbjo-!qpmjdf qpxfs-!boe!ftdifbu/ Uif!gff!tjnqmf!ftubuf!wbmvfe!jo!uijt!sfqpsu!jt!bqqsbjtfe!bt!uipvhi!gsff!boe!dmfbs!pg!fyjtujoh mfbtft!boe!bmm!puifs!fodvncsbodft!fydfqu!uiptf!opufe!jo!uif!wbmvbujpo!tfdujpo!pg!uijt sfqpsu/ wjjj/Tubuf!uif!uzqf!pg!wbmvf!boe!djuf!uif!tpvsdf!pg!jut!efgjojujpo< Efgjojujpo!pg!Nbslfu!Wbmvf ui Uif!Ejdujpobsz!pg!Sfbm!Ftubuf!Bqqsbjtbm-!8!Fejujpo-!qvcmjtife!jo!3133!cz!uif!Bqqsbjtbm Jotujuvuf!efgjoft!Žnbslfu!wbmvf!po!qbhf!229!bt!gpmmpxt; Uif!nptu!qspcbcmf!qsjdf-!bt!pg!b!tqfdjgjfe!ebuf-!jo!dbti-!ps!jo!ufsnt!frvjwbmfou!up dbti-!ps!jo!puifs!qsfdjtfmz!sfwfbmfe!ufsnt-!gps!xijdi!uif!tqfdjgjfe!qspqfsuz!sjhiut tipvme!tfmm!bgufs!sfbtpobcmf!fyqptvsf!jo!b!dpnqfujujwf!nbslfu!voefs!bmm dpoejujpot!sfrvjtjuf!up!b!gbjs!tbmf-!xjui!uif!cvzfs!boe!tfmmfs!fbdi!bdujoh!qsvefoumz- lopxmfehfbcmz-!boe!gps!tfmg.joufsftu-!boe!bttvnjoh!uibu!ofjuifs!jt!voefs!voevf evsftt/ jy/Tubuf!uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm!boe!uif!ebuf!pg!uif!sfqpsu< Uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm!jt!Kvof!:-!3134/ Uif!ebuf!pg!uif!sfqpsu!jt!Kvof!24-!3134/ y/Tubuf!uif!tdpqf!pg!xpsl!vtfe!up!efwfmpq!uif!bqqsbjtbm< Uif!tdpqf!pg!uif!bqqsbjtbm!jt!uif!fyufou!pg!uif!qspdftt!pg!dpmmfdujoh-!dpogjsnjoh-!bobmz{joh- boe!sfqpsujoh!ebub/!Uif!gpmmpxjoh!xfsf!dpnqmfufe!gps!uijt!bttjhonfou; 2/Bddfqufe!uif!bttjhonfou!up!nblf!bo!pckfdujwf!bqqsbjtbm!pg!uif!tvckfdu!qspqfsuz boe!up!sfqpsu!uif!ftujnbufe!sbohf!pg!nbslfu!wbmvf/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!4 3/Upvsfe!uif!hfofsbm!bsfb!cz!bvupnpcjmf!up!hfu!bdrvbjoufe!xjui!uif!fyufou- dpoejujpo-!boe!rvbmjuz!pg!ofbscz!efwfmpqnfout-!tbmft!boe!pggfsjoht-!efotjuz!boe uzqf!pg!efwfmpqnfou-!upqphsbqijdbm!gfbuvsft-!fdpopnjd!dpoejujpot-!boe!usfoet upxbse!dibohf/ 4/Wjfxfe!uif!tvckfdu!qspqfsuz!up!hfu!bdrvbjoufe!xjui!uif!dvssfou!qbsujdvmbs buusjcvuft!ps!tipsudpnjoht!pg!uif!tvckfdu!qspqfsuz/ 5/Nbef!b!wjtvbm!pctfswbujpo!dpodfsojoh!qvcmjd!tusffut-!bddftt-!esbjobhf-!boe upqphsbqiz!pg!uif!tvckfdu!qspqfsuz/ 6/Qipuphsbqife!uif!tvckfdu!qspqfsuz!boe!uif!jnnfejbuf!fowjspot/ 7/Pcubjofe!gspn!rvbmjgjfe!tpvsdft!dbmdvmbujpot!pg!uif!bsfb!pg!mboe!dpoubjofe!xjuijo uif!tvckfdu!qspqfsuz/ 8/Sfwjfxfe!dvssfou!nbqt-!{pojoh!psejobodft-!boe!puifs!nbufsjbm!gps!beejujpobm cbdlhspvoe!jogpsnbujpo!qfsubjojoh!up!uif!tvckfdu!qspqfsuz!boe!uif!tbmf!qspqfsuz/ 9/Gpsnfe!bo!pqjojpo!pg!uif!ijhiftu!boe!cftu!vtf!bqqmjdbcmf!up!uif!tvckfdu!qspqfsuz bqqsbjtfe!ifsfjo/ :/Tfbsdife!qvcmjd!sfdpset!gps!gbduvbm!jogpsnbujpo!sfhbsejoh!sfdfou!tbmft!pg!uif tvckfdu!qspqfsuz-!boe!gps!sfdfou!tbmft!pg!dpnqbsbcmf!qspqfsuz/ 21/Wjfxfe!boe!dpogjsnfe-!xifo!qpttjcmf-!uif!tbmft!qsjdf!boe!puifs!qbsujdvmbst qfsubjojoh!up!fbdi!dpnqbsbcmf!tbmf!dpoubjofe!jo!uijt!sfqpsu/ 22/Bobmz{fe!uif!ebub!up!bssjwf!bu!b!dpodmvtjpo!wjb!uif!Tbmft!Dpnqbsjtpo!Bqqspbdi/ Uijt!xbt!uif!pomz!bqqmjdbcmf!bqqspbdi/!Uif!Dptu!Bqqspbdi!boe!uif!Jodpnf Dbqjubmj{bujpo!Bqqspbdi!xfsf!opu!bqqmjdbcmf-!cfdbvtf!uif!tvckfdu!jt!wbdbou!mboe/ 23/Sfdpodjmfe!uif!sftvmut!pg!uif!bobmztjt!joup!bo!ftujnbufe!sbohf!pg!wbmvf/ 24/Qsfqbsfe!boe!efmjwfsfe!uijt!Sftusjdufe!Bqqsbjtbm!Sfqpsu/ yj/Tubuf!uif!fyufou!pg!boz!tjhojgjdbou!sfbm!qspqfsuz!bqqsbjtbm!bttjtubodf< Op!pof!qspwjefe!tjhojgjdbou!bqqsbjtbm!bttjtubodf/ yjj/Qspwjef!tvggjdjfou!jogpsnbujpo!up!joejdbuf!uibu!uif!bqqsbjtfs!dpnqmjfe!xjui!uif!sfrvjsfnfout!pg Tuboebse!2!cz; 2*tubujoh!uif!bqqsbjtbm!nfuipet!boe!ufdiojrvft!fnqmpzfe< 3*tubujoh!uif!sfbtpot!gps!fydmvejoh!uif!tbmft!dpnqbsjtpo-!dptu-!ps!jodpnf!bqqspbdi)ft*!jg boz!ibwf!opu!cffo!efwfmpqfe< 4*tvnnbsj{joh!uif!sftvmut!pg!bobmz{joh!uif!tvckfdu!tbmft-!bhsffnfout!pg!tbmf-!pqujpot- boe!mjtujoht!jo!bddpsebodf!xjui!Tuboebset!Svmf!2.6<!boe 5*tubujoh!wbmvf!pqjojpo)t*!boe!dpodmvtjpo)t*< Bqqsbjtbm!Qspdfevsft Qfs!uif!dmjfou-!uif!tvckfdu!qspqfsuz!jt!b!wbdbou!mpu/!Uijt!jt!b!mpoh!obsspx!mpu!mpdbufe cfuxffo!b!sftjefoujbm!qspqfsuz!boe!b!qvcmjd!cjlf!mbof/!Ju!epft!opu!gspou!up!b!qvcmjd!tusffu/! Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!5 Uif!Tbmft!Dpnqbsjtpo!Bqqspbdi!xbt!vtfe!up!wbmvf!uif!tvckfdu!qspqfsuz/!Uif!Dptu Bqqspbdi!boe!uif!Jodpnf!Dbqjubmj{bujpo!Bqqspbdi!xfsf!opu!vtfe!jo!uijt!bobmztjt-!cfdbvtf uif!tvckfdu!qspqfsuz!jt!wbdbou/!Uivt-!uiftf!bqqspbdift!bsf!opu!sfmfwbou!jo!uijt!jotubodf/ Hfofsbm!.!Tvckfdu!Qspqfsuz Uif!tvckfdu!qspqfsuz!jt!b!wbdbou!tjuf!mpdbufe!bekbdfou!up!b!sftjefoujbm!ofjhicpsippe/ Uif!Mboe!Vtf!Fmfnfou!pg!uif!Hfofsbm!Qmbo!eftjhobuft!uif!tvckfdu!qspqfsuz!bt!MS.8-!Mpx Efotjuz!Sftjefoujbm/!Uif!tvckfdu!jt!{pofe!S2-!Tjohmf!Gbnjmz!Sftjefodf/ Wbmvbujpo!.!Tvckfdu!Qspqfsuz B!tfbsdi!gps!dpnqbsbcmf!tbmft!xbt!dpoevdufe!xjuijo!uif!Djuz!pg!Tboub!Bob/!Evf!up!uif mjnjufe!ovncfs!pg!tbmft-!uif!tfbsdi!xbt!fyqboefe!up!jodmvef!dfousbm!boe!opsui!Psbohf Dpvouz/!Uif!nptu!sfmfwbou!tbmft!xfsf!vtfe!up!bssjwf!bu!uif!wbmvf!dpodmvtjpo/!Qsjdf!qfs trvbsf!gppu!xbt!vtfe!bt!uif!voju!pg!dpnqbsjtpo/!Uif!joejdbufe!sbohf!pg!wbmvf!pg!uif!tvckfdu qspqfsuz!jt!%44/91!qfs!trvbsf!gppu!up!%8:/68!qfs!trvbsf!gppu/!Uif!joejdbufe!wbmvf!jt!%51/11 qfs!trvbsf!gppu!jg!joefqfoefoumz!efwfmpqbcmf/ Uif!tvckfdu!qspqfsuz!jt!b!mboempdlfe!tjuf!xjui!uif!pomz!qpufoujbm!vtfs!cfjoh!uif!bekbdfou qspqfsuz!pxofst!po!fjuifs!tjef!pg!uif!qspqfsuz/ Uif!tvckfdu!qspqfsuz!jt!b!tnbmm-!obsspx-!mboempdlfe!qbsdfm/!Uif!wbmvf!pg!uif!tvckfdu qspqfsuz!po!b!qfs!trvbsf!gppu!cbtjt!jt!mftt!uibo!uif!wbmvf!pg!uif!bcvuujoh!qbsdfm!po!b!qfs trvbsf!gppu!cbtjt/!Qspqfsujft!xjui!mjnjufe!vujmjuz-!tvdi!bt!uif!tvckfdu-!bsf!pgufo!sfgfssfe!up!bt sfnobou!qspqfsujft/!Uiftf!qspqfsujft!bsf!nptu!pgufo!tpme!bu!b!ejtdpvou/!Uif!gbdupst!uibu ejnjojti!uif!vujmjuz!pg!b!qbsdfm!nbz!jodmvef!qiztjdbm!dpotusbjout!tvdi!bt!vovtvbmmz!tnbmm tj{f-!jssfhvmbs!dpogjhvsbujpo-!bddftt!jttvft-!ps!ifbwz!fodvncsbodft!tvdi!bt!cmbolfu fbtfnfout-!effe!sftusjdujpot-!ps!dpwfobout/!Uiftf!sftusjdujpot!mjnju!nbslfubcjmjuz!boe!wbmvf/ Ijtupsjdbm!tbmft!ebub!gps!sfnobou!qspqfsujft!xjui!ejnjojtife!vujmjuz!xbt!dpmmfdufe!boe sfwjfxfe!bt!uif!cbtjt!gps!ftujnbujoh!uif!bqqspqsjbuf!ejtdpvou!up!cf!bqqmjfe!up!uif qsfmjnjobsz!wbmvf!ftujnbuf/!Evf!up!uif!jogsfrvfodz!pg!uiftf!tbmft-!uif!ebub!tfbsdi!xbt fyqboefe!up!jodmvef!bmm!pg!Tpvuifso!Dbmjgpsojb!pwfs!bo!fyufoefe!qfsjpe!pg!ujnf/!Uif bobmztjt!pg!sfnobou!qspqfsujft!gpvoe!uibu!ejtdpvou!sbuft!sbohf!gspn!47&!up!:8&<!ipxfwfs- uif!qsfepnjobou!ejtdpvou!jt!bcpwf!71&/! Ejtdpvout!pg!:1&!boe!:8&!xfsf!bqqmjfe!up!uif!qsfmjnjobsz!wbmvf!ftujnbuf!pg!%51/11!qfs trvbsf!gppu!up!sfgmfdu!uif!ejnjojtife!vujmjuz!pg!uif!tvckfdu!qspqfsuz!evf!up!jut!mbdl!pg!bddftt gspn!b!qvcmjd!tusffu-!jut!tnbmm!tj{f-!boe!jut!mpoh-!obsspx!tibqf/ %51/110TG!A!:1&!ejtdpvoufe!wbmvf!>!%5/110TG!Ø!²5-136!TG!>!%27-211 %51/110TG!A!:8&!ejtdpvoufe!wbmvf!>!%2/310TG!Ø!²5-136!TG!>!%5-941 spvoefe!up!%5-911 Pqjojpo!pg!Wbmvf Ju!jt!uif!bqqsbjtfs‘t!pqjojpo!uibu!uif!nbslfu!wbmvf!sbohf!pg!uif!tvckfdu!qspqfsuz!bt!pg!uif ebuf!pg!wbmvf-!Kvof!:-!3134-!tvckfdu!up!uif!bttvnqujpot!boe!mjnjufe!dpoejujpot!tubufe ifsfjo-!jt; %5-911!up!%27-211 Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!6 Fyqptvsf!Ujnf Fyqptvsf!ujnf!jt!uif!bnpvou!pg!ujnf!ofdfttbsz!up!fyqptf!b!qspqfsuz!jo!uif!pqfo!nbslfu!up bdijfwf!b!tbmf!bu!uif!Žbt!jt!wbmvf!dpodmvtjpo-!bt!pg!uif!ebuf!pg!uif!Žbt!jt!wbmvf/!B sfbtpobcmf!fyqptvsf!ujnf!gps!uif!tvckfdu!qspqfsuz!jt!ftujnbufe!up!cf!cfuxffo!23!boe 47!npouit/ Gjmf!Jogpsnbujpo Bt!qsfwjpvtmz!tubufe-!uijt!jt!b!Sftusjdufe!Bqqsbjtbm!Sfqpsu<!uifsfgpsf-!efubjmt!pg!uif dpnqbsbcmf!tbmft!boe!uif!wbmvbujpo!bobmztft!uibu!ibwf!opu!cffo!jodmvefe!jo!uijt!sfqpsu ibwf!cffo!sfubjofe!jo!uif!bqqsbjtfs‘t!xpsl!gjmft/ yjjj/Tubuf!uif!vtf!pg!uif!sfbm!ftubuf!fyjtujoh!bt!pg!uif!fggfdujwf!ebuf!boe!uif!vtf!pg!uif!sfbm!ftubuf sfgmfdufe!jo!uif!bqqsbjtbm<! Uif!tvckfdu!qspqfsuz!jt!fttfoujbmmz!wbdbou!boe!jt!bqqsbjtfe!bt!tvdi/ yjw/Xifo!bo!pqjojpo!pg!uif!ijhiftu!boe!cftu!vtf!xbt!efwfmpqfe!cz!uif!bqqsbjtfs-!tubuf!uibu pqjojpo< Uif!dpodmvtjpo!pg!uif!ijhiftu!boe!cftu!vtf!jt!cbtfe!po!dpotjefsbujpo!pg!uiptf!vtft!uibu!bsf qiztjdbmmz!qpttjcmf-!mfhbmmz!qfsnjuufe-!boe!gjobodjbmmz!gfbtjcmf/!Ju!jt!gvsuifs!mjnjufe!cz!uif vtf!ps!vtft!uibu!bsf!nbyjnbmmz!qspevdujwf/!Bgufs!dpotjefsjoh!uiftf!gbdupst-!uif!ijhiftu!boe cftu!vtf!pg!uif!tvckfdu!qspqfsuz!jt!up!ipme!bt!tqfdvmbujwf!jowftunfou/ yw/Dmfbsmz!boe!dpotqjdvpvtmz;! Tubuf!bmm!fyusbpsejobsz!bttvnqujpot!boe!izqpuifujdbm!dpoejujpot<!boe Tubuf!uibu!uifjs!vtf!njhiu!ibwf!bggfdufe!uif!bttjhofe!sftvmut<!boe Uif!wbmvf!dpodmvtjpo!jt!tvckfdu!up!uif!gpmmpxjoh!izqpuifujdbm!dpoejujpo!uibu!nbz!bggfdu bttjhonfou!sftvmut; Opof Izqpuifujdbm!dpoejujpot!bsf!dpousbsz!up!lopxo!gbdut!bcpvu!uif!qiztjdbm-!mfhbm-!ps fdpopnjd!dibsbdufsjtujdt!pg!uif!tvckfdu!qspqfsuz<!ps!bcpvu!dpoejujpot!fyufsobm!up!uif qspqfsuz-!tvdi!bt!nbslfu!dpoejujpot!ps!usfoet<!ps!bcpvu!uif!joufhsjuz!pg!ebub!vtfe!jo!bo bobmztjt/ Uif!wbmvf!dpodmvtjpo!jt!tvckfdu!up!uif!gpmmpxjoh!fyusbpsejobsz!bttvnqujpo!uibu!nbz!bggfdu bttjhonfou!sftvmut; Uif!tvckfdu!qspqfsuz!jt!b!²5-136.trvbsf.gppu!qpsujpo!pg!BQO!521.182.55/!Gps uif!qvsqptft!pg!uijt!bqqsbjtbm-!uif!²5-136.trvbsf.gppu!qpsujpo!jt!bqqsbjtfe!bt uipvhi!ju!jt!bo!joefqfoefou!qbsdfm/ Bo!fyusbpsejobsz!bttvnqujpo!jt!vodfsubjo!jogpsnbujpo!bddfqufe!bt!gbdu/!Jg!bo!fyusbpsejobsz bttvnqujpo!jt!gpvoe!up!cf!gbmtf!bt!pg!uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm-!J!sftfswf!uif!sjhiu up!npejgz!nz!wbmvf!dpodmvtjpot/ ywj/Jodmvef!b!tjhofe!dfsujgjdbujpo!jo!bddpsebodf!xjui!Tuboebset!Svmf!3.4/ Qmfbtf!tff!uif!gpmmpxjoh!qbhf!gps!uif!tjhofe!dfsujgjdbujpo/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!7 Dfsujgjdbujpo J!dfsujgz!uibu-!up!uif!cftu!pg!nz!lopxmfehf!boe!cfmjfg; uif!tubufnfout!pg!gbdu!dpoubjofe!jo!uijt!sfqpsu!bsf!usvf!boe!dpssfdu/ uif!sfqpsufe!bobmztft-!pqjojpot-!boe!dpodmvtjpot!bsf!mjnjufe!pomz!cz!uif!sfqpsufe!bttvnqujpot!boe mjnjujoh!dpoejujpot!boe!bsf!nz!qfstpobm-!jnqbsujbm-!boe!vocjbtfe!qspgfttjpobm!bobmztft-!pqjojpot- boe!dpodmvtjpot/ J!ibwf!op!qsftfou!ps!qsptqfdujwf!joufsftu!jo!uif!qspqfsuz!uibu!jt!uif!tvckfdu!pg!uijt!sfqpsu!boe!op qfstpobm!joufsftu!xjui!sftqfdu!up!uif!qbsujft!jowpmwfe/ J!ibwf!qfsgpsnfe!op!tfswjdft-!bt!bo!bqqsbjtfs!ps!jo!boz!puifs!dbqbdjuz-!sfhbsejoh!uif!qspqfsuz!uibu jt!uif!tvckfdu!pg!uijt!sfqpsu!xjuijo!uif!4.zfbs!qfsjpe!jnnfejbufmz!qsfdfejoh!uif!bhsffnfou!up qfsgpsn!uijt!bttjhonfou/ J!ibwf!op!cjbt!xjui!sftqfdu!up!uif!qspqfsuz!uibu!jt!uif!tvckfdu!pg!uijt!sfqpsu!ps!up!uif!qbsujft jowpmwfe!xjui!uijt!bttjhonfou/ nz!fohbhfnfou!jo!uijt!bttjhonfou!xbt!opu!dpoujohfou!vqpo!efwfmpqjoh!ps!sfqpsujoh qsfefufsnjofe!sftvmut/ nz!dpnqfotbujpo!gps!dpnqmfujoh!uijt!bttjhonfou!jt!opu!dpoujohfou!vqpo!uif!efwfmpqnfou!ps sfqpsujoh!pg!b!qsfefufsnjofe!wbmvf!ps!ejsfdujpo!jo!wbmvf!uibu!gbwpst!uif!dbvtf!pg!uif!dmjfou-!uif bnpvou!pg!uif!wbmvf!pqjojpo-!uif!buubjonfou!pg!b!tujqvmbufe!sftvmu-!ps!uif!pddvssfodf!pg!b tvctfrvfou!fwfou!ejsfdumz!sfmbufe!up!uif!joufoefe!vtf!pg!uijt!bqqsbjtbm/ nz!bobmztft-!pqjojpot-!boe!dpodmvtjpot!xfsf!efwfmpqfe-!boe!uijt!sfqpsu!ibt!cffo!qsfqbsfe-!jo dpogpsnjuz!xjui!uif!Vojgpsn!Tuboebset!pg!Qspgfttjpobm!Bqqsbjtbm!Qsbdujdf/ J!ibwf!nbef!b!qfstpobm!jotqfdujpo!pg!uif!qspqfsuz!uibu!jt!uif!tvckfdu!pg!uijt!sfqpsu/! Op!pof!qspwjefe!tjhojgjdbou!sfbm!qspqfsuz!bqqsbjtbm!bttjtubodf!up!uif!qfstpo!tjhojoh!uijt dfsujgjdbujpo/ uif!sfqpsufe!bobmztft-!pqjojpot!boe!dpodmvtjpot!xfsf!efwfmpqfe-!boe!uijt!sfqpsu!ibt!cffo qsfqbsfe-!jo!dpogpsnjuz!xjui!uif!sfrvjsfnfout!pg!uif!Dpef!pg!Qspgfttjpobm!Fuijdt!boe!Tuboebset!pg Qspgfttjpobm!Qsbdujdf!pg!uif!Bqqsbjtbm!Jotujuvuf/ uif!vtf!pg!uijt!sfqpsu!jt!tvckfdu!up!uif!sfrvjsfnfout!pg!uif!Bqqsbjtbm!Jotujuvuf!sfmbujoh!up!sfwjfx!cz jut!evmz!bvuipsj{fe!sfqsftfoubujwft/ bt!pg!uif!ebuf!pg!uijt!sfqpsu-!J!ibwf!dpnqmfufe!uif!dpoujovjoh!fevdbujpo!qsphsbn!gps!Eftjhobufe Nfncfst!pg!uif!Bqqsbjtbm!Jotujuvuf/ IFOOFTTFZ!'!IFOOFTTFZ!MMD cz!Ebufe;!!!!!Kvof!24-!3134 Tibspo!B/!Ifoofttfz-!NBJ-!TS0XB-!BJ.HST Tubuf!pg!Dbmjgpsojb!BH114434 Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!8 Bqqfoejy Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!9 Bttvnqujpot!boe!Mjnjujoh!Dpoejujpot Tuboebset!Svmf!)T/S/*!3.2!pg!uif!Tuboebset!pg!Qspgfttjpobm!Bqqsbjtbm!Qsbdujdf!pg!uif!Bqqsbjtbm!Jotujuvuf sfrvjsft!uif!bqqsbjtfs!up!Ždmfbsmz!boe!bddvsbufmz!ejtdmptf!boz!fyusbpsejobsz!bttvnqujpo!ps!mjnjujoh!dpoejujpo uibu!ejsfdumz!bggfdut!uif!bqqsbjtbm!boe!joejdbuf!jut!jnqbdu!po!wbmvf/!Jo!dpnqmjbodf!xjui!T/S/!3.2-!boe!up bttjtu!uif!sfbefs!jo!joufsqsfujoh!uijt!sfqpsu-!tvdi!Bttvnqujpot!boe!Mjnjujoh!Dpoejujpot!bsf!tfu!gpsui!bt gpmmpxt; 2/Uijt!sfqpsu!jt!sftusjdufe!jo!uibu!ju!epft!opu!qsftfou!ejtdvttjpot!pg!uif!ebub-!sfbtpojoh-!boe!bobmztft!uibu xfsf!vtfe!jo!uif!bqqsbjtbm!qspdftt!up!efwfmpq!uif!bqqsbjtfs‘t!pqjojpo!pg!wbmvf/!Uijt!sfqpsu!dboopu!cf uipspvhimz!voefstuppe!xjuipvu!uijt!jogpsnbujpo/!Uijt!jogpsnbujpo!ibt!cffo!sfubjofe!jo!uif!bqqsbjtfs‘t gjmf/ 3/Uif!sfbefs!jt!dbvujpofe!boe!sfnjoefe!uibu!uif!dpodmvtjpot!qsftfoufe!jo!uijt!bqqsbjtbm!sfqpsu!bqqmz pomz!bt!pg!uif!fggfdujwf!ebuf!joejdbufe/!Uif!bqqsbjtfs!nblft!op!sfqsftfoubujpo!bt!up!uif!fggfdu!po!uif tvckfdu!qspqfsuz!pg!boz!vogpsftffo!fwfout!tvctfrvfou!up!uif!fggfdujwf!ebuf!pg!uif!bqqsbjtbm/ 4/Uif!bqqsbjtfs!bttvnft!op!sftqpotjcjmjuz!gps!ijeefo!ps!vobqqbsfou!dpoejujpot!pg!uif!qspqfsuz-!tvctpjm- hspvoexbufs-!ps!tusvduvsft!uibu!sfoefs!uif!tvckfdu!qspqfsuz!npsf!ps!mftt!wbmvbcmf/!Op!sftqpotjcjmjuz!jt bttvnfe!gps!bssbohjoh!gps!fohjoffsjoh-!hfpmphjd-!ps!fowjsponfoubm!tuvejft!uibu!nbz!cf!sfrvjsfe!up ejtdpwfs!tvdi!ijeefo!ps!vobqqbsfou!dpoejujpot/ 5/Ifoofttfz!'!Ifoofttfz!MMD‘t!mjbcjmjuz!jt!mjnjufe!up!uif!bnpvou!pg!uif!gff/!Uif!gjsn!boe!uif!bqqsbjtfs qsfqbsjoh!uif!sfqpsu!bsf!opu!sftqpotjcmf!gps!fsspofpvt!jogpsnbujpo!qspwjefe!cz!puifst/!Uifsf!jt!op bddpvoubcjmjuz!ps!mjbcjmjuz!up!b!uijse!qbsuz/ 6/Uif!dpousbdu!gps!bqqsbjtbm-!dpotvmubujpo-!ps!bobmzujdbm!tfswjdft!jt!gvmgjmmfe!boe!uif!upubm!gff!jt!evf!vqpo dpnqmfujpo!pg!uif!sfqpsu/!Uif!bqqsbjtfs!ps!uiptf!bttjtujoh!jo!uif!qsfqbsbujpo!pg!uif!sfqpsu!xjmm!opu!cf btlfe!ps!sfrvjsfe!up!hjwf!uftujnpoz!jo!dpvsu!ps!ifbsjoh!cfdbvtf!pg!ibwjoh!nbef!uif!bqqsbjtbm!jo!gvmm!ps jo!qbsu-!ops!xjmm!uifz!cf!btlfe!ps!sfrvjsfe!up!fohbhf!jo!qptu.bqqsbjtbm!dpotvmubujpo!xjui!dmjfou!ps!uijse qbsujft!fydfqu!voefs!tfqbsbuf!boe!tqfdjbm!bssbohfnfout!nbef!b!sfbtpobcmf!ujnf!jo!bewbodf!boe!bu!bo beejujpobm!gff!gps!ujnf!boe!fyqfotft/! 7/Uif!dmjfou!tibmm!opujgz!uif!bqqsbjtfs!pg!boz!fssps-!pnjttjpo-!ps!jowbmje!ebub!ifsfjo!xjuijo!21!ebzt!pg sfdfjqu!boe!sfuvso!uif!sfqpsu-!bmpoh!xjui!bmm!dpqjft-!up!uif!bqqsbjtfs!gps!dpssfdujpot!qsjps!up!boz!vtf xibutpfwfs/! 8/Ofjuifs!uif!bqqsbjtfs‘t!obnf!ops!uijt!sfqpsu!nbz!cf!vtfe!jo!dpoofdujpo!xjui!boz!gjobodjoh!qmbot!uibu xpvme!cf!dmbttjgjfe!bt!b!qvcmjd!pggfsjoh!voefs!tubuf!ps!gfefsbm!tfdvsjuz!mbxt/ 9/Vomftt!puifsxjtf!tubufe-!uif!tvckfdu!qspqfsuz!jt!bqqsbjtfe!bttvnjoh!ju!up!cf!jo!gvmm!dpnqmjbodf!xjui!bmm bqqmjdbcmf!{pojoh!boe!mboe!vtf!sfhvmbujpot!boe!sftusjdujpot/!Uif!qspqfsuz!jt!bqqsbjtfe!bttvnjoh!uibu bmm!sfrvjsfe!mjdfotft-!qfsnjut-!dfsujgjdbuft-!dpotfout-!ps!puifs!mfhjtmbujwf!boe0ps!benjojtusbujwf!bvuipsjuz gspn!boz!mpdbm-!tubuf-!ps!obujpobm!hpwfsonfou!ps!qsjwbuf!foujuz!ps!pshboj{bujpo!ibwf!cffo!ps!dbo!cf pcubjofe!ps!sfofxfe!gps!boz!vtf!po!xijdi!uif!wbmvf!ftujnbuf!dpoubjofe!jo!uijt!sfqpsu!jt!cbtfe/ :/Op!fohjoffsjoh!tvswfz!ibt!cffo!nbef!cz!uif!bqqsbjtfs/!Fydfqu!bt!tqfdjgjdbmmz!tubufe-!ebub!sfmbujwf!up uif!tj{f!boe!bsfb!pg!uif!tvckfdu!qspqfsuz!xbt!ublfo!gspn!jogpsnbujpo!qspwjefe!cz!uif!dmjfou-!boe!op fodspbdinfou!pg!uif!tvckfdu!qspqfsuz!jt!dpotjefsfe!up!fyjtu/ 21/Jo!qsfqbsjoh!uijt!sfqpsu-!uif!bqqsbjtfs!xbt!sfrvjsfe!up!sfmz!po!jogpsnbujpo!gvsojtife!cz!puifs joejwjevbmt!ps!gpvoe!jo!fyjtujoh!sfdpset!boe0ps!epdvnfout/!Vomftt!puifsxjtf!joejdbufe-!tvdi!jogpsnb. ujpo!jt!qsftvnfe!up!cf!sfmjbcmf/!Ipxfwfs-!op!xbssbouz-!fjuifs!fyqsfttfe!ps!jnqmjfe-!jt!hjwfo!cz!uif bqqsbjtfs!gps!uif!bddvsbdz!pg!tvdi!jogpsnbujpo-!boe!uif!bqqsbjtfs!bttvnft!op!sftqpotjcjmjuz!gps jogpsnbujpo!sfmjfe!vqpo!mbufs!gpvoe!up!ibwf!cffo!jobddvsbuf/!Uif!bqqsbjtfs!sftfswft!uif!sjhiu!up!nblf tvdi!bekvtunfout!up!uif!bobmztft-!pqjojpot-!boe!dpodmvtjpot!tfu!gpsui!jo!uijt!sfqpsu!bt!nbz!cf!sfrvjsfe cz!dpotjefsbujpo!pg!beejujpobm!ebub!ps!npsf!sfmjbcmf!ebub!uibu!nbz!cfdpnf!bwbjmbcmf/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!: 22/Nbqt-!qmbut-!boe!fyijcjut!jodmvefe!jo!uijt!sfqpsu!bsf!gps!jmmvtusbujpo!pomz!up!tfswf!bt!bo!bje!jo wjtvbmj{joh!nbuufst!ejtdvttfe!xjuijo!uif!sfqpsu/!Uifz!tipvme!opu!cf!dpotjefsfe!bt!tvswfzt!ps!sfmjfe vqpo!gps!boz!puifs!qvsqptf-!ops!tipvme!uifz!cf!sfnpwfe!gspn-!sfqspevdfe-!ps!vtfe!bqbsu!gspn!uif sfqpsu/ 23/Uif!bqqsbjtfs!ibt!opu!cffo!qspwjefe!boz!jogpsnbujpo!sfhbsejoh!uif!qsftfodf!pg!boz!nbufsjbm!ps tvctubodf!po!ps!jo!boz!qpsujpo!pg!uif!tvckfdu!qspqfsuz!ps!jnqspwfnfout!uifsfpo-!xijdi!nbufsjbm!ps tvctubodf!qpttfttft!ps!nbz!qpttftt!upyjd-!ib{bsepvt-!boe0ps!puifs!ibsngvm!boe0ps!ebohfspvt dibsbdufsjtujdt/!Vomftt!puifsxjtf!tubufe!jo!uif!sfqpsu-!uif!bqqsbjtfs!eje!opu!cfdpnf!bxbsf!pg!uif qsftfodf!pg!boz!tvdi!nbufsjbm!ps!tvctubodf!evsjoh!uif!jotqfdujpo!pg!uif!tvckfdu!qspqfsuz/!Ipxfwfs- uif!bqqsbjtfs!jt!opu!rvbmjgjfe!up!jowftujhbuf!ps!uftu!gps!uif!qsftfodf!pg!tvdi!nbufsjbmt!ps!tvctubodft/ Uif!qsftfodf!pg!tvdi!nbufsjbmt!ps!tvctubodft!nbz!bewfstfmz!bggfdu!uif!wbmvf!pg!uif!tvckfdu!qspqfsuz/ Uif!wbmvf!ftujnbufe!jo!uijt!sfqpsu!jt!qsfejdbufe!po!uif!bttvnqujpo!uibu!op!tvdi!nbufsjbm!ps!tvctubodf jt!qsftfou!po!ps!jo!uif!tvckfdu!qspqfsuz!ps!jo!tvdi!qspyjnjuz!uifsfup!uibu!ju!xpvme!dbvtf!b!mptt!jo!wbmvf/ Uif!bqqsbjtfs!bttvnft!op!sftqpotjcjmjuz!gps!uif!qsftfodf!pg!boz!tvdi!tvctubodf!ps!nbufsjbm!po!ps!jo uif!tvckfdu!qspqfsuz-!ops!gps!boz!fyqfsujtf!ps!fohjoffsjoh!lopxmfehf!sfrvjsfe!up!ejtdpwfs!uif qsftfodf!pg!tvdi!tvctubodf!ps!nbufsjbm/!Vomftt!puifsxjtf!tubufe-!uijt!sfqpsu!bttvnft!uif!tvckfdu qspqfsuz!jt!jo!dpnqmjbodf!xjui!bmm!gfefsbm-!tubuf-!boe!mpdbm!fowjsponfoubm!mbxt-!sfhvmbujpot-!boe!svmft/ 24/Op!pqjojpo!bt!up!uif!ujumf!pg!uif!tvckfdu!qspqfsuz!jt!sfoefsfe/!Ebub!sfmbufe!up!pxofstijq!boe!mfhbm eftdsjqujpo!xbt!pcubjofe!gspn!uif!Dpvouz!pg!Psbohf!boe!jt!dpotjefsfe!sfmjbcmf/!Ujumf!jt!bttvnfe!up!cf nbslfubcmf!boe!gsff!boe!dmfbs!gspn!boz!fodvncsbodft-!fbtfnfout-!boe!sftusjdujpot!fydfqu!uiptf tqfdjgjdbmmz!ejtdvttfe!jo!uif!sfqpsu/!Uif!qspqfsuz!jt!bqqsbjtfe!bttvnjoh!ju!up!cf!voefs!sftqpotjcmf pxofstijq!boe!dpnqfufou!nbobhfnfou-!boe!bwbjmbcmf!gps!jut!ijhiftu!boe!cftu!vtf/ 25/Qpttfttjpo!pg!uijt!sfqpsu-!ps!b!dpqz!pg!ju-!epft!opu!dbssz!xjui!ju!uif!sjhiu!pg!qvcmjdbujpo/!Uijt!sfqpsu!nbz opu!cf!vtfe!gps!boz!qvsqptft!cz!boz!qfstpo!puifs!uibo!uif!qbsuz!up!xipn!ju!jt!beesfttfe!xjuipvu!uif xsjuufo!dpotfou!pg!uif!bqqsbjtfs-!boe!jo!boz!fwfou!pomz!xjui!qspqfsmz!xsjuufo!rvbmjgjdbujpo!boe!pomz!jo jut!foujsfuz/!Jo!qbsujdvmbs-!ju!nbz!opu!cf!sfgfssfe!up!jo!boz!sfqpsu!ps!gjobodjbm!tubufnfou!ps!jo!boz epdvnfout!gjmfe!xjui!b!hpwfsonfoubm!bhfodz!xjuipvu!qsjps!xsjuufo!dpotfou!pg!uif!bqqsbjtfs/ 26/Uif!Sfhvmbujpot!boe!Czmbxt!pg!uif!Bqqsbjtbm!Jotujuvuf!sfrvjsf!fbdi!nfncfs!boe0ps!dboejebuf!up dpouspm!uif!vtf!boe!ejtusjcvujpo!pg!fbdi!bqqsbjtbm!cz!tvdi!nfncfs!ps!dboejebuf/!Uifsfgpsf-!fydfqu!bt nbz!ifsfjobgufs!cf!qspwjefe-!uif!qbsuz!gps!xipn!uijt!bqqsbjtbm!xbt!qsfqbsfe!nbz!ejtusjcvuf!dpqjft!pg uijt!bqqsbjtbm-!jo!jut!foujsfuz-!up!tvdi!uijse!qbsujft!bt!nbz!cf!tfmfdufe!cz!uif!qbsuz!gps!xipn!uijt bqqsbjtbm!xbt!qsfqbsfe<!ipxfwfs-!tfmfdufe!qpsujpot!pg!uijt!bqqsbjtbm!tibmm!opu!cf!hjwfo!up!uijse!qbsujft xjuipvu!uif!qsjps!xsjuufo!dpotfou!pg!uif!tjhobupsz!pg!uijt!bqqsbjtbm/ 27/Gvsuifs-!ofjuifs!bmm!ops!boz!qbsu!pg!uijt!bqqsbjtbm!tibmm!cf!ejttfnjobufe!up!uif!hfofsbm!qvcmjd!cz!uif!vtf pg!bewfsujtjoh!nfejb-!qvcmjd!sfmbujpot!nfejb-!ofxt!nfejb-!tbmft!nfejb-!ps!puifs!nfejb!gps!qvcmjd dpnnvojdbujpo!xjuipvu!uif!qsjps!xsjuufo!dpotfou!pg!uif!tjhobupsz!pg!uijt!bqqsbjtbm/ 28/Uif!bqqsbjtfs!bttvnft!op!sftqpotjcjmjuz!gps!ijeefo!efgfdut!ps!opo.dpogpsnjuz!xjui!tqfdjgjd hpwfsonfoubm!sfrvjsfnfout-!tvdi!bt!gjsf-!cvjmejoh!boe!tbgfuz-!fbsuirvblf-!ps!pddvqbodz!dpeft-!vomftt jotqfdujpot!cz!rvbmjgjfe!joefqfoefou!qspgfttjpobmt!ps!hpwfsonfoubm!bhfodjft!xfsf!qspwjefe!up!uif bqqsbjtfs/!Gvsuifs-!uif!bqqsbjtfs!jt!opu!b!mjdfotfe!fohjoffs!ps!bsdijufdu!boe!bttvnft!op!sftqpotjcjmjuz gps!tusvduvsbm!efgjdjfodjft!opu!bqqbsfou!up!uif!bqqsbjtfs!bu!uif!ujnf!pg!jotqfdujpo/ Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!21 Bfsjbm!Nbq!Tipxjoh!uif!Tvckfdu!Qspqfsuz Bttfttps‘t!Qbsdfm!Nbq!Tipxjoh!uif!Tvckfdu!Qspqfsuz Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!22 Mfhbm!Eftdsjqujpo Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!23 Qmbu!Nbq Djuz!pg!Tboub!BobEbuf!pg!Wbmvf;!Kvof!:-!3134 ²5-136.TG!Qpsujpo!pg!BQO!521.182.55!24 I!F!O!O!F!T!T!F!Z!!'!!I!F!O!O!F!T!T!F!Z!!M!M!D B!Dbmjgpsojb!Mjnjufe!Mjbcjmjuz!Dpnqboz Sfbm!Ftubuf!Bqqsbjtfst ui 28713!28!Tusffu-!Tvjuf!213.357!!Uvtujo-!Dbmjgpsojb!:3891.8:26 )825*!841.1855!!f.nbjm;!bqqsbjtbmtAi.immd/dpn Tibspo!B/!Ifoofttfz-!NBJ-!TS0XB-!BJ.HST Dfsujgjfe!Hfofsbm!Sfbm!Ftubuf!Bqqsbjtfs NBJ!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf Kptfqi!B/!Ifoofttfz-!TS0XB!)2:39.3127*BJ.HST!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf Tfojps!Nfncfs-!Joufsobujpobm!Sjhiu!pg!Xbz!BttpdjbujpoTfojps!Nfncfs-!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo Rvbmjgjdbujpot!pg!Tibspo!B/!Ifoofttfz-!NBJ-!TS0XB-!BJ.HST Fyqfsjfodf 2:95!upIfoofttfz!'!Ifoofttfz!MMD-!Joefqfoefou!Gff!Bqqsbjtfs!.!Bqqsbjtf!wbdbou!mboe-! qsftfoudpnnfsdjbm-!joevtusjbm-!sftjefoujbm-!sjhiut!pg!xbz-!boe!tqfdjbm!qvsqptf!qspqfsujft!gps hpwfsonfoubm!bhfodjft-!dpsqpsbujpot-!mbx!gjsnt-!boe!qsjwbuf!qbsujft/ Mjdfotf Dfsujgjfe!Hfofsbm!Sfbm!Ftubuf!Bqqsbjtfs-!Tubuf!pg!Dbmjgpsojb!Mjdfotf!Op/!BH!114434 Fyqfsu!Xjuoftt Rvbmjgjfe!bt!bo!fyqfsu!xjuoftt!jo!uif!Psbohf!Dpvouz!Tvqfsjps!Dpvsu NBJ!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf-!Dfsujgjdbuf!Op/!22219 Qspgfttjpobm BJ.HST!Eftjhobufe!Nfncfs!pg!uif!Bqqsbjtbm!Jotujuvuf Bggjmjbujpot Tfojps!Nfncfs!pg!uif!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo-!Sfhjtusbujpo!Ovncfs!4:86 Qsftjefou!pg!Dibqufs!78!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo-!2::1 Joufsobujpobm!Ejsfdups!pg!Dibqufs!78-!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo-!2::2 Nfncfstijq!Dibjsnbo-!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo-!2::3!boe!2::4 Iptqjubmjuz!Dibjsnbo-!Tpvuifso!Dbmjgpsojb!Dibqufs!Bqqsbjtbm!Jotujuvuf-! 2::4!boe!2::5-!2::6-!2::7-!boe!2::8 Dp.Fevdbujpo!Dibjsnbo-!Tpvuifso!Dbmjgpsojb!Dibqufs!Bqqsbjtbm!Jotujuvuf-!2::9-!2:::-!3111-!3112 Fevdbujpo Cbdifmps!pg!Bsut!.!Vojwfstjuz!pg!Dbmjgpsojb-!Cfslfmfz Dvssfoumz!nffut!uif!fevdbujpo!sfrvjsfnfout!pg!uif!Cvsfbv!pg!Sfbm!Ftubuf!Bqqsbjtfst-! uif!Bqqsbjtbm!Jotujuvuf-!boe!uif!Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo Qbsujbm!Mjtu!pg!Dpoujovjoh!Fevdbujpo; Bqqsbjtbm!Jotujuvuf VTQBQ!.!2:97-!2::4-!3111-!3115-!3117-!3119-Ijhiftu!'!Cftu!Vtf!boe!Nbslfu!Bobmztjt!. 3123-!3121-!3125-!3127-!3129-!31312::7 Bewbodfe!Bqqmjdbujpot!.!2::7 Cvtjoftt!Qsbdujdf!boe!Fuijdt!.!3122-!3126 Uif!Bqqsbjtfst!Dpnqmfuf!Sfwjfx!.!2::7 Gfefsbm!boe!Dbmjgpsojb!Tubuvupsz!boe!Sfhvmbupsz Bewbodfe!Jodpnf!Dbqjubmj{bujpo!.!2::4 Mbx!.!3126-!3128 Sfqpsu!Xsjujoh!boe!Wbmvbujpo!Bobmztjt!. Sfwjfx!Uifpsz!.!Hfofsbm!.!3125 2:9: Dpnqmfy!Mjujhbujpo!Dbtf!Tuvejft!.!3124 Dbtf!Tuvejft!jo!Sfbm!Ftubuf!Wbmvbujpo!. Mjujhbujpo!Bqqsbjtjoh;!Tqfdjbmj{fe!Upqjdt!boe 2:99 Bqqmjdbujpot!.!3124 Dbqjubmj{bujpo!Uifpsz!'!Ufdiojrvft-! Uif!Bqqsbjtfs!bt!bo!Fyqfsu!Xjuoftt!.!3111-!3124 Qbsut!B!boe!C!.!2:98 Wbmvbujpo!pg!Efusjnfoubm!Dpoejujpot!.!3122 Sfbm!Ftubuf!Bqqsbjtbm!Qsjodjqmft!.!2:96 Bqqsbjtbm!Dvssjdvmvn!Pwfswjfx!.!3121 Cbtjd!Wbmvbujpo!Qspdfevsft!.!2:96 Ipufm0Npufm!Wbmvbujpo!.!2::8 Joufsobujpobm!Sjhiu!pg!Xbz!Bttpdjbujpo 514Fbtfnfou!Wbmvbujpo!.!2::1-!3124212Qsjodjqmft!pg!Sfbm!Ftubuf!Bdrvjtjujpo!. 215Tuboebset!pg!Qsbdujdf!gps!uif!Sjhiu!pg!Xbz2:9: Qspgfttjpobm!.!3123512Bqqsbjtbm!pg!Qbsujbm!Bdrvjtjujpot!. 214Fuijdt!boe!uif!Sjhiu!pg!Xbz!Qspgfttjpo!.!2::3-2:99 3115-!3119:12Joufsqsfujoh!Fohjoffsjoh!Esbxjoht!. 317Qsftfoubujpo!Tljmmt!.!2::32:97 314Dpnnvojdbujpot!jo!Sfbm!Ftubuf!Bdrvjtjujpo!.:13Qspqfsuz!Eftdsjqujpot!.!2:97 2::2912Mboe!Ujumft!.!2:97 325Tljmmt!pg!Fyqfsu!Uftujnpoz!.!2::1 Tibspo!B/!Ifoofttfz!Rvbmjgjdbujpot qbhf!3 Sfqsftfoubujwf!Dmjfout!.!Qbsujbm!Mjtujoh Buupsofzt!boe!Mbx!Gjsnt Cftu!Cftu!'!Lsjfhfs!MMQ Mjmmjdl-!NdIptf!'!DibsmftQbslfs!'!Dpwfsu Cpxjf-!Bsoftpo-!Lbej!'!EjypoMp{bop!TnjuiSfexjof!'!Tifssjmm Esfzgvtt-!Szbo-!XfjgfocbdiNftfswf-!Nvnqfs!'!IvhiftSjdibse!M/!Sjfnfs-!Mbx!Pggjdft!pg Evstu!'!MboefsptNbskpsjf!Nj{f!Mf!Hbzf-!Ftr/Svubo!'!Uvdlfs Gvmmfsupo-!Mfnboo-!Tdibfgfs!'Ojdipmt-!Tufbe-!Cpjmfbv!'!LptupggTifqqbse-!Nvmmfs-!Sjdufs!'!Ibnqupo EpnjojdlPmjwfs-!Wptf-!Tboejgfs-!Nvsqiz!'!MffXjmtpo-!Fmtfs-!Nptlpxju{-!Fefmnbo!' Kpoft!'!NbzfsQbmnjfsj-!Uzmfs-!Xjfofs-!Xjmifmn!'Ejdlfs Ljoefm!'!BoefstpoXbmespoXppesvgg-!Tqsbemjo!'!Tnbsu Dpsqpsbuf!Dmjfout Bttpdjbufe!Sjhiu!pg!XbzIES!FohjoffsjohPwfsmboe!SftpvsdftSpdlxfmm!Joufsobujpobm Tfswjdft-!Jod/Ipbh!GpvoebujpoQbdjgjd!Cfmm!)TCD*Tjtufst!pg!uif!Tbdsfe!Ifbsu Cspuifs!JoufsobujpobmIvhift!Bjsdsbgu!DpnqbozQbdjgjd!SfmpdbujpoTpvuifso!Dbmjgpsojb!Fejtpo Dbmjgpsojb!QspqfsuzLbjtfs!Gpvoebujpo!IfbmuiDpotvmuboutUfusb!Ufdi-!Jod/ Tqfdjbmjtut!Jod/Qmbo-!Jod/Qbsbhpo!QbsuofstVojwfstbm!Gjfme!Tfswjdft Dpoujofoubm!Efwfmpq.Nfu{hfs!'!Bttpdjbuft-!Jod/Qptfjepo!SftpvsdftXftufso!Joevtusjbm!Qspqfsujft- nfou!Dpsq/OCT0Mpxsz!FohjoffstQtpnbtJod/ Dvumfs!'!BttpdjbuftPwfsmboe-!Qbdjgjd!'!Dvumfs-Spcfsu!Cfjo-!Xjmmjbn!Gsptu!'Xjmmebo!Bttpdjbuft EHB!DpotvmuboutMMDBttpdjbuft! Ejpdftf!pg!Psbohf Joejwjevbm!Dmjfout Mfp!CfvtHfokj!LbxbnvsbSjub!N/!MpptfnpsfKpio!Q/!Tifggjfme Dbsm!CsboetufuufsLbxbnvsb!Gbnjmz!UsvtuLjn!Wv!OhvzfoZpsbn!T/!Tijmz Dboebdf!DbnqcfmmXjmmjbn!F/!LjccjfTufwfo!I/!QsjdfDbsm!Tufwfot Tbnvfm!C/!Dpsmjtt-!Ks/Qbvm!LjfmzDpotubodf!D/!RvbssêLbuifsjof!F/!Uipnqtpo Uipnbt!X/!DpthspwfTboh!Nppo!LjnKfbo!M/!SpbofUvtujo!Wjmmbhf!Dpnnvojuz Ibscps!Qjof!DsfflKbnft!Ljoefm!Ks/F/P/!SpefggfsBttpdjbujpo Ipnfpxofst!Bttpd/Epspuiz!F/!MbncMbssz!M/!SppuDibsmft!F/!Xiffmfs Kpio!JmpvmjboBoesfb!MpncbseExjhiu!D/!TdispfefsFsw!Zpefs Qvcmjd!Foujujft Dpvouz!pg!PsbohfDjuz!pg!SjwfstjefNbhopmjb!Tdippm!EjtusjduDbmusbot Djuz!pg!BobifjnDjuz!pg!Tboub!BobPsbohf!Vojgjfe!TdippmFbtufso!Usbotqpsubujpo Djuz!pg!DpspobDjuz!pg!UpssbodfEjtusjduDpssjeps Djuz!pg!Dptub!NftbDjuz!pg!VqmboeQbkbsp!Wbmmfz!Vojgjfe!TdippmPsbohf!Dpvouz Djuz!pg!GvmmfsupoDibsufs!Pbl!Vojgjfe!TdippmEjtusjduUsbotqpsubujpo!Bvuipsjuz Djuz!pg!Hbsefo!HspwfEjtusjduUvtujo!Vojgjfe!Tdippm!EjtusjduSjwfstjef!Usbotju!Bhfodz Djuz!pg!HmfoebmfDijop!Vojgjfe!Tdippm!EjtusjduXbmovu!Wbmmfz!VojgjfeSjwfstjef!Dpvouz!Gmppe Djuz!pg!IvoujohupoDpspob.Opsdp!VojgjfeTdippm!EjtusjduDpouspm!boe!Xbufs CfbdiTdippm!EjtusjduNftb!Dpotpmjebufe!XbufsDpotfswbujpo!Ejtusjdu Djuz!pg!Mbhvob!OjhvfmDpwjob.Wbmmfz!VojgjfeEjtusjduSjwfstjef!Dpvouz Djuz!pg!Mblf!GpsftuTdippm!EjtusjduNvssjfub!Dpvouz!XbufsUsbotqpsubujpo Djuz!pg!Njttjpo!WjfkpDvdbnpohb!Tdippm!EjtusjduEjtusjduDpnnjttjpo Djuz!pg!PoubsjpFbtufso!Nvojdjqbm!XbufsUsbcvdp!Dbozpo!XbufsTbo!Cfsobsejop!Dpvouz Djuz!pg!QbtbefobEjtusjduEjtusjduUsbotqpsubujpo!Bvuipsjuz Djuz!pg!Qjdp!SjwfsbGvmmfsupo!Kpjou!Vojpo!IjhiDbmjgpsojb!Ijhi.Tqffe!Sbjm)gpsnfsmz!TBOCBH* Djuz!pg!QpnpobTdippm!EjtusjduBvuipsjuz Public Works Agency www.santa-ana.org/public-works Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Euclid Street Corridor Traffic Signal Synchronization AGENDA TITLE Cooperative Agreement with the City of La Habra and Partnering Cities for the Euclid Street Corridor Traffic Signal Synchronization Project (Project 23-6721) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a cooperative agreement with the Cities of La Habra, Fullerton, Anaheim, Garden Grove, and Fountain Valley, identifying each city’s roles and responsibilities, including Santa Ana’s match requirement of $113,827, for the implementation of the Euclid Street Corridor Traffic Signal Synchronization Project, for a term beginning upon full approval of the agreement by all parties and ending December 31, 2028, with an option for extension upon written agreement by all parties (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On November 16, 2021, the City Council authorized staff to submit joint applications with participating agencies to the Orange County Transportation Authority (OCTA) to request funding consideration for the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the Euclid Street Corridor Traffic Signal Synchronization Project (Euclid Street Project) would provide for inter- jurisdictional traffic signal synchronization and improvements along the corridor traversing the cities of Santa Ana, La Habra, Fullerton, Anaheim, Garden Grove, Fountain Valley, and Caltrans (Exhibit 1). On March 9, 2022, the OCTA Board approved the Measure M2 funding request for the Euclid Street Project. While the City of La Habra will act as the lead agency for the project, a cooperative agreement is necessary to identify the roles and responsibilities of each participating agency to maintain inter-jurisdictional synchronization during the three-year grant period (Exhibit 2). Upon project completion, responsibility for ongoing signal maintenance will revert to the respective local agencies. Euclid Street Corridor Traffic Signal Synchronization April 2, 2024 Page 2 The Measure M2 grant provides $4,961,013. The match commitments from the participating cities will provide a combined total of $1,240,253. The City of Santa Ana’s share of the matching funds is $113,827, of which $107,827 is cash and $6,000 is in- kind staff support. FISCAL IMPACT Funds for the City’s share of the project cost are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220; Project No. 23-6721) for expenditure in the fiscal years identified in the following estimated spending plan: Fiscal YearAccounting Fund Accounting Unit, Amount Unit-Account DescriptionAccount #Description 2023-2403217662-Measure M-Measure M2 Local $4,450 (April- June 66220Street Fairshare St, 2024ConstructionImprovements Other Than Building 2024-25 03217662-Measure M-Measure M2 Local $104,217 (July 2024- 66220Street Fairshare St, June 2025)ConstructionImprovements Other Than Building 2025-2603217662-Measure M-Measure M2 Local $5,160 (July 2025-66220Street Fairshare St, June 2026)ConstructionImprovements Other Than Building Total:$113,827 The current fiscal year funding is available in the FY 2023-24 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1.Project Location Map 2.Cooperative Agreement Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager NORTHNORTH Euclid Street Corridor Traffic Signal Synchronization Improvements SANTA ANA City Council Project No. 23-6721: Agenda Date Euclid Street PWA Traffic Signal Synchronization April 2, 2024 PUBLIC WORKS AGENCY Exhibit 1 Cooperative Agreement No. 2024-1 1 COOPERATIVE AGREEMENT No. 2024-1 2 BY AND BETWEEN 3 THE CITY OF LA HABRA 4 AND 5 THE CITIES OF FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, AND 6 FOUNTAIN VALLEY 7 FOR THE 8 EUCLID STREET CORRIDOR PROJECT 9 REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM 10 THIS COOPERATIVE AGREEMENT, hereinafter referred to as “AGREEMENT” is effective 11 the day of , 2024, by and between the City of La Habra, hereinafter 12 referred to as “LA HABRA” and the Cities of Fullerton, Anaheim, Garden Grove, Santa Ana, and Fountain 13 Valley, hereinafter referred to as “FULLERTON”, “ANAHEIM”, “GARDEN GROVE”, “SANTA ANA” 14 and “FOUNTAIN VALLEY” respectively, jointly referred to as “AGENCIES” or severally as “AGENCY”. 15 Collectively,LA HABRA and AGENCIESmay be referred to as the “PARTIES” or individually as a 16 “PARTY”. 17 RECITALS 18 WHEREAS, Euclid Street between La Habra Boulevard and Interstate 405 (I-405) Southbound 19 Ramps, geographically located in the Cities of La Habra, Fullerton, Anaheim, Garden Grove, Santa Ana, and 20 Fountain Valley, is part of the OCTA Master Plan of Arterial Highways (MPAH), and 21 WHEREAS, Euclid Street between La Habra Boulevardand Country Hills Drive is maintained by 22 LA HABRA; and 23 WHEREAS, Euclid Street between Lakeview Drive and State Route 91 WB Rampsis maintained 24 by FULLERTON; and 25 WHEREAS, Euclid Street between State Route 91 EB Ramps and Katella Avenue is maintained by 26 ANAHEIM; and 27 WHEREAS, Euclid Street between Orangewood Avenue and Westminster Boulevard is maintained Page 1 of 18 Cooperative Agreement No. 2024-1 1 by GARDEN GROVE; and 2 WHEREAS, Euclid Street between EmperorQuang Trung/Oakfield Avenueand McFadden Avenue 3 is maintained by SANTA ANA; and 4 WHEREAS, Euclid Street between Edinger Avenueand I-405 SB Ramps is maintained by 5 FOUNTAIN VALLEY; and 6 WHEREAS, the intersections of Euclid Street at Imperial Highway, Euclid Streetat the SR-91 7 Interchange (EB and WB ramps), Euclid Street at I-5 (NB and SB ramps) Interchange, Euclid Street at SR- 8 22 Interchange (EB and WB ramps), and Euclid Street at I-405 (NB and SB ramps) Interchange are 9 maintained by the State of California, hereinafter referred to as “STATE” or “CALTRANS”, and a separate 10 Cooperative Agreement is entered into between LA HABRA and CALTRANSfor the STATE-maintained 11 traffic signals; and 12 WHEREAS,the Measure M2 Regional Traffic Signal Synchronization Program, hereinafter referred 13 to as “RTSSP”,targets over 2,000 signalized intersections across Orange County to maintain traffic signal 14 synchronization, improve traffic flow, and reduce congestion across jurisdictions; and 15 WHEREAS,LA HABRA and AGENCIES are committed to implementing multi-jurisdictional 16 signal synchronization to enhance countywide traffic flow, and reducing congestion; and 17 WHEREAS,the Orange County Transportation Authority, hereinafter referred to as “OCTA”, 18 approved funding forthe Euclid Street Corridor RTSSP Project, hereinafter referred to as “PROJECT”; and 19 WHEREAS,the PARTIESwill provide matching funds as required by the Orange County 20 Comprehensive Transportation Funding Programs; and 21 WHEREAS,LA HABRA agrees to act as the lead agency for design, construction, andmanagement 22 of the PROJECT; and 23 WHEREAS,the PROJECT will include sixty-seven (67) signalized intersections along the Euclid 24 StreetCorridorbetween La Habra Boulevard and I-405 SB Ramps, and geographically located in LA 25 HABRA, FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY;and 26 WHEREAS,the PROJECT will include sixty-nine (69) offset signalized intersections,defined as 27 signalized intersections situated within 2700 feet along the side streets of the PROJECT corridor signals Page 2 of 18 Cooperative Agreement No. 2024-1 1 between La Habra Boulevard and I-405 SB Ramps, and geographically located in LA HABRA, 2 FULLERTON, ANAHEIM, GARDEN GROVE, SANTA ANA, and FOUNTAIN VALLEY; the inclusion 3 of the offset signals will minimize the impacts of the signal synchronization of the PROJECT corridor signals 4 on said offset signals; and 5 WHEREAS,the PROJECT Scope of Work includes the procurement, construction, installation and 6 modification of existing traffic signal controllers and cabinets, foundation, countdown-type signal heads, 7 video detection systems, traffic surveillance cameras, emergency vehicle preemption, power supplies, pull 8 boxes, signal interconnect communication upgrades including but not limited to fiber optic cables, signal 9 performance measures, and central system upgrades at the respective PARTIES’ Traffic Management 10 Centers;and 11 WHEREAS,the PROJECT Scope of Work also includes development, implementation, and 12 fine-tuning of coordination signal timing plans for various peak periods, and the ongoing monitoring and 13 maintenance of the coordinated signal system’s operation, including signal timing coordination and system 14 communication/detection upkeep, for a period of no less than two years; and 15 WHEREAS, LA HABRA agrees to work with AGENCIES to coordinate the inclusion of other 16 traffic control elementsthat must be installed at the same time as the construction of the PROJECT that are 17 NOT a part of the PROJECT Scope of Work and that arethe responsibility of each respective PARTY during 18 the course of the PROJECT; and 19 WHEREAS,the PARTIESacknowledge that other RTSSP corridor projects are currently underway 20 or completed which intersect the PROJECT, and that these other RTSSP corridor timing operations must be 21 incorporated into the design and completion of this PROJECT; and 22 WHEREAS, this AGREEMENT defines the roles, specific terms, conditions and responsibilities 23 between the PARTIES. 24 AGREEMENT 25 NOW THEREFORE, it is understood and agreed by the PARTIES as follows: 26 ARTICLE 1. COMPLETE AGREEMENT 27 This AGREEMENT constitutes the complete and exclusive statement of the terms and conditions of Page 3 of 18 Cooperative Agreement No. 2024-1 1 the agreement between the PARTIES concerning the PROJECT and supersedes all prior representations, 2 understandings, and communications between the PARTIES. The above-referenced Recitals are true and 3 correct and are incorporated by reference herein. 4 ARTICLE 2. RESPONSIBILITIES OF LA HABRA 5 LA HABRA agrees to the following responsibilities: 6 1. LA HABRA shall serve as lead agency for design, construction, and construction management of 7 the PROJECT and shall provide oversight by establishing PROJECT milestones and overseeing the 8 PROJECT development to ensure compliance with all standards and requirements set forth in this 9 AGREEMENT. 10 2. LA HABRA shall be responsible for completing the PROJECT in accordance with the funding 11 guidelines and any and all other federal, state,and OCTA requirements related to these funding programs, 12 as well as any and all applicable statutes and regulations including, but not limited to, biddinglaws, prevailing 13 wage and other labor laws, provisions of the California Building Standards Code, and the California 14 Environmental Quality Act (CEQA) and the Guidelines thereunder. 15 3. LA HABRA shall be responsible for providing the required documentation and funding 16 commitments for project implementation on the CALTRANS portions of the PROJECT within LA 17 HABRA’S geographical jurisdictions. 18 4. LA HABRA shall provide AGENCIES a copy of all design documents for AGENCIES’ approval 19 of work to be performed in AGENCIES’ jurisdictions prior to LA HABRA advertising for bids. 20 5. LA HABRA shall enter into a separate Cooperative Agreement with the STATE for the 21 implementation of the STATE components of the PROJECT. 22 6. LA HABRA shall be responsible for obtaining all required permits for project implementation 23 from the STATE for the STATE components of the PROJECT. 24 7. LA HABRA shall provide staff, consultants, and contractors deemed necessary and appropriate to 25 manage, administer, coordinate,and oversee engineering design and construction management of the 26 PROJECT. LA HABRA shall require all suchconsultants, including architects and civil engineers,and 27 contractorsto obtain and maintain comprehensive general liability, automobile liability, workers’ Page 4 of 18 Cooperative Agreement No. 2024-1 1 compensation and employers’ liability, and professional liability insurance policies meeting the applicable 2 requirements of the Consultant Contract and Bidders Specifications for the PROJECT and toindemnify, 3 defend, and hold each of the AGENCIES and their respective elected officials, officers, employees, agents 4 and volunteers (“Indemnitees”) free and harmless, including payment of attorneys’ and experts’ fees, with 5 respect to any and all claims and liabilitiesof any kind arising out of each such consultant’s and/or 6 contractor’s acts or omissions in the performance of work on the PROJECT, to the maximum extent 7 permitted by law. LA HABRA shall require all such contractors to name the Indemnitees as additional 8 insureds on all commercial general and automobile liability policies required by LA HABRA for the 9 PROJECT. 10 8. The budget for the PROJECT is Six Million, Two Hundred One Thousand, Two Hundred and 11 Sixty-SixDollars ($6,201,266). Four Million, Nine Hundred Sixty-OneThousand, and Thirteen Dollars 12 ($4,961,013) is funded by OCTA through RTSSP (Project P). Minimum PROJECT matching funds of 13 twentypercent (20%) amount to One Million, TwoHundred Forty Thousand, Two Hundred and Fifty-Three 14 Dollars ($1,240,253). LA HABRA’s portion of the PROJECT cost is approximately Six Hundred Seventeen 15 Thousand Three Hundred and Seven Dollars ($617,307) with a corresponding 20% local agency matchup 16 to One Hundred Twenty-Three Thousand, Four Hundred and Sixty-One Dollars ($123,461) including in- 17 kind services. Documentation of LA HABRA’S in-kind services, such as administrative services, design 18 and construction-related services including equipment procurement and inspection, and City-furnished 19 PROJECT equipment, shall meet OCTA Comprehensive Transportation Funding Program (CTFP) 20 Guidelines. 21 9. LA HABRA shall maintain coordination with AGENCIES for construction of the PROJECT. 22 10. LA HABRA specifically shall coordinate construction activity for the PROJECT within 23 AGENCIES and provide a schedule of the construction activityfor the PROJECT within AGENCIES that is 24 acceptable to AGENCIES. In the event of planned street closures, LA HABRA shall provide prior notice to, 25 and receive approval from, the responsible AGENCY, prior to the execution of the street closure. 26 11. LA HABRA shall require AGENCIES and its officers and employees to be named as additional 27 insured on the construction contractors’ liability insurance policies. Page 5 of 18 Cooperative Agreement No. 2024-1 1 12. At no cost to AGENCIES, LA HABRA shall be responsible for coordinating the construction 2 and/or installation of traffic control elements and other items within LA HABRA’s jurisdiction that are NOT 3 a part of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 4 13. LA HABRA shall collect all data necessary for the analysis and optimization of traffic signal 5 timing along the PROJECT corridor. 6 14. LA HABRA shall develop new timing plans optimized for traffic signal synchronization. 7 15. LA HABRA shall provide on-site support to implement the timing plans as necessary. Timing 8 plans are subject to AGENCIES’review and approval. 9 16. LA HABRA shall provide the new timing plans developed for the PROJECT and all relevant data 10 required for the signal timing analysis to AGENCIES upon request. 11 17. At the conclusion of the Primary Implementation Phase “PI PHASE” of the PROJECT, LA 12 HABRA shall submit all necessary documentation required by OCTA for the reimbursement of all PROJECT 13 eligible expenses of the PI Phase 14 18. Upon OCTA’s review and approval of the PROJECT eligible expenses of the PI Phase, LA 15 HABRA shall invoice the AGENCIES for their respective 20% local matches. 16 19. At the conclusion of the Ongoing Operation and Maintenance Phase “O&M PHASE”of the 17 PROJECT, LA HABRA shall submit all necessary documentation required by OCTA for the reimbursement 18 of all PROJECT eligible expenses of the O&M Phase. 19 20. Upon OCTA’s review and approval of the PROJECT eligible expenses of the O&MPhase, LA 20 HABRA shall invoice the AGENCIES for their respective 20% local matches. 21 ARTICLE 3. RESPONSIBILITIES OF AGENCIES 22 AGENCIES agree to the following responsibilities: 23 1. AGENCIES shall be responsible for providing the required documentation and funding 24 commitments for project implementation on the STATE portions of the PROJECT within AGENCIES’ 25 respective geographical jurisdictions. 26 2. AGENCIES shall remit to LA HABRA within thirty (30) calendardays of receipt of acceptable 27 invoices for the PI PHASE and the O&M PHASE,the PROJECT matching funds as required by the OCTA Page 6 of 18 Cooperative Agreement No. 2024-1 1 Comprehensive Transportation Funding Programs. Individual AGENCIES’ PROJECT cost allocations and 2 the corresponding local agency matches per OCTA’s approved grant are summarized below. 3 Euclid Street Corridor Project Cost Summary Project CostLocal Agency In-Kind Match (@ 20%) Agency PIO&MPIO&M LaHabra$584,307.42$33,000.00$116,861.48$6,600.00 Fullerton$1,496,555.76$64,800.00$299,311.15$12,960.00 Anaheim$1,070,747.72$80,400.00$214,149.54$16,080.00 Garden Grove$1,369,482.92$62,400.00$273,896.58$12,480.00 Santa Ana$543,334.10$25,800.00$108,666.82$5,160.00 Fountain Valley$814,038.09$56,400.00$162,807.62$11,280.00 Subtotal:$5,878,466.00$322,800.00$1,175,693.20$64,560.00 Total:$6,201,266.00$1,240,253.20 4 5 a. FULLERTON’s portion of the PROJECT cost is approximately One Million, Five Hundred 6 Sixty-One Thousand, Three Hundred and Fifty-Six Dollars ($1,561,356) with a corresponding 7 20% local agency match of up to Three Hundred Twelve Thousand, Two Hundred and Seventy- 8 One Dollars ($ 312,271) including in-kind services. 9 b. ANAHEIM’s portion of the PROJECT cost is approximately One Million, One Hundred Fifty- 10 One Thousand, One Hundred and Forty-Eight Dollars ($1,151,148) with a corresponding 20% 11 local agency match of up to Two Hundred Thirty Thousand, Two Hundred and Thirty Dollars 12 ($230,230) including in-kind services. 13 c. GARDEN GROVE’s portion of the PROJECT cost is approximately One Million, Four 14 Hundred Thirty-One Thousand, Eight Hundred and Eighty-Three Dollars ($1,431,883) with a 15 corresponding 20% local agency match of up to Two Hundred Eighty-Six Thousand, Three 16 Hundred and Seventy-Seven Dollars ($286,377) including in-kind services. 17 d. SANTA ANA’s portion of the PROJECT cost is approximately Five Hundred Sixty-Nine 18 Thousand, One Hundred and Thirty-Four Dollars (569,134) with a corresponding 20% local Page 7 of 18 Cooperative Agreement No. 2024-1 1 agency match of up to One Hundred Thirteen Thousand, Eight Hundred and Twenty-Seven 2 Dollars ($113,827) including in-kind services. 3 e. FOUNTAIN VALLEY’s portion of the PROJECT cost is approximately Eight Hundred 4 Seventy Thousand, Four Hundred and Thirty-Eight Dollars ($870,438) with a corresponding 5 20% local agency match of up to One Hundred Seventy-Four Thousand and Eighty-Seven 6 Dollars ($174,087) including in-kind services. 7 Documentation of AGENCIES’ in-kind services, such as administrativeservices, design and construction- 8 related services including equipment procurement and inspection, shall meet OCTA CTFP Guidelines. 9 3. AGENCIES agree to implement the PROJECT based on the approved match funds above and 10 agree that final amount and correspondingmatch may vary and will be based on the 20% of actual cost of 11 implementing all timing, improvements, and maintenance, as identified in thePROJECT. 12 4. AGENCIES agree that unused PROJECT funds from one PARTY may be used by another 13 PARTY upon mutual written agreement ofPARTIES. Receiving PARTY shall be responsible for the local 14 match of the additional PROJECT funds used. 15 5. At no cost to LA HABRA, AGENCIES shall provide LA HABRA with current intersection, local 16 field master and/or central system timing plans and related data no later than thirty (30) calendar days 17 subsequent to the execution of this AGREEMENT, and updates as they occur within seven (7) calendar days 18 of the event. 19 6. At no cost to LA HABRA, AGENCIES shall provide to LA HABRA appropriate documents to 20 utilize in the design and construction of infrastructure required to implement the desired coordinated and 21 synchronized system and operations no later than thirty (30) calendar days subsequent to the execution of 22 this AGREEMENT, and updates as they occur within seven (7) calendar days of the update. 23 7. AGENCIES shall waive all costs and fees related to any and all required encroachment and 24 inspection permits required by AGENCY for the construction phase of the PROJECT. 25 8. At no cost to LA HABRA, FULLERTON’sConstruction Inspectors shall oversee all construction 26 work done in FULLERTON’s jurisdiction. 27 9. At no cost to LA HABRA, ANAHEIM’s Construction Inspectors shall oversee all construction Page 8 of 18 Cooperative Agreement No. 2024-1 1 work done in ANAHEIM’s jurisdiction. 2 10. At no cost to LA HABRA, SANTA ANA’s Construction Inspectors shall oversee all construction 3 work done in SANTA ANA’sjurisdiction. 4 11. At no cost to LA HABRA, GARDEN GROVE’s Construction Inspectors shall oversee all 5 construction work done in GARDEN GROVE’s jurisdiction. 6 12. At no cost to LA HABRA, FOUNTAIN VALLEY’s Construction Inspectors shall oversee all 7 construction work done in FOUNTAIN VALLEY’s jurisdiction. 8 13. At no cost to LA HABRA, AGENCY shall be responsible for coordinating the construction and/or 9 installation of traffic control elements and other items within AGENCIES’ jurisdiction that are NOT a part 10 of the PROJECT Scope of Work but, by necessity, must be built concurrent with the PROJECT. 11 14. In the event of an unanticipated cost overrun, LA HABRA shall meet with AGENCIES to 12 resolve the cost overrun. Should the PARTIES be unable to come to a resolution of the cost overrun, the 13 AGREEMENT will terminate. 14 ARTICLE 4. MUTUAL RESPONSIBILITIES OF THE PARTIES 15 The PARTIES agree to the following mutual responsibilities: 16 1. The PARTIES are responsible for the review, implementationand maintenance of the timing for 17 the corridor offset intersections as defined in the RECITALS. 18 2. The PARTIES shall cooperate and coordinate their staff, contractors and consultants, in providing 19 the services and responsibilities required under this AGREEMENT to the extent practicable with respect to 20 the performance of the PROJECT. 21 3. The PARTIES agree to work together in good faith, using reasonable efforts to resolve any 22 unforeseen issues and disputes arising out of the performance of this AGREEMENT. 23 4. The PARTIES shall be responsible for obtaining the required additional STATE permits for 24 additional STATE requested improvements that are NOT a part of the PROJECT Scope of Work on the 25 STATE portions of PROJECT within their respective geographic jurisdictions. 26 5. This AGREEMENT may only be modified or amended upon written agreement of all PARTIES. 27 All modifications, amendments, changes and revisions of this AGREEMENT in whole or in part, and from Page 9 of 18 Cooperative Agreement No. 2024-1 1 time to time, shall be binding upon the PARTIES, so long as the same shall be in writing and executed by 2 the PARTIES. No waiver of any term or conditions of this AGREEMENT shall be a continuing waiver 3 thereof. 4 6. Applicable Laws and Regulations: This AGREEMENT shall be governed by all applicable federal, 5 state and local laws and regulations. The PARTIES warrant that in the performance of this AGREEMENT, 6 each shall comply with all applicable federal, state and local laws, statutes and ordinances and all lawful 7 orders, rules and regulations promulgated there under. 8 7. Indemnitees: To the maximum extent permitted by law, each PARTYagrees to defend, indemnify 9 and hold harmless the other PARTIES, their officers, agents, elected officials and employees from all 10 liability, claims, losses and demands, including defense costs and reasonable attorneys’ fees, whether 11 resulting from court action or otherwise, to the extent arising out of the actual or alleged negligent acts or 12 omissions of, or violation of any statute or regulation by the defending PARTY, or any of its officers, agents, 13 or employees, in the performance of this AGREEMENT. When negligent acts or omissions of one PARTY 14 are directed by another PARTY, the PARTY directing the negligent acts or omissions shall owe this defense 15 and indemnity obligation to the PARTY following the directions. The provisions of this paragraph shall 16 survive the termination of this AGREEMENT. Notwithstanding, this AGREEMENT shall not be interpreted 17 to create any joint and several liability or any joint powers or joint venture between the PARTIES. 18 LA HABRA shall defend, indemnify and hold the AGENCIES free and harmless from any claim or liability 19 arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 20 8. Force Majeure: Each PARTY shall be excused from performing its obligations under this 21 AGREEMENT during the time and to the extent that it is prevented from performing by an unforeseeable 22 cause beyond its control, including but not limited to: any incidence of fire; flood; acts of God; 23 commandeering of material, products, plants or facilities by federal, state or local government; national fuel 24 shortage; labor strike or materials shortageprovided satisfactory evidence of such cause is presented to the 25 otherPARTIES, and provided further such nonperformance is unforeseeable, beyond the reasonable control 26 and not due to the fault or negligence of the PARTY not performing. 27 9. Any notice sent by first class mail, postage paid, to the address and addressee, shall be deemed to Page 10 of 18 Cooperative Agreement No. 2024-1 1 have been received three (3) business days after deposit in the U.S. Mail. The representatives of the 2 PARTIESwho are primarily responsible for the administration of this AGREEMENT, and to whom notices, 3 demands and communications shall be given are as follows: 4 5 City of La Habra – LEADAGENCY City of Fullerton 6 110 E. La Habra Boulevard 303 W. Commonwealth Avenue 7 La Habra, CA 90631 Fullerton, CA 92832 8 Attn: Michael Plotnik, P.E., T.E. Attn: Jeffrey Chinchilla, P.E. 9 Traffic Manager Associate Engineer - Traffic 10 (562) 383-4162 (714) 738-6899 11 mplotnik@lahabraca.gov jeffrey.chinchilla@cityoffullerton.com 12 13 City of Anaheim City of Garden Grove 14 201 S. Anaheim Boulevard, Suite 502 11222 Acacia Parkway 15 Anaheim, CA 92805 Garden Grove, CA 92840 16 Attn: John Thai, E.E., T.E. Attn: Dai Vu, T.E. 17 Principal Traffic Engineer City Traffic Engineer 18 (714) 765-5294 (714) 741-5189 19 jthai@anaheim.net daiv@ggcity.org 20 21 City of Santa Ana City of Fountain Valley 22 20 Civic Center Plaza 10200 Slater Ave 23 Santa Ana, CA 92701 Fountain Valley, CA 92708 24 Attn: Cesar Rodriguez, P.E., T.E. Attn: Temo Galvez, P.E. 25 Senior Civil Engineer Deputy Public Works Director / City Engineer 26 (714) 647-5626 (714) 593-4517 27 crodriguez5@santa-ana.org temo.galvez@fountainvalley.org Page 11 of 18 Cooperative Agreement No. 2024-1 1 10. This AGREEMENT shall continue in full force and effect through December 31, 2028, unless 2 terminated earlier byLA HABRA or AGENCIES. This AGREEMENT may be terminated by any AGENCY 3 providing the PARTIES with not less than thirty (30) day prior written notice. The terminating AGENCY is 4 fully responsible for paying their respective pro rata share of all costs and expenses incurred prior to delivery 5 of its notice of termination and all costs and damages relating to its termination. In the event of termination 6 without cause, and subject to any other reimbursement obligations of the PARTIES, if any, created by this 7 AGREEMENT or law, the PARTIES shall each be entitled to a pro rata refund of its share of costs expended 8 as to funds remaining, if any, after payment has been made for labor and/or materials actually provided in 9 the course of work performed pursuant to this AGREEMENT. 10 11.The termsof this AGREEMENT may only be extended upon written agreement by the 11 PARTIES. 12 / 13 / 14 / 15 / 16 / 17 / 18 / 19 / 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / Page 12 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF,the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF LA HABRA 5 6 By: 7 Daren Nigsarian 8 Mayor 9 10 11 ATTEST: 12 13 By: 14 Rhonda J. Barone, CMC 15 City Clerk 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 Richard D. Jones 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 13 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF,the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF FULLERTON 5 6 By: 7 Eric Levitt 8 City Manager 9 10 11 ATTEST: 12 13 By: 14 Lucinda Williams, MMC 15 City Clerk 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 Betsy Martyn 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 14 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF,the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF ANAHEIM 5 6 By: 7 8 Mayor of the City of Anaheim 9 10 11 ATTEST: 12 13 By: 14 15 City Clerk of the City of Anaheim 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 22 City Attorneyof the City of Anaheim 23 / 24 / 25 / 26 / 27 / Page 15 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF,the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF GARDEN GROVE 5 6 By: 7 Lisa L. Kim 8 City Manager 9 10 11 ATTEST: 12 13 By: 14 Teresa Pomeroy, CMC 15 City Clerk 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 Omar Sandoval 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 16 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF SANTA ANA 5 6 By: 7 Tom Hatch 8 Interim City Manager 9 10 ATTEST: 11 12 By: 13 Jennifer L. Hall 14 City Clerk 15 16 APPROVED AS TO FORM: 17 18 By: 19 20 Assistant City Attorney 21 22 RECOMMENDED FOR APPROVAL 23 24 By: 25 Nabil Saba, PE 26 Executive Director 27 Public Works Agency Page 17 of 18 Cooperative Agreement No. 2024-1 1 IN WITNESS WHEREOF,the PARTIES hereto have caused this Cooperative Agreement No. 2024-1 to 2 be executed on the date first above written. 3 4 CITY OF FOUNTAIN VALLEY 5 6 By: 7 Glenn Grandis 8 Mayor 9 10 11 ATTEST: 12 13 By: 14 Rick Miller 15 City Clerk 16 17 18 APPROVED AS TO FORM: 19 20 By: 21 Colin Burns 22 City Attorney 23 / 24 / 25 / 26 / 27 / Page 18 of 18 Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Sewer System Inspection Services AGENDA TITLE Agreement with Houston & Harris, PCS, Inc. to Provide Closed Circuit Television Inspection Services of the Sanitary Sewer System (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Houston & Harris, PCS, Inc. to provide closed circuit television inspection services of the sanitary sewer system for a three-year term beginning April 2, 2024 and expiring April 1, 2027, with a provision for a two-year extension, in a total amount not to exceed $4,000,000 (Agreement No. A- 2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems. The sanitary sewer system includes approximately 400 miles of sanitary sewer main, 8,500 manholes, approximately 48,500 sewer laterals, and two sewer lift stations. All sewage is conveyed to the Orange County Sanitation District for treatment. In accordance with the City’s Sewer System Management Plan and the State’s Waste Discharge Requirements, the City must inspect assets and maintain the sanitary sewer system in good repair. Closed-circuit television (CCTV) technology is used to assess the condition of sewer system infrastructure and identify system deficiencies. On January 12, 2024, the Public Works Agency released Request for Proposals (RFP) No. 24-003 (Exhibit 1) for qualified firms to provide closed circuit television (CCTV) inspection services of the City’s sanitary sewer system. The RFP was advertised on the ’s online bid management and publication system, PlanetBids, with proposals due on February 12, 2024. System records indicate a total of 35 vendors were notified and downloaded the bidding documents. Eight bids were received and reviewed by a panel of City staff. Staff recommends awarding an agreement to Houston & Harris, PCS, Inc., based in Santa Ana, for CCTV inspection services (Exhibit 2). Houston & Harris’s work Sewer System Inspection Services April 2, 2024 Page 2 experience and proposal demonstrate that the firm has the necessary technical capacity and expertise to complete the required services outlined in the RFP. The firm’s rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. FiscalAccounting FundAccounting Unit, Amount Unit YearDescriptionAccount Description - Account # Contract (3-Year Term) Sanitary Sewer Service, 05617640-Sanitary Sewer 62300Service Contract Services - 2023-24$200,000 Professional (April – June) 05617640-Sanitary Sewer Sanitary Sewer Service, 62300ServiceContract Services - 2024-25$800,000 Professional 05617640-Sanitary Sewer Sanitary Sewer Service, 62300ServiceContract Services - 2025-26$800,000 Professional Sanitary Sewer Service, 05617640-Sanitary Sewer Contract Services - 62300Service $800,000 2026-27 Professional Optional Two-year Extension 05617640-Sanitary Sewer Sanitary Sewer Service, 62300ServiceContract Services - $800,000 2027-28 Professional Sanitary Sewer Service, 05617640-Sanitary Sewer 2028-29 (July Contract Services - 62300Service $600,000 -March) Professional TOTAL$4,000,000 EXHIBIT(S) 1.RFP 24-003 2.Agreement Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HOUSTON & HARRIS PCS, INC. FOR CCTV INSPECTION SERVICES nd THIS AGREEMENT is made and entered into on this 2day of April, 2024 by and between Houston & Harris PCS, Inc., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.The City desires to retain a Consultant having special skill and knowledge in the field of cleaning, inspecting and videotaping sanitary sewer mains. B.Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the Scope of Work that was included in the Request for Proposal (“RFP”) No. 24-003. C.In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1.SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated herein, and as further described in Consultant’s Proposal - Exhibit B, attached hereto and incorporated herein. 2.COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Compensation - Exhibit C, attached hereto and incorporated herein. The total amount to be expended during the term of this Agreement shall not exceed $4,000,000.00, including any extension periods, and is comprised of: (1) a base amount of $3,529,150.00 and (2) a contingency in the amount of $470,850.00, which may be exercised at the sole discretion of City. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the ’s standard ACH Vendor Payment Authorization and provide required Page 1 of 9 documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3.TERM This Agreement shall commence on the date first written above and end on April 1, 2027, with the option for the City to grant up to one (1), two (2) year extension, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4.PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6.OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 9 Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall also require any subcontractors, to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. Workers’ Compensation: 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, policy or employee, for bodily injury or disease. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions: The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. Page 3 of 9 For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage: Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8.INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) Page 4 of 9 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9.INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10.RECORDS 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 Page 5 of 9 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12.CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13.NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14.EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15.ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. Page 6 of 9 16.TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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. 17.WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18.JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19.PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20.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: Page 7 of 9 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: Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702 To Consultant: Brad Houston Vice President Houston & Harris PCS, Inc. P.O. Box 10367 San Bernardino, CA 92423 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. 21.MISCELLANEOUS PROVISIONS a.Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b.All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. \[signatures on following page\] Page 8 of 9 EXHIBIT A SCOPE OF SERVICES CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Appendix ATTACHMENT 1: SCOPE OF WORK City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 14 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS SCOPE OF WORK A. INTRODUCTION AND BACKGROUND The City of Santa Ana’s sanitary sewer collection system comprises of approximately 400 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,500 sewer manholes that are used to convey all sewer effluent from the City into the Orange County Sanitation District (OCSD) system. In accordance with the City’s Sewer Management Plan (SSMP) and the State’s waste discharge requirements, the City must inspect asses and maintain the sanitary sewer system in good repair. B. CONTRACTOR RESPONSIBILITIES a. SEWER CLEANING All sewers shall be cleaned within 24 hours prior to CCTV inspection except as directed otherwise by the Engineer. Cleaning shall include removal of grease, roots, debris and other obstructions to facilitate the CCTV inspection. All costs associated with the cleaning of sewers and sewer manholes shall be borne by the Contractor. These borne expenses shall include, but are not limited to, water usage, and fees related to obtaining and securing a hydrant water meter from the City. Contractor shall return water hydrant meter to the City every six months. The Contractor firm shall use the appropriate nozzle or cutter head, (i.e. high velocity, water jet, root cutter, etc.), to accomplish the cleaning as required for that particular reach of sewer. Cleaning methods shall be employed to sufficiently clean the pipe so the camera can pass and can fully ascertain and document the structural and operational condition of the pipe. Any costs associated with CCTV inspection work that is necessitated by the Contractor’s failure to sufficiently clean the main shall be borne entirely by the Contractor. The Contractor shall use a tablet PC with internet access to connect to infraMAP® software, the City will provide access and training as needed for infraMAP® software, to record the location of the cleaning operation and the conditions encountered for each section of sewer main that is cleaned. The Contractor shall be trained by the City in the use of infraMAP®. Digital video, logs and other materials shall be delivered when a designated area of work has been completed. The City reserves the right to use both the comprehensiveness and completeness of the cleaning reports along with the cleanliness of the pipe as evidenced by the supplied video to ascertain whether the pipe was cleaned sufficiently. Any costs required to re-clean either an unreported or an insufficiently cleaned main shall be borne entirely by the Contractor. b. SEWER MAIN TELEVISION INSPECTION 1. The Contractor shall perform all CCTV inspections using the WinCan VX Expert software for pipe survey reporting. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 15 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS 2. The Contractor shall use equipment specially designed and constructed for sewer inspection and video recording. The camera must have light sources of suitable illumination output to provide a clear picture of the entire periphery of pipe. The camera must be able to be rotated to a position that will assure that the total periphery of the sewer is in focus at all times, regardless of the diameter of the pipe being inspected. The camera, transport system, and other components of the video system shall be capable of producing a picture adequate for the purposes of the inspection as stated herein. The adequacy of the proposed equipment, resulting video and the assessment logs shall be demonstrated to the City, if so requested, prior to award of contract. The cost of such demonstration shall be borne by the Contractor. 3. A cable footage counter, accurate to within one (1) foot in 1000 feet, shall be used and shall be indicated on the monitor and recorded on the video. The date of inspection, continuous forward and reverse readout of camera distance from referenced access hole, the upstream and downstream manhole with an arrow indicating flow direction (or the database number, run number and direction of flow), the size of the pipe, the name of the street, the iWaterID, the time of day and the project or location name as supplied by the City shall be displayed continuously on the monitor and recorded on the video. The color of the overlay information shall be adjusted so that it remains legible throughout the run. The footage relative to the center of the manhole at the start of each run shall be set to accurately reflect a center of manhole starting position of 0.00 feet regardless of where along the pipe and at what footage the run begins. 4. Every sewer main assessment shall begin with a view of the open manhole and shall proceed uninterrupted in the downstream direction with the insertion of the camera into the manhole with the subsequent sewer main assessment. Recording of video against the flow or passing through interim manholes will only be allowed with prior approval of the City or when it can be shown that conditions made it unfeasible to lift an interim manhole cover or to record with the flow. 5. CCTV inspection, monitoring and recording shall only be performed by technicians that are NASSCO certified with a minimum of two years prior experience. The Contractor shall furnish qualification details and sample video for each technician so that their involvement in the project can be approved by the City prior to the commencement of work. The use of a video technician not approved by the City will be considered sufficient cause for the rejection of any related work and any costs associated with re- inspecting shall be at the consultant’s expense. 6. During inspection, the operating technician shall, along with an audio record of conditions, log a computerized assessment of the recorded sewer. This assessment shall include the location of all laterals, indicated infiltration, cracks, deflected joints, collapsed sections, ex-filtration, misalignment, roots, deposits, and other conditions or data pertinent to the physical condition of the sewer. 7. Through the use of the infraMAP® software the Contractor will have access to the complete sewer system maps and data including but not limited to: manhole ID numbers, sewer main ID numbers, street names and sewer main attributes. The City, City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 16 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS through the infraMAP® software, will designate the locations that are to be inspected. Use of the infraMAP® software by the Contractor is required. The City shall train the Contractor in the use of infraMAP® as it relates to the documentation of sewer cleaning and inspection activities. 8. If the Contractor encounters conditions in the field that do not correspond to those indicated on the maps, the Contractor shall promptly inform the City of the discrepancy. If manholes or terminating cleanouts are encountered that are not shown on the maps, the Contractor shall use the next available manhole number as shown on the maps for the video assessment and indicate the location where the manhole was found. The City will incorporate those changes into the maps. The use of non-standard or incorrectly numbered manholes by the Contractor in either the database or on the video overlay as shown on the digital video is cause for rejection of both the digital video and the database in which it is referenced and any costs associated with re-videoing of the main, modifications to the video overlay or rectification of the database that are necessitated by the consultant’s failure to use designated naming conventions will be borne entirely by the Contractor. 9. At all points within the sewer showing defects, laterals and sewer appurtenances, the consultant shall stop the camera, rotate (up to 360 degrees) and/or tilt the camera lens to ensure adequate video coverage. All defects shall be rated/scored and logged in accordance with NASSCO guidelines. 10. The camera shall be stopped and/or backed up to view and analyze conditions that appear unusual or uncommon to a sewer main in good condition. There shall be no loss of video quality at any time. 11. As the video is produced, the technician shall provide an audio narration of the inspection to include identification of the sewer main location, by street intersection location or street address as well as by City manhole number, inspection direction (upstream/downstream) and complete descriptions of the line conditions as they are encountered. The audio portion of the video recording shall be free from electrical interference, feedback, hum, and background noise. 12. If the camera cannot pass the entire sewer reach from its point of insertion, the reach shall be inspected from both directions. The inspection logs for the reach shall include an identification of the nature and location of the blockage. The Contractor shall notify the City immediately of any such obstruction so that it may be repaired or mitigated by the City and/or the Contractor so that work may proceed. 13. Video runs showing condensation or submersion of the lens, poor or out-of-focus images, poor audio, or otherwise poor image quality shall be cause for rejection and may necessitate re-inspecting at the Contractor’s expense if the City determines the video run is not of acceptable quality. 14. In special cases, when directed by the City, the Contractor shall be responsible for plugging manhole outlets during CCTV inspection. The sewer lines will be in service at City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 17 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS the time of inspection. 15. Television inspection of sewer mains with high volumes of flow (pipe running 1/3 full or more) will be done at night between the hours of 10 p.m. and 5 a.m. unless otherwise directed by the City. No adjustment in cost shall be allowed for night work. Notwithstanding, the consultant shall always use whatever mechanical means are available, including modification or changing of the camera wheels or treads, to insure that the image is recorded in an upright, un-rotated position. The City reserves the right to reject any video where changes in the orientation of the camera could have been corrected by such modifications or by performing the work during periods of low flow. 16. In five (5) working days after being notified to inspect a particular section of sewer main, the Contractor shall begin CCTV inspection, and shall diligently pursue that work to completion. c. SEWER MANHOLE INSPECTION The Contractor shall perform all sewer manhole assessment inspections services per NASSCO standards by the Manhole Assessment Certification Program (MACP) Level I. Level I (MACP) shall include all information included on Level I (MACP) detailed therein in addition to the, using valid MACP defect codes. The inspection shall also provide a depth measurement from the top of the manhole to the bottom of the manhole. Said measurement shall be measured from the middle of the manhole into the bottom of the manhole channel and be measured in inches. All digital reports for sewer manholes shall contain as a minimum the contained information on the Level I of the MACP by NASSCO guidelines and all items listed on item e.7 listed below as applied to sewer manholes. d. SEWER LATERAL INSPECTION When required by the City, the Contractor shall provide inspection of sewer laterals via a main line launched lateral camera. Inspection and video reporting shall be as required by sections b and e of this Appendix. Laterals shall be assessed using the Lateral Assessment Certification Program coding as provided by NASSCO. e. DATA SUBMISSION 1. The Contractor shall visually inspect, digitally encode video in WMV format (or another format if mutually agreed upon) and provide digital logs, in PDF format, of all inspected sewers. The log and video formats shall be approved by the City prior to commencement of work. Only cloud submittals are accepted as specified on the next item. 2. Digitally encoded video shall be compressed with the WMV format with settings specified by the City. Digital video shall be supplied to the City over the cloud, the Contractor will be required to pay and provide the City access to a 1 terabyte Webflex City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 18 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Seat account through WinCam. Digital video files, Microsoft Access Database files and PDF report files naming conventions on the cloud shall be approved by the City prior to the commencement of work. The video image shall be clear, focused and relatively free from roll, static or other image distortion qualities that would prevent the reviewer from evaluating the condition of the pipe. 3. The computerized format shall be provided as a separate Microsoft Access database file for each quantity of digital video specified by the City. The Contractor shall provide copies of the logs to the City in PDF format. The Microsoft Access database shall include the following: a) An inspection table listing each run number, the name of the operator, the inspection date, weather conditions, City supplied (the next sequential) database number, address or intersection of the starting manhole, direction of the inspection with respect to the flow, sewer number as supplied by the City, material (VCP, PVC, etc.), diameter of the sewer, length of the sewer, starting manhole ID number and the ending manhole ID number. b) An assessment table listing the run number, starting and ending footage of every observation, applicable assessment code, assessment code translation, additional remarks, starting and ending clock positions of observations where applicable. c) Tabular formats (table names, column names and data types, etc.) shall conform to specifications approved by the City. 4. The Contractor shall submit the aforementioned video, and electronic reports summarizing all defects and conditions specified above to the City within 15 calendar days of completion of task. In addition, the Contractor shall retain copies of both the digital video and logs, for a term no less than that specified for the agreement and shall make additional copies available to the City if the copies originally delivered to the City are found to be either defective or incomplete. Upon acceptance of the agreement, the Contractor acknowledges that given the quantity of video to be provided and the time it will take for the City to review the video after delivery that the City’s request for replacement data or video may not be timely. 5. Databases shall be numbered in sequential order with any deliverable video recording reflecting the same unique number differentiating each video. The starting database number will be specified by the City at the beginning of the contract. Barring any notifications by the City to the consultant of changes to the sequence number, the Contractor will be required to keep track of the next sequential number and use it on the electronic database files. The City will notify the consultant of any changes to the sequence number prior to requesting additional work. 6. Any digital media delivered to the City shall be labeled with the following information: a) Street name or location of sewer main and or sewer manhole if not in a City street, and limits of inspection for the sewer reach included; (e.g., McFadden Avenue sewer between Grand and Standard) or the task name given by the City. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 19 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS b) Date of inspection. c) Database number 7. All digital reports shall be in (pdf) format and contain as a minimum the following information: a) Date and time of inspection b) Name of Contractor c) Names of operating technician/inspector d) Pipe size, material, and total length e) Number and street or intersection location and the City designated number for the starting manhole. f) Number and street or intersection location and the City manhole number for the ending manhole. g) Direction of inspection (upstream or downstream). h) The database number. i)NASSCO rating scores including as a minimum: Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR) and Overall Pipe Rating (OPR). j)Observations, comments, recommendations, laterals referenced to footage counter and video clock (tape counter). k) Pipe segment iWaterID. 8. Each database shall have runs numbered in sequential order starting with one (1). The operator shall proceed to the next run number whenever the camera is withdrawn regardless of the reason, encounters the next manhole, next cleanout or when a run is terminated. Digital video files (one for each run) shall conform to the indexing system with each file being designated by concatenating the database number with the run number (i.e.: 1179-01.WMV would designate the first run on database number 1179). If such naming by the Contractor is found to be technically unfeasible, the Contractor shall deliver the files, along with any tabular information that would be necessary for the City to automate the file naming process. Any file naming convention that does not conform to the aforementioned requirements is subject to prior approval of the City. 9. Prior to the commencement of work, the Contractor shall demonstrate to the City the procedures that shall be used for the inputting of City manhole numbers, run numbers, street names, or any other data that is encoded in the video database and how the quality and uniformity of that data will be guaranteed. f. TRAFFIC CONTROL 1. Traffic control for sanitary sewer inspection shall be the responsibility of the Contractor and shall conform to the work Area Traffic Control Handbook (WATCH). Flashing arrow boards shall be used on arterial streets. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 20 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS 2. All vehicles and or towed equipment shall carry “City of Santa Ana Authorized Contractor” magnet sign affixed and visible. ATTACHMENT 6: EQUIPMNET SIGNS. 3. The Contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, including but not limited to these contract documents The Contractor shall be an independent Contractor capable of providing experienced, knowledgeable and professional staff. The Contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing levels at all times and adhere to established schedules. g. AS-NEEDED SEWER CCTV INSPECTION AND SEWER CLEANING The Contractor shall provide estimates, at the City’s request for as-needed sewer CCTV inspection and/or sewer cleaning. Work under this category shall be based upon a time and material basis using the company hourly rates. Requests for service shall be responded to within 24 hours. No work shall begin unless authorized by the City. Sewer cleaning and CCTV inspection requirements shall be as specified by the previous sections of this specification. ---End of SCOPE OF WORK Section--- City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers Page 21 EXHIBIT B CONSULTANT’S PROPOSAL  !" #$%&'()*#+&,-./001 23&# *2)'4")$5 3 6)#)&782259:;7#< 4$)&7&%=>7)$>'?= @ '# A" A>$ BC D'">'?E-F-0-. .B00GH  !"#$%&$'(#'() Statement of Qualifications A. Cover Letter1 B. Agreement Statement2 C. Firm and Team Experience3 D. Understanding Scope of Services5 E. Relevant Project Experience9 F. Proposers References10 Attachment 1 Resumes Organizational Chart Attachment 2 Non-Collusion Affidavit Non-Lobbying Certification Non-Discrimination Certification Prevailing Wage Compliance and Monitoring Statement Fleet Compliance Certification G. Fee ScheduleSeparate Envelope Addenda Addendum 1 City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 CA #884167 1 Agreement Statement Houston & Harris, PCS, Inc. concurs with all provisions contained in the sample standard agreement attached in the appendix of the RFP (Attachment 4) including: Recitals, Scope of Service, Compensation, Term of 3 years, with the option for the City to grant up to a one (2)- years renewal, Prevailing Wages, Independent Contractor, Ownership of Materials, Insurance requirements with an understanding the insurance requirements are subject to change, Indemnification, Intellectual Property Indemnification, Records, Confidentiality, Conflict of Interest Clause, Notice, Exclusivity and Amendment, Assignment, Waiver, Termination, Non-Discrimination, Jurisdiction-Venue, Professional Licenses, and Miscellaneous Provisions. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 2 CA #884167 Firm and Team Experience Overview: Houston & Harris PCS, Inc. was established in June 1988, starting as a partnership and incorporating in 2002 for the purpose of providing quality video pipe inspection and hydro-washing of sewer, storm drain and water lines to private contractors, engineering firms, municipalities and other government agencies. With 35 years’ experience in the wastewater & public works industry, and 20 years working with the City of Santa Ana’s Public Works Agency, Houston & Harris remains committed to the continued high quality of services we’ve always provided our clients; assuring their satisfaction. Including rd a 3generation in our 35 years of existence, our staff of 25, of which one third plus have been in place for 16 to 30 years, provides combined industry experience and working relationships enabling a cohesive team to handle all our client’s needs. The proposal attachments include resumes for the project team to outline technical expertise. Specifically in Attachment 1 are resumes for Larry Houston, Brad Houston, Elizabeth Butler, Sean Sandoval, Shivon Constantine, Sergio Mora, Juan Machain, Ivan Gomez, and Miguel Barba. The organization chart, also seen in Attachment 1, outlines roles and specific percentages of the Field Personnel’s time devoted to this project. Larry Houston, is the Principal agent and the primary contact to represent Houston & Harris, PCS, Inc. on this project. Contributing to Houston & Harris, PCS, Inc. is over 20 years of working with the City of Santa Ana Public Works Agency. Starting in 2003, Houston & Harris has hydro-cleaned and provided CCTV inspection to over 5 million feet of Santa Ana sewer mains and over 2,800 manhole inspections with consistency and efficiency. Additionally, Houston & Harris, PCS, Inc. has responded to approximately 28 emergency call outs, including working closely with the City of Santa Ana’s Public Works Agency response to Tropical Storm Hilary. As has been demonstrated with the City of Santa Ana since 2003, Houston & Harris, PCS, Inc. experience also ensures: Safety and Compliance Adherence to Safety Protocols- Safety is paramount. We will strictly adhere to all safety protocols, including traffic control, confined space procedures, and emergency response. Regulatory Compliance- All work will be performed in compliance with local, state, and federal regulations. Reporting and Documentation Regular Updates- The City will be kept informed with regular progress reports. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 3a CA #884167 Firm and Team Experience Complete Documentation- Upon completion of each Task Order, comprehensive documentation detailing the work performed, safety compliance, and any recommendations for future maintenance will be provided. Quality Control and Assurance Continuous Monitoring- Quality control will be an ongoing process, with regular inspections and assessments to ensure adherence to project specifications and standards. Feedback and Improvement- We welcome feedback from the City and will incorporate it into our continuous improvement process. Staffing & Equipment: Houston & Harris PCS, Inc. owns and operates six Vactor 2100 Series Combination Cleaning Units and one Vactor Ramjet for hydro-cleaning, debris removal and Hydro- excavating projects. Two of those units are equipped with specialized recycling equipment allowing the truck to recycle collected sewer water to continue cleaning, minimizing the need for the use of potable water. Vactor combination units have 9-YD and 12-YD debris tanks, Recycler units have 15-YD debris tanks along with both classes having Positive Displacement Blowers. All hydro-cleaning units have the capabilities of 80 GPM at 2500 PSI. Units can be equipped with specialized nozzles, chain flails, root saws, and flex hose for remote access or hydro-excavation attachments to handle any situation, which the client might require. Eight trained operators with a combined experience of over 120 years ensures the highest efficacy of cleaning available. In the event of an SSO, any member of this experienced team can make informed and independent decisions on the best course of action to remedy the spill quickly. With 14 NASSCO certified employees, possessing a combined 140+ years of CCTV experience, and 9 pipeline assessment vehicles, Houston & Harris possesses the skill, experience and equipment to handle any situation that may arise during the course of this project. Having previously performed numerous citywide & districtwide assessment programs, we are familiar with the complexities that may arise keeping the Houston and Harris staff’s abilities sharp, ensuring the capability to tackle out of the ordinary situations with confidence and competence. The administrative team has considerable experience in securing permits with various city departments and associated agencies such as Caltrans. Our video equipment consists of both Subsite Electronics and Envirosight camera systems. The expansive arsenal of camera and transporter combinations ensures we will always have the correct tool for the job. All of our operators are familiar with industry standards for inspection of all types of new and existing underground conduit as well as being NASSCO PACP-MACP-LACP certified. Sanitary sewers, storm drains and water lines are all within our area of expertise. Defect codes and observations are based on the needs of our industry to reflect the most comprehensive and detailed report, meeting the requirements of WDR, NPDES and City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 3b CA #884167 Firm and Team Experience municipal regulations. These reports can be modified to fit the specific needs of every client. In addition to marking defects, operators have been trained to read onsite plans and GIS maps to identify material type, pipe size, as well as, the type of structure they are entering with the camera equipment. With industry specific training, all classifications of employee undergo appropriate safety training. All field staff attend traffic control training, Confined Space Entry and Rescue training as well as CPR/First Aide training, with refresher classes scheduled at regular intervals. Some of our equipment has been modified to ensure the most efficient level of production, in conjunction with the highest quality standards. Both wheel and tractor crawlers are utilized to maximize the efficiency of pipe ranging in size from 4” – 36” in diameter. Storm drain tractors are available to handle large diameter lines from 24” – 120”. Video cable reels up to 1,600’ allow for multiple section of sewer to be inspected from one location, minimizing set up time and bypassing risky traffic conditions in busy intersections. The storm drain tractor also offers advantages of maneuverability to handle pipe containing debris or sharp radii conventional equipment cannot handle. For high flow, large diameter lines in need of a maintenance inspection, custom float boats are available, eliminating the need for a costly bypass. We use only high-resolution .2 lux color cameras to do all our video inspections. All cameras have the ability to pan and tilt with a 360-degree view of the pipe. Houston & Harris offers an IT Department of certified professionals with the ability to communicate with clients on all levels of computer knowledge. With ever changing technology, this department maintains up to date staff training on technical procedures and software. We offer clients the choice of multiple software platforms, including infraMAP®. The IT department reviews every video inspection performed to certify the final product to the city is the highest quality, most accurate video available. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 4 CA #884167 Understanding Scope of Services Understanding Scope of Services Overview: As outlined in Attachment 1 of the RFP, Houston & Harris, PCS, Inc. is prepared to deliver on all aspects of needs associated with the approximately 400 miles of sewer mains, two sewer lift stations, 48,500 sewer laterals, and 8,500 sewer manholes that are used to convey all sewer from the City to the Orange County Sanitation District system and ensure the city is in compliance with the State’s waste discharge requirements of maintaining the sanitary system in good repair. Sewer Cleaning: We acknowledge and accept the specified conditions outlined for the cleaning and CCTV inspection of sewers as part of the project scope. Our team is committed to ensuring that all sewers are cleaned thoroughly within 24 hours prior to conducting CCTV inspections, except when otherwise directed by the Engineer. Our cleaning process will comprehensively remove grease, roots, debris, and other obstructions to facilitate seamless CCTV inspection. We understand that all costs associated with the cleaning of sewers and sewer manholes, including water usage and fees related to obtaining and securing a hydrant water meter from the City, shall be our responsibility. We will adhere to the requirement of returning the water hydrant meter to the City every six months. Our team is equipped with a variety of nozzles and cutter heads, including high-velocity water jets and root cutters, to address the specific cleaning needs of each sewer section. We are committed to employing cleaning methods that will ensure the pipe is sufficiently clear to allow the camera to pass through and accurately document the structural and operational condition of the pipe. Should any CCTV inspection work be necessitated due to our failure to adequately clean the main, we understand that the associated costs will be borne entirely by our company. We will utilize a tablet PC with internet access to connect to the infraMAP® software, as provided by the City, to record the location of the cleaning operation and the conditions encountered for each cleaned section of sewer main. Our team will undergo training provided by the City to ensure proficient use of the infraMAP® software. Upon completion of designated work areas, digital video, logs, and other materials will be delivered as required. We understand that the City will use the comprehensiveness of the cleaning reports and the cleanliness of the pipe, as evidenced by the supplied video, to evaluate whether the pipe was cleaned sufficiently. We are aware that any costs related to re- cleaning an unreported or insufficiently cleaned main will be our responsibility. Sewer Main Television Inspection: We confirm our capability to conduct all CCTV inspections using WinCan VX Expert software for pipe survey reporting, ensuring detailed and standardized documentation of the sewer conditions. Our equipment is specifically designed for sewer inspection and adheres to the requirements outlined. We utilize cameras with optimal illumination and rotational abilities to maintain focus on the sewer's periphery, ensuring comprehensive inspection regardless of pipe diameter. We City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 5a CA #884167 Understanding Scope of Services employ advanced cable footage counters for precise measurement documentation, displayed and recorded as per specifications. Our system integrates all required data overlays, including date, time, location, flow direction, and pipe size, ensuring legibility and accuracy in reporting. Each inspection will commence with a view of the open manhole, proceeding downstream unless otherwise directed or approved by the City. We are committed to uninterrupted recording in compliance with the project specifications. Houston & Harris, PCS, Inc. has 14 technicians with NASSCO certification, and all technicians assigned to the City of Santa Ana will have over two years of experience. We will provide the City with their qualifications and sample videos for approval before project commencement, ensuring compliance with the City's standards. During inspections, our technicians will provide detailed audio records and computerized assessments, identifying all relevant features and conditions within the sewer system, adhering to the comprehensive logging requirements. We will fully engage with the infraMAP® software for access to the City's sewer system maps and data, ensuring precise location tracking and documentation. Our team will undergo City-provided training for proficient use of infraMAP®. Should field conditions deviate from provided maps or undocumented manholes are discovered, we will promptly report these discrepancies to the City for resolution and map updates, adhering strictly to the designated naming conventions. In line with NASSCO guidelines, our camera operations will thoroughly document and rate all defects, ensuring complete rotational and tilt coverage for a detailed assessment of the sewer conditions. Our inspection protocol includes stopping and analyzing unusual or uncommon conditions, maintaining high video quality throughout the inspection process. The audio narration accompanying our video inspections will be clear, free from interference, and include comprehensive descriptions of line conditions and sewer main locations, enhancing the understanding of the sewer system's state. In cases where the camera cannot pass through a sewer reach, we will inspect from both directions and immediately notify the City of any obstructions for prompt resolution, ensuring the continuity of the inspection process. We understand the importance of high-quality video runs and will ensure that all footage is free from condensation, submersion, or any quality impairments, ready to re-inspect at our expense if deemed necessary by the City. When required by the City, we will manage sewer flows by plugging manhole outlets to facilitate effective CCTV inspections, ensuring the sewer lines remain in service without disruption. We are prepared to conduct inspections during low-flow periods, including nighttime hours between 10 p.m. and 5 a.m., to accommodate high-volume flows without additional cost adjustments. Upon notification from the City, we will commence the specified CCTV inspections within five (5) working days, diligently pursuing completion to meet the project timelines and requirements. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 5b CA #884167 Understanding Scope of Services We acknowledge the requirement to utilize WinCan VX Expert software for all CCTV inspection and pipe survey reporting activities. Our team is proficient with WinCan VX, ensuring that we can deliver comprehensive, standardized reports that align with the City's expectations for documentation and analysis of sewer conditions. Our approach includes: Training and Expertise-Our technicians have undergone extensive training in WinCan VX Expert software, ensuring they are adept at leveraging all its features to accurately capture and report sewer system data. Data Integrity- We commit to maintaining the highest standards of data integrity and detail in our reports, utilizing WinCan VX Expert’s robust capabilities for data analysis, visualization, and reporting. Custom Reporting- Understanding the City's specific needs, we are prepared to customize our WinCan VX reporting formats to align with any particular data presentation or analysis requirements the City may have. Demonstration of Compliance- If requested by the City, we are ready to demonstrate the adequacy of our proposed equipment and the resulting video and assessment logs through a pre-contract demonstration, fully bearing the costs associated with this demonstration. Sewer Manhole Inspection: In compliance with the project specifications, we will perform all sewer manhole assessment inspections in accordance with the NASSCO Manhole Assessment Certification Program (MACP) Level I standards. Our commitment is to ensure that every aspect of the MACP Level I guidelines is meticulously followed, utilizing valid MACP defect codes for a comprehensive and standardized assessment. For each manhole inspection, we will include a precise depth measurement from the top of the manhole to the bottom of the channel, taken from the center of the manhole. This measurement will be detailed in inches, providing an accurate assessment of the manhole's depth for effective analysis and reporting. Our digital reporting for sewer manholes will adhere to the MACP Level I requirements and will include additional details as outlined: Digital Report Format- All reports will be provided in PDF format, ensuring accessibility and ease of review. Comprehensive Information- Each report will contain the following information as a minimum requirement: a. Date and time of inspection to document the specific timeframe of the assessment. b. Name of our company as the Contractor performing the inspection. c. Names of the operating technician/inspector involved in the assessment to ensure accountability and traceability. d. Pipe size, material, and the total length of the inspected segment for a complete understanding of the infrastructure. e. Number and street or intersection location along with the City designated number for the starting manhole, providing a clear starting point for the inspection. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 6a CA #884167 Understanding Scope of Services f. Number and street or intersection location along with the City manhole number for the ending manhole, indicating the conclusion of the inspection path. g. Direction of inspection (upstream or downstream) to understand the flow and layout of the sewer system. h. The database number for integration and correlation with the City’s infrastructure database. i. NASSCO rating scores, including Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR), and Overall Pipe Rating (OPR), offering a detailed structural and maintenance assessment. j. Detailed observations, comments, and recommendations, with laterals referenced to the footage counter and video clock (tape counter), ensuring a thorough documentation of the inspection findings. k. Pipe segment iWaterID for accurate identification and tracking within the City’s infrastructure management system. Our approach guarantees that all manhole assessments will be conducted with the highest level of detail and precision, adhering to NASSCO standards and the specific requirements of this project. We are dedicated to providing the City with accurate, actionable data to support effective maintenance and management of the sewer system. Sewer Lateral Inspection: Houston & Harris, PCS, Inc. will provide inspection of sewer lateral lines via a main line launched lateral camera, following all Sewer Main Television protocols previously explained above. Data Submission Requirements: Visual Inspection and Digital Encoding- We understand the requirement to conduct visual inspections, digitally encode videos in WMV format (or another mutually agreed upon format), and provide digital logs in PDF format for all inspected sewers. We will ensure that the log and video formats meet the City's approval before we commence any work, adhering to the specified standards for clarity, focus, and freedom from image distortions that could impede the evaluation of the pipe's condition. Cloud Submissions and Digital Encoding Settings- Our team is prepared to comply with the City's specifications for digitally encoded video compression in WMV format. We will provide the City with access to a 1 terabyte Webflex Seat account through WinCan for cloud submissions. The naming conventions for digital video files, Microsoft Access Database files, and PDF report files stored on the cloud will be established in accordance with the City's requirements prior to starting the project. Microsoft Access Database and PDF Logs- We will supply the City with a separate Microsoft Access database file City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 6b CA #884167 Understanding Scope of Services for each set of digital video as specified, alongside copies of logs in PDF format. The database will include: An Inspection Table detailing run numbers, operator names, inspection dates, weather conditions, City-supplied database numbers, and comprehensive details about the starting and ending points of the inspection, including manhole IDs, sewer numbers, materials, diameters, and lengths; and Assessment Table documenting observations, including run numbers, footage, assessment codes and translations, remarks, and clock positions. We will ensure that all tabular formats adhere to the City of Santa Ana approved specifications. Submission Timeline and Retention of Copies- All videos and electronic reports will be submitted to the City within 15 calendar days following the completion of each task. We commit to retaining copies of all digital videos and logs for the duration specified in the agreement and will provide additional copies to the City as needed, understanding the volume of video to be reviewed and the potential for delayed requests from the City for replacement data or video. Database and Digital Media Labeling- Our databases will be numbered sequentially, with each deliverable video recording reflecting a unique number to differentiate each video. This numbering will start as specified by the City and will be meticulously tracked by our team. We will adhere to any changes in the sequence number communicated by the City. All digital media delivered to the City will be labeled with comprehensive information, including street names or locations, inspection limits, dates of inspection, and database numbers, ensuring clear identification and ease of reference for the City. We are fully committed to meeting the City's data submission requirements with diligence and accuracy, ensuring a smooth and efficient process for documenting and reviewing the inspected sewers' conditions. Our commitment to adhering to the specified database management and digital video file naming conventions is unwavering. We understand the importance of these protocols in maintaining an organized, accessible, and efficient documentation system for the City's sewer inspection project. The following outlines our approach: Sequential Run Numbering and Video File Indexing- We acknowledge the requirement for each database to have runs numbered sequentially, beginning with one. Our operators are instructed to advance to the next run number whenever the camera is withdrawn for any reason, encounters the next manhole or cleanout, or when a run is terminated. This procedure ensures continuity and systematic documentation of the inspection process. Digital Video File Naming Convention- In compliance with the project specifications, digital video files will be named by combining the database number with the run number, adhering to a clear and consistent format. This indexing system will facilitate easy identification and access to specific video runs within the database. Technical Feasibility and File Naming Automation- Should we encounter any technical challenges that render the specified naming convention unfeasible, we are prepared to deliver the files along with the necessary City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 7a CA #884167 Understanding Scope of Services tabular information to enable the City to automate the file naming process efficiently. We understand that any deviation from the outlined naming convention requires the City's prior approval, and we are committed to ensuring full compliance with these requirements. Demonstration of Data Input Procedures- Before commencing work, we will provide the City with a detailed demonstration of our procedures for inputting crucial data into the video database, including City manhole numbers, run numbers, street names, and other relevant information. This demonstration will cover: data encoding practices- how we plan to encode and integrate essential data within the video database to ensure accuracy and completeness; quality and uniformity assurance- the measures we will implement to guarantee the quality and uniformity of the encoded data, preventing discrepancies and ensuring consistency across all digital files; review and approval process- opportunities for the City's review and feedback on our data input procedures to ensure they meet the project's standards and requirements. Comprehensive Information- Each digital report will contain the following information as a minimum requirement: a. Date and time of inspection to document the specific timeframe of the assessment. b. Houston & Harris, PCS, Inc. as the Contractor performing the inspection. c. Names of the operating technician/inspector involved in the assessment to ensure accountability and traceability. d. Pipe size, material, and the total length of the inspected segment for a complete understanding of the infrastructure. e. Number and street or intersection location along with the City designated number for the starting manhole, providing a clear starting point for the inspection. f. Number and street or intersection location along with the City manhole number for the ending manhole, indicating the conclusion of the inspection path. g. Direction of inspection (upstream or downstream) to understand the flow and layout of the sewer system. h. The database number for integration and correlation with the City’s infrastructure database. i. NASSCO rating scores, including Quick Structural Rating (QSR), Quick Maintenance Rating (QMR), Structural Pipe Rating (SPR), Maintenance Pipe Rating (MPR), and Overall Pipe Rating (OPR), offering a detailed structural and maintenance assessment. j. Detailed observations, comments, and recommendations, with laterals referenced to the footage counter and video clock (tape counter), ensuring a thorough documentation of the inspection findings. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 7b CA #884167 Understanding Scope of Services k. Pipe segment iWaterID for accurate identification and tracking within the City’s infrastructure management system. Traffic control: We fully acknowledge that the responsibility for traffic control during sanitary sewer inspections rests with us, the Contractor. Our traffic control measures will strictly adhere to the guidelines set forth in the Work Area Traffic Control Handbook (WATCH). We understand the importance of ensuring the safety and efficiency of traffic flow around work areas, particularly on arterial streets where we will deploy flashing arrow boards to alert and guide vehicular traffic safely around our operations. In compliance with the project specifications, all our vehicles and towed equipment involved in the project will prominently display "City of Santa Ana Authorized Contractor" magnet signs. These signs will be affixed in visible locations to ensure clear identification of our equipment and personnel as authorized entities working within the City. We will refer to ATTACHMENT 6: EQUIPMENT SIGNS for specific guidelines on the design and placement of these signs. We are committed to conducting our operations within the framework of all applicable federal, state, and local laws, rules, regulations, ordinances, and statutes. Our adherence to these legal and regulatory requirements is paramount, ensuring that our work on this project is not only compliant but also upholds the highest standards of professional conduct. As an independent Contractor, we bring a team of experienced, knowledgeable, and professional staff dedicated to delivering high-quality services. Our commitment extends to being responsive and maintaining excellent working relationships with all stakeholders, including city residents, businesses, government officials, and City staff. We guarantee adequate staffing levels to meet the project's demands and will strictly adhere to established schedules. Our project management team will ensure that our workforce is well-coordinated and that all project milestones are met within the agreed timelines, minimizing disruptions to the community and ensuring the smooth progression of the project. In summary, our approach to traffic control, equipment signage, legal compliance, and professional conduct is designed to meet the City's requirements and exceed expectations. We look forward to contributing our expertise to the sanitary sewer inspection project while ensuring safety, efficiency, and positive community relations. As-needed sewer CCTV inspection and sewer cleaning: Houston & Harris, PCS, Inc. will provide estimates as requested for as-needed sewer CCTV inspection and/or sewer cleaning. Tasks completed as-needed will be based on time and material using company hourly rates. As-needed requests will be responded to within 24 hours upon authorization by the City and following all previously outlined specifications. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 8 CA #884167 Relevant Project Experience City of Santa Ana 220 S. Daisy Ave., M-85 Santa Ana, CA 92703 Kathia Reyes- 714-647-3319 From 2003 through 2022 Houston & Harris, PCS, Inc. was contracted by the City of Santa Ana Public Works Agency. This contracted relationship allowed Houston & Harris, PCS, Inc. to work closely with the City of Santa Ana, serving as an extension of the City’s resources, with the shared goal of seamlessly executing the annual sewer cleaning and CCTV inspection goals. Throughout the last 20 years Houston & Harris PCS, Inc. has become familiar with city’s sanitation system, data management software and personnel allowing for efficient communication between all parties at every level. Accumulating over 5,000,000 feet of total wash and CCTV inspection, Houston & Harris, PCS, Inc. has navigated the City’s sanitary system several times and is extremely knowledgeable of the areas that require special care or creative solutions for successful, on-time completion. Along with sewer maintenance, Houston & Harris, PCS, Inc. worked closely with City crews to aid in clean-up efforts after water main breaks and a variety of other emergencies. These efforts focus on expediting the clean up to minimize the impact to the residents of the affected area. The partnership that has been built together over the last 20 years is one that is valued by both the employees and administration at Houston & Harris. We aim tirelessly to fulfill the needs of the city, even if it does not relate to our typical services offered. When tropical storm Hillary came to California in 2023, Houston & Harris offered all available staff, including the president of the company, to aid in the filling of sandbags to help the residents of Santa Ana. In short, Houston & Harris, PCS, Inc. considers the City of Santa Ana not only a customer, but a strategic partner in ensuring the Southern California region is a great place to live. City of Orange 300 E. Chapman Avenue Orange, CA 92866 Albert Romo- 657-274-6191 Serving two consecutive 3-year contract terms, Houston & Harris, PCS, Inc. Cleaned over 3,000,000 linear feet and video inspected over 350,000 feet of sanitary sewer in the City of Orange from 2015 to 2022. During this time our firm helped the city focus their existing “hot spot” list by establishing segments which did not belong and finding other sections to be added until a comprehensive list was established. By keeping accurate records of cleaning logs, Houston and Harris was able to assist the City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 9a CA #884167 Relevant Project Experience City’s sewer department stay on track through a leadership change, ensuring maintenance goals were not missed during the onboarding process of the new team lead. City of Placentia 401 E. Chapman Placentia, CA 92870 Joel Cardenas- 714-920-8859 Currently working on year 3 of the second consecutive 5-year contract, Houston & Harris, PCS, Inc. has cleaned nearly 2,000,000 linear feet and video inspected over 500,000 feet of the City’s sanitary sewer system. Without a data management system in place, Houston and Harris has taken the lead on digitizing cleaning and video reports into a searchable database to allow city personnel to quickly and easily access maintenance record. This has again assisted in the lead transition after the retirement of a long-term sewer lead. Here a “hot spot” list has also been established and is cleaned quarterly. The City of Placentia does not operate its own water company, making coordination through multiple, independent agencies extremely important, ensuring equipment is in place when maintenance efforts are scheduled. Recently, Houston & Harris has also taken the lead on the scheduled maintenance of the sewer lift stations within the city. Jurupa Community Services District 11201 Harrel Street Mira Loma, CA Ashish Marwah- 951-685-7434 x 147 In 2021, Jurupa Community Services District announced a need to quickly Clean and Inspect their entire sanitary system of 2,062,113 linear feet. This work was to be broken into 5 individual contracts in two cities with overlapping timelines. Houston & Harris was awarded all five contracts, delivering the final product on time, and within budget. The project offered Houston & Harris plenty of “firsts” within the scope of the work. With a phone app-based tracking system to AI software screening each sewer segment, these contracts highlighted the importance of having a highly skilled and trained IT team. After each sewer inspection underwent a quality control check, the data was prepped for upload. Thousands of sewer inspections were remotely uploaded to the districts servers where the inspections went through another check through an engineered AI program to check for accuracy. The acceptance of each inspection was no small feat, and serves as a testament to the accuracy of the 14 NASSCO certified inspection technicians who played a pivotal role in the timely completion of these projects. City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers P.O. Box 10367 San Bernardino, CA 92423 909-422-8990 9b CA #884167 CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS APPENDIX ATTACHMENT 3: PROPOSER’S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference a City of Santa Ana Kathia Reyes l Customer Name:___________________________Contact Individual: ____________________________ ________________________________ l 220 S. Daisy Ave., M-85 y Phone Number: Contract Amount: Address: _________________________________ _____ _ Santa Ana, CA 92703 _ $ ________________________________Facsimile Number: ____________________________ __ _ 2003 through 2022 $300,000 -$400,000 Annually Contract Amount: __________________________Year: ______________________________________ __ _ ______ Description of supplies, equipment, or services provided: ______________ Provide Hydro-Washing & CCTV Inspections of over 5,000,000LF of sanitary sewer mains and over 2,800 sewer manhole inspections as well as _ providing as needed emergency services. _ Reference _ City of Orange Albert Romo Customer Name:___________________________Contact Individual: ____________________________ _ 300 E. Chapman Avenue Phone Number: ____ Address: __________________________________ __ Orange, CA 92866 Facsimile Number: ____________________________ __ 2015 through 2022 _ _ Year: ______________________________________ __ ______ _ _____________ Provided Hydro-washing of over 3,000,000 LF and over 350,000 LF of CCTV Inspections throughout the city's sanitary sewer system as well as _ providing quarterly and bi-annual high frequency cleaning to assist in preventing sanitary sewer overflows. _ Reference _ Joel Cardenas City of Placentia Customer Name:___________________________Contact Individual: ____________________________ _ 401 E. Chapman Ave., 714-920-8859 Address: _________________________________ Phone Number: ______________________________ _ Placentia, CA 92870 ________________________________Facsimile Number: ____________________________ _ 2016 - Ongoing $202,967 - $197,356 Annually Contract Amount: __________________________Year: ______________________________________ _ Description of supplies, equipment, or services provided: Provide Hydro-washing of nearly 2,000,000 LF and CCTV Inspection of over 5000,000 LF of sewer mains as well as provide quarterly "hot spot" _ cleaning and emergency response to sanitary sewer overflows. _ _ City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers 10a ______ Page 24 Description of supplies, equipment, or services provided: CITY OF SANTA ANA RFP NO.: 24-003 CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS Reference Jurupa Community Services District Asish Marwah Customer Name:___________________________ Contact Individual: ____________________________ 202 11201 Harrel Street951-685-7434 x 147 Address: _________________________________Phone Number: ______________________________ 1 0 202 Mira Loma, CA 91752 ________________________________Facsimile Number: ____________________________ 3 Contract Amount: Year: __ _____ _ _ _ Provided a complete sanitary sytem evaluation consisting of hydro-wash and CCTV iinspection of 2,062,113 LF through two cities ___ _ _____________________________ over 5 seperate contract tasks. _ _ _ _ THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. _ PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.________________ Description of supplies, equipment, or services provided: City of Santa Ana RFP 24-003 Closed Circuit Television (CCTV) Inspection of Sanitary Sewers 10b Page 25 Attachment 1 Resumes Organizational Chart Larry Houston lhouson@houstonandharris.com (909) 721-1756 Summary of Qualifications Over 35 years of work experience in the construction industry. Possess a California A- General Engineering Contractor’s License and D-38 Sand & Water Blasting Contractor’s License. Principal contracting experience includes sewers, water lines, pipelines & other systems for the transmission of petroleum and other liquid or gaseous substances, grading, trenching, paving and surfacing work, cement and concrete works in connection with the above mentioned fixed works. Extensive experience in managing information for decision making and results. Skilled as a first responder and in practicing safe workplace protocols. Excellent background in collaborating on cross-functional teams, effectively manage stress, and managing information in a fast-paced environment. Excellent written and spoken communication skills. Certifications July 2006– California A General Engineering Contractors License #884167 July 2006- California Contractors State License #884167 D38-Sand and Water Blasting California Commercial Drivers License March 2001– University of California Riverside Health and Safety Hazwoper NASSCO Certified Confined Space Certified CPR/First Aid Certified January 1995– Vactor Vehicle Maintenance February 1993– San Bernardino County Forestry and Fire Warden Department Emergency Vehicle Operations April 1992– EnviAlert Tank Wach II March 1991– Pollulert Installation December 1990– California State Fire Marshall Fire Control III 1988– California State Fire Marshall Fire Control III January 1987– San Bernardino County Forestry and Fire Warden Department Emergency Vehicle Operations Professional Experience Houston and Harris PCS2002-present General Manager, President Responsibilities: Provide California Contractor bonding for all contracts; provide daily oversight for all field operations; conduct site reconnaissance; develop and execute business plan; manage information and integrate work across relevant areas; ensure a collaborative team environment; contract liaison for Coachella Valley Water District, City of Newport Beach, City of Buena Park, City of Santa Ana, City of Placentia, City of Orange, City of Beaumont, City of Redlands, Home Gardens Sanitary District, Edgemont Community Services District. Houston and Harris PCS2000-2002 CCTV Inspection Operator Responsibilities: Provide exceptional service to internal and external customers; collaborate with management to ensure smooth, innovative operations; California Commercial driver; CCTV inspection of storm drain, sewer, and water lines; WinCan Version 8 digital imaging; PACP/MACP Universal Coding Certification; quality control, data backup, data tracking, data processing, delivery of MPEG & JPEG videos; demonstrate strong work ethic, leadership and interpersonal skills; effectively managed stress in a fast-paced environment; implemented emergency procedures; ensure a collaborative team environment. Houston and Harris PCS1992-2000 Combination Cleaning Truck Operator Responsibilities: California Commercial driver; Storm drain, sewer line, water line, wet well, dry well, sand filter, catch basin, culvert box cleaning; utilize chain flails, root saws and high pressure nozzles for debris removal; ensure compliance with EPA, SSMP and BMP standards. Brad Houston bhouson@houstonandharris.com (909) 721-2708 Summary of Qualifications Over 17 years of work experience in the construction industry. Principal experience includes sewers, water lines, pipelines, grading, and trenching. Demonstrated experience in small business ownership; developed and implemented a business plan and all management functions associated with owning and operation of a successful small business; experience in e- commerce, and customer relations; Extensive experience in managing information for decision making and results. Skilled as a first responder and in practicing safe workplace protocols. Excellent background in collaborating on cross-functional teams, effectively manage stress, and managing information in a fast-paced environment. Excellent written and spoken communication skills. Certifications California Class B Drivers License University of California Riverside Health and Safety Hazwoper NASSCO Certified Confined Space Certified CPR/First Aid Certified Traffic Control and Flagger Certified AA Criminal Justice Professional Experience Houston and Harris PCS2017-present Operations Manager, Vice President Responsibilities: Provide daily oversight for all field operations; conduct site reconnaissance; develop and execute business plan; manage information and integrate work across relevant areas; ensure a collaborative team environment; contract liaison for Coachella Valley Water District, City of Palm Desert, City of Newport Beach, City of Buena Park, City of Santa Ana, City of Placentia, City of Orange, City of Beaumont, City of Redlands, Home Gardens Sanitary District, Edgemont Community Services District. Houston and Harris PCS2007-2017 CCTV Inspection Operator Responsibilities: Provide exceptional service to internal and external customers; collaborate with management to ensure smooth, innovative operations; California Class B driver; CCTV inspection of storm drain, sewer, and water lines; WinCan digital imaging; PACP/MACP Universal Coding Certification; quality control, data backup, data tracking, data processing, delivery of MPEG & JPEG videos; demonstrate strong work ethic, leadership and interpersonal skills; effectively managed stress in a fast-paced environment; implemented emergency procedures; ensure a collaborative team environment. Houston and Harris PCS2007-2017 Combination Cleaning Truck Operator Responsibilities: California Class B driver; Storm drain, sewer line, water line, wet well, dry well, sand filter, catch basin, culvert box cleaning; utilize chain flails, root saws and high pressure nozzles for debris removal; ensure compliance with EPA, SSMP and BMP standards. Elizabeth Butler 909-422-8990 ebutler@houstonandharris.com PROFESSIONAL SUMMARY Over 20 years of work experience in the construction industry. Over 30 years of work experience in accounting and office management. Principal work experience includes human resources, accounting, and computer software. Possess additional experience in contract management, accounts receivable and accounts payable. Key Strengths Over 35 years of Clear understanding Design & overall experienceof daily businessmaintenance of office operationsgeneral accounting systems for financial decisions PROFESSIONAL EXPERIENCE Houston & Harris PCS 2002- Present Office Manager Oversee daily organizational operations Review and monitor contracts, loans, leases, capital purchases and joint ventures Monitor occupational safety and safe work practices Ensure appropriate professional development training opportunities for staff Monitor work plans and schedules using standardized processes Monitor compliance with Federal and State statutes, including Generally Acceptable Accounting Principles Oversee all aspects of financial reporting, including sales, costs, expenses and profits Support development of competitive bid preparation and timelines Ensure maximum organizational potential through customer satisfaction Evaluate organizational performance Monitor cash flow and operational expenses Implement internal control measures Evaluate staff EDUCATION Accounting and Computer Programming Shivon Constantine 909-422-8990 sconstantine@houstonandharris.com PROFESSIONAL SUMMARY Over 20 years of work experience in the construction industry. Over 20 years of work experience in payroll and human resources management. Principal work experience includes human resources, weekly corporate payroll, Prevailing Wage computation, documentation and DIR reporting, employee benefits, insurances, retirement funds and overseeing paid time off. Possess additional experience in leadership development. Key Strengths Over 20 years of Clear understanding Design & overall experienceof Prevailing Wagemaintenance of computation andhiring practices to managementensure compliance with all relevant statute PROFESSIONAL EXPERIENCE Houston & Harris PCS 2002- Present HR and Payroll Manager Oversee daily human resources and payroll operations Maintains Prevailing Wage documentation and DIR reports Maintains updated status on personnel related statute Review and monitor contracts, loans, leases, capital purchases and joint ventures Monitor occupational safety and safe work practices Ensure appropriate professional development training opportunities for staff Monitor work plans and schedules using standardized processes Monitor compliance with Federal and State statutes, including labor and wage Oversee all aspects of payroll reporting Ensure maximum organizational potential through customer satisfaction Evaluate organizational performance Evaluate staff EDUCATION Bachelor of Science- Psychology- Hayward University Continuing Education in Prevailing Wage law CPR/First Aid Sergio Mora 909-422-8990 smora@houstonandharris.com PROFESSIONAL SUMMARY Over 20 years of work experience in the construction industry, with an emphasis on information management and technology. Principal work experience includes all aspects of employee software training, data base processing, and quality control for deliverables regarding sewer, water line & pipeline video and cleaning services. Possess additional experience in providing technical assistance and management of hardware and software. Key Strengths A+ Certification Bilingual Spanish & Certified NASSCO Englishtrainer PROFESSIONAL EXPERIENCE Houston & Harris PCS 2002- Present Quality Control & Information Technology Manager Provide training using Wincan, Windows, and NASSCO Evaluate, create, and process, voice, video, and data transmissions Monitor organizational networks, features and applications Evaluate, select, and deploy a variety of network architectures and protocols Develop conversions for deliverables Provide quality control for contracted projects, including, but not limited to, Coachella Valley Water District, City of San Diego, City of Chino Hills, City of La Mesa, City of Buena Park, City of Fontana, City of Santa Ana, and Home Gardens Sanitary District Develop policies and procedures for routine information technology administration Monitor common network risks and entrance points including internal and external risks, and the implement the tools to neutralize the risks Implement common techniques for disaster prevention and recovery EDUCATION Bachelors Degree- Information Technology ITT TEch Sean Sandoval 909-422-8990 ssandoval@houstonandharris.com PROFESSIONAL SUMMARY Over 20 years of work experience in the construction industry, with an emphasis health and safety. Principal work experience includes all aspects of employee safety training, and related equipment quality control for field staff, including proactive risk assessment, and identification of potential safety hazards. Possess additional experience in providing technical assistance and management of hardware and software. Key Strengths Over 17 years of Hazwoper Certified NASSCO Certified OSHA aligned responsibilities PROFESSIONAL EXPERIENCE Houston & Harris PCS 2020- Present Safety Officer Create and implement organizational safety plans Provide organizational safety training to staff Create and implement risk assessment tools File safety reports Develop policies and procedures for safety protocols Implement common techniques for injury prevention Evaluate staff compliance with stated health and safety policy CERTIFICATIONS Hazwoper NASSCO Confined Space Entry Operations/Rescue CPR/First Aid Traffic Control and Flagger  !"#$!%&'((!")*++,%-.!&*+! Frank Tellez, 2001 to present Traffic Control & Flagger Certified •Video & Vactor Operator• •NASSCO Certified•Certified in Confined Space Entry, Operations/Rescue •Hazwoper Certified • CPR/First Aid Alex Leandro, 2004 to present •Vactor Operator•Certified in Confined Space Entry, Operations/Rescue •CPR/First Aid •Traffic Control & Flagger Certified Juan Machain, 2005 to present •Vactor Operator Certified in Confined Space Entry, • •CPR/First Aid Operations/Rescue •Traffic Control & Flagger Certified Juan Chavez, 2006 to present Certified in Confined Space Entry, Operations/Rescue Vactor Operator Operations/Rescue CPR/First Aid OSHA 10 Certified Traffic Control & Flagger Certified Richard Dion, 2021to Present Vactor & Video OperatorNASSCO Certified P.O Box 10367 San Bernardino, CA 92423 909-422-8990 P CA #884167  !"#$!%&'((!")*++,%-.!&*+! Kevin Gomez, 2017 to Present Certified in Confined Space Entry, Operations/Rescue Video Operator OSHA 10 Certificate NASSCO Certified Laborer CPR/First Aid Traffic Control & Flagger Certified Ivan Gomez, 2017 to Present CPR/First Aid Video Operator NASSCO Certified Certified in Confined Space Entry, Operations/Rescue Hazwoper Certified Traffic Control & Flagger Certified Christian Perdomo, 2020 to Present •Video Operator•CPR/First Aid •NASSCO Certified•Traffic Control & Flagger Certified •Laborer Miguel Barba, 2020 to Present CPR/First Aid Video Operator Traffic Control & Flagger Certified NASSCO Certified Javier Rodriguez, 2021 to Present •Video Operator•CPR/First Aid •NASSCO Certified•Traffic Control & Flagger Certified P.O Box 10367 San Bernardino, CA 92423 909-422-8990 P CA #884167 Houston & Harris PCS, Inc. Organization Chart Larry Houston President / General Manager EstimatingElizabeth ButlerSergio Mora Sean Brad HoustonShivon Brad HoustonOffice/ ContractIT & QC Sandoval Vice-President Constantine Manager Manager Inventory & Operations ManagerHR & Payroll Safety Officer 10%40% Manager Scheduling 5% 25% Marlene GarciaBryan Cortez Gustavo Pineda Office AssistantQC Supervisor Payroll Assistant Field Personnel CCTV Operator Jesse Becerra 100% QC Technician Hydro-wash Operator 100% Attachment 2 Non-Collusion Non-Lobbying Certication Non-Discrimination Certication Prevailing Wage Compliance and Monitoring Statement Fleet Compliance Certication EXHIBIT C COMPENSATION Fee Proposal including hourly rates if applicable Finance and Management Services www.santa-ana.org/finance Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Bond Counsel and Disclosure Counsel Related to Water Revenue Bonds AGENDA TITLE Legal Services Agreement with Best Best & Krieger LLP for Bond Counsel and Disclosure Counsel for Potential Water Enterprise Revenue Bond Issuance (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Best Best & Krieger LLP for bond counsel and disclosure counsel services related to a potential water enterprise revenue bond issuance for a not-to-exceed amount of $88,000 for a term expiring September 30, 2025 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The City’s 2019 Water Enterprise rate study indicated the future need to issue debt and raise capital for improvements to the City’s water delivery system. Over the last several years, the Water Enterprise has been making progress on improvements, such as well rehabilitation, pump stations, and the Advanced Metering Infrastructure (AMI) project. Following an updated analysis by the water rate study consultant, it has been determined that at least $30 million in additional capital is needed to maintain the delivery of vital water projects. The water enterprise has existing revenue bonds issued in 2014, which refunded 2004 bonds and provided additional capital for improvement projects. The potential 2024 revenue bonds would likely refund the 2014 bonds and provide the additional capital. In preparation of funding future improvements via a bond, the City is gathering a bond team. Best Best & Krieger LLP (BBK)’s attorneys are experienced to provide the services and have worked on past City bond issuances. The City’s Financial Advisor, Urban Futures, Inc., has compared the proposed fees to recent bond issuances for other agencies and found them to be competitive. If bonds are issued, BBK’s fees will be paid from bond proceeds. If bonds are not issued, the Water Enterprise will be Bond Counsel and Disclosure Counsel for Potential Water Enterprise Revenue Bonds April 2, 2024 Page 2 obligated to pay BBK $25,000 plus up to $3,000 of out-of-pocket expenses for services rendered. Staff expects to bring a bond issuance proposal to the City Council over the next several months. Bonds cannot be issued without City Council approval. FISCAL IMPACT If bonds are issued, bond counsel and disclosure counsel will be paid from bond proceeds. If no bonds are issued, the Water Enterprise will pay up to $28,000 from account 06017645-62300 (Water Admin & Engineering, Contract Services- Professional). EXHIBIT(S) 1.Agreement Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Tom Hatch, Interim City Manager LEGAL SERVICES AGREEMENT WITH BEST BEST & KRIEGER LLP oe Uijt!BHSFFNFOU-!nbef!boe!foufsfe!joup!uijt!3!ebz!pg!Bqsjm-!3135-!cz!boe!cfuxffo!!Cftu!Cftu! '!Lsjfhfs!MMQ!)”Cpoe!Dpvotfm•*-!boe!uif!Djuz!pg!Tboub!Bob-!b!dibsufs!djuz!boe!nvojdjqbm! dpsqpsbujpo!evmz!pshboj{fe!boe!fyjtujoh!voefs!uif!dpotujuvujpo!boe!mbxt!pg!uif!Tubuf!pg!Dbmjgpsojb! )#Djuz•*/! RECITALS B/Uif!Djuz!pg!Tboub!Bob!eftjsft!up!fnqmpz!Cpoe!Dpvotfm!up!qspwjef!mfhbm!tfswjdft!eftdsjcfe!bt Ejtdmptvsf!boe!Cpoe!Dpvotfm!Tfswjdft!sfmbufe!up!b!qspqptfe!jttvbodf!gps!Xbufs!Sfwfovf Cpoet!)uif!”Cpoet•*!jttvfe!xjui!uif!qbsujdjqbujpo!pg!uif!Tboub!Bob!Gjobodjoh!Bvuipsjuz-!bt gvsuifs!efubjmfe!cfmpx/ C/Cpoe!Dpvotfm!sfqsftfout!uibu!uifz!bsf!mjdfotfe!up!qsbdujdf!mbx!jo!uif!Tubuf!pg!Dbmjgpsojb-!ibwf tqfdjbm!fyqfsjfodf!boe!lopxmfehf!sfmbufe!up!benjojtusbujwf!boe!mjujhbujpo!nbuufst!dpodfsojoh uif!bcpwf!tfswjdft-!boe!eftjsf!up!voefsublf!tvdi!tfswjdft/ OPX!UIFSFGPSF-!jo!dpotjefsbujpo!pg!uif!nvuvbm!boe!sftqfdujwf!qspnjtft-!boe!tvckfdu!up!uif! ufsnt!boe!dpoejujpot!ifsfjobgufs!tfu!gpsui-!uif!qbsujft!bhsff!bt!gpmmpxt;! 2/SFUFOUJPO!PG!CPOE!DPVOTFM!!!Po!bo!bt.offefe!cbtjt-!boe!bu!uif!tpmf!ejtdsfujpo!pg uif!Djuz-!Djuz!ifsfcz!bhsfft!up!boe!epft!sfubjo!Cpoe!Dpvotfm-!gps!uif!dpnqfotbujpo!ifsfjobgufs tqfdjgjfe-!up!qspwjef-!boe!Cpoe!Dpvotfm!bhsfft!up!qspwjef-!mfhbm!tfswjdft!jo!dpoofdujpo!xjui!uif jttvbodf!pg!Cpoet/!!Tvdi!tfswjdft!tibmm!jodmvef!uif!sfoefsjoh!pg!mfhbm!pqjojpot!)ifsfjobgufs!dbmmfe!uif ”pqjojpot•*!qfsubjojoh!up!uif!jttvbodf!pg!uif!Cpoet!up!uif!fggfdu!uibu Uif!Cpoet!ibwf!cffo!qspqfsmz!jttvfe!boe!bsf!wbmje!boe!cjoejoh!pcmjhbujpot<!boe Uif!fttfoujbm!tpvsdft!pg!tfdvsjuz!gps!uif!Cpoet!ibwf!cffo!mfhbmmz!qspwjefe<!boe Joufsftu!po!uif!Cpoet!jt!fyfnqu!gspn!gfefsbm!hsptt!jodpnf!boe!Dbmjgpsojb!qfstpobm jodpnf!ubybujpo/ Cpoe!Dpvotfm“t!tfswjdft!xjmm!bmtp!jodmvef;! Sftfbsdijoh!bqqmjdbcmf!mbxt!boe!psejobodft!sfmbujoh!up!uif!qspqptfe!Cpoet< Buufoejoh!dpogfsfodft!boe!dpotvmujoh!xjui!Djuz!tubgg!boe!dpvotfm!sfhbsejoh!tvdi mbxt-!boe!uif!offe!gps!bnfoenfout!uifsfup-!ps!beejujpobm!mfhjtmbujpo< Qbsujdjqbujoh!jo!nffujoht-!dpogfsfodft!ps!ejtdvttjpot!xjui!boz!gjobodjbm!bewjtpst- voefsxsjufst!ps!puifs!fyqfsut!sfubjofe!cz!uif!Djuz!xjui!sftqfdu!up!uif!jttvbodf!pg uif!Cpoet< Tvqfswjtjoh!boe!qsfqbsjoh!epdvnfoubujpo!pg!uif!tufqt!up!cf!ublfo!uispvhi!uif jttvbodf!pg!uif!Cpoet-!jodmvejoh;!!)djuz!dpnnfou;!cfdbvtf!uif!bhsffnfou!jt!bmsfbez pshboj{fe!joup!ovncfsfe!qspwjtjpot-!sfdpnnfoe!uibu!uif!qpjout!cfmpx!cf!hjwfo bmqib!eftjhobujpo!ps!puifs* 1::71/11111\]53178658/2! 2 2/Esbgujoh!bmm!sftpmvujpot-!opujdft-!svmft!boe!sfhvmbujpot!boe!puifs!mfhbm! epdvnfout!sfrvjsfe!gps!uif!jttvbodf!pg!uif!Cpoet-!boe!bmm!puifs! epdvnfout!sfmbujoh!up!uif!tfdvsjuz!pg!uif!Cpoet-!jo!dpotvmubujpo!xjui! uif!Djuz-!uif!Djuz“t!gjobodjbm!bewjtps-!voefsxsjufs!boe!puifs!fyqfsut<! 3/Qsfqbsjoh!uif!sfdpse!pg!qspdffejoht!gps!uif!bvuipsj{bujpo-!tbmf!boe! jttvbodf!pg!uif!Cpoet<! 4/Bttjtujoh!jo!uif!qsfqbsbujpo!pg!uif!qpsujpot!pg!uif!pggjdjbm!tubufnfou!gps! uif!tbmf!pg!uif!Cpoet!xijdi!sfmbuf!up!uif!ufsnt!pg!uif!Cpoet!boe!uif! gjsn“t!mfhbm!pqjojpo!efmjwfsfe!xjui!sftqfdu!up!uif!Cpoet<! 5/Sfwjfxjoh!uif!qvsdibtf!dpousbdut!ps!uif!cjeejoh!epdvnfout!sfmbujoh!up! uif!tbmf!pg!uif!Cpoet!boe!qbsujdjqbujoh!jo!uif!sfmbufe!ofhpujbujpot<! 6/Qbsujdjqbujoh!jo!nffujoht!boe!puifs!dpogfsfodft!tdifevmfe!cz!uif!Djuz-! uif!Djuz“t!gjobodjbm!bewjtps!ps!uif!voefsxsjufs<! 7/Dpotvmujoh!xjui!qsptqfdujwf!qvsdibtfst-!uifjs!mfhbm!dpvotfm!boe!sbujoh! bhfodjft<! 8/Dpotvmujoh!xjui!uif!Djuz!dpodfsojoh!boz!mfhjtmbujpo!ps!mjujhbujpo!xijdi! nbz!bggfdu!uif!Cpoet-!uif!tfdvsjuz!gps!uif!Cpoet-!ps!boz!puifs!nbuufs! sfmbufe!up!uif!jttvbodf!pg!uif!Cpoet<! 9/Dpotvmujoh!xjui!boz!usvtuff!ps!gjtdbm!bhfou!gps!uif!Cpoet!boe!uifjs! dpvotfm<! :/Qsfqbsjoh!uif!gpsn!pg!uif!Cpoet-!boe!tvqfswjtjoh!uifjs!qspevdujpo!ps! qsjoujoh-!tjhojoh-!bvuifoujdbujpo!boe!efmjwfsz<! 21/Sfoefsjoh!uif!gjobm!bqqspwjoh!pqjojpo!bt!up!uif!wbmjejuz!pg!uif!Cpoet! gps!vtf!boe!ejtusjcvujpo!vqpo!uifjs!jttvbodf<!boe! 22/Sfoefsjoh!b!mfhbm!pqjojpo!up!uif!voefsxsjufs!ps!qvsdibtfs!pg!uif!Cpoet! bt!up!uif!bqqmjdbcjmjuz!pg!uif!sfhjtusbujpo!sfrvjsfnfout!pg!gfefsbm! tfdvsjujft!mbxt!boe!b!tubufnfou!bt!up!uif!gbjs!boe!bddvsbuf!obuvsf!pg! uiptf!qpsujpot!pg!uif!Pggjdjbm!Tubufnfou!eftdsjcfe!jo!)e*!bcpwf/! Cpoe!Dpvotfm!gvsuifs!bhsfft!up!qsfqbsf!uif!Pggjdjbm!Tubufnfou!boe!xjmm!qspwjef!b!mfuufs!beesfttfe!up! uif!voefsxsjufs!ps!qvsdibtfs!pg!uif!Cpoet!up!uif!fggfdu!uibu-!up!uif!cftu!lopxmfehf!pg!Cpoe!Dpvotfm-! uif!pggfsjoh!epdvnfou!)fydmvtjwf!pg!gjobodjbm-!tubujtujdbm!boe!dfsubjo!puifs!jogpsnbujpo!uifsfjo*!epft! opu!njttubuf!b!nbufsjbm!gbdu!ps!pnju!b!nbufsjbm!gbdu!sfrvjsfe!up!cf!tubufe!uifsfjo/! Gjobmmz-!jo!beejujpo!up!cpoe!dpvotfm!tfswjdft-!Cpoe!Dpvotfm!xjmm!qsfqbsf!uif!epdvnfout!ofdfttbsz!up! ftubcmjti!b!ofx!kpjou!qpxfst!gjobodjoh!bvuipsjuz!up!bdu!bt!uif!jttvfs!pg!uif!cpoet!gps!uif!cfofgju!pg!uif! Djuz!boe!boz!gvuvsf!jttvbodft!gps!uif!Djuz/ Cpoe!Dpvotfm!bddfqut!tbje!sfufoujpo!boe!bhsfft!up!qfsgpsn-!jo!b!ujnfmz!boe!fggjdjfou!nboofs-!bmm!tvdi! tfswjdft!bt!nbz!cf!sfrvftufe!cz!uif!Djuz/!!! 1::71/11111\]53178658/2! 3 3/!!DPNQFOTBUJPO!GPS!TFSWJDFT!SFOEFSFE! b/!Gps!tfswjdft!up!cf!sfoefsfe!bt!Cpoe!Dpvotfm!boe!Ejtdmptvsf!Dpvotfm!up!uif!Djuz!jo! dpoofdujpo!xjui!uif!jttvbodf!pg!uif!Cpoet-!Cpoe!Dpvotfm!xjmm!cf!qbje!b!gmbu!gff!pg! %96-111/! c/Uif!gfft!sfgfsfodfe!jo!uijt!Tfdujpo!3)b*!boe!)c*!tibmm!cf!qbje!up!Cpoe!Dpvotfm!po!uif! dmptjoh!ebuf!boe!tibmm!cf!qbzbcmf!tpmfmz!gspn!Cpoe!qspdffet<!qspwjefe!uibu-!jg!uif!Djuz! epft!opu!fmfdu!up!qvstvf!uif!jttvbodf!pg!uif!Cpoet-!uif!Djuz!tibmm!qbz!Cpoe!Dpvotfm! uif!%36-111!sfgfsfodfe!bcpwf!qmvt!uif!fyqfotft!jodvssfe!bt!tqfdjgjfe!cfmpx/!!! d/Uif!gfft!sfgfsfodfe!jo!uijt!Tfdujpo!bttvnf!uibu!uif!Cpoet!xjmm!cf!jttvfe!xjuijo! fjhiuffo!npouit!gspn!uif!ebuf!pg!uijt!Bhsffnfou/!!Jo!uif!fwfou!uif!Cpoet!bsf!opu! jttvfe!xjuijo!uibu!ujnf-!Cpoe!Dpvotfm!sftfswft!uif!sjhiu!up!nblf!tvdi!npejgjdbujpot! up!uif!gpsfhpjoh!gfft!bt!uif!Djuz!boe!Cpoe!Dpvotfm!bhsff-!bt!kvtujgjfe!cz!sfbtpo!pg! jodsfbtfe!dptu!up!Cpoe!Dpvotfm!boe!uif!uifo!qsfwbjmjoh!gfft!gps!ejtdmptvsf!dpvotfm!boe! cpoe!dpvotfm!tfswjdft!gps!Cpoet/! e/Uif!upubm!tvn!up!cf!fyqfoefe!voefs!uijt!Bhsffnfou-!tibmm!opu!fydffe!%99-111-! jodmvejoh!boz!fyufotjpo!qfsjpet! f/Djuz!bhsfft!up!sfjncvstf!Cpoe!Dpvotfm!gps!pvu.pg.qpdlfu!fyqfotft-!jodmvejoh!cvu!opu! mjnjufe!up-!njmfbhf-!dpqzjoh!dptut-!tfswjdf!pg!qspdftt-!boe!nbjm!tfswjdft!bvuipsj{fe!cz! uif!Djuz!Buupsofz!jo!dpoofdujpo!xjui!uif!qfsgpsnbodf!pg!evujft!voefs!uijt!Bhsffnfou/! Jo.ipvtf!qsjoujoh-!dpqzjoh-!boe!sfqspevdujpo!dibshft!xjmm!cf!sfjncvstfe!bu!uif!sbuf!pg! 31!dfout!qfs!qbhf/!Bvupnpcjmf!usbwfm!xjmm!cf!sfjncvstfe!bu!uif!tuboebse!njmfbhf!sbuf! jo!fggfdu!bu!uif!ujnf!pg!cjmmjoh!cz!uif!Joufsobm!Sfwfovf!Tfswjdf/!!Bmm!fyqfotft!nvtu! ibwf!tvqqpsujoh!epdvnfoubujpo!tvcnjuufe!xjui!uif!jowpjdf/!! 4/NFUIPE!PG!QBZNFOU!!!Cpoe!Dpvotfm!tibmm!tvcnju!b!npouimz!tubufnfou!tqfdjgzjoh! uif!tfswjdft!qfsgpsnfe-!ebuft!boe!ovncfs!pg!ipvst-!boe!bo!jufnj{bujpo!pg!fyqfotft!sfmbufe!uifsfup! xjui!tvqqpsujoh!epdvnfoubujpo!)j/f/!sfdfjqut-!jowpjdft-!dpqz!pg!difdl-!fud/*/!Djuz!bdlopxmfehft! uibu!uif!gfft!jodvssfe!gps!xpsl!qfsgpsnfe!cz!Cpoe!Dpvotfm!po!jut!cfibmg!bsf!evf!boe!pxjoh!xjuijo! 71!ebzt!pg!uif!xpsl!cfjoh!qfsgpsnfe/!Bu!Cpoe!Dpvotfm“t!ejtdsfujpo-!uifz!nbz!dipptf!up!efgfs! qbznfou/!Opuxjuituboejoh!uijt-!Djuz!bhsfft!uibu!ju!tibmm!ufoefs!qbznfou!xjuijo!71!ebzt!pg!xsjuufo! efnboe!cz!Cpoe!Dpvotfm!gps!qbznfou/!Vomftt!fyqsfttmz!tubufe!uifsfpo-!npouimz!tubufnfout! hfofsbufe!cz!Cpoe!Dpvotfm!tibmm!opu!dpotujuvuf!xsjuufo!efnboe-!cvu!tibmm!tjnqmz!cf!b!xsjuufo! sfgmfdujpo!pg!xpsl!qfsgpsnfe!boe!gfft!jodvssfe/! 5/DPOUSPM!PG!MFHBM!NBUUFST!!!Cpoe!Dpvotfm!bhsfft!uibu!fbdi!boe!fwfsz!nbuufs!ps! qspdffejoh!jo!xijdi!uifz!voefsublf!up!bttjtu!uif!Djuz-!bt!bgpsftbje-!tibmm!cf!boe!sfnbjo!voefs-!boe! tvckfdu!up!uif!dpouspm!boe!ejsfdujpo!pg!Djuz!bu!bmm!tubhft-!boe!uibu!uifz!tibmm!bu!bmm!ujnft!lffq!uif!Djuz!! jogpsnfe!pg!bmm!nbuufst!qfsubjojoh!uifsfup/!!Djuz!xjmm!lffq!Cpoe!Dpvotfm!jogpsnfe!pg!bmm!tjhojgjdbou! efwfmpqnfout!jo!nbuufst!sfmbujoh!up!boz!sfqsftfoubujpo!voefsublfo!cz!Cpoe!Dpvotfm/!Cpoe!Dpvotfm! gvsuifs!bhsfft-!jg!boe!xifo!uifjs!sfufoujpo!ifsfvoefs!jt!ufsnjobufe!cz!Djuz-!bt!ifsfjobgufs!tqfdjgjfe-! uifz!tibmm!sfuvso!up!Djuz!boz!boe!bmm!gjmft!uifo!jo!uifjs!qpttfttjpo!dpodfsojoh!fbdi!boe!fwfsz!nbuufs!ps! qspdffejoh!jo!xijdi!uifz!sfqsftfoufe!uif!Djuz!qvstvbou!up!uijt!Bhsffnfou/! 1::71/11111\]53178658/2! 4 6/SFQPSUJOH!SFRVJSFNFOUT!!!Cpoe!Dpvotfm!bhsfft!up!lffq!uif!Djuz-!boe!boz!puifs! qfstpo)t*!eftjhobufe!cz!uif!Djuz-!jogpsnfe!pg!tjhojgjdbou!fwfout!jo!uif!Bdujpot/!!! b/!!)b*!boe!)c*!qspcbcmz!opu!qfsujofou!ifsf! 7/UFSN!!!Uif!ufsn!pg!uijt!Bhsffnfou!tibmm!dpnnfodf!po!uif!ebuf!gjstu!xsjuufo!bcpwf!boe! ufsnjobuf!po!Tfqufncfs!41-!3136-!vomftt!ufsnjobufe!fbsmjfs!qvstvbou!up!Tfdujpo!26!cfmpx/!!Uif!ufsn! pg!uijt!Bhsffnfou!nbz!cf!fyufoefe!gps!vq!up!pof!)2*!zfbs!vqpo!b!xsjujoh!fyfdvufe!cz!cpui!qbsujft-! jodmvejoh!uif!Djuz!Nbobhfs!boe!uif!Djuz!Buupsofz/! 8/JOEFQFOEFOU!DPOUSBDUPST!!!Ju!jt!nvuvbmmz!bhsffe!cz!boe!cfuxffo!uif!qbsujft!uibu-! jo!uif!qfsgpsnbodf!pg!uifjs!dpwfobout!ifsfvoefs-!Cpoe!Dpvotfm!jt!boe!tibmm!cf!joefqfoefou! dpousbdupst-!boe!opu!pggjdfst!ps!fnqmpzfft!pg!Djuz/! 9/JOTVSBODF!!!! Qsjps!up!voefsubljoh!qfsgpsnbodf!pg!xpsl!voefs!uijt!Bhsffnfou-!Cpoe!Dpvotfm!tibmm! nbjoubjo!boe!tibmm!sfrvjsf!boz!tvcdpousbdupst!up!pcubjo!boe!nbjoubjo!jotvsbodf!bt!eftdsjcfe!cfmpx! gps!uif!foujsf!Ufsn!pg!uijt!Bhsffnfou!bhbjotu!dmbjnt!gps!jokvsjft!up!qfstpot!ps!ebnbhf!up!qspqfsuz! xijdi!nbz!bsjtf!gspn!ps!jo!dpoofdujpo!xjui!tfswjdft-!qspevdut!boe!nbufsjbmt!tvqqmjfe!up!Djuz/!Upubm! dptu!pg!tvdi!jotvsbodf!tibmm!cf!cpsof!cz!Cpoe!Dpvotfm/!! MINIMUM SCOPE AND LIMIT OF INSURANCE B/Professional Liability Insurance:!xjui!mjnjut!op!mftt!uibo!%2-111-111!qfs!pddvssfodf!ps! dmbjn-!boe!%3-111-111!bhhsfhbuf/! Jg!Cpoe!Dpvotfm!nbjoubjot!cspbefs!dpwfsbhf!boe0ps!ijhifs!mjnjut!uibo!uif!njojnvn! sfrvjsfnfout!gps!fbdi!mjof!pg!dpwfsbhf!tipxo!bcpwf-!Djuz!sfrvjsft!boe!tibmm!cf!foujumfe!up!uif! cspbefs!dpwfsbhf!boe0ps!uif!ijhifs!mjnjut!nbjoubjofe!cz!Cpoe!Dpvotfm/!Boz!bwbjmbcmf!jotvsbodf! qspdffet!jo!fydftt!pg!uif!tqfdjgjfe!njojnvn!mjnjut!pg!jotvsbodf!boe!dpwfsbhf!tibmm!cf!bwbjmbcmf! up!Djuz/!! Other Insurance Provisions Uif!bcpwf!sfrvjsfe!jotvsbodf!qpmjdjft!bsf!up!dpoubjo!ps!cf!foepstfe!up!dpoubjo!uif!gpmmpxjoh! qspwjtjpot;! B/Dfsujgjdbuf!Ipmefs!po!fbdi!Fwjefodf!pg!Jotvsbodf!dfsujgjdbuf!tibmm!cf;!!Djuz!pg!Tboub!Bob-! 31!Djwjd!Dfoufs!Qmb{b-!Tboub!Bob-!DB!:3812/!Uif!obnf!boe!mpdbujpo!pg!qspkfdu!nvtu!cf! jodmvefe!jo!uif!Eftdsjqujpo!pg!Pqfsbujpot!tfdujpo!pg!fbdi!dfsujgjdbuf/! Self-Insured Retentions/!!Tfmg.jotvsfe!sfufoujpot!nvtu!cf!efdmbsfe!up!boe!bqqspwfe!cz!uif!Djuz/! Uif!Djuz!nbz!sfrvjsf!uif!Cpoe!Dpvotfm!up!qvsdibtf!dpwfsbhf!xjui!b!mpxfs!sfufoujpo!ps!qspwjef! qsppg!pg!bcjmjuz!up!qbz!mpttft!boe!sfmbufe!jowftujhbujpot-!dmbjn!benjojtusbujpo-!boe!efgfotf!fyqfotft! xjuijo!uif!sfufoujpo/! 1::71/11111\]53178658/2! 5 Acceptability of Insurers/!!Jotvsbodf!jt!up!cf!qmbdfe!xjui!jotvsfst!bvuipsj{fe!up!dpoevdu!cvtjoftt! jo!uif!Tubuf!pg!Dbmjgpsojb!xjui!b!dvssfou!B/N/!Cftu!sbujoh!pg!op!mftt!uibo!B;WJJ-!vomftt!puifsxjtf! bddfqubcmf!up!Djuz/! Verification of Coverage/!!Cpoe!Dpvotfm!tibmm!gvsojti!Djuz!xjui!psjhjobm!Dfsujgjdbuft!pg!Jotvsbodf! jodmvejoh!bmm!sfrvjsfe!bnfoebupsz!foepstfnfout!)ps!dpqjft!pg!uif!bqqmjdbcmf!qpmjdz!mbohvbhf! fggfdujoh!dpwfsbhf!sfrvjsfe!cz!uijt!dmbvtf*!boe!b!dpqz!pg!uif!Efdmbsbujpot!boe!Foepstfnfou!Qbhf! pg!uif!DHM!qpmjdz!mjtujoh!bmm!qpmjdz!foepstfnfout!cfgpsf!xpsl!cfhjot/!Ipxfwfs-!gbjmvsf!up!pcubjo! uif!sfrvjsfe!epdvnfout!qsjps!up!uif!xpsl!cfhjoojoh!tibmm!opu!xbjwf!Cpoe!Dpvotfm“t!pcmjhbujpo!up! qspwjef!uifn/!! Djuz!sftfswft!uif!sjhiu!up!sfrvjsf!dpnqmfuf-!dfsujgjfe!dpqjft!pg!bmm!sfrvjsfe!jotvsbodf!qpmjdjft-! jodmvejoh!foepstfnfout!sfrvjsfe!cz!uiftf!tqfdjgjdbujpot-!bu!boz!ujnf/!! Special Risks or Circumstances/!!Djuz!sftfswft!uif!sjhiu!up!npejgz!uiftf!sfrvjsfnfout-!jodmvejoh! mjnjut-!cbtfe!po!uif!obuvsf!pg!uif!sjtl-!qsjps!fyqfsjfodf-!jotvsfs-!dpwfsbhf-!ps!puifs!tqfdjbm! djsdvntubodft/! :/!JOEFNOJGJDBUJPOCpoe!Dpvotfm!bhsfft!up!boe!tibmm!joefnojgz!boe!ipme!ibsnmftt!uif! Djuz-!jut!pggjdfst-!bhfout-!fnqmpzfft-!boe!sfqsftfoubujwft!gspn!mjbcjmjuz!gps!qfstpobm!jokvsz-! ebnbhft-!sftujuvujpo-!kvejdjbm!ps!frvjubcmf!sfmjfg!up!uif!fyufou!dbvtfe!cz!Cpoe!Dpvotfm“t!ofhmjhfou! ps!xspohgvm!qfsgpsnbodf!ps!dpoevdu!sfmbufe!up!uijt!Bhsffnfou/ 21/!DPOGJEFOUJBMJUZ!!!Bmm!jogpsnbujpo!boe!epdvnfout!tibsfe!xjui!Cpoe!Dpvotfm!bt!xfmm! bt!bmm!xpsl!qfsgpsnfe!cz!Cpoe!Dpvotfm!jo!dpoofdujpo!xjui!uijt!Bhsffnfou!tipvme!cf!usfbufe!bt! tusjdumz!dpogjefoujbm/!Npsfpwfs-!bmm!dpnnvojdbujpot!cfuxffo!Cpoe!Dpvotfm!boe!Djuz!tibmm!cf! usfbufe!bt!qspufdufe!cz!uif!buupsofz.dmjfou!qsjwjmfhf!boe!uif!buupsofz!xpsl!qspevdu!epdusjof/!! Bddpsejohmz-!jogpsnbujpo!sfdfjwfe!cz!Cpoe!Dpvotfm!gspn!Djuz!tipvme!cf!lfqu!jo!b!tfdvsf!qmbdf-! boe!op!jogpsnbujpo!bcpvu!uijt!xpsl!nbz!cf!ejtdmptfe!up!boz!uijse!qbsuz!xjuipvu!Djuz“t!qsjps!xsjuufo! bqqspwbm/!Cpoe!Dpvotfm!tibmm!qspwjef!nbufsjbmt!ejsfdumz!up!uif!Djuz!Buupsofz“t!Pggjdf!ps!up!uif! Gjobodf!boe!Nbobhfnfou!Tfswjdft!Bhfodz/!!Bmm!tvdi!jogpsnbujpo!boe!boz!xsjuufo!qspevdu!jo! dpoofdujpo!xjui!Cpoe!Dpvotfm“t!sfufoujpo!voefs!uijt!Bhsffnfou-!tibmm!cf!nbslfe!bt! ”QSJWJMFHFE!BOE!DPOGJEFOUJBM!0!BUUPSOFZ.XPSL!QSPEVDU•!boe!tibmm!cf!uif! qspqfsuz!pg!uif!Djuz-!boe!tibmm!cf!sfuvsofe0qspwjefe!up!uif!Djuz!xjui!bmm!dpqjft!vqpo!uif!sfrvftu!pg! uif!Djuz/!!Dpogjefoujbm!jogpsnbujpo!ejtdmptfe!up!fjuifs!qbsuz!cz!boz!tvctjejbsz!boe0ps!bhfou!pg!uif! puifs!qbsuz!jt!dpwfsfe!cz!uijt!Bhsffnfou/!!Uif!gpsfhpjoh!pcmjhbujpot!pg!opo.vtf!boe!opoejtdmptvsf! tibmm!opu!bqqmz!up!boz!jogpsnbujpo!uibu!)b*!ibt!cffo!ejtdmptfe!jo!qvcmjdmz!bwbjmbcmf!tpvsdft<!)c*!jt-! uispvhi!op!gbvmu!pg!uif!Cpoe!Dpvotfm-!ejtdmptfe!jo!b!qvcmjdmz!bwbjmbcmf!tpvsdf<!)d*!jt!jo!sjhiugvm! qpttfttjpo!pg!uif!Cpoe!Dpvotfm!xjuipvu!bo!pcmjhbujpo!pg!dpogjefoujbmjuz<!)e*!jt!sfrvjsfe!up!cf! ejtdmptfe!cz!pqfsbujpo!pg!mbx<!ps!)f*!jt!joefqfoefoumz!efwfmpqfe!cz!uif!Cpoe!Dpvotfm!xjuipvu! sfgfsfodf!up!jogpsnbujpo!ejtdmptfe!cz!uif!Djuz/ 22/!DPOGMJDU!PG!JOUFSFTU!DMBVTF!!!Cpoe!Dpvotfm!dpwfobout!uibu!ju!qsftfoumz!ibt!op! joufsftut!boe!tibmm!opu!ibwf!joufsftut-!ejsfdu!ps!joejsfdu-!uibu!xpvme!dpogmjdu!jo!boz!nboofs!xjui! qfsgpsnbodf!pg!tfswjdft!tqfdjgjfe!voefs!uijt!Bhsffnfou/!Cpoe!Dpvotfm!sfqsftfout!nboz!pg!uif! voefsxsjujoh!gjsnt!bdujwf!jo!uif!jttvbodf!pg!Cpoet!pg!qbsujdjqbujpo!boe!puifs!nvojdjqbm!gjobodjoht/!! Uif!Djuz!ifsfcz!qspwjeft!jut!jogpsnfe!xsjuufo!dpotfou!up!Cpoe!Dpvotfm“t!sfqsftfoubujpo!pg!tvdi! voefsxsjujoh!gjsnt!po!nbuufst!vosfmbufe!up!uif!Cpoet-!qspwjefe!uibu-!cfgpsf!Cpoe!Dpvotfm! 1::71/11111\]53178658/2! 6 voefsublft!tvdi!b!nbuufs-!ju!ibt!gjstu!sfbtpobcmz!dpodmvefe!uibu!ju!dbo!sfqsftfou!cpui!uif!Djuz“t!boe! uif!voefsxsjujoh!gjsnt“!joufsftut!xjuipvu!dpnqspnjtjoh!Cpoe!Dpvotfm“t!joefqfoefou!kvehnfou!ps! mfttfojoh!jut!wjhpspvt!sfqsftfoubujpo!pg!fjuifs!dmjfou!boe!bmtp!ublft!ujnfmz!boe!fggfdujwf!tufqt!up! qspufdu!bmm!dpogjefoujbm!jogpsnbujpo!qspwjefe!cz!boe!up!fbdi!dmjfou/!! 23/!OPUJDF!!!Boz!opujdf-!ufoefs-!efnboe-!efmjwfsz-!ps!puifs!dpnnvojdbujpo!qvstvbou!up!uijt! Bhsffnfou!tibmm!cf!jo!xsjujoh!boe!tibmm!cf!effnfe!up!cf!qspqfsmz!hjwfo!jg!efmjwfsfe!jo!qfstpo!ps! nbjmfe!cz!gjstu!dmbtt!ps!dfsujgjfe!nbjm-!qptubhf!qsfqbje-!ps!tfou!cz!ufmfgbdtjnjmf!ps!puifs!ufmfhsbqijd! dpnnvojdbujpo!jo!uif!nboofs!qspwjefe!jo!uijt!Tfdujpo-!up!uif!gpmmpxjoh!qfstpot;!! Up!Djuz;!Dmfsl!pg!uif!Dpvodjm! Djuz!pg!Tboub!Bob! 31!Djwjd!Dfoufs!Qmb{b!)N.41*! Q/P/!Cpy!2:99! Tboub!Bob-!Dbmjgpsojb!!:3813.2:99! Gbdtjnjmf!)825*!758.7:67! Dpvsuftz!Dpqz;!Djuz!Buupsofz! Djuz!pg!Tboub!Bob! 31!Djwjd!Dfoufs!Qmb{b!)N.3:*! Q/P/!Cpy!2:99! Tboub!Bob-!Dbmjgpsojb!:3813! Gbdtjnjmf!)825*!758.7626! Up!Cpoe!Dpvotfm;!Ljn!Czsfot! Cftu!Cftu!'!Lsjfhfs!MMQ! ui 44:1!Vojwfstjuz!Bwfovf-!6!Gmpps! Sjwfstjef-!DB!!:3612! B!qbsuz!nbz!dibohf!jut!beesftt!cz!hjwjoh!opujdf!jo!xsjujoh!up!uif!puifs!qbsuz/!!Uifsfbgufs-!boz! opujdf-!ufoefs-!efnboe-!efmjwfsz-!ps!puifs!dpnnvojdbujpo!tibmm!cf!beesfttfe!boe!usbotnjuufe!up!uif! ofx!beesftt/!!Jg!tfou!cz!nbjm-!dpnnvojdbujpo!tibmm!cf!fggfdujwf!ps!effnfe!up!ibwf!cffo!hjwfo!uisff! )4*!ebzt!bgufs!ju!ibt!cffo!efqptjufe!jo!uif!Vojufe!Tubuft!nbjm-!evmz!sfhjtufsfe!ps!dfsujgjfe-!xjui! qptubhf!qsfqbje-!boe!beesfttfe!bt!tfu!gpsui!bcpwf/!!Jg!tfou!cz!ufmfgbdtjnjmf-!dpnnvojdbujpo!tibmm! cf!fggfdujwf!ps!effnfe!up!ibwf!cffo!hjwfo!uxfouz.gpvs!)35*!ipvst!bgufs!uif!ujnf!tfu!gpsui!po!uif! usbotnjttjpo!sfqpsu!jttvfe!cz!uif!usbotnjuujoh!gbdtjnjmf!nbdijof-!beesfttfe!bt!tfu!gpsui!bcpwf/!!Gps! qvsqptft!pg!dbmdvmbujoh!uiftf!ujnf!gsbnft-!xfflfoet-!gfefsbm-!tubuf-!Dpvouz!ps!Djuz!ipmjebzt!tibmm! cf!fydmvefe/!! 24/!FYDMVTJWJUZ!BOE!BNFOENFOU!!!Uijt!Bhsffnfou!sfqsftfout!uif!dpnqmfuf!boe! fydmvtjwf!tubufnfou!cfuxffo!uif!Djuz!boe!Cpoe!Dpvotfm-!boe!tvqfstfeft!boz!boe!bmm!puifs! bhsffnfout-!psbm!ps!xsjuufo-!cfuxffo!uif!qbsujft/!!Jo!uif!fwfou!pg!b!dpogmjdu!cfuxffo!uif!ufsnt!pg! uijt!Bhsffnfou!boe!boz!buubdinfout!ifsfup-!uif!ufsnt!pg!uijt!Bhsffnfou!tibmm!qsfwbjm/!!Uijt! Bhsffnfou!nbz!opu!cf!npejgjfe!fydfqu!cz!xsjuufo!jotusvnfou!tjhofe!cz!uif!Djuz!boe!cz!bo! bvuipsj{fe!sfqsftfoubujwf!pg!Cpoe!Dpvotfm/!!Uif!qbsujft!bhsff!uibu!boz!ufsnt!ps!dpoejujpot!pg!boz! qvsdibtf!psefs!ps!puifs!jotusvnfou!uibu!bsf!jodpotjtufou!xjui-!ps!jo!beejujpo!up-!uif!ufsnt!boe! dpoejujpot!ifsfpg-!tibmm!opu!cjoe!ps!pcmjhbuf!Cpoe!Dpvotfm!ps!uif!Djuz/!!Fbdi!qbsuz!up!uijt! Bhsffnfou!bdlopxmfehft!uibu!op!sfqsftfoubujpot-!joevdfnfout-!qspnjtft!ps!bhsffnfout-!psbmmz!ps! 1::71/11111\]53178658/2! 7 puifsxjtf-!ibwf!cffo!nbef!cz!boz!qbsuz-!ps!bozpof!bdujoh!po!cfibmg!pg!boz!qbsujft-!xijdi!bsf!opu! fncpejfe!ifsfjo/! 25/!BTTJHONFOU!!!Jobtnvdi!bt!uijt!Bhsffnfou!jt!joufoefe!up!tfdvsf!uif!tqfdjbmj{fe!tfswjdft! pg!Cpoe!Dpvotfm-!Cpoe!Dpvotfm!nbz!opu!bttjho-!usbotgfs-!efmfhbuf-!ps!tvcdpousbdu!boz!joufsftu! ifsfjo!xjuipvu!uif!qsjps!xsjuufo!dpotfou!pg!uif!Djuz!boe!boz!tvdi!bttjhonfou-!usbotgfs-!efmfhbujpo! ps!tvcdpousbdu!xjuipvu!uif!Djuz“t!qsjps!xsjuufo!dpotfou!tibmm!cf!dpotjefsfe!ovmm!boe!wpje/!!Opuijoh! jo!uijt!Bhsffnfou!tibmm!cf!dpotusvfe!up!mjnju!uif!Djuz“t!bcjmjuz!up!ibwf!boz!pg!uif!tfswjdft!xijdi! bsf!uif!tvckfdu!pg!uijt!Bhsffnfou!qfsgpsnfe!cz!Djuz!qfstpoofm!ps!cz!puifs!Cpoe!Dpvotfm!sfubjofe! cz!Djuz/! 26/!UFSNJOBUJPO!!!Uijt!Bhsffnfou!nbz!cf!ufsnjobufe!cz!Djuz!bu!boz!ujnf/!!Jo!tvdi!fwfou-! Cpoe!Dpvotfm!tibmm!cf!foujumfe!up!sfdfjwf!boe!uif!Djuz!tibmm!qbz!Cpoe!Dpvotfm!dpnqfotbujpo!gps!bmm! tfswjdft!qfsgpsnfe!cz!Cpoe!Dpvotfm!qsjps!up!sfdfjqu!pg!tvdi!opujdf!pg!ufsnjobujpo/!!Bt!b!dpoejujpo!pg! tvdi!qbznfou-!Cpoe!Dpvotfm!tibmm!efmjwfs!up!uif!Djuz!bmm!gjmft!boe!sfdpset!hfofsbufe!voefs!uijt! Bhsffnfou!bt!pg!tvdi!ebuf/! Cpoe!Dpvotfm!nbz!ufsnjobuf!uijt!bhsffnfou-!tvckfdu!up!uifjs!pcmjhbujpo!up!qspwjef!xsjuufo!sfbtpobcmf! opujdf!pg!bu!mfbtu!uijsuz!)41*!ebzt!up!bssbohf!bmufsobujwf!sfqsftfoubujpo/!!Jo!tvdi!dbtf-!Djuz!bhsfft!up! tfdvsf!ofx!dpvotfm!bt!rvjdlmz!bt!qpttjcmf!boe!up!dppqfsbuf!gvmmz!jo!uif!tvctujuvujpo!pg!uif!ofx!dpvotfm/! 27/!EJTDSJNJOBUJPO!!!Cpoe!Dpvotfm!tibmm!opu!ejtdsjnjobuf!cfdbvtf!pg!sbdf-!dpmps-!dsffe-! sfmjhjpo-!tfy-!nbsjubm!tubuvt-!tfyvbm!psjfoubujpo-!hfoefs!jefoujuz-!hfoefs!fyqsfttjpo-!hfoefs-!nfejdbm! dpoejujpot-!hfofujd!jogpsnbujpo-!njmjubsz!boe!wfufsbo!tubuvt-!bhf-!obujpobm!psjhjo-!bodftusz-!ps! ejtbcjmjuz-!bt!efgjofe!boe!qspijcjufe!cz!bqqmjdbcmf!mbx-!jo!uif!sfdsvjunfou-!tfmfdujpo-!usbjojoh-! vujmj{bujpo-!qspnpujpo-!ufsnjobujpo!ps!puifs!fnqmpznfou!sfmbufe!bdujwjujft/!!Cpoe!Dpvotfm!bggjsnt! uibu!ju!jt!bo!frvbm!pqqpsuvojuz!fnqmpzfs!boe!tibmm!dpnqmz!xjui!bmm!bqqmjdbcmf!gfefsbm-!tubuf!boe!mpdbm! mbxt!boe!sfhvmbujpot/! 28/!KVSJTEJDUJPO!—!WFOVF!!!Uijt!Bhsffnfou!ibt!cffo!fyfdvufe!boe!efmjwfsfe!jo!uif!Tubuf! pg!Dbmjgpsojb!boe!uif!wbmjejuz-!joufsqsfubujpo-!qfsgpsnbodf-!boe!fogpsdfnfou!pg!boz!pg!uif!dmbvtft! pg!uijt!Bhsffnfou!tibmm!cf!efufsnjofe!boe!hpwfsofe!cz!uif!mbxt!pg!uif!Tubuf!pg!Dbmjgpsojb/!!Cpui! qbsujft!gvsuifs!bhsff!uibu!Psbohf!Dpvouz-!Dbmjgpsojb-!tibmm!cf!uif!wfovf!gps!boz!bdujpo!ps! qspdffejoh!uibu!nbz!cf!cspvhiu!ps!bsjtf!pvu!pg-!jo!dpoofdujpo!xjui!ps!cz!sfbtpo!pg!uijt!Bhsffnfou/!! 29/!NJTDFMMBOFPVT!QSPWJTJPOT!!!Fbdi!voefstjhofe!sfqsftfout!boe!xbssbout!uibu!jut! tjhobuvsf!ifsfjo!cfmpx!ibt!uif!qpxfs-!bvuipsjuz!boe!sjhiu!up!cjoe!uifjs!sftqfdujwf!qbsujft!up!fbdi!pg! uif!ufsnt!pg!uijt!Bhsffnfou-!boe!tibmm!joefnojgz!Djuz!gvmmz-!jodmvejoh!sfbtpobcmf!dptut!boe!buupsofz“t! gfft-!gps!boz!jokvsjft!ps!ebnbhft!up!Djuz!jo!uif!fwfou!uibu!tvdi!bvuipsjuz!ps!qpxfs!jt!opu-!jo!gbdu-!ifme! cz!uif!tjhobupsz!ps!jt!xjuiesbxo/! 2:/!DPVOUFSQBSUT<!TJHOBUVSFT!!!Uijt!Bhsffnfou!nbz!cf!fyfdvufe!jo!dpvoufsqbsut-! tfdvsfe!wjb!gbdtjnjmf!usbotnjttjpo!ps!puifsxjtf-!fbdi!pg!xijdi!tibmm!cf!effnfe!up!cf!bo!psjhjobm/! Qipupdpqjft!pg!boz!fyfdvufe!dpvoufsqbsu!tibmm!ibwf!uif!tbnf!gpsdf!boe!fggfdu!bt!bo!psjhjobm/!Djuz! gvsuifs!bdlopxmfehft!uibu!ju!ibt!sfbe!boe!sfdfjwfe!b!dpqz!uif!gvmm!ufyu!Tfdujpo!7259!pg!uif! Dbmjgpsojb!Cvtjoftt!boe!Qspgfttjpot!Dpef!qsjps!up!tjhojoh!uijt!Bhsffnfou/!! 1::71/11111\]53178658/2! 8 31/!OP!HVBSBOUFFT!!!Djuz!voefstuboet!boe!bdlopxmfehft!uibu!uifsf!bsf!dfsubjo!sjtlt!boe! vodfsubjoujft!jo!uif!qvstvju!pg!boz!nbuufs!gps!xijdi!Cpoe!Dpvotfm!ibwf!cffo!sfubjofe-!uibu!mbx!jt! opu!bo!fybdu!tdjfodf-!uibu!Cpoe!Dpvotfm!ibt!nbef!op!sfqsftfoubujpot!ps!hvbsboufft!pg!tvddftt! sfhbsejoh!uif!dpodmvtjpo!pg!boz!qbsujdvmbs!nbuufs-!boe!uibu!bmm!fyqsfttjpot!sfmbujwf!uifsfup!bsf! nbuufst!pg!Cpoe!Dpvotfm“t!pqjojpo!pomz/!!Jo!puifs!xpset-!Cpoe!Dpvotfm!nblft!op!sfqsftfoubujpot! ps!hvbsboufft!pg!tvddftt!sfhbsejoh!boz!nbuufs/! JO!XJUOFTT!XIFSFPG-!uif!qbsujft!ifsfup!ibwf!fyfdvufe!uijt!Bhsffnfou!uif!ebz!boe!zfbs!gjstu! bcpwf!xsjuufo/! BUUFTU;!DJUZ!PG!TBOUB!BOB! `````````````````````````!```````````````````````````` Kfoojgfs!M/!Ibmm!Uipnbt!S/!Ibudi! Djuz!Dmfsl!!Joufsjn!Djuz!Nbobhfs! BQQSPWFE!BT!UP!GPSN;!CFTU!CFTU!'!LSJFHFS!MMQ! TPOJB!S/!DBSWBMIP! Djuz!Buupsofz! Cz;!``````````````````````````````! Ljn!Czsfot! Cz;!`````````````````````````Qbsuofs! Boesfb!Hbsdjb.Njmmfs! Bttjtubou!Djuz!Buupsofz! SFDPNNFOEFE!GPS!BQQSPWBM! `````````````````````````````! Lbuiszo!Epxot-!DQB! Gjobodf!boe!Nbobhfnfou!Tfswjdft! Bhfodz!! 1::71/11111\]53178658/2! 9 Planning and Building Agency www.santa-ana.org/planning-and-building Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services AGENDA TITLE Agreement with Hera Property Registry, LLC for Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services for Administering the City’s Property Registration Program RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Hera Property Registry, LLC to provide foreclosure, abandoned vacant lots, and structure registration program services for a three-year term expiring April 1, 2027,with an option for two one-year extensions (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Property registry vendors offer professional services that grant cities access to real-time ownership information and data related to real estate and financial transactions. This information can potentially be relied upon to predict situations that may lead to, or result in, the abandonment or foreclosure of real properties. The data and information provided by these vendors assists the Code Enforcement Division in identifying and monitoring the ongoing maintenance of various properties, including vacant lots, structures, and historic properties. This proactive approach aims to prevent these properties from deteriorating and becoming attractive or public nuisances. Additionally, these companies play a role in program administration by notifying responsible parties about the City's program and registering such properties on behalf of the City. In June 2023, the City received notification that the approved property registration vendor, Pro Champs Registry, had filed for bankruptcy and was no longer able to provide maintenance registration services. Pro Champ Registry had initially been selected as an approved vendor by the City on December 19, 2017 and was subsequently awarded a contract for services on December 7, 2021. Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services April 2, 2024 Page 2 To ensure uninterrupted services, Request for Proposals (RFP) no. #23-133 was issued on October 19, 2023 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows: 657 Vendors notified 18 Santa Ana vendors notified 26 Vendors downloaded the RFP packet 3 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on November 17, 2023, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsible, responsive to the specifications, and met the City’s requirements. A selection committee consisting of Code Enforcement staff members reviewed and rated the proposals employing the following criteria: Responsiveness to RFP Experience of Firm and Personnel Cost of Proposal References Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings: FirmLocationRank Hera Property Registry, LLC Melbourne, FL1 MuniReg, LLC Woodmere, OH2 OpportunitySpace Inc. dba TolemiBoston, MA3 Staff recommends awarding an agreement with Hera Property Registry, LLC, the highest-ranked firm. Local Outreach Efforts The Purchasing Division advertised this project on the City’s online bid management and publication system, which notified five Planet Bid categories totaling 657 Vendors. The bid categories consisted of Database Software (1), Database Software (2), Real Estate Management Services Program, Project Development and Management Services, and Record Management Services. Of these vendors, 18 were identified as Santa Ana firms and none submitted a proposal for these specialty services. FISCAL IMPACT The Foreclosure, Abandoned, and Vacant Properties Registration Program miscellaneous fee for FY 2023-24 is $1,328 per registration. Under the agreement, a service fee amount not to exceed $100 may be recovered by the vendor from each Foreclosure, Abandoned Vacant Lots, and Structure Registration Program Services April 2, 2024 Page 3 registration fee collected. The net amount remitted to the City is $1,228 (the foreclosure fee of $1,328 less the $100 service fee retained by the vendor). The funds received will be deposited in the Foreclosure Registration Program (account no. 01116002-53628). In the last five fiscal years, this program on average, registered 328 vacant properties and collected $282,324 per year. EXHIBIT(S) 1. Agreement with Hera Property Registry, LLC Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager Planning and Building Agency www.santa-ana.org/planning-and-building Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Spay and Neutering Services for Low-Income Residents AGENDA TITLE Agreement with Healthcare and Emergency Animal Rescue Team to Provide Spay and Neutering Services for Qualifying Low-Income Residents RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Healthcare and Emergency Animal Rescue Team (HEART) to provide veterinarian medical services for a spay and neutering program to low-income Santa Ana residents for a three-year term commencing April 3, 2024 and expiring March 18, 2027, with provisions for two one- year extensions, in an amount not to exceed $75,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION As part of the Fiscal Year 2023-24 budget, the City Council allocated $75,000 for assistance to low-income Santa Ana pet owners with low-cost spay and neuter services. These services are intended to reduce the unwanted breeding of dog and cat litters resulting in a variety of residual effects in the community. The City of Santa Ana, through this proposed program, will help subsidize 50% of the cost of spay and neutering of dogs and cats using the City’s approved vendor. The remaining portion will be the responsibility of the resident. Under the program, a licensed pet owner living in a qualifying low-income area is eligible for this one-time subsidy. The program will be in effect until funding has been depleted. Background and Selection The Request for Proposals (RFP) No. 23-180 was issued on December 4, 2023, on the ’s online bid management and publication system, Planet Bids, inviting qualified service providers with relevant experience to submit their proposals to the City. A summary of vendor participation and results from Planet Bids is as follows: 9 Vendors notified 0 Santa Ana vendors notified 4 Vendors downloaded the bid packet Spay and Neutering Services for Low-Income Residents April 2, 2024 Page 2 1 Bid received 0Bids received from Santa Ana vendors Proposals were solicited, opened on January 9, 2024, and evaluated. One proposal was submitted by the RFP deadline and it was determined to be responsible, responsive to the specification, and met the City’s requirements by a selection committee consisting of staff members from the Animal Services Division. Staff recommends awarding an agreement to the sole proposer, HEART. The proposal submitted by HEART, located in Yorba Linda, has a unique approach to focus its services in low-income, underserved communities, working with thousands of pet owners experiencing homelessness and financial hardships. HEART has been servicing different cities and counties with their mobile clinic for over 10 years, providing a multitude of services including pet wellness, spay and neuter clinics, and veterinarian. Local Outreach Efforts In addition to the vendors notified by the City’s online bid management and publication system, PlanetBids, Purchasing staff performed supplemental outreach by personally contacting eight Santa Ana and seven Orange County service providers by telephone and email to notify them of the bidding opportunity, provide registration instructions, and other general information about the bidding process. FISCAL IMPACT Funding for this agreement for $75,000 was approved for expenditure in the Fiscal Year 2023-24 Council approved budget. Future fiscal year funding will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year if needed. Fiscal Accounting Unit- Fund Accounting Unit, Account Amount YearAccount No.DescriptionDescription FY 23-2401116570-62300General FundPlanning & Building, Animal $75,000 Services, Contract Services – Professional TOTAL$75,000 EXHIBIT(S) 1. Agreement with Healthcare and Emergency Animal Rescue (HEART) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager AGREEMENT BETWEEN THECITY OF SANTA ANA AND HEART-HEALTHCARE&EMERGENCYANIMAL RESCUE TEAM TOPROVIDESPAY AND NEUTER CLINIC SERVICES UIJT!BHSFFNFOU!jt!nbef!boe!foufsfe!joup!uijt!3oe!ebz!pgBqsjm-!3135!czboe!cfuxffo! .!Ifbmuidbsf!'!Fnfshfodz!Bojnbm!Sftdvf!Ufbn-!b!Dbmjgpsojb!opoqspgju!pshboj{bujpo *-!boe!uif!Djuz!pg!Tboub!Bob-!b!dibsufs!djuz!boe!nvojdjqbm!dpsqpsbujpo!pshboj{fe!boe! fyjtujoh!voefs!uif!Dpotujuvujpo!boe!mbxt!pg! RECITALS B/PoEfdfncfs!5-3134-!uif!Djuz!jttvfe!Sfrvftu!gps!QspqptbmOp/!34.291-!cz!xijdi ju!tpvhiu!qspqptbmt!gspn!rvbmjgjfe!qspwjefst!gps!mpx.dptu!tqbz!boe!ofvufsjoh!dmjojdbm tfswjdft!gps!mpx.jodpnf!Tboub!Bob!sftjefout/ C/Qspwjefstvcnjuufe!b!ujnfmz!boe!sftqpotjwf!qspqptbmuibu!xbt!tfmfdufe!czuif!Djuz/ Qspwjefssfqsftfout!uibu!ju!jt!bcmf!boe!xjmmjoh!up!qspwjef!uif!tfswjdft!eftdsjcfe!jo!uif!tdpqf pg!xpsl!uibu!xbt!jodmvefe!jo!SGQ!Op/!34.291-!buubdife!ifsf!bt!Exhibit A up!uif!Bhsffnfou/ D/Jo!voefsubljoh!uif!qfsgpsnbodf!pg!uijt!Bhsffnfou-!Qspwjefssfqsftfout!uibu!ju!jt lopxmfehfbcmf!jo!jut!gjfme!boe!uibu!boz!tfswjdft!qfsgpsnfe!cz!Qspwjefsvoefs!uijt Bhsffnfou!xjmm!cf!qfsgpsnfe!jo!dpnqmjbodf!xjui!tvdi!tuboebset!bt!nbz!sfbtpobcmz!cf fyqfdufe!gspn!b!qspgfttjpobm!qspwjefsjo!uif!gjfme/ NOWTHEREFORE-jodpotjefsbujpopguifnvuvbmboesftqfdujwfqspnjtft-boetvckfdu!upuif ufsnt!boe!dpoejujpot!ifsfjobgufs!tfu!gpsui-!uif!qbsujft!bhsff!bt!gpmmpxt; 1.SCOPEOFSERVICES b/Qspwjefstibmmqfsgpsn!evsjoh!uif!ufsn!pg!uijt!bhsffnfou-!uif!ubtlt!boe!pcmjhbujpot jodmvejoh!bmm!mbcps-!nbufsjbmt-!uppmt-!frvjqnfou-!boe!jodjefoubm!dvtupnbsz!xpsl!sfrvjsfe!up gvmmz!boe!befrvbufmz!dpnqmfuf!uif!tfswjdft!eftdsjcfe!jo!uif!Scope of Services uibu!xbt jodmvefejo!SGQ!Op/!34.291boe!buubdifeifsfupbt Exhibit A-boe!bt!npsf!tqfdjgjdbmmz Exhibit B)fydmvejoh!sftvnft!boe buubdinfout*boe!jodpsqpsbufe!cz!sfgfsfodf/ c/Jo!uif!fwfou!pg!bo!jodpotjtufodz!bnpoh!uifqspwjtjpot!pg!uijt!Bhsffnfou!boe!boz!pg!jut fyijcjut-!uif!jodpotjtufodz!tibmm!cf!sftpmwfe!cz!hjwjoh!qsfdfefodf!jo!uif!gpmmpxjoh!psefs; )2*Uijt!Bhsffnfou< )3*Uif!tdpqf!pg!tfswjdftjodmvefe!jo!SGQ!Op/!34.291!boe!buubdife!bt!Exhibit A< )4*Qspwjefs-buubdife!bt!Exhibit B/ tğŭĻ Њ ƚŅ ЊЉ 2.COMPENSATION b/Djuz!bhsfft!up!qbz-!boe!Qspwjefsbhsfft!up!bddfqu!bt!upubm!qbznfou!gps!jut!tfswjdftgps!Djuz- gjguz!qfsdfou!)61&*!pg!uif!sbuft!boe!dibshft!jefoujgjfe!jo!Exhibit B gps!mpx.jodpnf!Tboub Bob!sftjefout!sftjejoh!jo!uif!Rvbmjgjfe!Dfotvt!Usbdut!Fmjhjcjmjuz!Nbq!jodmvefe!jo!SGQ!Op/ 34.291-!buubdife!bt!Exhibit C boe!jodpsqpsbufe!cz!sfgfsfodf-!bt!ju!nbz!cf!vqebufe!gspn ujnf!up!ujnf/!!Uif!Tboub!Bob!sftjefou!xjmm!qbz!uif!sfnbjojoh!bnpvou!ejsfdumz!up!uif Qspwjefs/Uif!upubm!bnpvou!up!cf!fyqfoefe!evsjoh!uif!ufsn!pg!uijt!Bhsffnfou-!jodmvejoh boz!pqujpobm!fyufotjpoqfsjpet!efgjofe!cfmpx-!tibmm!opu!fydffeTfwfouz.Gjwf!Uipvtboe Epmmbst!boe!\[fsp!Dfout)$75,000*/ c/Up!sfdfjwf!dpnqfotbujpo!bt!eftdsjcfe!jo!Tfdujpo!3/b-!bcpwf-!Qspwjefs!tibmm!wfsjgz!mpx. jodpnf!Tboub!Bob!sftjefout!sftjejoh!jo!uif!Rvbmjgjfe!Dfotvt!Usbdut!Fmjhjcjmjuz!Nbq jodmvefe!jo!SGQ!Op/!34.291-!buubdife!bt!Exhibit C-bt!ju!nbz!cf!vqebufe!gspn!ujnf!up ujnf--!bt!buuftufe!up!cz!uif!qsptqfdujwf dmjfou-jo!uif!tfbsdi!gjfme!bu; https://hudgis-hud.opendata.arcgis.com/datasets/HUD::qualified-census- tracts/explore?location=33.748640%2C-117.878571%2C13.50 d/Qspwjefs!nbz!tvcnju!efubjmfe!npouimz!sfqpsut0jowpjdft!bt!efubjmfe!jo!Exhibit A-!tfdujpo!: wjb!gby!ps!fnbjm!bt!jefoujgjfe!jo!Tfdujpo!23!pg!uijt!Bhsffnfou/ e/Qbznfou!cz!Djuz!tibmm!cf!nbef!xjuijo!gpsuz.gjwf!)56*!ebzt!gpmmpxjoh!sfdfjqu!pg!qspqfs jowpjdf!fwjefodjoh!xpsl!qfsgpsnfe-!tvckfdu!up!Djuz!bddpvoujoh!qspdfevsft/!!Djuz!boe Qspwjefsbhsff!uibu!bmm!qbznfout!evf!boe!pxjoh!voefs!uijt!Bhsffnfou!tibmm!cf!nbef uispvhi!Bvupnbufe!Dmfbsjoh!Ipvtf!)BDI*!usbotgfst/!!Qspwjefs tuboebse!BDI!Wfoeps!Qbznfou!Bvuipsj{bujpo!boe!qspwjef!sfrvjsfe!epdvnfoubujpo/!!Vqpo wfsjgjdbujpo!pg!uif!ebub!qspwjefe-!uif!Djuz!xjmm!cf!bvuipsj{fe!up!efqptju!qbznfout!ejsfdumz joup!Qspwjefs xijdi!gbjmt!up!nffu!uif!tuboebset!pg!qfsgpsnbodf!tfu!gpsui!jo!uif!Sfdjubmt!xijdi!nbz sfbtpobcmz!cf!fyqfdufe!cz!Djuz/ 3.TERM Uijt!Bhsffnfou!tibmm!dpnnfodf!po!uif!ebuf!gjstu!xsjuufo!bcpwf!xjui!b!ufsnjobujpo!ebuf!pg Nbsdi29-!3138-xjui!uif!pqujpo!gps!uif!Djuz!up!hsbou!vq!up!two (2)one(1)-year sfofxbmt- fyfsdjtbcmf!cz!b!xsjujoh!cz!uif!Djuz!nbobhfs!boe!uif!Djuz!Buupsofz-!vomftt!ufsnjobufe!fbsmjfs!jo! bddpsebodf!xjui!Tfdujpo!27-!cfmpx/ 4.INDEPENDENTCONTRACTOR Qspwjefstibmm-!evsjoh!uif!foujsf!ufsn!pguijt!Bhsffnfou-!cf!dpotusvfe!upcf!bo!joefqfoefou dpousbdups!boe!opu!bo!fnqmpzff!pg!uif!Djuz/!Uijt!Bhsffnfou!jt!opu!joufoefe!ops!tibmm!ju!cf! dpotusvfe!up!dsfbuf!bo!fnqmpzfs.fnqmpzff!sfmbujpotijq-!b!kpjou!wfouvsf!sfmbujpotijq-!ps!up!bmmpx!uif! Djuz!up!fyfsdjtfejtdsfujpops!dpouspmpwfsuif!qspgfttjpobmnboofs!joxijdiQspwjefsqfsgpsntuif tfswjdft!xijdi!bsf!uif!tvckfdu!nbuufs!pg!uijt!Bhsffnfou<!ipxfwfs-!uif!tfswjdft!up!cf!qspwjefe!cz! Qspwjefstibmmcfqspwjefe!jobnboofs!dpotjtufouxjuibmmbqqmjdbcmftuboebset!boe!sfhvmbujpot! tğŭĻ Ћ ƚŅ ЊЉ hpwfsojoh!tvdi!tfswjdft/!Qspwjefstibmm!qbzbmm!tbmbsjft!boe!xbhft-!fnqmpzfs(t!tpdjbm!tfdvsjuzubyft-! vofnqmpznfou!jotvsbodf!boe!tjnjmbs!ubyft!sfmbujoh!up!fnqmpzfft!boe!tibmm!cf!sftqpotjcmf!gps!bmm! bqqmjdbcmf!xjuiipmejoh!ubyft/ 5.OWNERSHIPOFMATERIALS Uijt!Bhsffnfou!dsfbuft!b!opo.fydmvtjwf!boe!qfsqfuvbm!mjdfotf!gps!Djuz!up!dpqz-!vtf- npejgz-!sfvtf-!ps!tvcmjdfotf!boz!boe!bmm!dpqzsjhiut-!eftjhot-!boe!puifs!joufmmfduvbm!qspqfsuz! fncpejfe!joqmbot-!tqfdjgjdbujpot-!tuvejft-!esbxjoht-!ftujnbuft-!boe!puifs!epdvnfout!ps!xpslt!pg! bvuipstijq!gjyfe!jo!boz!ubohjcmf!nfejvn!pg!fyqsfttjpo-!jodmvejoh!cvu!opu!mjnjufe!up-!qiztjdbm! esbxjoht!ps!ebub!nbhofujdbmmz!ps!puifsxjtf!sfdpsefe!po!dpnqvufs!ejtlfuuft-!xijdi!bsf!qsfqbsfe!ps! dbvtfe!up!cf!qsfqbsfe!cz!Qspwjefsvoefs!uijt!Btibmm! sfrvjsf!bmm!tvcdpousbdupst!up!bhsff!jo!xsjujoh!uibu!Djuz!jt!hsboufe!b!opo.fydmvtjwf!boe!qfsqfuvbm! mjdfotf!gps!boz!Epdvnfout!'!Ebub!uif!tvcdpousbdups!qsfqbsft!voefs!uijt!Bhsffnfou/!Qspwjefs sfqsftfout!boe!xbssbout!uibu!Qspwjefsibt!uif!mfhbm!sjhiu!up!mjdfotf!boz!boe!bmm!Epdvnfout!'!Ebub/! Qspwjefsnblft!op!tvdi!sfqsftfoubujpo!boe!xbssbouz!jo!sfhbse!up!Epdvnfout!'!Ebub!xijdi!xfsf! qspwjefe!up!Qspwjefscz!uif!Djuz/!Djuz!tibmm!opu!cf!mjnjufe!jo!boz!xbz!jo!jut!vtf!pg!uif!Epdvnfout! boe!Ebub!bu!boz!ujnf-!qspwjefe!uibu!boz!tvdi!vtf!opuxjuijo!uif!qvsqptft!joufoefe!cz!uijt! 6.INSURANCE Qsjpsupvoefsubljohqfsgpsnbodfpgxpslvoefs!uijtBhsffnfou-Qspwjefstibmmnbjoubjo boe!tibmm!sfrvjsf!jut!tvcdpousbdupst-!jg!boz-!up!pcubjo!boe!nbjoubjo!jotvsbodf!bt!eftdsjcfe!cfmpx; b/NjojnvnTdpqfboeMjnjupgJotvsbodf )2*CommercialGeneralLiability(CGL);JotvsbodfTfswjdftPggjdfGpsnDH1112 qspqfsuzebnbhf-cpejmzjokvszboeqfstpobm'bewfsujtjoh!jokvszxjui!mjnjutopmftt uibo$1,000,000 qfs!pddvssfodf/!Jgbhfofsbmbhhsfhbuf!mjnjubqqmjft-!fjuifs!uif!hfofsbm bhhsfhbuf!mjnju!tibmm!bqqmz!tfqbsbufmz!up!uijt!qspkfdu0mpdbujpo!)JTP!DH!36!14!ps!36!15* ps!uif!hfofsbmbhhsfhbufmjnju!tibmm!cf!uxjdf!uif!sfrvjsfe!pddvssfodf!mjnju/ )3*Automobile Liability;!Jotvsbodf!Tfswjdft!Pggjdf!Gpsn!Ovncfs!DB!1112!dpwfsjoh- Dpef!2!)boz!bvup*-!ps!jg!Qspwjefsibt!op!pxofe!bvupt-!Dpef!9!)ijsfe*!boe!:!)opo. pxofe*-!xjuimjnju!op!mftt!uibo!$1,000,000 qfs!bddjefou!gps!cpejmz!jokvsz!boe!qspqfsuz ebnbhf/ )4*;!Jotvsbodf!bt!sfrvjsfe!cz!uif!Tubuf!pg!Dbmjgpsojb-!xjui TubuvupszMjnjut-boeMjbcjmjuzJotvsbodfxjuimjnjupgopmfttuibo $1,000,000 qfs!bddjefou!gps!cpejmz!jokvsz!ps!ejtfbtf/!)Opu!sfrvjsfe!jg!Qspwjefsqspwjeft xsjuufo!wfsjgjdbujpo!ju!ibt!op!fnqmpzfft/* )5*Professional Liability (Errors and Omissions);!Jotvsbodf!bqqspqsjbuf!up!uif Qspwjefs$1,000,000 qfs!pddvssfodf!ps!dmbjn- tğŭĻ Ќ ƚŅ ЊЉ $2,000,000 bhhsfhbuf/ )6*Broader Coverage;!Jg!uif!Qspwjefsnbjoubjot!cspbefs!dpwfsbhf!boe0ps!ijhifs!mjnjut uibo!uif!njojnvnt!tipxo!bcpwf-!uif!Foujuz!sfrvjsft!boe!tibmm!cf!foujumfeup!uif!cspbefs dpwfsbhf!boe0ps!uif!ijhifs!mjnjut!nbjoubjofe!cz!uif!Qspwjefs/Boz!bwbjmbcmf!jotvsbodf qspdffet!jo!fydftt!pg!uif!tqfdjgjfe!njojnvn!mjnjut!pg!jotvsbodf!boe!dpwfsbhf!tibmm!cf bwbjmbcmf!up!uif!Foujuz/ c/OtherInsuranceProvisions Uifjotvsbodfqpmjdjftbsfupdpoubjo-pscffoepstfeupdpoubjo-uifgpmmpxjoh!qspwjtjpot; )2*Additional Insured Status: Uif!Djuz-!jut!pggjdfst-!pggjdjbmt-!fnqmpzfft-!boe!wpmvouffst bsf!up!cf!dpwfsfe!bt!beejujpobm!jotvsfet!po!uif!DHM!qpmjdz!xjuisftqfdu!up!mjbcjmjuz bsjtjoh!pvu!pgxpsl!ps!pqfsbujpot!qfsgpsnfe!cz!ps!pocfibmg!pg!uif!Qspwjefsjodmvejoh nbufsjbmt-!qbsut-!ps!frvjqnfou!gvsojtife!jo!dpoofdujpo!xjui!tvdi!xpsl!ps!pqfsbujpot/ Hfofsbm!mjbcjmjuz!dpwfsbhf!dbo!cf!qspwjefe!jo!uif!gpsn!pg!bo!foepstfnfou!up!uif Qspwjefs22!96!ps!cpui!DH!31!21- DH!31!37-!DH!31!44-!ps!DH!31!49<!boeDH3148gpsntjgmbufssfwjtjpotvtfe*/ )3*Primary Coverage: Gps!boz!dmbjnt!sfmbufe!up!uijt!dpousbdu-!uif!Qspwjefs dpwfsbhf!tibmm!cf!qsjnbsz!dpwfsbhf!bu!mfbtu!bt!cspbe!bt!JTP!DH!31!12!15!24!bt!sftqfdut uif!Djuz-!jut!pggjdfst-!pggjdjbmt-!fnqmpzfft-!boe!wpmvouffst/!Boz!jotvsbodf!ps!tfmg. jotvsbodf!nbjoubjofe!cz!uif!Djuz-!jut!pggjdfst-!pggjdjbmt-!fnqmpzfft-!ps!wpmvouffst!tibmm cf!fydftt!pg!uif!Qspwjefs )4*Notice of Cancellation: Fbdi!jotvsbodf!qpmjdz!sfrvjsfe!bcpwf!tibmm!qspwjef!uibu dpwfsbhf!tibmm!opu!cf!dbodfmfe-!fydfqu!xjui!opujdf!up!uif!Djuz/ )5*Waiver of Subrogation: Qspwjefsifsfcz!hsbout!up!Djuz!b!xbjwfs!pg!boz!sjhiuup tvcsphbujpouibu!boz!jotvsfs!pgtbje!Qspwjefsnbzbdrvjsf!bhbjotu!uif!Djuzcz!wjsuvf!pg uif!qbznfou!pg!boz!mptt!voefs!tvdi!jotvsbodf/!Qspwjefsbhsfft!up!pcubjo!boz foepstfnfou!uibu!nbz!cf!ofdfttbsz!up!bggfdu!uijt!xbjwfs!pg!tvcsphbujpo-!cvu!uijt qspwjtjpo!bqqmjft!sfhbsemftt!pg!xifuifs!ps!opu!uif!Djuz!ibt!sfdfjwfe!b!xbjwfs!pg tvcsphbujpo!foepstfnfou!gspn!uif!jotvsfs/ )6*Self-Insured Retentions: Tfmg.jotvsfe!sfufoujpot!nvtu!cf!efdmbsfe!up!boe!bqqspwfe!cz uif!Djuz/!Uif!Djuz!nbz!sfrvjsf!uif!Qspwjefsup!qvsdibtf!dpwfsbhf!xjui!b!mpxfs!sfufoujpo ps!qspwjef!qsppg!pg!bcjmjuz!up!qbz!mpttft!boe!sfmbufe!jowftujhbujpot-!dmbjn benjojtusbujpo-!boe!efgfotf!fyqfotftxjuijo!uif!sfufoujpo/!Uif!qpmjdzmbohvbhftibmm qspwjef-!pscf!foepstfeup!qspwjef-!uibuuif!tfmg.jotvsfe!sfufoujpo!nbz!cf!tbujtgjfe!cz fjuifs!uif!obnfe!jotvsfe!ps!Djuz/ )7*Acceptability of Insurers: Jotvsbodf!jt!up!cf!qmbdfe!xjui!jotvsfst!bvuipsj{fe!up dpo vomftt!puifsxjtf!bddfqubcmf!up!uif!Djuz/ tğŭĻ Ѝ ƚŅ ЊЉ )8*Verification of Coverage: Qspwjefstibmm!gvsojti!uif!Djuz!xjui!psjhjobm!Dfsujgjdbuft!pg Jotvsbodf!jodmvejoh!bmm!sfrvjsfe!bnfoebupsz!foepstfnfout!)ps!dpqjft!pg!uif!bqqmjdbcmf qpmjdz!mbohvbhf!fggfdujoh!dpwfsbhf!sfrvjsfe!cz!uijt!dmbvtf*!boe!b!dpqz!pg!uif Efdmbsbujpot!boe!Foepstfnfou!Qbhf!pg!uif!DHM!qpmjdz!mjtujoh!bmm!qpmjdz!foepstfnfout up!Djuz!cfgpsf!xpsl!cfhjot/!Ipxfwfs-!gbjmvsf!up!pcubjo!uif!sfrvjsfe!epdvnfout!qsjps!up uif!xpsl!cfhjoojoh!tibmm!opu!xbjwf!uif!Qspwjefs Uif!Djuz!sftfswft!uif!sjhiu!up!sfrvjsf!dpnqmfuf-!dfsujgjfe!dpqjft!pg!bmm!sfrvjsfe! jotvsbodf!qpmjdjft-!jodmvejoh!foepstfnfout!sfrvjsfe!cz!uiftf!tqfdjgjdbujpot-!buboz! ujnf/ )9*Subcontractors: Qspwjefstibmm!sfrvjsf!boe!wfsjgz!uibu!bmm!tvcdpousbdupst!nbjoubjo jotvsbodf!nffujoh!bmm!uif!sfrvjsfnfout!tubufe!ifsfjo-!boe!Qspwjefstibmmfotvsfuibu Djuzjtbobeejujpobmjotvsfepojotvsbodfsfrvjsfegspntvcdpousbdupst/ ):*Special Risks or Circumstances: Djuz!sftfswft!uif!sjhiu!up!npejgz!uiftf!sfrvjsfnfout- jodmvejoh!mjnjut-!cbtfe!po!uif!obuvsf!pg!uif!sjtl-!qsjps!fyqfsjfodf-!jotvsfs-!dpwfsbhf-!ps puifs!tqfdjbm!djsdvntubodft/ 7.INDEMNIFICATION Qspwjefsbhsfft!up!efgfoe-!boe!tibmm!joefnojgz!boe!ipme!ibsnmftt!uif!Djuz-!jut!pggjdfst-! bhfout-!fnqmpzfft-!qspwjefst-!tqfdjbm!dpvotfm-!boe!sfqsftfoubujwft!gspn!mjbcjmjuz;!)2*!gps!qfstpobm! jokvsz-!ebnbhft-!kvtu!dpnqfotbujpo-!sftujuvujpo-!kvejdjbm!ps!frvjubcmf!sfmjfg!bsjtjoh!pvu!pg!dmbjnt!gps! qfstpobm!jokvsz-!jodmvejohefbui-!boe!dmbjnt!gpsqspqfsuzebnbhf-xijdinbzbsjtf!gspnuif! ofhmjhfou!pqfsbujpot!pg!uif!Qspwjefsps!jut!Qspwjefst-!tvcdpousbdupst-!bhfout-!fnqmpzfft-!ps!puifs! qfstpot!bdujoh!po!uifjs!cfibmg!xijdi!sfmbuft!up!uif!tfswjdft!eftdsjcfe!jo!tfdujpo!2!pg!uijt! Bhsffnfou<!boe!)3*!gspn!boz!dmbjn!uibu!qfstpobm!jokvsz-!ebnbhft-!kvtu!dpnqfotbujpo-!sftujuvujpo-! kvejdjbm!ps!frvjubcmf!sfmjfg!jt!evf!cz!sfbtpo!pg!uif!ufsnt!pg!ps!fggfdut!bsjtjoh!gspn!uijt!Bhsffnfou/! Uijtjoefnojuz!boe!ipme!ibsnmftt!bhsffnfou!bqqmjft!up!bmmdmbjnt!gps!ebnbhft-!kvtu!dpnqfotbujpo-! sftujuvujpo-!kvejdjbmps!frvjubcmf!sfmjfg!tvggfsfe-!ps!bmmfhfe!up!ibwf!cffo!tvggfsfe-!cz!sfbtpo!pg!uif! fwfout!sfgfssfe!up!jo!uijt!Tfdujpo!ps!cz!sfbtpo!pg!uif!ufsnt!pg-!ps!fggfdut-!bsjtjoh!gspn!uijt! Bhsffnfou/!Uif!Qspwjefsgvsuifs!bhsfft!up!joefnojgz-!ipme!ibsnmftt-!boe!qbz!bmm!dptut!gps!uif! efgfotf!pg!uif!Djuz-!jodmvejoh!gfft!boe!dptut!gps!tqfdjbm!dpvotfm!up!cf!tfmfdufe!czuif!Djuz-! sfhbsejoh!boz!bdujpo!czb!uijseqbsuz!dibmmfohjoh!uif!wbmjejuz!pg!uijt!Bhsffnfou-!ps!bttfsujoh!uibu! qfstpobm!jokvsz-!ebnbhft-!kvtu!dpnqfotbujpo-!sftujuvujpo-!kvejdjbm!ps!frvjubcmf!sfmjfg!evf!up!qfstpobm! ps!qspqfsuzsjhiut!bsjtft!czsfbtpo!pg!uif!ufsnt!pg-!ps!fggfdut!bsjtjoh!gspn!uijt!Bhsffnfou/!Djuz! nbz!nblf!bmm!sfbtpobcmf!efdjtjpot!xjuisftqfdu!up!jut!sfqsftfoubujpo!jo!boz!mfhbm!qspdffejoh/! Opuxjuituboejoh!uif!gpsfhpjoh-!up!uif!fyufou!Qspwjefs 3893/9-!uif!bcpwf!joefnojuztibmm!cf!mjnjufe-!up!uif!fyufou!sfrvjsfe!czDjwjm!Dpef!Tfdujpo!3893/9-! up!dmbjnt!uibu!bsjtf!pg-!qfsubjo!up-!ps!sfmbuf!up!uif!ofhmjhfodf-!sfdlmfttoftt-!ps!xjmmgvm!njtdpoevdu! pg!uif!Qspwjefs/ tğŭĻ Ў ƚŅ ЊЉ 8.INTELLECTUALPROPERTYINDEMNIFICATION Qspwjefstibmm!efgfoe-!joefnojgz!boe!ipme!ibsnmftt!uif!Djuz-!jut!pggjdfst-!bhfout- qspevdu!ps!epdvnfout!qspwjefe!cz!Qspwjefsup!uif!Djuz!qvstvbou!up!uijt!Bhsffnfou/ 9.RECORDS Qspwjefs!tibmm!lffq!sfdpset!boe!jowpjdft!jo!dpoofdujpo!xjui!uif!xpsl!up!cf!qfsgpsnfe voefs!uijt!Bhsffnfou/!Qspwjefs!tibmm!nbjoubjo!dpnqmfuf!boe!bddvsbuf!sfdpset!xjui!sftqfdu!up!uif! dptut!jodvssfe!voefs!uijt!Bhsffnfou!boe!boz!tfswjdft-!fyqfoejuvsft-!boe!ejtcvstfnfout!dibshfe!up uif!Djuz!gps!b!njojnvn!qfsjpe!pg!uisff!)4*!zfbst-!ps!gps!boz!mpohfs!qfsjpe!sfrvjsfe!cz!mbx-!gspn! uif!ebuf!pg!gjobm!qbznfou!up!Qspwjefs!voefs!uijt!Bhsffnfou/!Bmm!tvdi!sfdpset!boe!jowpjdft!tibmm!cf! dmfbsmzjefoujgjbcmf/QspwjefstibmmbmmpxbsfqsftfoubujwfpguifDjuzupfybnjof-bveju-boe! nblf!usbotdsjqut!ps!dpqjft!pg!tvdi!sfdpset!boe!boz!puifs!epdvnfout!dsfbufe!qvstvbou!up!uijt! Bhsffnfou!evsjoh!sfhvmbs!cvtjoftt!ipvst/!Qspwjefs!tibmm!bmmpx!jotqfdujpo!pg!bmm!xpsl-!ebub-! epdvnfout-!qspdffejoht-!boe!bdujwjujft!sfmbufe!up!uijt!Bhsffnfou!gps!b!qfsjpe!pg!uisff!)4*!zfbst! gspn!uif!ebuf!pg!gjobm!qbznfou!up!Qspwjefs!voefs!uijt!Bhsffnfou/ 10.CONFIDENTIALITY JgQspwjefssfdfjwft!gspn!uif!Djuz!jogpsnbujpo!xijdi!evf!up!uif!obuvsf!pgtvdi!jogpsnbujpo jt!sfbtpobcmz!voefstuppe!up!cf!dpogjefoujbm!boe0ps!qspqsjfubsz-!Qspwjefsbhsfft!uibu!ju!tibmm!opu!vtf! ps!ejtdmptf!tvdi!jogpsnbujpo!fydfqu!jo!uif!qfsgpsnbodf!pg!uijt!Bhsffnfou-!boe!gvsuifs!bhsfft!up! fyfsdjtf!uif!tbnf!efhsff!pg!dbsf!ju!vtft!up!qspufdu!jut!pxo!jogpsnbujpo!pg!mjlf!jnqpsubodf-!cvu!jo! op!fwfou!mftt!uibo!sfbtpobcmf!d jogpsnbujpo/!Dpogjefoujbm!jogpsnbujpo!jodmveft!opu!pomz!xsjuufo!jogpsnbujpo-!cvu!bmtp!jogpsnbujpo! usbotgfssfe!psbmmz-!wjtvbmmz-!fmfduspojdbmmz-!ps!cz!puifs!nfbot/!Dpogjefoujbm!jogpsnbujpo!ejtdmptfe up!fjuifs!qbsuz!cz!boz!tvctjejbsz!boe0ps!bhfou!pg!uif!puifs!qbsuz!jt!dpwfsfe!cz!uijt!Bhsffnfou/!Uif! gpsfhpjoh!pcmjhbujpot!pg!opo.vtf!boe!opoejtdmptvsf!tibmm!opu!bqqmz!up!boz!jogpsnbujpo!uibu!)b*!ibt! cffo!ejtdmptfe!jo!qvcmjdmz!bwbjmbcmf!tpvsdft<!)c*!jt-!uispvhi!op!gbvmu!pg!uif!Qspwjefsejtdmptfe!jo!b! qvcmjdmz!bwbjmbcmf!tpvsdf<!)d*!jt!jo!sjhiugvm!qpttfttjpo!pg!uif!Qspwjefsxjuipvu!bo!pcmjhbujpo!pg! dpogjefoujbmjuz<!)e*!jt!sfrvjsfe!up!cf!ejtdmptfe!cz!pqfsbujpo!pg!mbx<!ps!)f*!jt!joefqfoefoumz efwfmpqfe!cz!uif!Qspwjefsxjuipvu!sfgfsfodf!up!jogpsnbujpo!ejtdmptfe!cz!uif!Djuz/ 11.CONFLICTOFINTERESTCLAUSE Qspwjefsdpwfobout!uibu!ju!qsftfoumz!ibt!op!joufsftu!boe!tibmm!opu!ibwf!joufsftut-!ejsfdu!ps joejsfdu-!xijdi!xpvme!dpogmjdu!jo!boz!nboofs!xjui!qfsgpsnbodf!pg!tfswjdft!tqfdjgjfe!voefs!uijt! Bhsffnfou/ 12.NOTICE Boz!opujdf-!ufoefs-!efnboe-!efmjwfsz-!ps!puifs!dpnnvojdbujpo!qvstvbou!up!uijt!Bhsffnfou tibmm!cf!jo!xsjujoh!boe!tibmm!cf!effnfe!up!cf!qspqfsmz!hjwfo!jg!efmjwfsfe!jo!qfstpo!ps!nbjmfe!cz! tğŭĻ Џ ƚŅ ЊЉ gjstu!dmbtt!ps!dfsujgjfenbjm-!qptubhf!qsfqbje-!ps!tfou!cz!gby!ps!puifs!ufmfhsbqijd!dpnnvojdbujpo!jo! uif!nboofs!qspwjefe!jo!uijt!Tfdujpo-!up!uif!gpmmpxjoh!qfstpot; UpDjuz; Djuz!Dmfsl DjuzpgTboub!Bob 31DjwjdDfoufsQmb{b)N.41* Q/P/Cpy2:99 TboubBob-DB:3813.2:99 Gby;!825.758.7:67 dmfslAtboub.bob/psh Xjui!b!dpqz!up;! FyfdvujwfEjsfdups QmboojohboeCvjmejohBhfodz DjuzpgTboub!Bob 31DjwjdDfoufsQmb{b)N.32* Q/P/Cpy2:99 TboubBob-DB:3813 Gby;!825.758.69:8 qcbbenjoAtboub.bob/psh UpQspwjefs; IFBSU!.Ifbmuidbsf!'Fnfshfodz!Bojnbm!Sftdvf!Ufbn Buuo;!Efcpsbi!Lpqju-!DFP Q/P/!Cpy!:85 Zpscb!Mjoeb-!DB!:3996 Gby;!768.555.3321 ctbgf3Ahnbjm/dpn Bqbsuz!nbzdibohf!jut!beesftt!czhjwjoh!opujdf!jo!xsjujoh!upuif!puifs!qbsuz/!Uifsfbgufs-! boz!dpnnvojdbujpo!tibmm!cf!beesfttfe!boe!usbotnjuufe!up!uif!ofx!beesftt/!Jg!tfou!cz!nbjm- dpnnvojdbujpo!tibmm!cf!fggfdujwf!ps!effnfe!up!ibwf!cffo!hjwfo!uisff!)4*!ebzt!bgufs!ju!ibt!cffo! efqptjufe!jo!uif!Vojufe!Tubuft!nbjm-!evmz!sfhjtufsfe!ps!dfsujgjfe-!xjui!qptubhf!qsfqbje-!boe! beesfttfe!bt!tfu!gpsui!bcpwf/!Jg!tfou!cz!gby-!dpnnvojdbujpo!tibmm!cf!fggfdujwf!ps!effnfe!up!ibwf! cffo!hjwfo!uxfouz.gpvs!)35*!ipvst!bgufs!uif!ujnf!tfu!gpsui!po!uif!usbotnjttjpo!sfqpsu!jttvfe!cz!uif! usbotnjuujoh!gbdtjnjmf!nbdijof-!beesfttfe!bt!tfu!gpsui!bcpwf/!Gps!qvsqptft!pg!dbmdvmbujoh!uiftf! ujnf!gsbnft-!xfflfoet-!gfefsbm-!tubuf-!Dpvouz!ps!Djuz!ipmjebzt!tibmm!cf!fydmvefe/ 13.EXCLUSIVITYANDAMENDMENT Uijt!Bhsffnfou!sfqsftfout!uif!dpnqmfuf!boe!fydmvtjwf!tubufnfou!cfuxffo!uif!Djuz!boe Qspwjefssfhbsejoh!uif!tvckfdu!nbuufs!ifsfjo-!boe!tvqfstfeft!boz!boe!bmm!puifs!bhsffnfout-!psbm!ps! xsjuufo-!cfuxffo!uif!qbsujft/!Jo!uif!fwfou!pg!b!dpogmjdu!cfuxffo!uif!ufsnt!pg!uijt!Bhsffnfou!boe! tğŭĻ А ƚŅ ЊЉ boz!buubdinfout!ifsfup-!uif!ufsnt!pg!uijt!Bhsffnfou!tibmm!qsfwbjm/!Uijt!Bhsffnfou!nbz!opu!cf! npejgjfe!fydfqu!cz!xsjuufo!jotusvnfou!tjhofe!cz!uif!Djuz!boe!cz!bobvuipsj{fe!sfqsftfoubujwf!pg! Qspwjefs/!Uif!qbsujft!bhsff!uibu!boz!ufsnt!ps!dpoejujpot!pg!boz!qvsdibtf!psefs!ps!puifs!jotusvnfou! uibu!bsf!jodpotjtufou!xjui-!ps!jo!beejujpo!up-!uif!ufsnt!boe!dpoejujpot!ifsfpg-!tibmm!opu!cjoe!ps! pcmjhbuf!Qspwjefsps!uif!Djuz/!Fbdi!qbsuz!up!uijt!Bhsffnfou!bdlopxmfehft!uibu!op!sfqsftfoubujpot-! joevdfnfout-!qspnjtft!ps!bhsffnfout-!psbmmz!ps!puifsxjtf-!ibwf!cffo!nbef!cz!boz!qbsuz-!ps!bozpof! bdujoh!po!cfibmg!pg!boz!qbsuz-!xijdi!bsf!opu!fncpejfe!ifsfjo/ 14.ASSIGNMENT Jobtnvdi!bt!uijt!Bhsffnfou!jt!joufoefe!up!tfdvsf!uif!tqfdjbmj{fe!tfswjdft!pg!Qspwjefs- Qspwjefsnbz!opu!bttjho-!usbotgfs-!efmfhbuf-!ps!tvcdpousbdu!boz!joufsftu!ifsfjo!xjuipvu!uif!qsjps! xsjuufo!dpotfou!pg!uif!Djuz!boe!boz!tvdi!bttjhonfou-!usbotgfs-!efmfhbujpo!ps!tvcdpousbdu!xjuipvu! Bhsffnfou!qfsgpsnfe!cz!Djuz!qfstpoofm!ps!cz!puifs!qspwjefst!sfubjofe!cz!Djuz/ 15.WAIVER Opxbjwfs!pgcsfbdi-!gbjmvsf!pg!boz!dpoejujpo-!ps!bozsjhiu!ps!sfnfez!dpoubjofe!jo!ps hsboufe!cz!uif!qspwjtjpot!pg!uijt!Bhsffnfou!tibmm!cf!fggfdujwf!vomftt!ju!jt!jo!xsjujoh!boe!tjhofe!cz! uif!qbsuz!xbjwjoh!uif!csfbdi-!gbjmvsf-!sjhiu!ps!sfnfez/!Op!xbjwfs!pg!boz!csfbdi-!gbjmvsf!ps!sjhiu-!ps! sfnfeztibmm!cf!effnfe!b!xbjwfs!pg!boz!puifs!csfbdi-!gbjmvsf-!sjhiu!ps!sfnfez-!xifuifs!ps!opu! tjnjmbs-!ops!tibmm!boz!xbjwfs!dpotujuvuf!b!dpoujovjoh!xbjwfs!vomftt!uif!xsjujoh!tp!tqfdjgjft/ 16.TERMINATION Uijt!Bhsffnfou!nbz!cf!ufsnjobufe!cz!fjuifs!qbsuzvqpo!uijsuz!)41*!ebzt!xsjuufo!opujdf!pg ufsnjobujpo/!Jo!tvdi!fwfou-!Qspwjefstibmm!cf!foujumfe!up!sfdfjwf!boe!uif!Djuz!tibmm!qbz!Qspwjefs dpnqfotbujpo!gps!bmm!tfswjdft!qfsgpsnfe!czQspwjefsqsjps!up!sfdfjqu!pg!tvdi!opujdf!pg!ufsnjobujpo-! tvckfdu!up!uif!gpmmpxjoh!dpoejujpot; b/Bt!b!dpoejujpo!pg!tvdi!qbznfou-!uif!Fyfdvujwf!Ejsfdups!nbz!sfrvjsf!Qspwjefsup efmjwfs!up!uif!Djuz!bmm!xpsl!qspevdu!dpnqmfufe!bt!pg!tvdi!ebuf-!boe!jo!tvdi!dbtf tvdi!xpsl!qspevdu!tibmm!cf!uif!qspqfsuz!pg!uif!Djuz!vomftt!qspijcjufe!cz!mbx-!boe Qspwjefsdpotfout!up!uif!Djuz(t!vtf!uifsfpg!gps!tvdi!qvsqptft!bt!uif!Djuz!effnt bqqspqsjbuf/ c/Qbznfou!offe!opu!cf!nbef!gps!xpsl!xijdi!gbjmt!up!nffu!uif!tuboebse!pg qfsgpsnbodf!tqfdjgjfe!jo!uif!Sfdjubmt!pg!uijt!Bhsffnfou/ 17.NON-DISCRIMINATION Qspwjefstibmm!opu!ejtdsjnjobuf!cfdbvtf!pg!sbdf-!dpmps-!dsffe-!sfmjhjpo-!tfy-!nbsjubm!tubuvt- tfyvbm!psjfoubujpo-!hfoefs!jefoujuz-!hfoefs!fyqsfttjpo-!hfoefs-!nfejdbm!dpoejujpot-!hfofujd! jogpsnbujpo-!psnjmjubszboe!wfufsbotubuvt-bhf-obujpobmpsjhjo-bodftusz-ps!ejtbcjmjuz-bt!efgjofe tğŭĻ Б ƚŅ ЊЉ boe!qspijcjufe!cz!bqqmjdbcmf!mbx-!jo!uif!sfdsvjunfou-!tfmfdujpo-!ufbdijoh-!usbjojoh-!vujmj{bujpo-! qspnpujpo-!ufsnjobujpo!ps!puifs!fnqmpznfou!sfmbufe!bdujwjujft!ps!boz!tfswjdft!qspwjefe!voefs!uijt! Bhsffnfou/!Qspwjefsbggjsnt!uibu!ju!jt!bo!frvbm!pqqpsuvojuz!fnqmpzfs!boe!tibmm!dpnqmz!xjui!bmm! bqqmjdbcmf!gfefsbm-!tubuf!boe!mpdbm!mbxt!boe!sfhvmbujpot/ 18.JURISDICTION-VENUE Uijt!Bhsffnfou!ibt!cffo!fyfdvufe!boe!efmjwfsfe!jo!uif!Tubuf!pg!Dbmjgpsojb!boe!uif!wbmjejuz- joufsqsfubujpo-!qfsgpsnbodf-!boe!fogpsdfnfou!pg!boz!pg!uif!dmbvtft!pg!uijt!Bhsffnfou!tibmm!cf! efufsnjofe!boe!hpwfsofe!cz!uif!mbxt!pg!uif!Tubuf!pg!Dbmjgpsojb/!Cpui!qbsujft!gvsuifs!bhsff!uibu Psbohf!Dpvouz-!Dbmjgpsojb-!tibmm!cf!uif!wfovf!gps!boz!bdujpo!ps!qspdffejoh!uibu!nbz!cf!cspvhiu!ps! bsjtf!pvu!pg-!jo!dpoofdujpo!xjui!ps!cz!sfbtpo!pg!uijt!Bhsffnfou/ 19.PROFESSIONALLICENSES Qspwjefstibmm-!uispvhipvu!uif!ufsn!pg!uijt!Bhsffnfou-!nbjoubjo!bmm!ofdfttbsz!mjdfotft- qfsnjut-!bqqspwbmt-!xbjwfst-!boe!fyfnqujpot!ofdfttbsz!gps!uif!qspwjtjpo!pg!uif!tfswjdft!ifsfvoefs boe!sfrvjsfe!cz!uif!mbxt!boe!sfhvmbujpot!pg!uif!Vojufe!Tubuft-!uif!Tubuf!pg!Dbmjgpsojb-!uif!Djuz!pg! Tboub!Bob!boe!bmm!puifs!hpwfsonfoubm!bhfodjft/!Qspwjefstibmm!opujgz!uif!Djuz!jnnfejbufmz!boe!jo! xsjujoh!pg!jut!jobcjmjuz!up!pcubjo!ps!nbjoubjo!tvdi!qfsnjut-!mjdfotft-!bqqspwbmt-!xbjwfst-!boe! fyfnqujpot/!Tbje!jobcjmjuz!tibmm!cf!dbvtf!gps!ufsnjobujpo!pg!uijt!Bhsffnfou/ 20.MISCELLANEOUSPROVISIONS b/Fbdi!voefstjhofe!sfqsftfout!boe!xbssbout!uibu!jut!tjhobuvsf!ifsfjo!cfmpx!ibt!uif!qpxfs- bvuipsjuz!boe!sjhiu!up!cjoe!uifjs!sftqfdujwf!qbsujft!up!fbdi!pg!uif!ufsnt!pg!uijt!Bhsffnfou- boe!tibmm!gfft-!gps!boz jokvsjft!ps!ebnbhft!up!Djuz!jo!uif!fwfou!uibu!tvdi!bvuipsjuz!ps!qpxfs!jt!opu-!jo!gbdu-!ifme!cz uif!tjhobupsz!ps!jt!xjuiesbxo/ c/Bmmfyijcjut!sfgfsfodfe!ifsfjo!boe!buubdife!ifsfup!tibmmcf!jodpsqpsbufe!bt!jg!gvmmztfu gpsui!jo!uif!cpez!pg!uijt!Bhsffnfou/ \[signature page follows\] tğŭĻ В ƚŅ ЊЉ SIGNATUREPAGEFOR AGREEMENT BETWEEN THE CITY OF SANTA ANA AND HE••••••••••••LTHCARE••••EMERGENCY ANIMAL RESCUE TEAM TOPROVIDE SPAY AND NEUTER CLINICSERVICES JOXJUOFTTXIFSFPG-uifqbsujft!ifsfupibwffyfdvufeuijt!Bhsffnfouuifebufboezfbs! gjstu!bcpwf!xsjuufo/! ATTEST:CITYOFSANTAANA ```````````````````````````````````````````````` KfoojgfsM/Ibmm Uipnbt!Ibudi JoufsjnDjuzNbobhfs DjuzDmfsl HEA••••••••••••LTHCARE•• APPROVEDASTOFORM EMERGENCY ANIMAL RESCUE TPOJBS/DBSWBMIP DjuzBuupsofz TEAM Cz; ```````````````````````` Csboepo!Tbmwbujfssb Efcpsbi!Lpqju! EfqvuzDjuzBuupsofz DFP-!Pqfsbujpot!Nbobhfs RECOMMENDEDFORAPPROVAL Njoi!Uibj! FyfdvujwfEjsfdups QmboojohboeCvjmejohBhfodz tğŭĻ ЊЉ ƚŅ ЊЉ Police Department www.santa-ana.org/police Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Police Evidence Storage Warehouse Lease Agreements AGENDA TITLE Lease Agreements with Rick Kagasoff for Two Warehouse Locations for the Santa Ana Police Department Evidence Section in the Amount of $877,200 RECOMMENDED ACTION Authorize the City Manager to execute three-year lease agreements with Rick Kagasoff for two separate warehouse locations for the period of May 1, 2024 through April 30, 2027, with an option for one 1-year extension, in an aggregate amount not to exceed $877,200 (Core Agreement No. A-2024-XXX): Warehouse 1 – 6,500 sq. ft. industrial building in an amount not to exceed $438,600 Warehouse 2 – 6,500 sq. ft. industrial building in an amount not to exceed $438,600 GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department’s Evidence Section utilizes two warehouse locations to store large evidence items related to the mandatory evidentiary storage of illegal cannabis locations and gambling locations. Due to the size of the gambling machines and cannabis equipment, the Police Department’s Evidence Section is unable to store these items. The City Council approved separate three-year lease agreements with Rick Kagasoff for each location on April 21, 2020 and April 6, 2021. The Police Department exercised the first option for a one-year extension for one warehouse and both agreements are set to terminate at the end of April 2024. Based on the number of seizures over the past years, these warehouses are close to capacity. Under our current lease, the property owner reinforced the fenced yard space Police Evidence Storage Warehouse Lease Agreements April 2, 2024 Page 2 between the warehouses at no cost to the City. The warehouse locations have been mutually beneficial to both the property owner and the Police Department, as the property owner appreciates the law enforcement presence in the area. The property owner also added additional lighting, interior reinforced security bars, and permitted infrastructure for cameras and storage. In March 2024, a search for properties was conducted for current City-owned property that would meet the proper evidentiary requirements per the Department of Justice and none were located and/or available. The current two warehouses met the needed requirements and the property owner negotiated a lower warehouse lease cost of $16.80 per square foot per year. Current price per square foot for industrial warehouses within the City of Santa Ana range from $17.40 to $24. The property owner has partnered with the Police Department on this project and understands the needs of the warehouses for the Department and the benefits to the community. Therefore, staff recommends renewing the lease agreements for both locations. The proposed three-year lease agreement allows the Police Department to continue its storage of evidence without disruption. The lease agreements will cover the period of May 1, 2024 through April 30, 2027 and each warehouse lease will be $9,100 per month. These agreements also include a one-year extension option, following expiration of this lease, at $9,250 per month. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows: Accounting Unit - Fund Accounting Unit, Fiscal YearAmount Account#DescriptionAccount Description Cannabis Police Enforcement FY 23-2401214010-62500Public Benefit Services, Rent $ 36,400 FundPayments Cannabis Police Enforcement FY 24-2501214010-62500Public Benefit Services, Rent $218,400 FundPayments Cannabis Police Enforcement FY 25-2601214010-62500Public Benefit Services, Rent $218,400 FundPayments Cannabis Police Enforcement FY 26-2701214010-62500Public Benefit Services, Rent $219,000 FundPayments Cannabis Police Enforcement FY 27-2801214010-62500Public Benefit Services, Rent $185,000 FundPayments Total$877,200 Police Evidence Storage Warehouse Lease Agreements April 2, 2024 Page 3 Note: FY 26-27 and FY 27-28 totals include one-year extension option. EXHIBIT(S) 1. Lease Agreement with Rick Kagasoff (Warehouse 1) 2. Lease Agreement with Rick Kagasoff (Warehouse 2) Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Tom Hatch, Interim City Manager EXHIBIT 1 JO!XJUOFTT!XIFSFPG-!uif!qbsujft!ifsfup!ibwf!fyfdvufe!uijt!Bhsffnfou!uif!ebuf!boe!zfbs! gjstu!bcpwf!xsjuufo/ ATTEST;CITY OF SANTA ANA `````````````````````````````````````````````` KFOOJGFS!M/!IBMMUIPNBTS/IBUDI Djuz!DmfslJoufsjnDjuz!Nbobhfs APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: TPOJB!S/!DBSWBMIP Djuz!Buupsofz Cz;!``````````````````````````````````````````````` UBNBSB!CPHPTJBOSPCFSU!SPESJHVF\[ Tfojps!Bttjtubou!Djuz!BuupsofzBdujoh!Dijfg!pg!Qpmjdf EXHIBIT 2 JO!XJUOFTT!XIFSFPG-!uif!qbsujft!ifsfup!ibwf!fyfdvufe!uijt!Bhsffnfou!uif!ebuf!boe!zfbs! gjstu!bcpwf!xsjuufo/ ATTEST;CITY OF SANTA ANA `````````````````````````````````````````````` KFOOJGFS!M/!IBMMUIPNBTS/IBUDI Djuz!DmfslJoufsjnDjuz!Nbobhfs APPROVED AS TO FORM:RECOMMENDED FOR APPROVAL: TPOJB!S/!DBSWBMIP Djuz!Buupsofz Cz;!``````````````````````````````````````````````` UBNBSB!CPHPTJBOSPCFSU!SPESJHVF\[ Tfojps!Bttjtubou!Djuz!BuupsofzBdujoh!Dijfg!pg!Qpmjdf Public Works Agency www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Santiago Park Main Street Construction Project AGENDA TITLE Resolution to Authorize Grant Funds from the State Coastal Conservancy Grant for Santiago Park Main Street Construction Project RECOMMENDED ACTION Adopt a resolution accepting grant funds from the State Coastal Conservancy Grant for Santiago Park Main Street Construction, Main Street Entrance in an amount of $2,807,000. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE SANTIAGO PARK MAIN STREET CONSTRUCTION GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Santiago Park is a 35-acre linear park located on the northern edge of the City of Santa Ana along Santiago Creek. Being the City’s only wilderness park, it is an important site within the park system due to Santa Ana’s urban environment and population density. The park provides critical open space and natural respite for residents living in dense urban conditions with limited access to the outdoors. On June 21, 2023, the Public Works Agency’s Park Planning Division submitted an application to the State Coastal Conservancy (SCC) for the Santiago Park Main Street Construction project. The project intends to increase public use of the trail, provide additional connectivity to the park, and further enhance this natural park by restoring the native landscape. The scope of work involves the construction of ADA-accessible pedestrian walkways, bike trails, creek viewing decks, interpretive graphics, security lighting, drought-tolerant landscaping, and drip irrigation in the area from the Main Street entrance and east to the Log Cabin. On February 20, 2024, the State notified the City regarding the grant award. As a requirement of the grant, the City is to adopt a resolution approving the award of the Santiago Park Main Street Construction Project April 2, 2024 Page 2 Conservancy Grant, agreeing to the terms of the grant, and designating officers and/or employees to act as a representative to complete grant requirements and documentation. Staff recommends adopting a resolution accepting the grant funds from the SCC for Santiago Park Main Street Construction in the amount of $2,807,000 to cover the cost of the project (Exhibit 1). This grant will not require any matching funds from the City. FISCAL IMPACT There is no fiscal impact associated with the action. Once the City has an award of the grant, a staff report will be presented to the City Council at a later date to recognize and appropriate grant funds. EXHIBIT(S) 1.Resolution Santiago Park Main Street Construction 2.Conceptual Layout Plan Submitted By: Nabil Saba, P.E., Executive Director - Public Works Agency Approved By: Tom Hatch, Interim City Manager RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR THE SANTIAGO PARK MAIN STREET CONSTRUCTION WHEREAS, the Legislature of the State of California has established the State Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement the provisions of Division 21; and WHEREAS, the Conservancy awards grants for projects that it determines are consistent with Division 21 of the Public Resources Code Strategic Plan and limited funding; and WHEREAS,the City's Public Works ParkServices submitted an application for these grantfunds to make improvements to the City'sSantiago Park; and WHEREAS, at its February 15, 2024meeting, the Conservancy adopted a Gthe Santiago Park Main Street EntrancePin an amount not to exceed$2,807,000. The resolution was adopted by the Conservancy pursuant to and is included in the Conservancy February 15, 2024staff recommendation, a copy of which is on file with the Grantee and with the Conservancy; and WHEREAS, theProject isintendedtoenhance and restore the primary entrance to Santiago Park,increasepublicuseofthetrail,provide additional connectivity to the park, and further enhance this natural park by restoring the native landscape and includes construction of an ADA accessible pedestrian walkway, bike trail, creek viewing decks, interpretive graphics, security lighting, drought tolerant landscaping and drip irrigation from the Main street entrance; and WHEREAS, the Conservancy requires that the governing body of the Grantee certify through a resolution that it approves the awardof Conservancy grant funding and authorizes the execution by a representative of the Grantee of a grant agreement on terms and conditions required by the Conservancy grant agreement. NOW, THEREFORE, BE IT RESOLVEDby the City Council of the City of Santa Ana as follows: Section 1.The award of grantfunding from the Conservancy for the Projectis hereby approvedin an amount not to exceed $2,807,000. Resolution No. 2024-XXX Page 1of 3 Section 2.Granteeacknowledges that it has or will have sufficient funds to complete the Project and, if any property is acquired as part of the Project,to operate and maintain the property and, if any facilities are constructed as a part of the Project, to operate and maintain the facilities for a reasonable period, not less than the useful life of the facilities. Section 3.Grantee agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Conservancy and as may be necessary to fulfill the terms of the grant agreement and to complete the Project. Section 4.Grantee authorizes the City Manager, or designee,to act as a representative of the Grantee, to negotiate and execute on behalf of the Grantee all agreements and instruments necessary to complete the Project,and to comply with the Section 5.This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerkshall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of April, 2024. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, CityAttorney By: Brandon Salvatierra DeputyCity Attorney AYES: Councilmembers NOES:Councilmembers ABSTAIN:Councilmembers NOT PRESENT:Councilmembers _ Resolution No. 2024-XXX Page 2of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on April __, 2024. Date: ______________________ ________________________________ City Clerk City of Santa Ana Resolution No. 2024-XXX Page 3 of 3 EXHIB IT 2  !"$$  !"#$%&#'()!* +,-!%(-) .-(! ,%+##%/0$+ 1#0#!%'2 Finance and Management Services www.santa-ana.org/finance Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Early Direction for the Fiscal Year 2024-25 Budget AGENDA TITLE Early Direction for the Fiscal Year 2024-25 Budget (continued from the meeting of March 19, 2024, Item No. 26) RECOMMENDED ACTION Provide direction for preparation of the proposed FY 2024-25 budget. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION This Early Direction agenda item is the beginning of City Council deliberations for the upcoming FY 2024-25 budget. This report has two purposes: provide information that impacts the budget in FY 2024-25 or the future, and request direction from City Council. The City Council is scheduled to consider the proposed budget in May and hold a public hearing in June. Budget Outreach On December 19, 2023, the City Council approved the Budget Calendar and Community Engagement Plan for the FY 2024-25 budget process. To date, the following actions have been taken: The budget survey was posted to the City’s website on January 8 in three languages. On February 12, the City began Social Media posts regarding budget engagement, including the simulation tools. Community outreach at events began on February 3. During the February 20 City Council meeting, staff shared a new budget video with the City Council and the public. Neighborhood meetings began on February 22. A postcard with engagement information was mailed to every household on March 1. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 2 Through March 3, the City has received 719 budget survey responses. Staff will continue community engagement and expects to present summary results to the City Council on May 7. Budget Process The City will conduct its internal budget meetings with departments from March 25 to April 5 to receive supplemental budget requests and staff priorities. After comparing the requests to City Council priorities received during Early Direction and community priorities received during budget outreach, Finance will work with the City Manager’s Office to build a proposed budget for City Council consideration in May. City Council Priorities Identified to Date City Council Members have identified some of their top priorities to address during the budget process. Exhibit 1 includes a list of those priorities, along with additional information and recommendations for each. GENERAL FUND The recurring portion of the FY 2023-24 (current year) General Fund budget is summarized below. Revenue$400,824,370 Spending($400,811,075) Net Recurring Activity$13,295 With costs increasing faster than revenue sources, we expect the FY 2024-25 budget will be difficult to balance. Receiving Early Direction from City Council will help staff develop a balanced proposed budget that meets the needs of the community. General Fund Ten-Year Outlook The General Fund Ten-Year Outlook has been updated with the latest information available. The following assumptions were used: Only recurring revenues and spending were included; Property Tax estimates from consultant for FY 2024-25 through FY28-29, 3% increase thereafter; Sales Tax estimates from consultant for FY 2024-25 through FY 2029-30, 3% increase thereafter; Inflation Factor for all other revenues: increase of Consumer Price Index as forecasted by CA Department of Finance for FY 2024-25 through FY 2026-27 (2.4%, 2.6%, 2.7%) and 3% thereafter; Labor at the top of the range: negotiated increases of 3% for FY 2024-25, Inflation Factor thereafter; For labor below the top of the range, use the same 3% as above + 5% merit step increases; Orange County Fire Authority contract increase of 4.5% annually; Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 3 Contribution to OC Street Car operations beginning November 2025, increasing by Inflation Factor; Debt retirements (Police Building, City Hall Annex, 800Mhz communication system, Streetlights); Employee pension unfunded liability contributions as estimated by CalPERS, increasing due to the CalPERS investment losses in FY 2021-22; Contributions to, and uses of, the Pension Stabilization Account have been included to smooth the pension debt fluctuations; and Inflation Factor for all other spending. The graphical results of the Outlook indicate that expenditures are increasing faster than revenue, creating a deficit beginning in FY 2025-26. When the Measure X rate decreases in 2029, that deficit will increase significantly. There are three basic options to rebalance the budget in the future: 1.Request voter approval for a revenue measure; 2.Reduce service levels to fit within available resources; and/or 3.Encourage new development to increase the tax base in the City, which may also necessitate increased spending to serve additional residents and businesses. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 4 The FY 2023-24 Measure X spending plan is attached to this report as Exhibit 2. The detailed spending plan identifies expenditures that may be considered if and when it becomes necessary to reduce costs to rebalance the budget. Recommendations from Measure X Oversight Committee The Measure X Citizens Oversight Committee met on February 21 and March 13 to formulate recommendations for the FY 2024-25 budget process. Staff expects to include those recommendations in the April 2 presentation to City Council. Use of One-Time General Fund Money As part of the Midyear Budget Report on February 20, staff provided an estimate of $14,650,726 of General Fund balance available for one-time spending. Staff seeks direction from City Council regarding one-time spending to include in the proposed FY 2420-25 budget. Options follow. Establish a Measure X sunset stabilization fund, as recommended by the Measure X Citizens Oversight Committee. Make an additional contribution to the employee pension cost stabilization fund to mitigate future cost increases due to CalPERS investment losses. As discussed throughout this report, staff has multiple recommendations for one- time spending to be included in the proposed FY 2024-25 budget. Miscellaneous Fees The City charges fees for services to individuals that do not benefit the public at large (e.g. building permit). Per state law, the City cannot charge more than its cost to provide the service. Each year, staff recommends increasing miscellaneous fees to keep up with the City’s costs of doing business. Last year, the budget included an increase of 4.1%, based upon the increase of compensation for employees providing the services (both salary and benefits). The increase of the Consumer Price Index for Los Angeles-Long-Beach Anaheim for the year ended December 2023 was 4.66%. The employee bargaining groups negotiated wage increases of 3% for the current fiscal year. In addition, many of the ’s employees received merit step increases of 5%. Contributions for employee health insurance increased 8.1% and the City’s normal cost contribution for the employee pension plan increased by 9.5% for public safety and 11.75% for all other employees. Based on this information, an increase of up to 4.66% is substantiated and the City would maintain compliance with state law. Shall staff include a miscellaneous fee increase of 4.66% in the proposed FY 2024-25 budget? Ambulance Transport Reimbursements As previously reported on May 16, 2023 and with the Midyear Budget report on February 20, 2024, the City has benefited from a new federal program that provides Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 5 higher reimbursement rates for Medicare and Medi-Cal transports, which comprise three-quarters of the ambulance transports in Santa Ana. The California Department of Health Care Services (DHCS) developed the Public Provider Ground Emergency Medical Transport (PP-GEMT) Intergovernmental Transfer Program (IGT) program to provide increased reimbursements, by application of an add- on increase, to emergency medical transports provided by eligible public GEMT providers. The program became effective on January 1, 2023 and requires an overall level of participation from local agencies in the form of discretionary contributions to fund a portion of the increased reimbursements. Based on the latest information we have, this new program has nearly doubled the revenue to the City; yet the City is the only remaining large agency in the state that has not paid the PP-GEMT contribution, estimated to be $2.9 million annually. The City’s consultant AP Triton is working to complete an Emergency Medical Services Transportation and Optimization Study. The Study includes recommendations to increase and establish fees to be reimbursed by PP-GEMT and insurance companies. In addition, it may be beneficial for the City to have an ongoing consultant arrangement to help manage the ambulance contract and maximize transport reimbursements. If staff pursued these fee recommendations, revenue may exceed $13 million (current estimate is $10 million). The increased revenue could be used to pay for the PP-GEMT contribution and consulting assistance. Shall staff pursue the fee increases recommended by AP Triton and include allocations for the PP-GEMT contribution and consulting assistance in the FY 2024-25 budget, offset by increased revenue? Parking Validations The City Clerk provides parking validations for all who attend City Council meetings and park in the Civic Center garage. The cost of providing these parking validations is approximately $27,500 annually, which is not budgeted. To date, the cost has been absorbed with other budgetary savings. Shall staff continue to provide parking validations and include the cost in the proposed FY 2024-25 budget? Parking Enforcement Program In addition to Parking Control Officers, the Parking Enforcement program utilizes services from two different contractors: Data Ticket and LAZ Parking California. These contracted services help the City generate $4.9 million of annual parking fine revenue with a current year Parking Enforcement program budget of approximately $3 million. The current year budget allocated for Data Ticket automated parking citation and processing services is $368,200 based on the original agreement approved in February Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 6 2022. On January 16, 2024, staff proposed and City Council approved an amendment to the contract to provide for increased postage costs and an increased volume of delinquency processing. The amended cost of annual service is approximately $700,000. Shall staff include an allocation of $700,000 in the proposed FY 2024-25 budget (an increase of $331,800 from baseline budget) to maintain service levels and process delinquency payments? Or shall staff seek an option with a lower level of service to fit within the baseline budget of $368,200? The current year budget included an allocation of $826,260 for the LAZ parking enforcement contract. The highest-scoring proposal for services included a cost of $1,153,368. The Police Department reduced the proposed service hours to arrive at a contract cost of $938,444 per year, which was approved by City Council on June 20, 2023. The Police Department has found that the reduced level of service is not sufficient for the City’s needs. Shall staff include an allocation of $1,153,368 in the proposed FY 2024-25 budget (an increase of $327,108 from baseline budget) to return to the previous level of service? Or shall staff maintain the decreased level of service and include an allocation of $938,444 in the proposed FY 2024-25 budget? Downtown Parking Enterprise Prior to the COVID-19 pandemic in March 2020, the Parking Enterprise fund had been spending down the accumulated fund balance for three years to install automated parking garage equipment, new parking meters, and lighting improvements. Due to the decrease in parking rates requested by the downtown business community, the Parking Enterprise has received multiple General Fund subsidies to backfill the cost of operations. The table below illustrates the current deficit with variable parking rates. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 7 If the City continues providing reduced parking rates, the estimated General Fund subsidy necessary for FY 2024-25 will be $2.2 million. A significant portion of the Parking Enterprise includes Downtown Enhancement with the Clean and Safe program which undertakes functions such as power washing and other debris pick-up. Reinstating rates to fund the Parking Enterprise is important for the atmosphere and upkeep of amenities in Downtown Santa Ana. Shall staff reinstate the downtown parking rates to avoid another General Fund subsidy in Parking Enterprise? Zoo Operations The costs to operate Municipal zoos, aquariums, and museums are typically subsidized, based on the educational and recreational benefits to residents. The Santa Ana Zoo has an annual operations budget of approximately $3 million. This does not include any capital projects such as new or rehabilitated exhibits and safety improvements. Last year, revenue reached $1.8 million, the most ever received. Therefore, the Zoo currently requires an annual subsidy of approximately $1.2 million (or 40%) for recurring operations. In contrast, the City’s General Fund contributes nearly $1.7 million annually to the Bowers Museum for operations. The Zoo continues to find creative ways to increase revenue for a higher level of operations that support accreditation. On February 20, the City Council approved a concession agreement that includes alcohol sales, with the Zoo receiving a revenue share ranging between 6% and 10% of sales. The Zoo is considering implementation of Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 8 other revenue-generating programs such as yoga in the Zoo and behind-the-scenes animal encounters. The Zoo will host its second Brew at the Zoo event this year. Last year, the Zoo increased admission prices by $1. Due to the extensive ongoing construction that includes the Giant River Otter habitat, staff does not plan to request another admission price increase for FY 2024-25. However, the City may need to consider an admissions increase in the following year. Except for the Orange County Zoo which has an unusual heavily subsidized admission of $2 per person, the Santa Ana Zoo is still a relative bargain when compared to other similar attractions. Any future staff proposal will include details and benchmarking. To provide a recurring allocation for deferred maintenance and other capital needs, staff will consider recommending a Zoo subsidy increase from $1.4 million to $1.7 million with the proposed FY 2024-25 budget. Vehicle Incentive Program In 2019, the City Council approved the Santa Ana Vehicle Incentive Program, which provides a $500 dollar rebate to residents who purchase a new or used vehicle at one of 10 participating Santa Ana auto dealerships. The program was developed at the request of the auto dealers, as they were concerned with the impacts that the November 2018 Measure X sales tax increase would have on auto sales. This 5-year program is currently funded by the General Fund and the agreement is set to expire in March 2024. The dealerships have requested a 10-year extension of the program at $1 million per year. Actual program expenditures since inception and the current year budget follow. FY19-20$937,500 FY20-21$860,000 FY21-22$649,500 FY22-23$651,500 FY23-24 to date$606,000 FY23-24 budget$1,700,000 Staff does not recommend extending the program. As an alternative, City Council could consider an extension to March 31, 2029 (the last day of the 1.5% Measure X rate), with a smaller funding allocation. Shall staff prepare an extension of the program for City Council consideration and include a Vehicle Incentive Program allocation in the proposed FY 2024-25 budget? City Events The City Events budget for the current year includes a $1,581,640 allocation from recurring revenue and $900,000 from one-time resources. The FY 2024-25 draft proposed budget is $1,605,700 with no one-time allocations. This does not include Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 9 Public Safety support for these events; which to date, has been absorbed by the Public Safety budgets using staff vacancy savings. EventApproximate Current Year Proposed FY24-25 Current Year One-Time Allocations AllocationsAllocation Easter$35,000$45,000 Juneteenth$55,000$41,000 Movie Series$65,000$70,000 Fourth of July$105,000$100,000 Concert Series$60,000$70,000 Birch Series$18,640$0 Indigenous Peoples’ $30,000$31,000 Day Chicano Heritage$145,000$125,000 Fiestas Patrias$530,000$475,000 Santa Ana Holidays$290,000$900,000$240,000 Mid-Autumn Festival$60,000$75,000 Recreation Section $3,000$117,700 Events Tet Festival$95,000$75,000 Zoo Events$10,000$36,000 Shakespeare$10,000$10,000 Santa Ana Fun Run$70,000$85,000 Pacific Symphony$0$10,000 Totals$1,581,640$900,000$1,605,700 Staff welcomes City Council direction regarding the City Events budget. INTERNAL SERVICE FUNDS During the 2023 budget process, staff shared concerns with the City Council regarding the fiscal health of internal service funds. These funds provide a centralized service and charge departments for use of the services (e.g. Building Maintenance). Over the last several years, the City has taken steps to solve long-term issues for each fund. Most recently on December 19, City Council approved a one-time $2.9 million subsidy for the Engineering Division. There are four potential forthcoming requests for internal service funds, discussed below. Central Stores Due to just-in-time availability from resource vendors, the use of Central Stores has decreased over the years. With decreased usage, the City has lost economies of scale and there is no longer a cost benefit of maintaining a Central Stores. At this point, there is only a need to keep specialized water operations equipment on hand. Therefore, staff is preparing to close the Central Stores internal service fund by the end of the current Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 10 fiscal year and transfer the remaining inventory and staffing to the Water Enterprise. In preparation for the closure, the City recently ended its relationship with Shamrock Supply Company for consignment inventory. Account reconciliations indicate that a one- time subsidy ranging from $500,000 to $800,000 will be necessary to close the fund. Once the fund is closed, gas and diesel sales will move to the Corporate Yard fund. Corporate Yard In recent past, the City’s Corporate Yard has been underutilized, and has not been able to charge enough usage fees to cover its costs. In addition, the Corporate Yard recently incurred significant costs to mitigate hazardous waste. Therefore, we expect to request a one-time subsidy ranging from $500,000 to $700,000 to make the fund whole. Going forward, Public Works is exploring potential use from other governmental agencies to increase revenue for the Corporate Yard; and as noted above, the operation will benefit from fuel sales. Information Technology The Information Technology internal service fund has an estimated spendable fund balance of $12 million to be used for a variety of system upgrade projects, including a new land management system and a new Enterprise Resource Planning (ERP) system. A new ERP system would serve Accounting, Payroll, Human Resources, and Cashiering. The existing systems were implemented roughly 20 years ago, and were simply upgrades of the previous mainframe versions. The City recently received ERP system proposals and is in the process of evaluation. Although it is too soon to identify a specific amount, the latest estimate is $7.65 million. Additional funding may be necessary to purchase the system, implement it, and provide training. Equipment Replacement Fund The City has a large fleet of vehicles used to provide services to the public, comprised of both owned and leased vehicles. On December 19, the City Council approved renewal agreements with Enterprise Fleet Management for leased vehicles used in both the Police Department and the Planning & Building Agency (PBA). There are a total of 18 leased vehicles used in PBA, all with lease terms that end during FY 2024-25. When vehicles are held for the full useful life of the vehicle, leasing becomes a more expensive option than purchasing. The estimated cost to purchase 18 new vehicles for PBA is approximately $1 million, due to the new state law requiring a mix of electric vehicles in the fleet. To minimize long-term costs, shall staff include a one-time spending allocation in the proposed FY 2024-25 budget to purchase replacement vehicles for PBA? RESTRICTED FUNDS Cannabis Public Benefit Fund Two-thirds of Cannabis Tax revenue related to adult-use and supply activities is transferred to the Cannabis Public Benefit Fund each year pursuant to Santa Ana Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 11 Municipal Code Section 13-203. To date, this funding has provided for both recurring programs and one-time projects supporting youth services and enforcement activities. The Cannabis tax rates were reduced effective January 1, 2023, resulting in a decrease of revenue transferred to the Cannabis Public Benefit Fund. Now that we have a full year of experience with the decreased tax rates, it appears that ongoing revenue is approximately $9.4 million and the recurring baseline budget is approximately $9.8 million. The accumulated fund balance was able to absorb the spending deficit for FY 2023-24, but the recurring budget must be rebalanced for FY 2024-25. A snapshot of recurring spending programs follows. Approximately $4.2 million is programmed for youth services and approximately $5.6 million is programmed for enforcement activities. LibraryBook Mobile135,360 LibraryDigital Subscriptions & Content174,540 LibraryHotspots and Chromebooks Data Plans295,460 LibraryLibrary Staffing & Support271,110 LibraryLibrary Youth Programs/Events98,530 RecreationRecreation & Zoo Staffing & Support2,031,620 RecreationZoo and You114,880 RecreationZoo Nature Center70,610 RecreationAquatics102,280 RecreationAquatics Maintenance40,000 RecreationTeen Excursions62,510 RecreationRecreation Mobile8,750 RecreationRecreation Events5,350 RecreationRecreation Youth Programs29,050 RecreationInternship Program Wages & Support742,360 CAOCity Attorney Staffing & Support253,080 CAOLegal Services Contracts300,000 PBACode Enforcement Staffing & Support1,172,520 PBACode Enforcement Equip/Supply18,000 PolicePolice Staffing & Support2,359,350 PoliceEvidence Warehouse132,400 PoliceBody Worn Camera Program (year 2 of 5)1,029,150 FinanceFinance Collections Staffing & Support107,440 FinanceCannabis Auditing Contracts255,550 Total Expenditures - Original Budget9,809,900 Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 12 Staff expects to propose a balanced budget for FY 2024-25, which may result in reduced spending for one or more of the programs listed above. Staff welcomes City Council input regarding programs that should be considered for reduction. Opioid Settlement Money To date, the City has received $1.75 million of opioid settlement money. The City has also received an invoice for attorney’s fees of $248,208 to be paid from the settlement money, and the City used $1 million of this money to help purchase the Carnegie Shelter, leaving a balance of $0.5 million. The City will continue to receive settlement payments of at least $400,000 annually through 2039. The money is highly restricted to specific opioid-related expenditures. Currently, staff is planning to purchase naloxone for first responders to use and distribute once the state no longer provides it to local government for free. The City’s Homeless Services Division Manager has indicated that we have a need for securing beds at College Hospital or Phoenix House for homeless individuals who want to detoxify from Fentanyl. The process of detoxification is very difficult and is best done with hospital rehabilitation. Shall staff explore the feasibility of using this funding for medical treatment for homeless individuals with an addiction to Fentanyl who wish to detoxify? Gas Tax The City receives allocations from the state Highway Users Tax Account (HUTA, commonly known as Gas Tax) and the Road Maintenance and Rehabilitation Account (RMRA). Both HUTA and RMRA are cents-per-gallon taxes. Therefore, if consumption decreases, so does the City’s revenue allocations. The City expects to receive $15.8 million from these allocations in the current fiscal year. Next fiscal year, the estimate from the League of California Cities is $16.5 million or 4.4% more overall. The increase is short-lived. The California Legislative Analyst Office (LAO) released a report in December 2023 regarding the impact of California’s climate policies (e.g. mandating more electric vehicles) on transportation funding such as HUTA and RMRA. The report states: “Most significantly, policies aimed at increasing the adoption of ZEVs will decrease the consumption of gasoline and diesel fuels, and consequently reduce the associated tax revenues that currently support the state’s transportation system.” The report goes on to estimate state transportation revenues will decrease by 31% over the next decade, and recommends the California Legislature develop a long-term plan. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 13 The City’s HUTA and RMRA allocations currently fund the following expenditures. Debt Service for $68 million of local street improvements $3.2 million beginning in 2007 (debt is scheduled to be paid-off in 2040) Traffic Signal Maintenance$2.6 million Median Landscaping$1.2 million Roadway Maintenance$2.0 million Street Projects (SB-1 spending plan approved by City Council $7.7 million each year) Recurring Programs Paid by Gas Tax Fund$16.7 million In the last five years, since the passage of Measure X, the City’s General Fund began paying for the following recurring roadway maintenance expenditures. Streetlights$1.0 million Alley Improvements$1.5 million Sidewalk and/or Street Repair$1.0 million Traffic Calming$1.0 million Median Landscaping$0.5 million Street Paving$2.0 million Recurring Programs Paid by Measure X in the General Fund$7.0 million Additional General Fund spending may become necessary in the future with the eventual decrease of Gas Tax revenue, yet the Measure X funding source is scheduled to decrease by 33% in 2029. Revive Santa Ana The Revive Santa Ana spending plan is primarily funded with the City’s $128 million allocation from the federal American Rescue Plan Act (ARPA), which is one-time money. To date, the City has spent and obligated total funding of $70.5 million. Many projects are in the design phase and are scheduled for contract award during 2024. The deadline to obligate the remaining funding is December 31, 2024. The deadline for final spending is December 31, 2026. Staff is performing an internal review of project status to determine if there are project savings available to fund additional items. The following is a short list of unfunded high- priority projects that qualify for ARPA money. The Main Library renovation project has a funding shortfall of $2.3 million for furniture and fixtures. The Zoo Master Plan includes a Zoo Primate Forest. Funding of approximately $1 million is needed to prepare the design and construction documents, to ensure the project is shelf-ready for grant and other restricted funding opportunities. Recreation & Parks has identified a need for $2.1 million of funding for park lighting, as detailed below. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 14 o Delhi Park: upgrade existing baseball field lights, install new LED lighting for two additional multi-purpose fields including security lighting, and lighting for the playground and fitness court. o Angels Park: install new multi-purpose LED field lighting, security lighting, basketball court lighting, and playground lighting. o Adams Park: retrofit existing poles and fixtures to LED including security lighting, and lighting for the restrooms and playground. o Rosita Park: retrofit existing poles and fixtures to LED including security lighting, and lighting for the playground and fitness court. Cypress Fire Station project with an estimated cost of $4.3 million with no identified funding source. Federal ARPA funding for staffing must be spent by December 31, 2024. In other words, the only staff expenditures that will be accepted from January 1, 2025 through December 31, 2026 are those related to compliance and reporting activities. ARPA- funded staff positions below are not eligible for expenditure after December 31, 2024. PositionService ProvidedAnnual Cost PAAL Assistant DirectorPlans and supervises recreational and $112,620 educational after-school programs, teen activities and mentoring programs. Associate Engineers (2)Development of Plans, Specification, & $327,230 Cost Estimates, including consultant and contractor oversight. Managing various contracts related to Park & Facility projects. Public Works Projects Scope development for projects, $132,290 Manager (under-filled)contractor oversight, and contract management for various Park & Facility projects. Public Works Projects Scope development for projects, $149,840 Specialistcontractor oversight, and contract management for various Park & Facility projects. Associate Implementation of the Parks Master Plan, $112,750 Parks/Landscape Planner including managing architects and (under-filled)consultants agreements for various park planning efforts. Assistant Parks/Landscape Implementation of the Parks Master Plan, $112,200 Plannerincluding managing architects and consultants agreements for various park planning efforts. Early Direction for the Fiscal Year 2024-25 Budget April 2, 2024 Page 15 Economic Development Bilingual Business Retention and $73,950 Specialist (50%)Attraction for businesses including specialty outreach and grants coordination with small businesses and microenterprise efforts for start-ups. Total$1,020,880 Shall staff include an allocation of approximately $0.5 million in the proposed FY 2024- 25 budget to continue funding these positions for January 1 through June 30, 2025, with a future annual recurring cost of approximately $1 million? Water Enterprise Revenue Bonds In 2019, the City prepared a water rate study, which indicated debt (revenue bonds) would be necessary to meet the capital needs of the system. Since 2019, the water enterprise has been spending down an accumulated fund balance for water infrastructure improvements. The rate study consultant’s latest estimate of planned improvements that remain unfunded is $30.2 million. In addition, the City is currently installing smart meters as part of the Advanced Metering Infrastructure (AMI) project. The latest information suggests we have an $11 million funding shortfall to complete the project. Finally, the City may have an opportunity to refinance the outstanding $8.9 million of water bonds issued in 2014. The City has assembled a financing team to structure a proposed revenue bond issue. The debt would be secured by water enterprise revenue, and therefore would only require City Council approval. The financing team would only be paid if bonds are issued, and payment would come from the bond proceeds. Staff expects to return to the City Council prior to June 30 to consider a recommendation to proceed with a proposed debt financing. FISCAL IMPACT There is no direct fiscal impact at this time, as the recommended action would only provide direction to staff. City Council is scheduled to consider the proposed FY 2024- 25 budget in May and take action in June. EXHIBIT(S) 1. City Council Priorities 2. FY23-24 Measure X Spending Plan Submitted By: Kathryn Downs, FMSA Executive Director Approved By: Tom Hatch, Interim City Manager EXHIBIT 1 /źƷǤ /ƚǒƓĭźƌ tƩźƚƩźƷǤ LƓŅƚƩƒğƷźƚƓ ğƓķ wĻĭƚƒƒĻƓķğƷźƚƓƭ Bristol Street Rehabilitation The Bristol Street Phase 4 project has a budget of $20,667,120, Make it a priority to wrap entirely funded from restricted money sources. The latest estimates up the project indicate there is a $680,000 funding shortfall for this project. Construction is expected to begin towards the end of 2024, as the project has required coordination with 6 utility companies for a single trench in the roadway. Staff plans to include a one-time spending allocation of $680,000 in the proposed FY24-25 budget. Repair Civic Center Drive Public Works is planning a project for FY24-25 to repair Civic Center from Flower to Bristol Drive from Shelton to Flower for an estimated cost of $1,220,000 from Gas Tax revenue. If the project were to be expanded to Bristol Street, the project estimate would increase by $900,000 and additional funding would be necessary. Repair Raitt Street from This project has not yet been programmed or funded. The street is Civic Center to Washington concrete, and the estimated cost to demolish and replace is $3 million. th Repair 5 Street from Raitt This project has not yet been programmed or funded. The estimated to Fairview cost to repave is $1.6 million. Safer Streets in Various Chestnut and Ross: A section of the street is currently being studied Locations for appropriate improvements. We have funding if stop signs or speed humps are warranted, and no additional funding would be necessary. McFadden from Flower to Main: We have a Capital improvement project going out to bid by June that will install protected (and striped) bike lanes along McFadden in those limits. The street will be repaved and striped as part of project. Center from Edinger to McFadden: We have received a grant for the Safe Routes to Schools improvements on Center between Edinger & Wilshire. Improvements do not extend all the way to McFadden. Additional bulb outs, etc. toward McFadden would require approximately $500,000 in new funding. Pine near Santa Ana High School: We will need to evaluate this section of street. We have funding if stop signs or speed humps are warranted, and no additional funding would be necessary. Alley Improvements The General Fund has a recurring alley improvement program of $1.5 million annually. Staff has identified 14 miles of alley reconstruction needed, which will take 25 years to work through with the annual budget allocation. Angled Parking Generally angled parking is not feasible, and currently there are no identified locations that warrant it. Designated Parking Stations The permit parking study will evaluate shared parking opportunities and will identified potential locations. ADA Ramp Improvements There is no dedicated stream of funding. Local street ramps are approximately $10,000 each to construct. Staff would recommend an Page Њ of Џ EXHIBIT 1 allocation of $250,000 to $500,000 to install ramps in a meaningful strategic area. Various Traffic Calming Round-about for Memory and Flower the City has received Measures grant for a new Memory Lane Bikeway Project that will change the intersection geometry and prohibit the ability to install a round-about. Candlestick delineators a budget of $50,000 would be necessary to replace them in the identified locations. The enhanced versions would cost approximately $100,000. Repainting of striping and pavement markers this is ongoing maintenance work and redone approximately every 3 years. An additional $200,000 is needed help expedite the completion of the repainting cycle and help get us down to a 2-year cycle. Center Medians depending on location and size, these may range from $250,000 to $500,000 each. Traffic Mitigation in Mabury Park Staff has evaluated and found that mitigation is unwarranted at this time. Stop Sign at a specific location Staff will conduct a stop sign warrant and traffic signal warrant. If warranted, $750,000 would be needed to fund a pedestrian hybrid beacon or traffic signal. Speed humps on English and Alona Staff evaluated and determined they are not warranted. Other locations are currently being evaluated. Funding is available for qualifying speed hump locations. Sidewalk Repairs The budget includes an annual funding allocation of $1 million for sidewal budget. Sidewalk repairs in the Park Santiago neighborhood were recently completed that addressed the major concerns. This neighborhood is not scheduled for sidewalk repairs for a few years. An allocation of $75,000 to $100,000 could address additional sidewalks in the neighborhood. Bolivar Circle is in City of Garden Grove. Properties on the west side of Fairview in this segment are not in the City of Santa Ana. Pedestrian Bridge An RFP to assess the condition of the bridge between W River Lane Improvements and W Riviera will be released in next month. The assessment/design costs are expected to approximate $100,000 and construction costs are to be determined. Solar-Powered Lighting The Santiago St Bridge in currently in the queue to address. Under Overpass Neighborhood Lights The Cost of neighborhood street light projects vary by scope but we can assume about $750,000 per neighborhood. Faded Neighborhood Street Sign replacement is part of ongoing maintenance. City Council can Signs identify specific locations. Page Ћ of Џ EXHIBIT 1 Fencing on the Canal on This fencing is owned and maintained by the County. Staff will Raitt Street Between coordinate with the County to request an upgrade from the existing Edinger and McFadden chain link to wrought iron. Add a Third Quality of Life The estimated cost of a third team is $440,000. This includes a Team cleaning crew of 2 for a cost of approximately $140,000 and police support for a cost of approximately $300,000. Keep Sales-Tax Generating Staff is proposing an increase to the Sanitation Fee to preserve and Areas Clean & Safe enhance Citywide services. Washington Square The City has received several inquiries from interested property Neighborhood Park owners in Washington Square regarding a request for the City to Feasibility Study purchase privately-owned vacant land and develop a neighborhood park. The property, located behind the Newsong Church at 1010 W 17th, is roughly 1.3 acres in size and surrounded by other residential uses. A recent property appraisal indicates a value of $3.7 million. Before considering a land purchase, the City would need to perform a feasibility study for the possible development of a park at the location. The cost of a Feasibility Study is estimated to be $100,000, including preliminary designs and estimates of recurring operations and maintenance costs. If the City pursues and receives grant money to purchase the property, there may be a required matching contribution of up to 50%. Staff does not recommend moving forward with the feasibility analysis for several reasons. th Development of a park at 10 & Flower is underway. This location is approximately 2,000 feet from the parcel noted above. The location was not identified The parcel is in a neighborhood zoned for Single Family residences (R1). The City has recently embarked upon several new park projects, which will require an increased level of operations and maintenance during a time when the Measure X rate decreases. Developing a park on the parcel would increase ongoing costs. Stadium Investment to Funding of $500,000 has been earmarked to replace all seats on the Produce Revenue press-box side of the Stadium. Design is underway to close the bowl and add 2,500-3,300 seats, but we do not yet have construction estimates. El Salvador Park Restrooms A restroom renovation project is budgeted with $300,000 of Cell Tower revenue. Project design is 90% complete and it appears the project cost may be closer to $400,000. An additional funding request may be forthcoming. The project could begin as early as July 2024 when the fields are down for turf renovation. Various Park Improvements There is no funding identified for the following requested improvements: Riverview lot restoration, new shade Page Ќ of Џ EXHIBIT 1 structures at Cabrillo/Edna/Santiago, new restrooms at Cabrillo/Portola, Edna Park lot restoration, Santiago Park log cabin restoration, Riverview bleachers, and stolen park signs. Hydration stations are funded by cell tower revenue and are currently in design with construction to follow. Design is currently underway for a splash pad in Ward 3, but construction requires funding. Additional Teen Center The City offers a variety of teen programming and activities in the existing community centers and library locations. More teen activities will be added once smaller community centers re-open to the public (e.g. Logan). In addition, the Delhi Library will have dedicated teen space and teen programming; and Delhi park lighting has been identified as a priority use of federal ARPA money, adding more flexibility to the timing of such programs. Dual-Use Parks with the During the March 4 meeting of the Joint School Collaboration City Santa Ana Unified School Council Subcommittee meeting, there was general interest in future District additional discussions of maximizing the use of public property. Upgrade Parks & Snack Bars As funding becomes available, staff proposes the highest priority park projects. The existing budget includes funding for lighting, restrooms, splash pads, field, and playground improvements at various parks. The cost of each snack bar upgrade is approximately $95,000, including new paint and epoxy flooring, stainless steel sink, hot water heater, electrical and plumbing upgrades, and door/window replacement. Staff maintains a priority list for Renovation that includes Jerome, Memorial, Thornton, Riverview, Cabrillo, Adams and Rosita, which can be addressed as funding becomes available. Community Garden City Council could direct staff to see if ARPA funding can be used for a community garden. In addition to identifying a location, staff would need to determine the feasibility and ongoing cost. Santa Anita Mural This is a mural on a private building, and addressing it could create an Restoration expectation that all private-building murals be maintained by the City. Staff has been in contact with interested parties and they are aware of the options available to them. Market at Santa Ana Bus This project was included in the Revive Spending Plan. Staff has found Terminal that the location is not feasible for the envisioned farmers market. A different location could be considered if a farmers market is a high priority for City Council. A recurring budget would be necessary for special-event staffing to manage the vendors and the location. Enhance Recruitment and A separate staff report on the March 19 agenda proposes to add a Fill Vacancies Human Resources Analyst to increase recruiting efforts. Address Homelessness and The Interim City Manager has directed a reallocation of vacant Safety Issues positions to provide for a Grant Analyst, 2 additional Code Enforcement Officers, a Senior Organization Development & Training Increase Grant Writing Staff Analyst and a Deputy City Manager. These staffing reallocations will be included in the proposed FY24-25 budget. Page Ѝ of Џ EXHIBIT 1 In-House Prosecution To improve the prosecution services within Santa Ana, the City Division -house Prosecution Division. Tasks would include the following. Prosecute misdemeanor offenses occurring in the City of Santa Ana arising out of violations of City law and certain state laws as authorized by the Orange County District Attorney. Draft and file criminal complaints in Superior court. Conduct office hearings, pretrial hearings, and court and jury trials. Represent the People of the State in motions, writs and appeals. Provide advice to and train Santa Ana law enforcement. This Division would include a Nuisance Abatement Program to form a multi-agency task force designed to identify and find solutions to neighborhood crime problems. The task force would address problem property locations within Santa Ana in a comprehensive manner. Members of the task force would include representatives from the City Department, Code Compliance, and the Housing Department. The mission would include resolving long-standing problems at particular locations throughout the City, and educate property owners about crime and decay from their property. The educational component would include community outreach. A Prosecution Division would need to be staffed with the following positions (annual cost estimates included): Senior Assistant City Attorney (1), $220,000 Assistant City Attorney (3), $190,000 x 3 = $570,000 Deputy City Attorney (1), $150,000 Senior Paralegal (1), $110,000 Senior Legal Secretary (1), $85,000 Investigator (1), $100,000 The City would derive associated revenue by: Increased nuisance abatement activity where we can recover attorney fees, staff costs and impose fines at $5K to $10K per day; and A mandatory reimbursement agreement policy to recover in- house and special counsel fees, consultant costs and staff costs. At this time, staff recommends exploring all administrative options to improve prosecution in the City of Santa Ana before making a recommendation to prepare a deeper analysis of the in-house option. In addition, having an in-house Prosecution Division would not guarantee Court prosecution actions. Page Ў of Џ EXHIBIT 1 Renters Defense Fund On February 28, the Community Development Commission approved $150,000 for the Fair Housing Council of Orange County for Fiscal Years 2024-26. This will be presented to the City Council at the May 7 Council meeting for consideration. Maintain Immigrant Defense The Measure X spending plan includes an annual allocation of Fund $300,000. Continue to pay off The City is paying all required debt service on outstanding long-term structural debt debt. In addition, the City has been making annual contributions to the Pension Cost stabilization fund for future pension debt increases. City Council Ad-Hoc The Mayor can choose to appoint an ad-hoc committee. Committee to Consider Revenue-Raising Proposals Page Џ of Џ  !"#"$% City of Santa Ana Measure X Fiscal Year Ended June 30, 2024 Recurring costsRecurring costsOnetime costs DepartmentTotal plan CategoryDescriptionidentified inidentified inidentified in Responsiblespending Prior Fiscal YearsFY2324FY2324 Addressing HomelessnessPublic Safety Response Homelessness (Labor)PD7,000,0007,000,000 Addressing HomelessnessPublic Safety Response Homelessness (Contractual and Other)PD1,200,0001,200,000 500,000500,000 Addressing HomelessnessQOLT CleanUp Contract Homeless ServicesPWA 622,920622,920 Addressing HomelessnessHomeless Outreach & EngagementCDA Purchase of Carnegie Building (Homeless Shelter)1,011,141 Addressing HomelessnessCDA1,011,141 QOLT CleanUp Staffing (2 Maint Workers II + Sanitation Inspect II)358,420 Addressing HomelessnessPWA358,420 Code Enforcement Officers (2) Addressing HomelessnessPBA313,620313,620 Fixing Streets1,000,000 Streetlight Pole work Under lit AreasPWA1,000,000 1,500,000 Fixing StreetsAlley improvement programPWA1,500,000 PWA1,000,0001,000,000 Fixing StreetsSidewalk and/or Street Repair PWA1,000,0001,000,000 Fixing StreetsTraffic Calming PWA2,000,0002,000,000 Fixing StreetsPavement Maintenance Fixing StreetsMedian LandscapingPWA500,000500,000 Fixing StreetsPWA500,000 Additional Asphalt Pothole Repair Services500,000 Fixing StreetsPWA250,000 Citywide Roadway Striping & Signage Maintenance Improvement250,000 Fixing StreetsPWA675,000 Traffic Signal on Segerstrom Avenue and Spruce Street675,000 Traffic Signal Maintenance Staff ChargesPWA670,290670,290 Fixing Streets Funding for additional police officers, traffic collision investigators; office Maintain Effective 911 ResponsePD assistants to relieve police officers standby pay, cashouts and related benefits 4,696,5704,696,570 Maintain Effective 911 ResponsePolice Department OvertimePD1,500,0001,500,000 Public Safety Specialized Units: Criminal Investigations; Metro Division; Maintain Effective 911 ResponseCommunications; Vice; and Investigations and Support ServicePD 1,400,0001,400,000 Maintain Effective 911 ResponseAmbulance Service Contract increase to maintain service levelFMSA3,512,4003,512,400 Maintain Effective 911 ResponsePark Security ContractPRCSA670,000670,000 Maintain Effective 911 ResponseHuman Resources Technician dedicated to Police RecruitingHR116,747116,747 Park Maintenance and Repairs / Master Plan Maintaining ParksPRCSA/PWA4,674,4504,674,450 Armed Security for Parks Maintaining ParksPRCSA1,500,0001,500,000 Park Facilities Personnel1,300,000 Maintaining ParksPWA1,300,000 Park Ambassador300,000 Maintaining ParksPRCSA300,000 Retaining FirefightersOrange County Fire contract increase to maintain service levelFMSA10,675,00010,675,000 Youth ServicesZoo and Recreation PersonnelPRCSA513,130513,130 Youth ServicesZoo Contract & Supply EnhancementsPRCSA776,500776,500 Youth ServicesCrossing GuardPWA466,626466,626 458,480458,480 Youth ServicesLibrarians and administrative Support (Personnel)Library 100,720100,720 Youth ServicesYouth Employment ProgramCDA Youth ServicesSports & Rec Equipment Lending + Additional Programming PRCSA200,000200,000 Subtotal Before Unrestricted Purposes 49,855,5833,106,43152,962,014 Unrestricted General Revenue PurposeFY1819 Budget Deficit Planned Use of General Fund ReserveFMSA10,200,00010,200,000 Unrestricted General Revenue PurposeFY1819 Budget Deficit Planned Staff Savings not implementedFMSA1,500,0001,500,000 Unrestricted General Revenue PurposeVehicle Incentive Program (VIP)1,705,7601,705,760 CDA Unrestricted General Revenue Purpose800,000800,000 New Debt Payments for Purchase of StreetlightsPWA City of Santa Ana Measure X Fiscal Year Ended June 30, 2024 Recurring costsRecurring costsOnetime costs DepartmentTotal plan CategoryDescriptionidentified inidentified inidentified in Responsiblespending Prior Fiscal YearsFY2324FY2324 Street Tree Maintenance (TreeTrimming) Unrestricted General Revenue PurposePWA236,000236,000 300,000 Unrestricted General Revenue PurposeUniversal Legal Defense Fund for Dreamers & ParentsCMO300,000 Unrestricted General Revenue PurposePublic Meeting Software & ADA Captioning50,00050,000 COTC Unrestricted General Revenue PurposeSales Tax Rebate Volvo & Tac Energy CDA725,000725,000 Unrestricted General Revenue PurposeSanta Ana Regional Transportation Center Subsidy and Maintenance PWA1,100,0001,100,000 Unrestricted General Revenue PurposeSupport for Utility Billing, Business Retention and HR Administrative FMSA700,000700,000 Unrestricted General Revenue PurposePermit Service Technician PBA salaries105,707105,707 PBA Unrestricted General Revenue PurposeEngineering Salaries for review of Plan Checks and Permits500,000500,000 PBA Unrestricted General Revenue PurposeVietnamese Community Liaison150,000150,000 CMO Unrestricted General Revenue PurposePartTime staff salaries67,92067,920 CMO Unrestricted General Revenue Purpose Executive Assistance119,740119,740 CMO Unrestricted General Revenue Purpose (1) Fulltime staff attorney position206,190206,190 CAO Unrestricted General Revenue PurposeProtected Bike Lane sweeping program 150,000150,000 PWA Unrestricted General Revenue PurposeRecords Manager 104,504104,504 COTC Unrestricted General Revenue Purpose340,500340,500 PRCSA Increase the City Events budget Unrestricted General Revenue Purpose100,000100,000 CDA Graffiti Arts Program Unrestricted General Revenue Purpose200,000200,000 CDA Arts & Culture Event Sponsorship Program Unrestricted General Revenue Purpose115,680115,680 CDA Economic Dev. Spec. I Unrestricted General Revenue Purpose 420,000420,000 City Council, Contract Vendor Personnel ServicesCOTC Unrestricted General Revenue Purpose 600,000600,000 PWA PWA Graffiti Abatement Service Enhancement (Graffiti Removal) Unrestricted General Revenue Purpose 100,000100,000 PBA General Plan requirements for communications/outreach/monitoring Unrestricted General Revenue Purpose 16,285,920 Future Pension Stabilization (115 Trust) Multiple16,285,920 36,958,021 Subtotal Unrestricted Purposes 20,672,101 16,285,920 Totals $70,527,684$$19,392,351$89,920,035 Finance and Management Services www.santa-ana.org/finance Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Ordinance Amendment Relating to Emergency Services - Definitions AGENDA TITLE Ordinance Amending Chapter 2 of the City of Santa Ana Municipal Code (Administration), Article IV (Officers, Departments, Boards and Commissions), Division 15 Relating to Emergency Services Section 2-643 – Definitions RECOMMENDED ACTION Approve the introduction and first reading of an ordinance to expand the definition of an emergency in the Santa Ana Municipal Code. ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS), DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2-643 - DEFINITIONS GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Local government has increasingly become the target of cyberattacks affecting computer systems, networks, and infrastructure. Several California agencies, including the cities of Oakland, Modesto, and Long Beach, as well as the Orange County and San Bernardino County Sheriff departments, have all been recently targeted. These attacks can paralyze City services affecting normal work processes, revenue collection, public safety communications, water service, and could result in the theft of sensitive information. The City’s Information Technology department has taken various measures to increase cybersecurity, including new tools and staff training. The Finance Department has initiated preparation of a cyberattack playbook for business continuity. The City has purchased cybersecurity insurance to help mitigate risk of loss. At this time, staff recommends updating the Santa Ana Municipal Code definition of an emergency to include cyberterrorism, a de-energization event, and an electromagnetic pulse attack. Adding these perils to the definition of an emergency will support maximum flexibility to quickly respond to such an event. Ordinance Amendment Relating to Emergency Services - Definitions April 2, 2024 Page 2 Currently, Section 2-643 of the Santa Ana Municipal Code defines a local emergency as follows: “Emergency or local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.” The proposed Ordinance would add the three new classifications noted above to the definition of a local emergency event. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1.Ordinance Submitted By: Kathryn Downs, Executive Director of Finance and Management Services & Jack Ciulla, Chief Technology Innovations Officer Approved By: Tom Hatch, Interim City Manager ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION),ARTICLE IV (OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS),DIVISION 15 RELATING TO EMERGENCY SERVICES, SECTION 2-643-DEFINITIONS WHEREAS, Chapter 2, Article IV, Division 15 of the Santa Ana Municipal Code ) and provides for emergency functions of the City in an emergency; and WHEREAS, Section 2-643 of the SAMC establishes the definitions of different types of emergencies the City may face; and WHEREAS, California Government Code § 8558 establishes the conditions or ;and WHEREAS, Section 2-643 of the SAMC does not currently specifically include cyberterrorism, deenergization event, or electromagnetic pulse attackin its definitions or ; and WHEREAS, this ordinanceshall amend Section 2-643 of the SAMC to terrorism,deenergization e or local emergencyto be consistent with state law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1.The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2.Chapter 2of the Santa Ana Municipal Code (Administration), Article IV(Officers, Departments, Boards and Commissions),Division 15 (Emergency Services), Section 2-643-Definitionsis hereby amended to read as follows. Sec. 2-643.Definitions. For the purpose of this division, certain words and phrases shall be construed as follows, unless it is apparent from the context that a different meaning is intended: Ordinance No. NS-XXX Page 1of 4 Directoror director of emergency servicesmeans the individual having primary jurisdiction and authority over the city's response and recovery to emergencies and disasters and is authorized to act on behalf of the city. Emergency or local emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the city or county, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. Emergency services/emergency operations/emergency management, used interchangeably, means the preparation for and carrying out of all emergency functions necessary to mitigate, prevent, prepare for, respond to, and recover from large emergencies or disasters caused by all hazards, whether natural, technological or human caused. State of emergency means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, cyberterrorism, sudden and severe energy shortage, deenergization event, electromagnetic pulse attack, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "state of war emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. State of war emergency means the condition which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. 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 Ordinance No. NS-XXX Page 2 of 4 no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. 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 City Clerkshall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______day of ___________, 2024. _________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES:Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT:Councilmembers _______________________________________ Ordinance No. NS-XXX Page 3of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ________________ ____________________________________ City Clerk City of Santa Ana Ordinance No. NS-XXX Page 4 of 4 Planning and Building Agency www.santa-ana.org/pb Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Ordinances Prohibiting Short-Term Rentals AGENDA TITLE Approve Urgency Ordinance No. NS-XXXX of the City Council of the City of Santa Ana, adding Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short-Term Rentals (STRs) and for First Reading of an Ordinance Amending the SAMC Adding Article XXI to Chapter 8 of the SAMC Prohibiting Short-Term Rentals RECOMMENDED ACTIONS 1.Adopt an urgency ordinance by two-thirds (2/3 vote) amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals. ORDINANCE NO. NS-XXXX entitled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA PURSUANT TO CHARTER SECTIONS 415 AND 417 ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SHORT-TERM RENTALS 2.Approve first reading of an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO PROHIBIT SHORT-TERM RENTALS 3.Find that, in accordance with the California Environmental Quality Act (CEQA), the proposed action is not subject to the requirements of the California Environmental Quality Act, pursuant to (Guidelines) Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Short-Term Rentals Ordinances April 2, 2024 Page 2 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The proliferation of online vacation rental websites such as Airbnb.com and vrbo.com have encouraged and enabled property owners, tenants, and occupants to rent their local, residential properties on a short-term basis to travelers or transients. These STRs, generally numbering less than 30 days, are often associated with excessive noise, parking problems, trash, and degradation of a neighborhood’s residential character. Data collected from various STR platforms reveals that there are more than 1,100 active STR units across Santa Ana. Areas like Downtown and its nearby neighborhoods, along with the Hutton Center area, have a higher concentration of these rentals. To put this in perspective, the City's Regional Housing Needs Allocation (RHNA) for 2021-2029 is 3,137 permanent housing units. The 1,100 short-term rental units represent about 35% of the City's housing needs, diverting a significant portion of available housing away from permanent residents. As a result of the reduction in available housing for permanent residents, the negative secondary effects including, but not limited to, excessive noise, parking problems, and trash, the urgency ordinance is necessary as an emergency measure to preserve the public peace, health, safety, and welfare. The adoption of the urgency ordinance will require two-thirds (2/3) approval by the City Council. Presently, there are 112 confirmed active cases of STRs that have received enforcement notices and citations. Among these cases, 36 involve owners residing at the same address, while 84 involve properties owned by an LLC, managed by a property management company, or owned by absentee owners. Enforcement efforts in the City have primarily relied on complaints and proactive notifications to major STR platforms. STRs are not, and have never been, a permitted use under the City’s zoning code. Therefore, STRs have always been prohibited by the City and this urgency ordinance and first reading of an ordinance are reaffirming existing law. However, in response to recent legal developments, this urgency ordinance and first reading of ordinance seek to amend the Santa Ana Municipal Code (SAMC) to expressly prohibit short-term rentals in alignment with the City’s current practice. FISCAL IMPACT There is no fiscal impact associated with the proposed action. ENVIRONMENTAL IMPACT The proposed ordinances are not subject to the requirements of the California Environmental Quality Act, pursuant to Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the Short-Term Rentals Ordinances April 2, 2024 Page 3 environment and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. EXHIBITS 1.Urgency Ordinance 2.Ordinance for First Reading Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Tom Hatch, Interim City Manager VSHFODZ!PSEJOBODF!OP/!OT.YYY! BO!VSHFODZ!PSEJOBODF!PG!UIF!DJUZ!DPVODJM!PG!UIF!DJUZ!PG! TBOUB!BOB!QVSTVBOU!UP!DIBSUFS!TFDUJPOT!526!BOE!528!BEEJOH! BSUJDMF!YYJ!UP!DIBQUFS!9!PG!UIF!TBOUB!BOB!NVOJDJQBM!DPEF! QSPIJCJUJOH!TIPSU.UFSN!SFOUBMT!!!!! ! WHEREAS,!uif!qspmjgfsbujpo!pg!pomjof!wbdbujpo!sfoubm!xfctjuft!tvdi!bt!Bjscoc/dpn!boe! pddvqbout!up!sfou!uifjs!mpdbm-!sftjefoujbm!qspqfsujft!po!b!tipsu.ufsn!sfoubm!)TUS*!cbtjt!up! usbwfmfst!ps!usbotjfout<!boe-!! WHEREAS,!uiftf!tipsu.ufsn!sfoubmt-!hfofsbmmz!ovncfsjoh!mftt!uibo!41!ebzt-!bsf!pgufo! sftjefoujbm!dibsbdufs<!boe-!! WHEREAS, uif!Djuz!ibt!sfdfjwfe!ovnfspvt!dpnqmbjout!gspn!sftjefout!bcpvu!uif! ofhbujwf!tfdpoebsz!fggfdut!pg!tipsu.ufsn!sfoubm!vtft!jo!uifjs!sftjefoujbm!ofjhicpsippet<!boe-! WHEREAS,!Tipsu.ufsn!sfoubmt!bmtp!sfnpwf!ipvtjoh!tupdl!uibu!dpvme!puifsxjtf!cf! bwbjmbcmf!gps!mpoh.ufsn!sfoubm!ps!gps!tbmf/!!Ebub!dpmmfdufe!gspn!wbsjpvt!TUS!qmbugpsnt!sfwfbmt!uibu! Offet!Bmmpdbujpo!)SIOB*!gps!3132.313:!jt!4-248!qfsnbofou!ipvtjoh!vojut/!!Uif!2-211!TUSt! sfqsftfou!bcpvu!46&!pg! ipvtjoh!bxbz!gspn!qfsnbofou!sftjefout<!boe-! WHEREAS, qvstvbou!up!Tboub!Bob!Nvojdjqbm!Dpef!)TBND*!Tfdujpo!52.2:1)b*-!uif! \[pojoh!Dpef!)Dibqufs!52!pg!uif!TBND*!jt!b!qfsnjttjwf!psejobodf-!nfbojoh!uibu!uiptf!vtft! fyqsfttmz!mjtufe!jo!uif!\[pojoh!Dpef!bsf!qfsnjttjcmf-!boe!uiptf!opu!mjtufe!bsf!qspijcjufe/!! WHEREAS-!bu!qsftfou-!uif!TBND!epft!opu!mjtu!TUSt!bt!bo!bqqspwfe!vtf!jo!boz!{pojoh! ejtusjdu-!nbljoh!uifn!qspijcjufe!boe!vobvuipsj{fe!voefs!uif!dvssfou!fogpsdfnfou!qsbdujdf! bggpsefe!cz!Tfdujpo!52.2:1)b*/!! WHEREAS uif!bgpsfnfoujpofe!tfdujpo!pg!uif!\[pojoh!Dpef!jo!tqfdjgjdbmmz!beesfttjoh!TUSt!uispvhi!uif!Dpef! Fogpsdfnfou!qspdftt/!! WHEREAS, . ufsn!sfoubmt!jo!sftjefoujbm!{pojoh!ejtusjdut/!Ipxfwfs-!cfdbvtf!tipsu.ufsn!sfoubmt!bsf!opu!fyqsfttmz! qfsnjuufe!jo!sftjefoujbm!{pojoh!ejtusjdut!voefs!uif!TBND-!tvdi!usbotjfou!vtft!bsf!qspijcjufe<!boe-!! WHEREAS,!uif!Djuz!Dpvodjm!eftjsft!up!bnfoe!uif!TBND!up!fyqsfttmz!qspijcju!tipsu. ufsn!sfoubmt!xjuijo!uif!Djuz-!up!sfbggjsn!fyjtujoh!mbx-!boe!up!qsftfswf!uif!sftjefoujbm!dibsbdufs!pg! Djuz!ofjhicpsippet!boe!tufn!uif!ofhbujwf-!tfdpoebsz!fggfdut!dbvtfe!cz!uiptf!vtft<!boe-!! Urgency Ordinance No. NS-XXX Page 1 of 6 WHEREAS-jo!sftqpotfup!sfdfoumfhbmefwfmpqnfout-uijtvshfodzpsejobodftffltup bnfoeuif!TboubBobNvojdjqbmDpef)TBND*!up!qspijcjutipsu.ufsnsfoubmtjo!bmjhonfouxjui uif!TBND(t!dvssfou!qsbdujdf!boe!fyqfdubujpo-!bt!xfmm!bt!dpnqmjbodf!xjui!sfdfou!dpvsu!efdjtjpot<! boe- WHEREAS,uifsffyjtupwfs211dpogjsnfebdujwfdbtftpgTUStuibu ibwfpohpjohfogpsdfnfou!opujdft!boe!wjpmbujpot< WHEREAS,qvstvbouup!TboubBobDjuzDibsufstfdujpot526!boe528-!cbtfepo!uif! bcpwfgjoejoht-uijtPsejobodfjt!efdmbsfeczuif!DjuzDpvodjmup!cfofdfttbszbtbofnfshfodz! nfbtvsfup!qspufduboeqsftfswfuif!ifbmui-tbgfuzboexfmgbsfpg!uif!sftjefoutpg!uif!Djuzpg TboubBobboexjmmcfdpnffggfdujwfjnnfejbufmzjg!qbttfeczuif!bggjsnbujwfwpuft!pg!bumfbtu! uxp.uijset!)304*!pg!uif!nfncfst!pg!uif!Djuz!Dpvodjm/!!Uif!Djuz!Dpvodjm!ifsfcz!gjoet!uibu!uifsf!jt! bo!vshfou!offe!up!bepqu!uiftf!sfhvmbujpot!jo!psefs!up!beesftt!uif!dvssfou!boe!jnnfejbuf!uisfbut!tfu! gpsui!bcpwf. WHEREAS,uif!DjuzDpvodjmibtefufsnjofeuibu!jujt!ofdfttbszgpsqsftfswjohuif qvcmjdqfbdf-ifbmui-tbgfuz-boexfmgbsfup!fyqsfttmzqspijcjutipsu.ufsnsfoubmtxjuijouif!Djuz! boe!up!efdmbsf!tvdi!vtft!bt!b!qvcmjd!ovjtbodf!qvojtibcmf!voefs!uif!TBND/!!! UIFDJUZDPVODJMPGUIFDJUZPGTBOUBBOBEPFTPSEBJOBT GPMMPXT;!!! SECTION1/Recitals.Uifsfdjubmtbcpwfbsfusvf-dpssfduboefbdijodpsqpsbufeifsfjo! SECTION2.Addition.BsujdmfYYJ)Tfdujpot9.45119.4513*jtifsfczbeefeup Dibqufs9!pg!uif!TBNDup!sfbe!bt!gpmmpxt;! BSUJDMF!YYJ/!!TIPSU.UFSN!SFOUBMT! Tfd/!9.4511/!!Efgjojujpot/!! Uifefgjojujpottfugpsui!jo!uijtTfdujpotibmmhpwfsouifbqqmjdbujpoboejoufsqsfubujpopguijt! Bsujdmf;! )b*Home-sharing rental nfbot!uif!sfoubm!pg!b!exfmmjoh!voju-!ps!qpsujpo!uifsfpg-!up!b!qfstpo ps!hspvq!pgqfstpot-!gps!dpnqfotbujpo!xifuifs!npofubsz!ps!puifsxjtf-!gps!mpehjoh!ps!tmffqjoh qvsqptft!gps!b!qfsjpe!pg!mftt!uibo!uijsuz!)41*!dpotfdvujwf!dbmfoebs!ebzt!xijmf!bu!mfbtu!pof!pg!uif .tjuf-!jo!uif!exfmmjoh!voju-!uispvhipvu!uif! )c*Short-term or vacation rental nfbot!uif!sfoubm!up!b!qfstpo!ps!hspvq!pg!qfstpot!pg!b exfmmjoh!voju-!ps!qpsujpo!uifsfpg-!gps!dpnqfotbujpo!xifuifs!npofubsz!ps!puifsxjtf-!gps!mpehjoh!ps tmffqjoh!qvsqptft!gps!b!qfsjpe!pg!mftt!uibo!uijsuz!)41*!dpotfdvujwf!dbmfoebs!ebzt!xjuipvu dpodvssfoumz!cfjoh!pddvqjfe!cz!uif!qspqfsuz!pxofs/ Tfd/!9.4512/.Qspijcjufe/ Urgency Ordinance No. NS-XXX Page 2of 6 ! Ju!tibmm!cf!vombxgvm!gps!boz!qfstpo!ps!foujuz!up;!pggfs!ps!nblf!bwbjmbcmf!gps!sfou!)wjb!bewfsujtfnfou! po!b!tipsu.ufsn!ps!wbdbujpo!sfoubm!xfctjuf!ps!puifsxjtf*!ps!up!sfou!)cz!xbz!pg!b!sfoubm!bhsffnfou-! mfbtf-!tvcmfbtf-!mjdfotf-!wjb!b!tipsu.ufsn!ps!wbdbujpo!sfoubm!xfctjuf-!ps!boz!puifs!nfbot-!xifuifs! psbm!ps!xsjuufo*!gps!dpnqfotbujpo!ps!dpotjefsbujpo!b!ipnf.tibsjoh!sfoubm-!tipsu.ufsn!ps!wbdbujpo! sfoubm!gps!mftt!uibo!41!ebzt-!qvstvbou!up!b!sfoubm!bhsffnfou-!mfbtf-!tvcmfbtf-!mjdfotf-!wjb!b!tipsu. ufsn!ps!wbdbujpo!sfoubm!xfctjuf-!ps!boz!puifs!nfbot-!xifuifs!psbm!ps!xsjuufo-!gps!dpnqfotbujpo!ps! dpotjefsbujpo-!ps!nbjoubjo!boz!bewfsujtfnfou!pg!b!ipnf.tibsjoh!sfoubm-!tipsu.ufsn!ps!wbdbujpo! sfoubm!gps!mftt!uibo!41!dpotfdvujwf!ebzt/!! ! Tfd/!9.4513/!.Wjpmbujpo<!ovjtbodf/!! ! Boz!wjpmbujpo!pg!uijt!Bsujdmf!jt!vombxgvm-!jt!ifsfcz!efdmbsfe!b!qvcmjd!ovjtbodf-!boe!dpotujuvuft!b! njtefnfbops!qvojtibcmf!bt!tfu!gpsui!jo!Dibqufs!2!pg!uif!TBND!tfdujpo!2.9/!Bu!uif!ejtdsfujpo!pg! uif!Djuz!Buupsofz-!b!wjpmbujpo!pg!uijt!Bsujdmf!nbz!cf!qsptfdvufe!bt!bo!jogsbdujpo!ps!njtefnfbops/! Jo!boz!djwjm!bdujpo!cspvhiu!qvstvbou!up!uijt!Bsujdmf-!b!dpvsu!pg!dpnqfufou!kvsjtejdujpo!nbz!bxbse! sQvstvbou!up!Nvojdjqbm!Dpef!Tfdujpo! 2.32-!uif!Djuz!nbz!jttvf!bo!benjojtusbujwf!djubujpo!gps!boz!wjpmbujpo!pg!uijt!Bsujdmf/!Tvdi! benjojtusbujwf!sfnfez!nbz!cf!fyfsdjtfe!jo!qmbdf!pg-!ps!jo!beejujpo!up-!boz!benjojtusbujwf-! dsjnjobm-!djwjm-!ps!frvjubcmf!sfnfez!bmmpxfe!cz!mbx/!!!! SECTION 3. Urgency Findings.!Jo!bddpsebodf!xjui!Tboub!Bob!Djuz!Dibsufs!Tfdujpot! 526!boe!528!boe!ofdfttbsz!bt!bo!fnfshfodz!nfbtvsf!gps!qsftfswjoh!uif!qvcmjd!qfbdf-!ifbmui-! tbgfuz-!boe!xfmgbsf-!uif!Djuz!Dpvodjm!gjoet!bt!gpmmpxt;! B/!Uif!sjtf!pg!tipsu.ufsn!sfoubmt!xjuijo!uif!Djuz!ibt!cfdpnf!b!qvcmjd!ovjtbodf!uibu! ibt!dbvtfe!ovnfspvt!dpnqmbjout!gspn!sftjefout!bcpvu!uif!ofhbujwf!tfdpoebsz!fggfdut!tvdi!bt! fydfttjwf!opjtf-!qbsljoh!qspcmfnt-!usbti-!boe!efhsbebujpo!pg!sftjefoujbm!{pojoh!ejtusjdut/!Uif!Djuz! Dpvodjm-!uifsfgpsf-!bepqut!uijt!Vshfodz!Psejobodf!up!cfdpnf!fggfdujwf!jnnfejbufmz!vqpo! bepqujpo!qvstvbou!up!Tboub!Bob!Djuz!Dibsufs!tfdujpo!528!boe!up!sfnbjo!jo!fggfdu!voujm!sftdjoefe! up!qspijcju!tipsu.ufsn!sfoubmt!xjuijo!uif!Djuz!boe!qspwjef!Djuz!fogpsdfnfou!pggjdjbmt!xjui!b!nfbot! up!fogpsdf!uif!ofxmz!fobdufe!Bsujdmf/! C/!Uif!Djuz!xjtift!up!ibwf!uiftf!ofx!sfhvmbujpot!jnnfejbufmz!jo!qmbdf!up!qsftfswf! uif!sftjefoujbm!dibsbdufsjtujdt!pg!sftjefoujbm!{pojoh!ejtusjdut!boe!up!njujhbuf!uif!ibsn!up!uif! sftjefoujbm!{pojoh!ejtusjdut!uibu!sftvmu!gspn!tipsu.ufsn!sfoubmt/!!! D/!Uif!Djuz!Dpvodjm!gvsuifs!gjoet!uibu!uijt!Vshfodz!Psejobodf!jt!ofdfttbsz!bt!bo! fnfshfodz!nfbtvsf!gps!qsftfswjoh!uif!qvcmjd!qfbdf-!ifbmui-!tbgfuz!boe!xfmgbsf!cz!qspijcjujoh! tipsu.ufsn!sfoubmt!xjuijo!uif!Djuz/! E/!Gjobmmz-!uif!Djuz!Dpvodjm!gjoet!uibu!uif!sfhvmbujpot!dpoubjofe!jo!uijt!Vshfodz! Psejobodf!bsf!sfbtpobcmf!jo!psefs!up!qsftfswf!uif!qvcmjd!ifbmui-!tbgfuz!boe!xfmgbsf!pg!jut! sftjefout/!!! SECTION 4. Severability.!Jg!boz!tfdujpo-!tvctfdujpo-!tfoufodf-!dmbvtf-!qibtf-!ps!qpsujpo! Urgency Ordinance No. NS-XXX Page 3 of 6 pg!uijt!Vshfodz!Psejobodf!jt!gps!boz!sfbtpo!ifme!up!cf!jowbmje!ps!vodpotujuvujpobm!cz!uif!efdjtjpo! pg!boz!dpvsu!pg!dpnqfufou!kvsjtejdujpo-!tvdi!efdjtjpo!tibmm!opu!bggfdu!uif!wbmjejuz!pg!uif!sfnbjojoh! qpsujpot!pg!uijt!Vshfodz!Psejobodf/!!Uif!Djuz!Dpvodjm!ifsfcz!efdmbsft!uibu!ju!xpvme!ibwf! bepqufe!uijt!Vshfodz!Psejobodf-!boe!fbdi!tfdujpo-!tvctfdujpo-!tvcejwjtjpo-!tfoufodf-!dmbvtf-! qisbtf!ps!qpsujpo!uifsfpg-!jssftqfdujwf!pg!uif!gbdu!uibu!boz!pof!ps!npsf!tfdujpot-!tvctfdujpot-! tvcejwjtjpot-!tfoufodft-!dmbvtft-!qisbtft!ps!qpsujpot!njhiu!tvctfrvfoumz!cf!efdmbsfe!jowbmje!ps! vodpotujuvujpobm/! SECTION 5. CEQA Determination.!Uif!Djuz!Dpvodjm!gjoet!uibu!uijt!Vshfodz! Psejobodf!jt!opu!tvckfdu!up!uif!sfrvjsfnfout!pg!uif!Dbmjgpsojb!Fowjsponfoubm!Rvbmjuz!Bdu-! qvstvbou!up!)Hvjefmjoft*!Tfdujpo!26171)d*)3*!cfdbvtf!uif!bdujwjuz!xjmm!opu!sftvmu!jo!b!ejsfdu!ps! sfbtpobcmz!gpsftffbcmf!joejsfdu!qiztjdbm!dibohf!jo!uif!fowjsponfou!boe!26171)d*)4*!cfdbvtf!uif! bdujwjuz!jt!opu!b!qspkfdu!bt!efgjofe!jo!Tfdujpo!26489!pg!uif!DFRB!Hvjefmjoft-!Dbmjgpsojb!Dpef!pg! Sfhvmbujpot-!Ujumf!25-!Dibqufs!4-!cfdbvtf!ju!ibt!op!qpufoujbm!gps!sftvmujoh!jo!qiztjdbm!dibohf!up! uif!fowjsponfou-!ejsfdumz!ps!joejsfdumz!boe!tp!jt!opu!b!qspkfdu/! ! !SECTION 6.!Effective Date. Qvstvbou!up!Dibsufs!Tfdujpo!528)e*-!uijt!Vshfodz! Psejobodf!jt!jouspevdfe-!qbttfe!boe!bepqufe!bu!pof!boe!uif!tbnf!nffujoh!boe!jt!uifsfbgufs! jnnfejbufmz!fggfdujwf/!Uif!Djuz!Dpvodjm!gjoet!uibu!uijt!Vshfodz!Psejobodf!jt!ofdfttbsz!bt!bo! fnfshfodz!nfbtvsf!gps!qsftfswjoh!uif!qvcmjd!qfbdf-!ifbmui-!tbgfuz-!boe!xfmgbsf/!Uif!sfbtpot!gps! uif!fnfshfodz!bsf!tfu!gpsui!jo!Tfdujpo!4-!B.E-!jodmvtjwf!pg!uijt!Vshfodz!Psejobodf/ ! ! !SECTION 7.!Publication. Uif!Djuz!Dmfsl!tibmm!dfsujgz!uif!bepqujpo!pg!uijt!Vshfodz! Psejobodf!boe!tibmm!dbvtf!uif!tbnf!up!cf!qptufe!bt!sfrvjsfe!cz!mbx/!! ! ! BEPQUFE!uijt!```!ebz!pg!```````````````````-!3135/! ! ! ! ! !!!!!!!!!```````````````````````! !!!!!!!Wbmfsjf!Bnf{dvb! !!!!!!!Nbzps! !!! ! ! ! ! ! ! ! ! ! ! ! Urgency Ordinance No. NS-XXX Page 4 of 6 BQQSPWFE!BT!UPGPSN; Tpojb!S/!Dbswbmip-!Djuz!Buupsofz ``````````````````````````````` Csboepo!Tbmwbujfssb Efqvuz!Djuz!Buupsofz BZFT;Dpvodjmnfncfst;```````````````````````````````````````` OPFT;Dpvodjmnfncfst;```````````````````````````````````````` BCTUBJO;Dpvodjmnfncfst;```````````````````````````````````````` OPU!QSFTFOU;!!Dpvodjmnfncfst;```````````````````````````````````````` Urgency Ordinance No. NS-XXX Page 5of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY ! J-!Kfoojgfs!M/!Ibmm-!Djuz!Dmfsl-!ep!ifsfcz!buuftu!up!boe!dfsujgz!uif!buubdife!Psejobodf!Op/!OT. YYYY!up!cf!uif!psjhjobm!psejobodf!bepqufe!cz!uif!Djuz!Dpvodjm!pg!uif!Djuz!pg!Tboub!Bob!po! `````````````````-!3135/! ! ! Ebuf;!!````````````````!````````````````````````````````````! !Djuz!Dmfsl! !Djuz!pg!Tboub!Bob! Urgency Ordinance No. NS-XXX Page 6 of 6 PSEJOBODF!OP/!OT.YYY! BO!PSEJOBODF!PG!UIF!DJUZ!DPVODJM!PG!UIF!DJUZ!PG!TBOUB!BOB-! DBMJGPSOJB-!BEEJOH!BSUJDMF!YYJ!UP!DIBQUFS!9!PG!UIF!TBOUB! BOB!NVOJDJQBM!DPEF!QSPIJCJUJOH!TIPSU.UFSN!SFOUBMT!!!!! WHEREAS,!uif!qspmjgfsbujpo!pg!pomjof!wbdbujpo!sfoubm!xfctjuft!tvdi!bt!Bjscoc/dpn!boe! pddvqbout!up!sfou!uifjs!mpdbm-!sftjefoujbm!qspqfsujft!po!b!tipsu.ufsn!sfoubm!)TUS*!cbtjt!up! usbwfmfst!ps!usbotjfout<!boe-!! WHEREAS,!uiftf!tipsu.ufsn!sfoubmt-!hfofsbmmz!ovncfsjoh!mftt!uibo!41!ebzt-!bsf!pgufo! sftjefoujbm!dibsbdufs<!boe-!! WHEREAS, uif!Djuz!ibt!sfdfjwfe!ovnfspvt!dpnqmbjout!gspn!sftjefout!bcpvu!uif! ofhbujwf!tfdpoebsz!fggfdut!pg!tipsu.ufsn!sfoubm!vtft!jo!uifjs!sftjefoujbm!ofjhicpsippet<!boe-! WHEREAS,!Tipsu.ufsn!sfoubmt!bmtp!sfnpwf!ipvtjoh!tupdl!uibu!dpvme!puifsxjtf!cf! bwbjmbcmf!gps!mpoh.ufsn!sfoubm!ps!gps!tbmf/!!Ebub!dpmmfdufe!gspn!wbsjpvt!TUS!qmbugpsnt!sfwfbmt!uibu! Offet!Bmmpdbujpo!)SIOB*!gps!3132.313:!jt!4-248!qfsnbofou!ipvtjoh!vojut/!!Uif!2-211!TUSt! sfqsftfou!bcpvu!46&!pg! ipvtjoh!bxbz!gspn!qfsnbofou!sftjefout<!boe-! WHEREAS, qvstvbou!up!Tboub!Bob!Nvojdjqbm!Dpef!)TBND*!Tfdujpo!52.2:1)b*-!uif! \[pojoh!Dpef!)Dibqufs!52!pg!uif!TBND*!jt!b!qfsnjttjwf!psejobodf-!nfbojoh!uibu!uiptf!vtft! fyqsfttmz!mjtufe!jo!uif!\[pojoh!Dpef!bsf!qfsnjttjcmf-!boe!uiptf!opu!mjtufe!bsf!qspijcjufe/!! WHEREAS-!bu!qsftfou-!uif!TBND!epft!opu!mjtu!TUSt!bt!bo!bqqspwfe!vtf!jo!boz!{pojoh! ejtusjdu-!nbljoh!uifn!qspijcjufe!boe!vobvuipsj{fe!voefs!uif!dvssfou!fogpsdfnfou!qsbdujdf! bggpsefe!cz!Tfdujpo!52.2:1)b*/!! WHEREAS uif!bgpsfnfoujpofe!tfdujpo!pg!uif!\[pojoh!Dpef!jo!tqfdjgjdbmmz!beesfttjoh!TUSt!uispvhi!uif!Dpef! Fogpsdfnfou!qspdftt/!! WHEREAS, . ufsn!sfoubmt!jo!sftjefoujbm!{pojoh!ejtusjdut/!Ipxfwfs-!cfdbvtf!tipsu.ufsn!sfoubmt!bsf!opu!fyqsfttmz! qfsnjuufe!jo!sftjefoujbm!{pojoh!ejtusjdut!voefs!uif!TBND-!tvdi!usbotjfou!vtft!bsf!qspijcjufe<!boe-!! WHEREAS,!uif!Djuz!Dpvodjm!eftjsft!up!bnfoe!uif!TBND!up!fyqsfttmz!qspijcju!tipsu. ufsn!sfoubmt!xjuijo!uif!Djuz-!up!sfbggjsn!fyjtujoh!mbx-!boe!up!qsftfswf!uif!sftjefoujbm!dibsbdufs!pg! Djuz!ofjhicpsippet!boe!tufn!uif!ofhbujwf-!tfdpoebsz!fggfdut!dbvtfe!cz!uiptf!vtft<!boe-!! Ordinance No. NS-XXX Page 1 of 5 WHEREAS-jo!sftqpotfup!sfdfoumfhbmefwfmpqnfout-uijtvshfodzpsejobodftffltup bnfoeuif!TboubBobNvojdjqbmDpef)TBND*!up!qspijcjutipsu.ufsnsfoubmtjo!bmjhonfouxjui uif!TBND(t!dvssfou!qsbdujdf!boe!fyqfdubujpo-!bt!xfmm!bt!dpnqmjbodf!xjui!sfdfou!dpvsu!efdjtjpot<! boe- WHEREAS,uifsffyjtupwfs211dpogjsnfe!bdujwf!dbtft!pgTUStuibu ibwf!pohpjoh!fogpsdfnfou!opujdft!boe!wjpmbujpot<!! WHEREAS,uif!DjuzDpvodjmibtefufsnjofeuibujujt!ofdfttbszgpsqsftfswjohuif qvcmjdqfbdf-!ifbmui-tbgfuz-boexfmgbsfupfyqsfttmzqspijcjutipsu.ufsnsfoubmtxjuijouif!Djuz! boe!up!efdmbsf!tvdi!vtft!bt!b!qvcmjd!ovjtbodf!qvojtibcmf!voefs!uif!TBND/!!! UIFDJUZ!DPVODJM!PG!UIFDJUZ!PG!TBOUB!BOB!EPFT!PSEBJOBT GPMMPXT;!!! SECTION 1/Recitals.Uif!sfdjubmtbcpwf!bsf!usvf-dpssfduboefbdijodpsqpsbufeifsfjo! SECTION 2.Addition.BsujdmfYYJ!)Tfdujpot9.45119.4513*!jtifsfcz!beefeup Dibqufs!9!pg!uif!TBND!up!sfbe!bt!gpmmpxt;! BSUJDMF!YYJ/!!TIPSU.UFSN!SFOUBMT! Tfd/!9.4511/!!Efgjojujpot/!! Uif!efgjojujpottfugpsui!jo!uijtTfdujpotibmm!hpwfsouifbqqmjdbujpoboejoufsqsfubujpopguijt! Bsujdmf;! )b*Home-sharing rental nfbot!uif!sfoubm!pg!b!exfmmjoh!voju-!ps!qpsujpo!uifsfpg-!up!b!qfstpo ps!hspvq!pg!qfstpot-!gps!dpnqfotbujpo!xifuifs!npofubsz!ps!puifsxjtf-!gps!mpehjoh!ps!tmffqjoh qvsqptft!gps!b!qfsjpe!pg!mftt!uibo!uijsuz!)41*!dpotfdvujwf!dbmfoebs!ebzt!xijmf!bu!mfbtu!pof!pg!uif . )c*Short-term or vacation rental nfbot!uif!sfoubm!up!b!qfstpo!ps!hspvq!pg!qfstpot!pg!b exfmmjoh!voju-!ps!qpsujpo!uifsfpg-!gps!dpnqfotbujpo!xifuifs!npofubsz!ps!puifsxjtf-!gps!mpehjoh!ps tmffqjoh!qvsqptft!gps!b!qfsjpe!pg!mftt!uibo!uijsuz!)41*!dpotfdvujwf!dbmfoebs!ebzt!xjuipvu dpodvssfoumz!cfjoh!pddvqjfe!cz!uif!qspqfsuz!pxofs/ Tfd/!9.4512/.Qspijcjufe/ Ju!tibmm!cf!vombxgvm!gps!boz!qfstpo!ps!foujuz!up;!pggfs!ps!nblf!bwbjmbcmf!gps!sfou!)wjb!bewfsujtfnfou! po!b!tipsu.ufsn!ps!wbdbujpo!sfoubm!xfctjuf!ps!puifsxjtf*!ps!up!sfou!)cz!xbz!pg!b!sfoubm!bhsffnfou-! mfbtf-tvcmfbtf-mjdfotf-!wjb!b!tipsu.ufsn!ps!wbdbujpo!sfoubm!xfctjuf-ps!boz!puifs!nfbot-!xifuifs! psbm!ps!xsjuufo*!gps!dpnqfotbujpo!ps!dpotjefsbujpo!b!ipnf.tibsjoh!sfoubm-!tipsu.ufsn!ps!wbdbujpo! sfoubm!gps!mftt!uibo!41!ebzt-!qvstvbou!up!b!sfoubm!bhsffnfou-!mfbtf-!tvcmfbtf-!mjdfotf-!wjb!b!tipsu. ufsn!ps!wbdbujpo!sfoubm!xfctjuf-ps!boz!puifs!nfbot-!xifuifs!psbm!ps!xsjuufo-!gps!dpnqfotbujpo!ps! dpotjefsbujpo-!ps!nbjoubjo!boz!bewfsujtfnfou!pg!b!ipnf.tibsjoh!sfoubm-!tipsu.ufsn!ps!wbdbujpo! Ordinance No. NS-XXX Page 2of 5 sfoubm!gps!mftt!uibo!41!dpotfdvujwf!ebzt/!! ! Tfd/!9.4513/!.Wjpmbujpo<!ovjtbodf/!! ! Boz!wjpmbujpo!pg!uijt!Bsujdmf!jt!vombxgvm-!jt!ifsfcz!efdmbsfe!b!qvcmjd!ovjtbodf-!boe!dpotujuvuft!b! njtefnfbops!qvojtibcmf!bt!tfu!gpsui!jo!Dibqufs!2!pg!uif!TBND!tfdujpo!2.9/!Bu!uif!ejtdsfujpo!pg! uif!Djuz!Buupsofz-!b!wjpmbujpo!pg!uijt!Bsujdmf!nbz!cf!qsptfdvufe!bt!bo!jogsbdujpo!ps!njtefnfbops/! Jo!boz!djwjm!bdujpo!cspvhiu!qvstvbou!up!uijt!Bsujdmf-!b!dpvsu!pg!dpnqfufou!kvsjtejdujpo!nbz!bxbse! Qvstvbou!up!Nvojdjqbm!Dpef!Tfdujpo! 2.32-!uif!Djuz!nbz!jttvf!bo!benjojtusbujwf!djubujpo!gps!boz!wjpmbujpo!pg!uijt!Bsujdmf/!Tvdi! benjojtusbujwf!sfnfez!nbz!cf!fyfsdjtfe!jo!qmbdf!pg-!ps!jo!beejujpo!up-!boz!benjojtusbujwf-! dsjnjobm-!djwjm-!ps!frvjubcmf!sfnfez!bmmpxfe!cz!mbx/!!!! SECTION 3. Severability.!Jg!boz!tfdujpo-!tvctfdujpo-!tfoufodf-!dmbvtf-!qibtf-!ps!qpsujpo! pg!uijt!Psejobodf!jt!gps!boz!sfbtpo!ifme!up!cf!jowbmje!ps!vodpotujuvujpobm!cz!uif!efdjtjpo!pg!boz! dpvsu!pg!dpnqfufou!kvsjtejdujpo-!tvdi!efdjtjpo!tibmm!opu!bggfdu!uif!wbmjejuz!pg!uif!sfnbjojoh! qpsujpot!pg!uijt!Psejobodf/!!Uif!Djuz!Dpvodjm!ifsfcz!efdmbsft!uibu!ju!xpvme!ibwf!bepqufe!uijt! Psejobodf-!boe!fbdi!tfdujpo-!tvctfdujpo-!tvcejwjtjpo-!tfoufodf-!dmbvtf-!qisbtf!ps!qpsujpo!uifsfpg-! jssftqfdujwf!pg!uif!gbdu!uibu!boz!pof!ps!npsf!tfdujpot-!tvctfdujpot-!tvcejwjtjpot-!tfoufodft-! dmbvtft-!qisbtft!ps!qpsujpot!njhiu!tvctfrvfoumz!cf!efdmbsfe!jowbmje!ps!vodpotujuvujpobm/! SECTION 4. CEQA Determination.!Uif!Djuz!Dpvodjm!gjoet!uibu!uijt!Psejobodf!jt!opu! tvckfdu!up!uif!sfrvjsfnfout!pg!uif!Dbmjgpsojb!Fowjsponfoubm!Rvbmjuz!Bdu-!qvstvbou!up!)Hvjefmjoft*! Tfdujpo!26171)d*)3*!cfdbvtf!uif!bdujwjuz!xjmm!opu!sftvmu!jo!b!ejsfdu!ps!sfbtpobcmz!gpsftffbcmf! joejsfdu!qiztjdbm!dibohf!jo!uif!fowjsponfou!boe!26171)d*)4*!cfdbvtf!uif!bdujwjuz!jt!opu!b!qspkfdu! bt!efgjofe!jo!Tfdujpo!26489!pg!uif!DFRB!Hvjefmjoft-!Dbmjgpsojb!Dpef!pg!Sfhvmbujpot-!Ujumf!25-! Dibqufs!4-!cfdbvtf!ju!ibt!op!qpufoujbm!gps!sftvmujoh!jo!qiztjdbm!dibohf!up!uif!fowjsponfou-! ejsfdumz!ps!joejsfdumz!boe!tp!jt!opu!b!qspkfdu/! ! !SECTION 5.!Effective Date. Uijt!Psejobodf!tibmm!cfdpnf!fggfdujwf!uijsuz!)41*!ebzt! bgufs!jut!bepqujpo/ ! ! !SECTION 6.!Publication. Uif!Djuz!Dmfsl!tibmm!dfsujgz!uif!bepqujpo!pg!uijt!Psejobodf! boe!tibmm!dbvtf!uif!tbnf!up!cf!qptufe!bt!sfrvjsfe!cz!mbx/!! ! ! BEPQUFE!uijt!```!ebz!pg!```````````````````-!3135/! ! ! ! ! !!!!!!!!!```````````````````````! !!!!!!!Wbmfsjf!Bnf{dvb! !!!!!!!Nbzps! !!! !! Ordinance No. NS-XXX Page 3 of 5 BQQSPWFE!BT!UP!GPSN; Tpojb!S/!Dbswbmip-!Djuz!Buupsofz ``````````````````````````````` Csboepo!Tbmwbujfssb Efqvuz!Djuz!Buupsofz BZFT;Dpvodjmnfncfst;```````````````````````````````````````` OPFT;Dpvodjmnfncfst;```````````````````````````````````````` BCTUBJO;Dpvodjmnfncfst;```````````````````````````````````````` OPU!QSFTFOU;!!Dpvodjmnfncfst;```````````````````````````````````````` Ordinance No. NS-XXX Page 4of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY ! J-!Kfoojgfs!M/!Ibmm-!Djuz!Dmfsl-!ep!ifsfcz!buuftu!up!boe!dfsujgz!uif!buubdife!Psejobodf!Op/!OT. YYYY!up!cf!uif!psjhjobm!psejobodf!bepqufe!cz!uif!Djuz!Dpvodjm!pg!uif!Djuz!pg!Tboub!Bob!po! `````````````````-!3135/! ! ! Ebuf;!!````````````````!````````````````````````````````````! !Djuz!Dmfsl! !Djuz!pg!Tboub!Bob! Ordinance No. NS-XXX Page 5 of 5 Parks, Recreation, and Community Services www.santa-ana.org/parks Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 19, 2024 TOPIC: Youth Commission Informational Report AGENDA TITLE Youth Commission Informational Report (continued from the meeting of March 19, 2024, Item No. 25) RECOMMENDED ACTION Accept informational report and provide direction to staff. GOVERNMENT CODE 84308 APPLIES: No DISCUSSION: Background At the February 20, 2024 meeting, the City Council directed staff to return with options regarding the future of the Youth Commission. Accordingly, staff conducted preliminary research regarding different commission structures, alternatives to a commission, and out-of-the-box considerations as options to obtain greater youth involvement. Below are some options for the City Council to consider. 1.Keep Youth Commission as-is. Staff requests that Councilmembers encourage their appointees to attend meetings and remind them that they receive $100.00 per meeting. The Commission is currently missing appointees from Ward 1, Ward 3, and the Mayor (appointment listed separately on agenda for March 19, 2024). 2.Disband Youth Commission. 3.Staff-run Youth Advisory Committee. The City of Anaheim was experiencing similar issues with lack of quorum and participation and recently dissolved their Youth Commission and established a Youth Advisory Committee to be appointed and managed by staff, meetings to be held with any number of members present, and not subject to the Brown Act. 4.Subcommittee for Parks and Recreation with two rotating seats for members of the Youth Subcommittee to attend Parks, Recreation, and Community Services Commission meetings as commissioners. Youth Commission Informational Report March 19, 2024 Page 2 5.Create two seats on the Parks, Recreation, and Community Services Commission as done for the two Senior representatives. Youth would submit applications to the City Clerk and staff would select from the applicants for approval by the City Council. In terms of keeping the Youth Commission as-is (Option No. 1), the City Council had inquired about the use of Zoom, providing transportation, and changing the location of meetings. The Youth Commission was created by the City Council as an advisory body and its members are appointed by the City Council. Therefore, its meetings are subject to the Brown Act; the provisions of the Brown Act preclude the City from conducting a completely virtual meeting. In terms of providing transportation, the City does not have the proper driver certifications to transport youth individually. Additionally, there are additional insurance and liability concerns pertaining to transporting and supervising minors. Alternative locations for meetings could be investigated and possibly implemented, noting that as commissioners are appointed by ward, a location that is closer and more convenient for one commissioner may pose a greater hardship for another commissioner. Staff recommends maintaining a central location for the meetings at City Hall. Recommendation Staff recommends Option No. 5: the creation of two seats on the Parks, Recreation, and Community Services Commission meeting, similar to the two Senior representatives. Interested youth would submit applications to the City Clerk and staff would review applicants, interview, and select two for the Commission, subject to approval by the City Council. Councilmembers are asked to encourage youth to apply for this opportunity. Appointees made by the Parks and Recreation Staff would be full commissioners on the Parks and Recreation Commission, with a $100 per meeting stiped. Should the City Council provide direction to staff related to Option nos. 2-5, staff will return at a future meeting for formal action by the City Council to implement the chosen direction. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Tom Hatch, Interim City Manager Planning and Building Agency www.santa-ana.org/planning-and-building/ Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: 2101 and 2109 E Santa Clara Avenue AGENDA TITLE Amendment Application (Zone Change) No. 2024-01 to Amend the Zoning Map District Designation for the Properties Located at 2101 and 2109 E. Santa Clara Avenue Published in the OC Reporter on March 20, 2024. RECOMMENDED ACTIONS 1.Approve the introduction and first reading of an ordinance approving Amendment Application (Zone Change) No. 2024-01. ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2024- 01 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE (APN: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5) 2.Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (SCH No. 2024010298), Environmental Review No. 2023-16, prepared for the project, in accordance with the California Environmental Quality Act (CEQA). GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner), is requesting approval of Amendment Application (Zone Change) No. 2024-01, to facilitate construction of a fast food eating establishment with drive-through operations (McDonald’s) at 2101 and 2109 E. Santa Clara Avenue. The site is currently zoned as General Agricultural (A1), and the amendment application would allow a change to the zoning classification to Arterial Commercial (C5), in order to allow the proposed eating establishment and drive-through operations. Staff is recommending approval of the amendment application as the proposed project will enhance underutilized lots and provide additional services to 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 2 residents, workers, and visitors in the area. Moreover, the project complies with the General Plan goals and policies as it seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe, and creative environment. Lastly, the project will not negatively impact the surrounding community as the project has been designed to minimize impacts to the nearby sensitive land uses. Planning Commission Action and Background On February 26, 2024, the Planning Commission held a public hearing for this project and voted 4:1 (Commissioner Ramos dissenting and Commissioners Pham and Leo absent) to recommend that the City Council adopt an ordinance approving Amendment Application No. 2024-01. At the same public hearing, the Planning Commission voted 3:2 (Commissioner Escamilla and Ramos dissenting and Commissioners Pham and Leo absent) to approve Conditional Use Permit (CUP) No. 2024-01, permitting the proposed drive-through operations for McDonald’s. During the public hearing, the Planning Commission discussed items of concern, including traffic safety and historic eligibility of the two residential structures on the site. The additional items of consideration discussed by the Planning Commission are further analyzed in the Environment Impact’s Historic or Cultural Significance and Traffic and Safety Impacts sections of this staff report. Lastly, a second CUP application for 24-hour operations of the drive-through facility was ultimately withdrawn by the project applicant at the public hearing, and was no longer considered by the Planning Commission, nor a part of the overall project approval request. As such, the project’s proposed hours of operation are between 5:00 a.m. to 12:00 a.m. (midnight) for both indoor dining and the drive-through operations, 7 days a week. Any future request for operating hours beyond midnight would require review and approval of a separate CUP for after-hours operation. DISCUSSION Project Description Table 1: Project and Location Information ItemInformation Project Address and Council Ward 2101 and 2109 E. Santa Clara Avenue – Ward 3 Nearest IntersectionNorth Tustin Avenue and East Santa Clara Avenue General Plan Designation General Commercial (GC) – No change Existing Zoning DesignationGeneral Agricultural (A1) Proposed Zoning DesignationArterial Commercial (C5) NorthCommercial center EastDrive-through restaurant Surrounding Land Uses SouthMulti-family residential (Woodlyn North Condominiums), preschool/kindergarten, commercial center WestCalifornia Highway Patrol station and parking for Horizon Apartments multi-family residential 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 3 community Property Size0.81-acres (35,400 square feet) The subject sites contain two one-story, single-family Existing Site Developmentresidences approximately 2,530 and 3,904 square feet in size, with associated accessory structures. Existing Site UsesSingle-family residences (2) Proposed Building Size3,975 square feet Use PermissionsAllowed with an amendment application (zone change) and conditional use permit (CUP). Zoning Code Sections AffectedUsesSAMC Section 41-424.5 Operational StandardsSAMC Section 41-425-428 The site is currently zoned as General Agricultural (A1), and the proposed project includes an amendment application (zone change) to change the zoning classification to Arterial Commercial (C5) in order to allow the proposed eating establishment and drive- through operations. As part of the overall scope of work, the applicant is proposing to demolish two residential structures and associated improvements on two legal lots (2101 and 2109 E. Santa Clara Avenue), including the associated pool, asphalt concrete paving, and vegetation, in order to construct a new 3,975-square-foot fast food establishment for McDonald’s with drive-through operations. The eating establishment is proposed to be integrated within an existing commercial center and would maintain reciprocal access. The establishment would be accessible via three existing vehicle driveway approaches, two along Tustin Avenue and the third along Santa Clara Avenue, with no new driveway/entries proposed as part the project. However, the primary vehicular ingress and egress points and the proposed parking lot would primarily be accessible from the existing driveway along Santa Clara Avenue. The drive- through would be accessible from the existing driveway along Tustin Avenue, and vehicles would travel west/southwest along the proposed drive-through. As proposed, the establishment would include a dual drive-through lane, limited to the ordering/menu board area and a bypass lane near the pick-up window. The two drive- through lanes will be available for ordering, which will then merge into a single drive- through lane for pick-up window services. The bypass lane will allow vehicles that have already received their meals to bypass any queued vehicles and ultimately exit via a proposed new driveway along Santa Clara Avenue. Each lane is proposed to have vehicular stacking lanes exceeding the minimum required 80 feet from the center of the pick-up window and 80 feet from the order point. The applicant proposes various off-site and on-site improvements that include improvements to the public right-of-way (i.e., sidewalks, curbs, street lighting, and access drives), extensive landscaping (perimeter and parking lot), enhanced paving at the two driveway entries, a parking lot with 32 parking stalls, a decorative trash enclosure, and parking lot fixtures. Work would also include the removal of the western most driveway along Santa Clara and replace it with sidewalk, and rebuild the eastern most existing 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 4 driveway located along Santa Clara Avenue. The proposed eating establishment would include fast-food operations, such as indoor food preparation, cooking, indoor and outdoor eating areas, and restrooms. It will include approximately 802 square feet of dining area with seating for over 30 guests. The proposed hours of operation are between 5 a.m. to 12 a.m. for both indoor dining and the drive-through operations, 7 days a week. The building is designed in a California contemporary architectural style with a neutral/dark color palette and tones along the outer facades, which would involve materials such as plaster/stucco, aluminum, and metals. The site would provide approximately 8,604 square feet of landscaping throughout the site and the proposed plant palette would consist of a high quality plant materials including trees, shrubs, vines, grasses, and groundcover. The proposed planter areas would be constructed along the northern, western, and southern site perimeters and would provide decorative screening and a buffer between the eating establishment and the adjacent, off-site land uses, in addition to being placed centrally within the proposed surface parking lot and adjacent to the proposed drive-through. Table 2 below provides a detailed comparison of the project’s compliance with the applicable land use and development standards. Table 2: Development Standards Required by General StandardProvided Commercial (C5) Zone Front yard 15 feet minimumComplies; 15 feet Side yard (interior)0 feet minimumComplies; 29-125 feet Rear yard0 feet minimumComplies; 39 feet Lot Size & 15,000 sq. ft. and 120 feetComplies; 35,400 sq. ft. and 200 ft. Frontage Building height35 feet maximumComplies; 23 feet 32 spaces minimum (8 spaces ParkingComplies; 32 spaces per 1,000 sq. ft. restaurant) Floor Area Ratio 0.50 FAR maximumComplies; 0.11 FAR (F.A.R.) Complies; 113 feet from the order point/ 160 feet; 80 feet to menu board menu board to beginning of drive-through Stacking Distance and 80 feet to pick-up window lane, 147 feet from pick-up window/pay window to the menu board Project Background The earliest aerial imagery from 1938 shows that the subject properties appear to be first developed as an orchard. No buildings or structures were present on site at this time and most of the surrounding area was used for orchards, with some houses and agricultural buildings in the vicinity. The single-family residence addressed as 2101 E. Santa Clara Avenue was constructed at an unknown date and moved to the site in 1967. In 1967, a permit was issued to relocate the home within the site and build a new garage approximately 660 square feet in size. The single-family residence addressed as 2109 E. Santa Clara Avenue was constructed circa 1957 and included the main house and garage. The house remained surrounded by orchard trees, as well as most of the 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 5 surrounding properties in the area. The rest of the now-commercial shopping center remained undeveloped until 1972. Today, the two subject properties are legal non- conforming, as they do not meet most of the development standards for the underlying zone and were constructed prior to 1960. Based on permit and title records, both 2101 and 2109 E. Santa Clara Avenue were owned by the Newcomb family until they were sold to SRP Stater Bros, LLC in February 2021. In April 2022, Development Project (DP) Review application (No. 2022-06) was submitted for review and consideration by the City’s Development Review Committee (DRC). The applicant revised the project following the first community meeting in late April 2022, and subsequently resubmitted the DP application in December 2022. Thereafter, several site plan changes and project submittals were made to the City following the second community meeting in February 2023. In March 2023, the property owners submitted a voluntary lot merger application (No. 2023-02) to consolidate 2101 and 2109 E. Santa Clara Avenue into a single legal lot. The lot merger application was executed and recorded in June 2023. Before the DP application could be deemed complete, the project underwent several months of environmental review which concluded in late December 2023. Subsequently, the DP application was deemed complete on December 13, 2023, and the required entitlement applications were submitted January 8, 2024. Project Analysis The subject site is zoned General Agricultural (A1). The allowable land uses and development standards pertaining to the A1 zoning district would render the project infeasible, as eating establishments are prohibited by the A1 zoning district. Approval of an amendment application to change the zoning district to Arterial Commercial (C5) is required for the project. The proposed zone change intends to align the subject site with the existing shopping center development to the north and east, and intends to align with the commercial corridor along Tustin Avenue, which is largely zoned C5. Moreover, the proposed C5 zoning district designation is also consistent with the new General Commercial (GC) General Plan Land Use Element designation for the site that resulted from the April 2022 General Plan Update. This land use designation encourages developments that provide highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The proposed project has been designed as a single-story McDonald’s building with a maximum height of 23 feet to the top of the parapet. In designing the proposed development, consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. General Plan Consistency 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 6 The General Plan Update (GPU) was adopted in April 2022, after a seven-year effort of extensive community participation. Engagement efforts and interactions with the community included over 60 community meetings and workshops, online surveys, direct mailers to property owners and tenants, and multiple study sessions. Moreover, they included one-on-one meetings with the Planning Commission and City Council, which allowed for an informed and inclusive decision-making process. These efforts resulted in the crafting of the land use plan within the Land Use Element that reflects the community’s visions for Santa Ana’s growth and development citywide. The updated Land Use Element of the General Plan reflects and sets the community’s land use and development policies and a vision for future development of the City. Prior to the GPU, the subject properties had a split land use designation of Institutional (INS) and General Commercial (GC). As a result of the GPU, the land use designation for the properties were updated to fully be GC, consistent with the adjacent commercial center properties. However, the GPU did result in a zoning inconsistency, as the properties were still zoned General Agricultural (A1), which does not allow for eating establishments. To address this inconsistency, the overall project includes an amendment application to change the zoning district to Arterial Commercial (C5) required for the project. The approval of the proposed project will be consistent with the General Plan land use designation of General Commercial (GC). The project would provide an added amenity to the existing commercial shopping center and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. The overall operations will contribute to the viability of the site creating a business environment that is safe and attractive. Moreover, the project has been designed to be consistent with several goals and policies of the General Plan as discussed below. Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa ’s diverse needs o Policy 2.2 Capture Local Spending – Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment – Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana. The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 7 investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the proposed project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. Goal LU-3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development – Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment – Promote a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the proposed improvements would preserve the character of the existing commercial area. The scale and massing of the new project is proposed to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover, which would further help enhance the viability of the commercial center, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. Goal EP-1: Job Creation and Retention – Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business – Promote new and retain existing job- producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the proposed improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the proposed project would help create a job-producing establishment, thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment – Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. o Policy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use – Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 8 new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations for both the Planning Commission and the City Council public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development. In addition to the above noticing, the project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first community meeting was held April 21, 2022. Twelve members of the community attended and posed questions relating to hours of operation, on-site traffic circulation, and site lighting. The second community meeting was held February 2, 2023, during which over 25 members of the community attended and posed questions related to increased traffic concerns along Santa Clara Avenue, status of traffic study, status of the existing single-family homes and proposed relocation/demolition, hours of operations, entitlement timeline and process, on-site traffic circulation, and traffic collision concerns along Santa Clara Avenue. Materials from the two required community meetings are included with this report as Exhibit 6, and all materials were published to the project’s webpage on the City’s website at www.santa-ana.org/mcdonalds-drive-through-restaurant/. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project and has been attached to this report as Exhibit 5. The purpose of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the project’s construction and operation. Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 9 related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement of earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor. MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. The final Mitigation and Monitoring and Reporting Program (MMRP) can be found as part of the overall environmental documents provided in Exhibit 5. Historic or Cultural Significance Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 East Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. More specifically, what remains of both properties lacks both historical significance and integrity such that they do not meet any state or local criteria/integrity requirements for 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 10 designation. The City’s environmental consultant closely reviewed and applied criteria for evaluation, as outlined by the U.S. Department of the Interior, National Park Service, as part of their significance evaluation. The evaluation was included as Appendix C in the Draft Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the project. Their significant evaluation summarized that the Newcombs were one of many early families that arrived in the Santa Ana area in the 1870s and 1890s. The family owned a sizable tract of land and used it for agricultural purposes and built a family homestead in the 1920s nearby at the corner of what is now Tustin and Santa Clara avenues. Robert Henry Newcomb was the grandson of this early Santa Ana family, and it appears that he built the existing ranch house on the project site in circa 1957. However, from the 1950s through the early 1970s, much of Santa Ana, including Santa Clara Avenue, experienced a postwar development boom and numerous homes were constructed on what was previously agricultural land. During this period, the original family homestead from the 1920s (which best represented the Newcomb family) was demolished by 1972. From circa 1957 to 2021, multiple Newcomb family members lived in the ranch house (2109 E. Santa Clara Avenue), including Robert Henry Newcomb. Robert owned a successful shoe store in downtown Santa Ana for approximately 60 years; the store was eventually sold in 1980. Members of the Newcomb family continued to own the ranch house from circa 1957 to 2021, when they sold the property to SRP Stater Bros, LLC, the entity that owns the adjacent commercial center to the north of the project site. Although the Newcombs were one of the City’s early families, they were not the first family to settle in the area from the 1870s to the 1890s, and no evidence was found to suggest that the Newcomb family made any significant contribution to the history of Santa Ana or to its early agricultural industry. While Robert Newcomb had a successful business for many years, his business and his contribution to his profession were not revolutionary or impactful from a historical perspective. Additionally, the ranch house was constructed much later than the original family homestead and long after the arrival of the family in the area in 1883. Furthermore, the original setting for the ranch house is unrecognizable today as a result of significant commercial and residential development in the area that included the demolition of the Newcomb family homestead by 1972. Given the lack of significant historical associations, lack of significant contributions to the history of the City, and a lack of integrity of setting, neither single-family structure rises to the level of significance required for designation under any State or local criteria. This includes the City of Santa Ana’s local historic preservation ordinance (Chapter 30 – Places of Historical and Architectural Significance). Specifically, the criteria for local designation into Santa Ana Register of Historical Properties “Register,” outlined in Section 30-2 (Criteria for Selection) of the Santa Ana Municipal Code (SAMC). Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. Traffic and Safety Impacts 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 11 A Transportation Analysis was prepared for the proposed project by Urban Crossroads, dated August 16, 2023. The findings of the analysis were summarized in Section 4.17 (Transportation) of the IS/MND, and the Transportation Analysis in its entirety is included as Appendix K to the Draft IS/MND. The Transportation Analysis included a Level of Service (LOS) analysis, which is a qualitative description of traffic flow based on several factors including speed, travel time, delay, and freedom to maneuver. Moreover, the project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Lastly, a Vehicles Miles Traveled (VMT) Screening Evaluation was prepared by Urban Crossroads, dated December 11, 2023 and included as Appendix L to the Draft IS/MND. The Transportation Analysis addressed traffic conditions for multiple different scenarios, including existing (2022) baseline conditions, existing with Project conditions, opening year (2023) cumulative without Project conditions, opening year cumulative with Project conditions, horizon year without Project conditions (2040), and horizon year with Project conditions. A queuing analysis was performed for the left turning movements at the intersection of Tustin Avenue and Santa Clara Avenue to assess vehicle queues along the roadways and prevent dangerous intersections. In summary, the intersection left turning movements currently experience and are anticipated to experience acceptable queuing during the peak hours based on the 95th percentile peak hour traffic flows for each of the scenarios proposed above. The queuing analysis findings are presented in Appendix K to the Draft IS/MND. As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa Ana’s significance criteria, and no traffic signal is warranted for either intersection, intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Moreover, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project. In 2013, the State of California signed into law Senate Bill 743 (SB 743), which changes how transportation impacts are analyzed under the California Environmental Quality Act (CEQA) in order to help reduce transportation impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long-term sustainability, SB 743 changed the standard for evaluating transportation impacts under CEQA from a LOS standard to Vehicle Miles Traveled (VMT) standard. This statewide mandate went into effect July 1, 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 12 2020. In 2019, the City of Santa Ana adopted Traffic Impact Study Guidelines (dated September 2019), which states that several types of projects can be screened out from a VMT assessment using identified criteria, indicating that these projects have the potential to reduce VMT per service population and result in a less-than-significant transportation impacts. The City’s Guidelines list standardized screening methods for project level VMT analysis that can be used to identify when a proposed land use development project is anticipated to result in a less than significant impact thereby eliminating the need to conduct a full VMT analysis. The City of Santa Ana VMT screening types, as described within the City Guidelines, are listed below: Transit Priority Area (TPA) Screening Low VMT Area Screening Project Type Screening A land use project need only to meet one of the above screening thresholds to result in a less than significant impact. Pursuant to the VMT Screening Evaluation prepared by Urban Crossroads, the project did not meet the threshold for TPA or Low VMT screening. However, the project was found to meet the Project Type screening criteria. Pursuant to the City of Santa Ana Traffic Impact Study Guidelines (dated September 2019), local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. The proposed project would develop a drive-through quick serve restaurant of 3,975 square feet, which is below the 50,000 square feet project type screening threshold as identified. Therefore, the project is presumed to result in a less than significant impact for VMT, and thus no further VMT analysis was required and no mitigation measures were required. Lastly, the VMT Screening Evaluation was thoroughly peer reviewed by the City’s Traffic Engineer and the City’s CEQA consultant, both of which concluded that the VMT Screening Evaluation prepared for the project shows the project is screened out from any full VMT analysis. Overall, the project would incorporate all recommendations provided by the Transportation Analysis. These include that the project maintain existing traffic controls and configuration at project driveways, and that on-site traffic signing and striping should be implemented agreeable with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and in conjunction with detailed construction plans for the project site. Additionally, the applicant’s responsibility for the project’s contributions towards deficient off-site intersections is fulfilled through payment into pre-existing fee programs that would be assigned to the future construction of any future local/regional improvement needs (e.g., payment of fair share and/or fees for the applicable pre-existing fee programs/permit impact fees). With incorporation of all recommendations provided by the Transportation Analysis, the project would not substantially increase traffic hazards or congestion. Nonetheless, the applicant has agreed to install additional traffic safety enhancements as requested by the City Engineer to ensure that traffic circulation patterns are not further impacted or 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 13 worsened, and ensure that the proposed operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. These include, but are not limited to, onsite traffic signage and directional pavement markings to prohibit left turns from the project’s driveway onto Santa Clara Avenue. Public Review Process The IS/MND’s Notice of Intent (NOI) was posted to the County Clerk on January 12, 2024, for the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center, and on the City website. A total of five comment letters from one agency and four individuals were received during and immediately after the public review period. The City has reviewed all comments to determine whether any substantial new environmental issues have been raised. Moreover, the City has provided responses to all written comments, which can be found in the Responses to Comments (RTC) and MMRP document. Based on the evaluation in the IS/MND together with the comments received, the City has determined that no substantial new environmental issues have been raised that have not been adequately addressed in the IS/MND and/or in this RTC and MMRP document. All potential impacts associated with the project were found to be less than significant with incorporation of identified mitigation measures, where applicable. Therefore, the project would not result in any significant impacts and an IS/MND is the appropriate environmental document for the project in accordance with CEQA and the State CEQA Guidelines. The City’s final RTC and MMRP document is provided in Exhibit 5. As of this printing, no additional comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Determination, Environmental Review No. 2023-16 will be filed for this project. ECONOMIC AND FISCAL IMPACTS Jobs that would be created during construction would be short-term and would be typically filled by existing residents of the region. The project would include a maximum of twelve permanent employees working approximately three shifts per day, which would result in a maximum of 36 employees per day. As with the temporary construction workers, long-term operation employees are anticipated to be filled by existing residents of the region. There is no fiscal impact associated with this action. EXHIBIT(S) 1.Amendment Application Ordinance 2.Vicinity Zoning and Aerial Map 3.Site Photos 4.Full Project Plans 2101 and 2109 E Santa Clara Avenue April 2, 2024 Page 14 5.Initial Study Mitigated Negative Declaration (IS/MND) 6.Sunshine Ordinance Meetings Documents 7.Planning Commission Agenda Packet with Public Comments Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Tom Hatch, Interim City Manager ORDINANCENO.NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITYOF SANTA ANA APPROVING AMENDMENTAPPLICATION NO.2024-01AMENDING THE ZONINGFOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE (APN:396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1)TO ARTERIAL COMMERCIAL (C5) THECITYCOUNCILOFTHECITYOFSANTAANAHEREBYORDAINSAS FOLLOWS: Section 1.The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner)is requestingapprovalofAmendmentApplication(AA)No.2024-01tochange thezoningdesignationofthepropertieslocatedat2101 and2109 E. Santa Clara Avenue(APN: 396-261-26 AND 396-261-38) from General Agricultural(A1)to Arterial Commercial (C5)inordertofacilitatethe eating establishment with adrive-through operations. B.Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Codeestablishesthatbecauseof thenecessityof segregatingthe location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulkand size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessaryin order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and airand to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health,safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which hassince been amended from time to time. C.On April 19, 2022, the City adopted the General Plan Update,whichwent into effect on May 26, 2022.The General Plan designation for this property is General Commercial (GC). D.The entire project as currently proposed entails a request for approval of Conditional Use Permit No. 2024-01, toallow a restaurant with drive- through window service. Ordinance No.NS-XXXX Page 1 of E.Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of Amendment Application No. 2024-01 is consistent with the General Plan, including, but not limited to, the General Plan Designation of General Commercial as well its goals and policies, as follows: Goal LU-2: Land Use Needs Provide a balance of land uses that o Policy 2.2 Capture Local Spending Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. Goal LU-3: Compatibility of Uses Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment Promote a clean, safe, and visitors. The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the improvements would preserve the character of the existing commercial area. The scale and massing of the new project is to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and Ordinance No.NS-XXXX Page 2 of groundcover, which would further help enhanced the viability of the commercial center, would create a harmonious environment, and would workers, and visitors. Goal EP-1: Job Creation and Retention Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the project wouldhelp create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment Promote a business friendly environment where businesses thrive and build on Santa o Policy 3.7 Facilitating Investment Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. F.The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materialsresultingfromthemeetingsweresubsequentlypostedtothe webpage for the project. G.On February 26,2024, the Planning Commission held a duly noticed public hearing and voted to recommend that the CityCouncil adopt an ordinance approving Amendment Application No. 2024-01. Ordinance No.NS-XXXX Page 3 of H.For the reasons contained herein, and each of them, Amendment Application No. 2024-01is hereby found and determined to be consistent withthe intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus,changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section2.The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section3.The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental QualityAct (CEQA) (Environmental Review No. 2023-16). Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project. The purpose of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the , the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, theApplicant shall retain a Native American Monitor. Ordinance No.NS-XXXX Page 4 of MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. -mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. Historic or Cultural Significance Two built environment resources over 45 years old were identifiedwithin the project site: 2101 and 2109 Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. Traffic Impacts The project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of theDriveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). As concluded by the Transportation Analysis, the addition of project traffic would not trigger either intersection. In addition, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive- through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project. for the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. As of this printing, no comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-16 will be filed for this Ordinance No.NS-XXXX Page 5 of project. Section4.TheCityCounciloftheCityofSantaAna,afterconductingthe public hearing, hereby approves Amendment Application No. 2024-01 changingthe zoning designation of the properties located at 2101 and 2109 E. Santa Clara Avenue (APN: 396-261-26 and396-261-38) from General Agricultural (A1) to Arterial Commercial (C5). This decision is basedupontheevidencesubmittedattheabovesaidhearing,which includes,butisnot limited to: TheRequest for Planning Commission Action dated February 26, 2024 andexhibitsattachedhereto;and the public testimony, written and oral, all of which are incorporated herein by this reference. Section5.An amended Sectional District Map, showing the above described changesinusedistrictdesignation,isherebyapprovedandattachedheretoasExhibitA, andincorporatedbythisreferenceasthoughfullysetforthherein. Section6.Ifany section,subsection,sentence,clause,phraseor portionof 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 7.Thisrdinance shall become effective thirty (30) days after its adoption. Section8.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 thisdayof ,2024. Valerie Amezcua Mayor APPROVEDASTOFORM: SoniaR.Carvalho City Attorney By: Laura A. Rossini Chief AssistantCityAttorney Ordinance No.NS-XXXX Page 6 of AYES:Councilmembers NOES:Councilmembers ABSTAIN:Councilmembers NOTPRESENT:Councilmembers CERTIFICATEOFATTESTATIONANDORIGINALITY I,Jennifer L. Hall,City Clerk, doherebyattesttoandcertifytheattachedOrdinanceNo.NS- XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on,2024and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana OrdinanceNo.NS-XXXX Page7of Exhibit A Ordinance No.NS-XXXX Page 8 of AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue 2101 E. Santa Clara Avenue 2109 E. Santa Clara Avenue Exhibit 5 Site Photos EXHIBIT 10 The McDonald’s at Santa Clara Avenue Project Initial Study and Mitigated Negative Declaration (IS/MND), Technical Appendices, and Response to Comments (RTC) and Mitigation Monitoring and Reporting Program (MMRP) may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or https://www.santa-ana.org/mcdonalds-drive-through-restaurant/ From:Michael Gregg To:Martin, Eric Subject:2101 Santa Clara Ave Sana Ana - McDonald"s - Community Meeting Notes Date:Thursday, April 28, 2022 12:02:53 PM Attachments:image002.png Good Morning Eric, Please find notes from the community meeting as well as a log of neighbors that have contacted us. Let me know if you have any questions or need anything else at this time. NameQuestionResponse I would like to let your team know the flier that was mailed out was awful, Neighborand it is very hard to read this meeting address and map.Noted. Mary Lou Babin-BranchHas the City approved the project?No, just submitted first application and plans a couple of weeks ago. Rhonda Hainwhat is he target opening date?Currently targeting 4th Quarter 2023 but contingent on completion entitlement and permit approvals. NeighborHas there been an EIR performed on the ingress/egress of this proposal?Technical studies for CEQA have not been started yet. Will you continue to notify the neighbors of updates to the proposed plans Neighborand changes?Yes, required to by the City's sunshine ordinance. Lobby is typically 6am – 11pm, Drive-thru is 24 hours. This is subject to change once the store is NeighborWhat will be the proposed hours of the restaurant?franchised. NeighborIs there a location that is closing in order to open this location?No, this is a new location. Rhonda Hainwill there be lighting for security in the lot?Yes, there will be adequate site lighting. NeighborDoes the CHP have any influence to locate in this location?No, parking for apartments is in-between CHP and our site. I may have missed this information but is McDonalds replacing Del Taco orDel Taco will remain, we are building new McDonald's adjacent to Del Taco where there is currently two Liz Meadeis it in another locationsvacant residential units. Liz MeadeSo it is on Santa Clara rather that Tustin?Correct. McDonald’s bases its development decisions on factors outside of the local competitors in the trade area. Do you think with In and Out and Chick-fil-A down the street andWe review the location itself, the population and income demographics of trade area where the new NeighborMcDonalds and compete?restaurant will be located at and the anticipated financial returns. What is McDonalds planning to bring to the community, as a communityThe new store will provide jobs and tax revenue to the City. Our Franchisees are heavily involved with the Mary Lou Babin-Branchpartner not as a business?community in through various charities and are always giving back to the community. Although the McDonald’s at 17th/Santiago is close by, based on our research, there are enough people With a McDonald’s being just 1.5 miles from this location (17th andliving in the area to allow us to open a new restaurant. In addition, the new restaurant will service NeighborSantiago) is it necessary to build this one so close to the other,customers that travel along Tustin Avenue which our restaurant on 17th is not servicing. Instead of looking at this new location, did you consider the corner ofThe southwest corner parcel is too small to accommodate our standard restaurant building when you NeighborTustin and Santa Clara (South West Corner)?also include the land area needed for our drive-thru lane. PersonContact InformationNotesAction Item Copy of presentation Mary Lou BranchEdmlbranch@netzero.comRequested copy of the presentation.sent. Copy of presentation sent. Held 30 minute phone call with Kim to answer questions. Would kim@plumfieldschool.com or 714-547-Requested copy of the presentation. Owns the daycare across thelike to see traffic study Kim Cardoba5771street. Supportive but wants to see the traffic study when complete.when it comes available. Liesa Rego Attended the community meeting.N/A Sean Y Attended the community meeting.N/A Rhonda Hain Attended the community meeting.N/A Liz Meade Attended the community meeting.N/A Had great phone call with her. Supportive of the Deborah Strunk714-568-1786Interested in moving homes as they may be historical.project. Mary Falcon714-454-6069Supportive of the project.Supportive of the project. Multiple attempts to Michelle Almazan714-925-5880Wasn’t able to get onto meeting.contact made. Emily Mandrup818-9195336Supportive of the project. Willing to come out and speak in favor.Supportive of the project. Patrica Creame Not supportive of the project. Sees traffic being the major issue.N/A Lance Regolancerego@yahoo.comVery supportive of the project.Supportive of the project. Michael Gregg Director of Construction and Entitlements DEVELOPING OUTSIDE THE BOX® 3161 Michelson Drive | Suite 100 Irvine, CA 92612 Phone 805-215-6453 michael.gregg@streamrealty.com www.streamrealty.com Stream Realty Partners Cordially Invites You to a Community Information Meeting: Location of Subject Property , April 21st at 5:15 p.m. Virtual Meeting https://msteams.link/IH1Z A new 3,975 square foot McDonald’s restaurant with a drive-through located at 2101 Santa Clara Avenue, Santa Ana. The development will include parking, trash enclosure, paving and landscaping for the associated restaurant. Access will be provided from Santa Clara Avenue, along with reciprocal access to the retail center adjacent via drive aisles on the north and east. Contact Applicant For Language Interpretation Services Michael Gregg ichael.Gregg@streamrealty.com 909.601.3337 Stream Realty Partners Cordialmente los invita a un Ubicación de Reunión de Información Comunitaria: Propiedad del sujeto , abril 21 en 5:15 p.m. Reunión virtual https://msteams.link/IH1Z Un nuevo restaurante McDonald’s de 3,975 pies cuadrados con un drive-through ubicado en Avenida Santa Clara 2101, Santa Ana. El desarrollo incluirá estacionamiento, cerramiento de basura, pavimentación y paisajismo para el restaurante asociado. El acceso se proporcionará desde Santa Clara Avenue, junto con el acceso recíproco al centro minorista adyacente a través de los pasillos de acceso al norte y al este. Póngase en contacto con el solicitante de servicios de interpretación de idiomas Michael Gregg ichael.Gregg@streamrealty.com 909.601.3337 SUBJECT SITE Tusfbn!Sfbmuz!Qbsuofst (SITIO DE ASUNTO) dpsejbmmz!jowjuft!zpv!up!b Dpnnvojuz!Jogpsnbujpo!Nffujoh/ Thursday, February 2nd 6:00 pm - 7:30 pm 3481!O/!Uvtujo!Bwf/-!Tvjuf!E-! Tboub!Bob-!DB!:3816!)Gpsnfs!Ljoh!Tvqfstupsf*! B!ofx!4-:86!trvbsf!gppu!NdEpobme“t!sftubvsbou!! xjui!b!esjwf.uispvhi!mpdbufe!bu 3212!Tboub!Dmbsb!Bwfovf-!Tboub!Bob-!DB Dpoubdu!bqqmjdbou!gps!mbohvbhf!joufsqsfubujpo!tfswjdft/ Uif!efwfmpqnfou!xjmm!jodmvef!qbsljoh-!usbti!fodmptvsf-!qbwjoh!boe! Donald Ellis mboetdbqjoh!gps!uif!bttpdjbufe!sftubvsbou/!Bddftt!xjmm!cf!qspwjefe!gspn! epobme/fmmjtAtusfbnsfbmuz/dpn Tboub!Dmbsb!Bwfovf-!bmpoh!xjui!sfdjqspdbm!bddftt!up!uif!sfubjm!dfoufs! :5:/767/8162 Mjd/!12987577 bekbdfou!wjb!esjwf!bjtmft!po!uif!opsui!boe!fbtu/ 4272!Njdifmtpo!Esjwf-!Tvjuf!211 Jswjof-!DB!:3723 SITIO DE ASUNTO Tusfbn!Sfbmuz!Qbsuofst!! dpsejbmnfouf!mpt!jowjub!b!vo! sfvojôo!ef!jogpsnbdjôo! dpnvojubsjb/ Jueves 2 de febrero 6:00 pm - 7:30 pm 3481!O/!Uvtujo!Bwf/-!Tvjuf!E-!! Tboub!Bob-!DB!:3816!)Boujhvp!Ljoh!Tvqfstupsf*! Vo!ovfwp!sftubvsbouf!NdEpobme“t!ef!4-:86!qjft! dvbesbept!dpo!vo!esjwf.uispvhi!vcjdbep!fo! Qôohbtf!fo!dpoubdup!dpo!fm!tpmjdjubouf!qbsb! 3212!Tboub!Dmbsb!Bwfovf-!Tboub!Bob-!DB mpt!tfswjdjpt!ef!joufsqsfubdjôo!ef!jejpnbt/ Fm!eftbsspmmp!jodmvjsâ!ftubdjpobnjfoup-!dfssbnjfoup!! Donald Ellis ef!cbtvsb-!qbwjnfoubdjôo!z!qbjtbkjtnp!qbsb!fm!sftubvsbouf! epobme/fmmjtAtusfbnsfbmuz/dpn btpdjbep/!Fm!bddftp!tf!qspqpsdjpobsâ!eftef!Tboub!Dmbsb! :5:/767/8162 Bwfovf-!kvoup!dpo!fm!bddftp!sfdîqspdp!bm!dfousp!! Mjd/!12987577 njopsjtub!bezbdfouf!b!usbwêt!ef!mpt!qbtjmmpt!ef!bddftp!! bm!opsuf!z!bm!ftuf/ NdEpobme“t!Efwfmpqnfou 321:!F!TBOUB!DMBSB!BWFOVF!}!TBOUB!BOB-!DB SITE PLAN )QMBO!EF!TJUJP* 224(!GSPN!UIF!GSPN UIF!PSEFS!QPJOU!UP UIF!FOE!PG!UIF ESJWF.UISPVHI MBOF UF 7 31(.3#!y 25(.22# TUBHJOH BSFB 258(!GSPN!UIF QJDL.VQ!XJOEPX!UP QSPQPTFE UIF!PSEFS SFDJQSPDBM QPJOU BDDFTT )5698 23 6 CJLF!SBDL N/P/N/P/ QSPQPTFE SFDJQSPDBM BDDFTT FOIBODFE!EFDPSBUJWF QBUJP QBWJOH-!UZQ/ : FOIBODFE ESJWFXBZ TJHIU.EJTUBODF. USJBOHMF!BSFB F!TBOUB!DMBSB!BWF NdEpobme“t!Efwfmpqnfou 321:!F!TBOUB!DMBSB!BWFOVF!}!TBOUB!BOB-!DB ELEVATIONS )FMFWBDJPOFT* FMFWBDJÔO!TVSFMFWBDJÔO!PFTUF FMFWBDJÔO!OPSUFFMFWBDJÔO!FTUF Planning and Building Agency Meeting Date Display Item # 2 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report February 26, 2024 Topic: AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue RECOMMENDED ACTION 1.Recommend that the City Council adopt an ordinance approving Amendment Application (Zone Change) No. 2024-01; 2.Adopt a resolution approving Conditional Use Permit No. 2024-01 as conditioned to allow drive through window service; and 3.Adopt a resolution approving Conditional Use Permit No. 2024-02 as conditioned to allow after-hours operations within 150 feet of residentially zoned and used property. EXECUTIVE SUMMARY Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner), is requesting approval of Conditional Use Permit Nos. 2024-01 and 2024-02, as well as Amendment Application (Zone Change) No. 2024-01, to facilitate construction of a fast food eating establishment (McDonald’s) at 2101 and 2109 E. Santa Clara Avenue. The applicant is requesting the two CUPs pursuant to Section 41-365.5 (e) and (f), and Section 41-377.5 (a) of the Santa Ana Municipal Code (SAMC), to allow a restaurant with drive-through window service and to allow the drive-through to operate after-hours (24-hours). Staff is recommending approval of the entitlements as the proposed project will enhance underutilized lots and provide additional services to residents, workers, and visitors in the area. Moreover, the project complies with the General Plan goals and policies as it seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe, and creative environment. Lastly, the project will not negatively impact the surrounding community as the project has been designed to minimize impacts to the nearby sensitive land uses. DISCUSSION Project Description AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 2 Table 1: Project and Location Information ItemInformation Project Address and Council Ward 2101 and 2109 E. Santa Clara Avenue – Ward 3 Nearest IntersectionNorth Tustin Avenue and East Santa Clara Avenue General Plan Designation General Commercial (GC) – No change Existing Zoning DesignationGeneral Agricultural (A1) Proposed Zoning DesignationArterial Commercial (C5) NorthCommercial center EastDrive-through restaurant Surrounding Land Uses SouthMulti-family residential (Woodlyn North Condominiums), preschool/kindergarten, commercial center WestCalifornia Highway Patrol station and parking for Horizon Apartments multi-family residential community Property Size0.81-acres (35,400 square feet) The subject sites contain two one-story, single-family Existing Site Developmentresidences approximately 2,530 and 3,904 square feet in size, with associated accessory structures. Existing Site UsesSingle-family residences (2) Proposed Building Size3,975 square feet Use PermissionsAllowed with an amendment application (zone change) and conditional use permit (CUP). Zoning Code Sections AffectedUsesSAMC Section 41-424.5 Operational StandardsSAMC Section 41-425-428 The applicant is proposing to demolish two residential structures and associated improvements on two legal lots (2101 and 2109 E. Santa Clara Avenue), including the associated pool, asphalt concrete paving, and vegetation, in order to construct a new 3,975-square-foot fast food establishment for McDonald’s with 24-hour drive-through operations. The site is currently zoned as General Agricultural (A1), and the proposed project includes an amendment application (zone change) to change the zoning classification to Arterial Commercial (C5) in order to allow the proposed eating establishment and drive-through operations. The eating establishment is proposed to be integrated within an existing commercial center and would maintain reciprocal access. The establishment would be accessible via three existing vehicle driveway approaches, two along Tustin Avenue and the third along Santa Clara Avenue, with no new driveway/entries proposed as part the project. However, the primary vehicular ingress and egress points and the proposed parking lot would primarily be accessible from the existing driveway along Santa Clara Avenue. The drive-through would be accessible from the existing driveway along Tustin Avenue, and vehicles would travel west/southwest along the proposed drive-through. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 3 As proposed, the establishment would include a dual drive-through lane, limited to the ordering/menu board area and a bypass lane near the pick-up window. The two drive- through lanes will be available for ordering, which will then merge into a single drive-through lane for pick-up window services. The bypass lane will allow vehicles that have already received their meals to bypass any queued vehicles and ultimately exit via a proposed new driveway along Santa Clara Avenue. Each lane is proposed to have vehicular stacking lanes exceeding the minimum required eighty feet from the center of the pick-up window and eighty feet from the order point. The applicant proposes various off-site and on-site improvements that include improvements to the public right-of-way (i.e., sidewalks, curbs, street lighting, and access drives), extensive landscaping (perimeter and parking lot), enhanced paving at the two driveway entries, a parking lot with 32 parking stalls, a decorative trash enclosure, and parking lot fixtures. Work would also include the removal of the western most driveway along Santa Clara and replace it with sidewalk, and rebuild the eastern most existing driveway located along Santa Clara Avenue. The proposed eating establishment would include fast- food operations, such as indoor food preparation, cooking, indoor and outdoor eating areas, and restrooms. It will include approximately 802 square feet of dining area with seating for over 30 guests. The proposed hours of operation include 24 hours for drive-through use, 7 days a week, and between 5 a.m. to 1 a.m. for indoor dining use, 7 days a week. The building is designed in a California contemporary architectural style with a neutral/dark color palette and tones along the outer facades, which would involve materials such as plaster/stucco, aluminum, and metals. The site would provide approximately 8,604 square feet of landscaping throughout the site and the proposed plant palette would consist of a high quality plant materials including trees, shrubs, vines, grasses, and groundcover. The proposed planter areas would be constructed along the northern, western, and southern site perimeters and would provide decorative screening and a buffer between the eating establishment and the adjacent, off-site land uses, in addition to being placed centrally within the proposed surface parking lot and adjacent to the proposed drive-through. Table 2 below provides a detailed comparison of the project’s compliance with the applicable land use and development standards. Table 2: Development Standards Required by General StandardProvided Commercial (C5) Zone Front yard 15 feet minimumComplies: 15 feet Side yard (interior)0 feet minimumComplies; 29-125 feet Rear yard0 feet minimumComplies; 39 feet Lot Size & 15,000 sq. ft. and 120 feetComplies; 35,400 sq. ft. and 200 ft. Frontage Building height35 feet maximumComplies; 23 feet AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 4 Required by General StandardProvided Commercial (C5) Zone 32 spaces minimum (8 spaces ParkingComplies; 32 spaces per 1,000 sq. ft. restaurant) Floor Area Ratio 0.50 FAR maximumComplies; 0.11 FAR (F.A.R.) Complies; 113 feet from the order point/ 160 feet; 80 feet to menu board menu board to beginning of drive-through Stacking Distance and 80 feet to pick-up window lane, 147 feet from pick-up window/pay window to the menu board Project Background The earliest aerial imagery from 1938 shows that the subject properties appeared to be first developed as an orchard. No buildings or structures were present on site at this time and most of the surrounding area was used for orchards, with some houses and agricultural buildings in the vicinity. The single-family residence addressed as 2101 E. Santa Clara Avenue was constructed at an unknown date and moved to the site in 1967. In 1967, a permit was issued to relocate the home within the site and build a new garage approximately 660 square feet in size. The single-family residence addressed as 2109 E. Santa Clara Avenue was constructed circa 1957 and included the main house and garage. The house remained surrounded by orchard trees, as well as most of the surrounding properties in the area. The rest of the now-commercial shopping center remained undeveloped until 1972. Today, the two subject properties are legal non- conforming, as they do not meet most of the development standards for the underlying zone and were constructed prior to 1960. Based on permit and title records, both 2101 and 2109 E. Santa Clara Avenue were owned by the Newcomb family until they were sold to SRP Stater Bros, LLC in February 2021. In April 2022, Development Project (DP) Review application (No. 2022-06) was submitted for review and consideration by the City’s Development Review Committee (DRC). The applicant revised the project following the first community meeting in late April 2022, and subsequently resubmitted the DP application in December 2022. Thereafter, several site plan changes and project submittals were made to the City following the second community meeting in February 2023. In March 2023, the property owners submitted a voluntary lot merger application (No. 2023-02) to consolidate 2101 and 2109 E. Santa Clara Avenue into a single legal lot. The lot merger application was executed and recorded in June 2023. Before the DP application could be deemed complete, the project underwent several months of environmental review which concluded in late December 2023. Subsequently, the DP application was deemed complete on December 13, 2023, and the required entitlement applications were submitted January 8, 2024. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 5 Project Analysis Amendment Application The subject site is zoned General Agricultural (A1). The allowable land uses and development standards pertaining to the A1 zoning district would render the project infeasible, as eating establishments are prohibited by the A1 zoning district. Approval of an amendment application to change the zoning district to Arterial Commercial (C5) is required for the project. The proposed zone change intends to align the subject site with the existing shopping center development to the north and east, and intends to align with the commercial corridor along Tustin Avenue, which is largely zoned C5. Moreover, the proposed C5 zoning district designation is also consistent with the new General Commercial (GC) General Plan Land Use Element designation for the site that resulted from the April 2022 General Plan Update. This land use designation encourages developments that provide highly visible and accessible shopping opportunities along arterial corridors and supports the development and continued operation of recreational, cultural, entertainment, employment, and educational opportunities near established residential neighborhoods. The proposed project has been designed as a single-story McDonald’s building with a maximum height of 23 feet to the top of the parapet. In designing the proposed development, consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Conditional Use Permit for Drive-Through Window Service Although eating establishments are permitted by-right in the C5 zoning district, eating establishment with drive-through window service and after-hours operations between 12:00 a.m. and 5:00 a.m. require approval of a conditional use permit (CUP) by the Planning Commission. The zoning district designation of C5 enables the applicant to submit the required CUP applications for consideration by the Planning Commission to conditionally permit the proposed drive-through and 24-hour operations. Pursuant to Section 41-424.5 (e) of the SAMC, eating establishments with drive-through service require approval of a CUP. The applicant’s request for a CUP to allow drive-through window service will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. In addition, the proposed McDonald’s will generate new and permanent employment opportunities in favor of the economic growth and stability of the City, activate a previously underutilized area, and generate property and sales tax revenue for the City. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 6 The project would be required to meet all development standards and would apply for ministerial permits through the City, including a demolition permit, landscape permit, grading permit, building permits and occupancy permits. With approval of the zone change and CUP, the proposed project would be consistent with the Santa Ana Municipal Code (SAMC). In addition, the project is located within an area characterized primarily by retail and commercial uses. Therefore, the project would be consistent with the C5 zoning district, would not conflict with the SAMC, and would be consistent with the GC land use designation. The proposed drive-through was designed and intended to generate the least amount of community impacts as possible. An analysis of the site access and site circulation determined that the proposed site plan provides adequate spaces for vehicles to maneuver through the project site and drive-through. In addition, a drive-through evaluation was provided which was intended to determine if the proposed circulation plan provides adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demands. The analysis determined that the dual drive-through lanes exceed the City’s stacking requirements and will allow for a storage capacity of approximately 16 cars, which is sufficient capacity to accommodate average and peak vehicle demands for the proposed project without disrupting drive aisles or on-site parking spaces. As designed, the proposed building will implement many of the current McDonald’s restaurant design improvements. McDonald’s restaurants are designed to optimize operations, drive-through lane configurations, parking, and on-site circulation. To reduce the vehicle drive-through wait time, McDonald’s has developed equipment and procedures to improve cook times and crew efficiency. These improvements include dual order boards (or a side-by-side drive-through) that enables customers to place orders earlier. The side-by- side drive-through allows two cars to stack next to each other which allows the kitchen more cook time to prepare the food to have it ready by the time the customer gets to the pickup window. Since the proposed McDonald’s provides a drive-through storage capacity of 16 vehicles, the proposed drive-through lane will accommodate the reference average queue length of 5 to 11 vehicles. At no time does the existing or reference peak queue exceed a maximum of 15 vehicles. The drive-through queuing analysis demonstrates that the maximum vehicle queue of 16 vehicles can be accommodated within the drive-through. The site plan provides adequate drive-through storage capacity to serve the average queue length of 5 to 11 vehicles within the drive-through lane. During peak drive-through demands, the site plan can accommodate a total of 16 vehicles within the drive-through. Therefore, peak queuing can be accommodated within the drive-through as designed, and vehicles queuing in the drive-through will have adequate space to queue within the project and will not enter onto East Santa Clara Avenue. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 7 The drive-through operation is also designed to generate minimal noise impacts as the speaker boards are located towards the rear of the site (north elevation), away from the closest residential units, and are oriented towards the existing shopping center. Any potential noise generated from the idling of vehicles or the drive-through speakers is not anticipated to impact the closest residential uses as they are approximately 250 feet away to the south. The site has been designed to include a large landscape area which will help buffer light and noise impacts to the residential uses. Moreover, the site design will include 24-inch box trees and large shrubs planted along the southern property line to create a visual buffer between the drive-through lanes. Conditional Use Permit for After-Hours Service Pursuant to Section 41-424.5 (j) of the SAMC, eating establishments located within 150 feet of properties zoned or used for residential purposes that wish to operate between the hours of 12:00 a.m. and 5:00 a.m. require approval of a separate CUP. The purpose of regulating after-hours operations is to preserve the surrounding community characteristics and minimize any negative secondary impacts. Staff has reviewed the applicant’s request to operate the McDonald’s eating establishment and drive-through window service 24-hours per day and has determined that the operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The property to the west/northwest of the project site, addressed as 2414 N. Tustin Avenue, is currently used for residential purposes and known as the Horizon Apartments. Although the apartment complex is within 150 feet of the subject property, as measured from property lines, the nearest residential unit would be located over 200 feet from the northwest corner of the subject property, and over 240 feet from the new building and drive-through operations. The area immediately west of the project site is currently used for site access (i.e., driveway entrance, drive aisles, etc.) and covered and uncovered parking stalls. The nearest residential unit would be located over 360 feet from the public right-of-way along East Santa Clara Avenue to the south. A second residential community known as the Woodlyn North Condominiums is located to the south of the project site. Built in 1963, the community has 25 buildings containing a total of 87 condominiums. The community is within 150 feet of the subject property, as measured from property lines. However, only one condominium building would be located within the 150 feet, and that one building would be located over 120 feet from the proposed drive-through lane and over 140 feet from the new building. In staff’s analysis, the 24-hour operations would not generate additional community impacts and would have minimal to no impacts to the adjacent residences as it relates to lighting. This is due to the location of the proposed building and drive-through and the separation distance to existing residential units as described above. Specifically, the project site is in an area that is already subject to significant ambient lighting (e.g., exterior building lights, AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 8 parking lot pole lights, interior building lights, streetlights, etc.) from the existing commercial/retail uses surrounding the site. The proposed project would involve new streetlights and additional exterior and interior building lighting associated with the operation of the proposed McDonald’s. However, all lighting would be subject to the City’s design guidelines, which outlines lighting standards for commercial projects and includes direction on minimizing glare onto adjoining properties. Moreover, all on-site lighting would be shielded and directed to minimize light intrusion onto the adjacent properties. The lighting levels for the site would not be altered and would be consistent with the ambient and night- time lighting at the commercial uses surrounding the site. Lastly, the site plan has been designed so that vehicle headlights would not create lighting concerns to the residential units to the south. Specifically, the building and drive-through have been offset so that the pick- up window is not aligned directly with any residential windows. In addition, the project will incorporate a landscape buffer with various mature landscaping (shrubs, trees, and groundcover) along Santa Clara Avenue. Staff is recommending a condition of approval that the mature landscaping be evergreen, be required to be maintained throughout the lifetime of the CUP, that it be maintained healthy, and that any unhealthy or dead plants be required to be removed and replaced in-kind. The 24-hour drive-through operations would also have minimal to no impacts to the adjacent residences as it relates to noise. The overall operations would not generate noise levels above the maximum acceptable noise levels outlined in the City’s Noise Ordinance, as shown in Table 3 below. The daily operation of the proposed eating establishment has the potential to result in an increased ambient noise level in the immediate vicinity of the proposed site through the addition of stationary sources of noise as well as vehicular trips associated with the project. These stationary sources of noise include HVAC equipment, landscape maintenance equipment, parking lot activities, trash collection activities, and restaurant drive-through speakers. Noise associated with the parking lot activities consists of vehicle engines, door slams, engine starts, and people talking. However, the stationary sources during the times of 1:00 a.m. and 5:00 a.m. would be limited to just the drive-through operations as the indoor dining area would be closed during this time. These noise sources include the drive-through window and a menu board with an amplified speaker, in addition to non-amplified speech. Table 3: City Of Santa Ana Noise Ordinance Standards Noise Level dBA Time Period ExteriorInteriorCompliance 7:00 a.m. – 10:00 p.m.5555Complies (max 55dBA) 10:00 p.m. – 7:00 am5045Complies (max 45dBa) dBA: A-weighted decibels *Applicable to property within a designated Noise Zone 1. The entire City of Santa Ana is designed as Noise Zone 1 per Sec. 18- 311 of the Municipal Code. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 9 The noise associated with the proposed project’s drive-through operations were evaluated as part of the environmental document prepared (i.e., Initial Study Mitigated Negative Declaration). The document concluded that the noise levels associated with the parking lot, drive-through window, and menu board were below the City’s noise limits for nearby land uses. Nevertheless, to ensure that the 24-hour operations are not detrimental to the health, safety, or general welfare, staff is recommending conditions of approval that would help ensure that the operations would not generate noise impacts or that would help reduce the impacts to negligible conditions. These conditions of approval include maintaining a landscape buffer along the southern and western property lines, and ensuring that the project complies with the City’s Noise Ordinance at all times. As described above, the landscaping would be required to be mature and evergreen, be required to be maintained throughout the lifetime of the CUP, and be maintained healthy. Police Department Analysis The Police Department reviews conditional use permit applications for after-hours operations in order to ensure that potential crime or nuisance behaviors associated with such a use are mitigated to the greatest extent possible. For after-hours operations, the Police Department analyzes the crime rate in the area by matching the location of the subject site’s census tract to the corresponding Police Grid. The City of Santa Ana contains up to 102 police reporting grids. The Police Department generates an annual report, the Citywide Incident Ranking report, which ranks these reporting grids based on police activity. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by the State Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department would consider this information in making its recommendation. Table 4: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation st Police Grid No. and Police Grid No. 242; ranked 82 out of 102 Police Reporting Grids (81 Rankpercentile). Threshold for High This reporting district is below the 20 percent threshold established by Crimethe State for high crime. As part of the review approval process, this application was analyzed by the Santa Ana Police Department. Based on the Police Department’s Police Department most recent Citywide Incident Ranking Report, the Police Department Recommendationhas no issues of concern regarding the activity in that area, due to no significant events occurring. Therefore, the Police Department does not oppose the granting of a CUP for 24-hour operations. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 10 The Police Department reviewed Police related activity (i.e., calls for service and reported incidents) within 500-feet of each separate parcel (2101 and 2109 E. Santa Clara Avenue) for the last year, which include both residential and commercial areas. The Police Department found that the subject sites have received 305 calls for service within 500- feet of 2101 E. Santa Clara Avenue and 379 calls for service within 500-feet of 2109 E. Santa Clara Avenue. These calls of service include, but are not limited to, traffic hazards, petty theft, burglaries, transient activities, assaults, or municipal code violations. Reported incidents include, but are not limited to, domestic violence, collisions, traffic related, animal related, or missing person. Of these types of incidents, fifty-six (56) were reported within 500-feet of 2101 E. Santa Clara Avenue and sixty-nine (69) incidents were reported within 500-feet of 2109 E. Santa Clara Avenue. While the reported activities were nearby the project site, the Police Department does not believe that it should reflect negatively on the proposed restaurant or after-hours drive-through activity. Furthermore, the Police Department contends that the operational standards applicable to after-hours and drive- through activity will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of the CUPs. Traffic/Vehicle Safety The Police Department also provided a Collision Summary Report for the Tustin and Santa Clara Avenue intersection, which reported vehicle and pedestrian collisions from January 1, 2017, through January 1, 2024. The report summarized that during that time there was 67 collisions, of which 37 included injury collisions, with 61 individuals reported as injured. The reporting included collision types such as, broadside, vehicle-pedestrian, sideswipe, rear-end, and head-on collisions. Moreover, during January 1, 2023 and January 31, 2024, there were 19 calls for service for collisions, one call for service that “traffic related,” four drunk driver calls, and 7 hit-and-run collision calls for services, all within 500-feet of the properties. The reported incidents within 500-feet for the same period (January 1, 2023 and January 31, 2024) included six hit-and-run collisions and six collision incidents reported. General Plan Consistency The General Plan Update (GPU) was adopted in April 2022, after a seven-year effort of extensive community participation. Engagement efforts and interactions with the community included over 60 community meetings and workshops, online surveys, direct mailers to property owners and tenants, and multiple study sessions. Moreover, they included one-on-one meetings with the Planning Commission and City Council, which allowed for an informed and inclusive decision-making process. These efforts resulted in the crafting of the land use plan within the Land Use Element that reflects the community’s visions for Santa Ana’s growth and development citywide. The updated Land Use AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 11 Element of the General Plan reflects and sets the community’s land use and development policies and a vision for future development of the City. Prior to the GPU, the subject properties had a split land use designation of Institutional (INS) and General Commercial (GC). As a result of the GPU, the land use designation for the properties were updated to fully be GC, consistent with the adjacent commercial center properties. However, the GPU did result in a zoning inconsistency, as the properties were still zoned General Agricultural (A1), which does not allow for eating establishments. To address this inconsistency, the overall project includes an amendment application to change the zoning district to Arterial Commercial (C5) is required for the project. The approval of the proposed project will be consistent with the General Plan land use designation of General Commercial (GC). The project would provide an added amenity to the existing commercial shopping center and would promote a land use that enhances the City’s economic fiscal viability and mitigates any potential impacts to the surrounding community. The after-hours operations will contribute to the viability of the site creating a business environment that is safe and attractive. Moreover, the project has been designed to be consistent with several goals and policies of the General Plan as discussed below. Goal LU-2: Land Use Needs – Provide a balance of land uses that meet Santa ’s diverse needs o Policy 2.2 Capture Local Spending – Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment – Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator – Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the proposed project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 12 Goal LU-3: Compatibility of Uses – Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development – Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment – Promote a clean, safe, and creative environment for Santa Ana’s residents, workers, and visitors. The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the proposed improvements would preserve the character of the existing commercial area. The scale and massing of the new project is proposed to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover, which would further help enhanced the viability of the commercial center, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana’s residents, workers, and visitors. Goal EP-1: Job Creation and Retention – Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business – Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the proposed improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the proposed project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment – Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. o Policy 3.7 Facilitating Investment – Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use – Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a new eating establishment that would provide services to the community. Moreover, the project AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 13 would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 12. In addition to these measures, representatives of the Portola Park, Mabury Park, Meredith Parkwood, Fairbridge Square, and Young Square Neighborhood Associations were contacted to identify any areas of concern due to the proposed request. At the time this report was printed, over 52 written comments were received, both in favor and opposition of the project. In addition, over 350 support cards were received for the project. The comments in opposition raised issues/concerns related to increased traffic and congestion, transient activities, safety concerns, property values, and quality of life. Sunshine Ordinance Consistency In addition to the above noticing, the project was subject to the City’s Sunshine Ordinance (Ordinance No. NS-3040) requiring two meetings to facilitate early public participation. The first community meeting was held April 21, 2022. Twelve members of the community attended and posed questions relating to hours of operation, on-site traffic circulation, and site lighting. The second community meeting was held February 2, 2023, during which over 25 members of the community attended and posed questions related to increased traffic concerns along Santa Clara Avenue, status of traffic study, status of the existing single-family homes and proposed relocation/demolition, hours of operations, entitlement timeline and process, on-site traffic circulation, and traffic collision concerns along Santa Clara Avenue. Materials from the two required community meetings are included with this report as Exhibit 11, and all materials were published to the project’s webpage on the City’s website at www.santa-ana.org/mcdonalds-drive-through- restaurant/. ENVIRONMENTAL IMPACT Pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project and has been attached to this report as Exhibit 10. The purpose AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 14 of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the project’s construction and operation. Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor. MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. The IS/MND’s analysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. The final Mitigation AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 15 and Monitoring and Reporting Program (MMRP) can be found as part of the overall environmental documents provided in Exhibit 10. Historic or Cultural Significance Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 East Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. Traffic Impacts A Transportation Analysis was prepared for the proposed project by Urban Crossroads, dated August 16, 2023. The findings of the analysis were summarized in Section 4.17 (Transportation) of the IS/MND, and the Transportation Analysis in its entirety is included as Appendix K to the Draft IS/MND. The Transportation Analysis included a Level of Service (LOS) analysis, which is a qualitative description of traffic flow based on several factors including speed, travel time, delay, and freedom to maneuver. Moreover, the project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Lastly, a Vehicles Miles Traveled (VMT) Screening Evaluation was prepared by Urban Crossroads, dated December 11, 2023 and included as Appendix L to the Draft IS/MND. The Transportation Analysis addressed traffic conditions for multiple different scenarios, including existing (2022) baseline conditions, existing with Project conditions, opening year (2023) cumulative without Project conditions, opening year cumulative with Project conditions, horizon year without Project conditions (2040), and horizon year with Project conditions. A queuing analysis was performed for the left turning movements at the intersection of Tustin Avenue and Santa Clara Avenue to assess vehicle queues along the roadways and prevent dangerous intersections. In summary, the intersection left turning movements currently experience and are anticipated to experience acceptable queuing during the peak hours based on the 95th percentile peak hour traffic flows for AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 16 each of the scenarios proposed above. The queuing analysis findings are presented in Appendix K to the Draft IS/MND. As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa Ana’s significance criteria, and no traffic signal is warranted for either intersection, intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). Moreover, the Transportation Analysis performed a drive- through analysis to determine if the proposed circulation plan provided adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project. In 2013, the State of California signed into law Senate Bill 743 (SB 743), which changes how transportation impacts are analyzed under the California Environmental Quality Act (CEQA) in order to help reduce transportation impacts. Specifically, in an effort to reduce greenhouse gas impacts and create long-term sustainability, SB 743 changed the standard for evaluating transportation impacts under CEQA from a LOS standard to Vehicle Miles Traveled (“VMT”) standard. This statewide mandate went into effect July 1, 2020. In 2019, the City of Santa Ana adopted Traffic Impact Study Guidelines (dated September 2019), which states that several types of projects can be screened out from a VMT assessment using identified criteria, indicating that these projects have the potential to reduce VMT per service population and result in a less-than-significant transportation impacts. The City’s Guidelines list standardized screening methods for project level VMT analysis that can be used to identify when a proposed land use development project is anticipated to result in a less than significant impact thereby eliminating the need to conduct a full VMT analysis. The City of Santa Ana VMT screening types, as described within the City Guidelines, are listed below: Transit Priority Area (TPA) Screening Low VMT Area Screening Project Type Screening A land use project need only to meet one of the above screening thresholds to result in a less than significant impact. Pursuant to the VMT Screening Evaluation prepared by Urban Crossroads, the project did not meet the threshold for TPA or Low VMT screening. However, the project was found to meet the Project Type screening criteria. Pursuant to the City of Santa Ana Traffic Impact Study Guidelines (dated September 2019), local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. The proposed project AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 17 would develop a drive-through quick serve restaurant of 3,975 square feet, which is below the 50,000 square feet project type screening threshold as identified. Therefore, the project is presumed to result in a less than significant impact for VMT, and thus no further VMT analysis was required and no mitigation measures were required. Lastly, the VMT Screening Evaluation was thoroughly peer reviewed by the City’s Traffic Engineer and the City’s CEQA consultant, both which concluded that the VMT Screening Evaluation prepared for the project shows the project is screened out from any full VMT analysis. Overall, the project would incorporate all recommendations provided by the Transportation Analysis. These include that the project maintain existing traffic controls and configuration at project driveways, and that on-site traffic signing and striping should be implemented agreeable with the provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and in conjunction with detailed construction plans for the project site. Additionally, the applicant’s responsibility for the project’s contributions towards deficient off-site intersections is fulfilled through payment into pre-existing fee programs that would be assigned to the future construction of any future local/regional improvement needs (e.g., payment of fair share and/or fees for the applicable pre-existing fee programs/permit impact fees). With incorporation of all recommendations provided by the Transportation Analysis, the project would not substantially increase traffic hazards or congestion. Nonetheless, the applicant has expressed a willingness to install additional traffic safety enhancements as requested by the City to ensure that traffic circulation patterns are not further impacted or worsened, and ensure that the proposed operations will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. Public Review Process The IS/MND’s Notice of Intent (NOI) was posted to the County Clerk on January 12, 2024, for the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. A total of five comment letters from one agency and four individuals were received during and immediately after the public review period. The City has reviewed all comments to determine whether any substantial new environmental issues have been raised. Moreover, the City has provided responses to all written comments, which can be found in the Responses to Comments (RTC) and MMRP document. Based on the evaluation in the IS/MND together with the comments received, the City has determined that no substantial new environmental issues have been raised that have not been adequately addressed in the IS/MND and/or in this RTC and MMRP document. All potential impacts AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 for McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue February 26, 2024 Page 18 associated with the project were found to be less than significant with incorporation of identified mitigation measures, where applicable. Therefore, the project would not result in any significant impacts and an IS/MND is the appropriate environmental document for the project in accordance with CEQA and the State CEQA Guidelines. The City’s final RTC and MMRP document is provided in Exhibit 10. As of this printing, no additional comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-16 will be filed for this project. ECONOMIC AND FISCAL IMPACTS Jobs that would be created during construction would be short-term and would be typically filled by existing residents of the region. The project would include a maximum of twelve permanent employees working approximately three shifts per day, which would result in a maximum of 36 employees per day. As with the temporary construction workers, long- term operation employees are anticipated to be filled by existing residents of the region. There is no fiscal impact associated with this action. EXHIBIT(S) 1.Amendment Application Ordinance 2.Conditional Use Permit Resolution – Drive-Through Facility 3.Conditional Use Permit Resolution – After-Hours Operations 4.Vicinity Zoning and Aerial Map 5.Site Photos 6.Project Site Plan 7.Project Floor and Roof Plan 8.Preliminary Landscape Plan 9.Project Elevations 10.Initial Study Mitigated Negative Declaration (IS/MND) 11.Sunshine Ordinance Meetings Documents 12.Copy of Public Notices Submitted By: Pedro Gomez, AICP, Senior Planner Approved By: Minh Thai, Executive Director, Planning and Building Agency ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2024-01 AMENDING THE ZONING FOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE (APN: 396-261-26 AND 396-261-38) FROM GENERAL AGRICULTURAL (A1) TO ARTERIAL COMMERCIAL (C5) 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. Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner) is requesting approval of Amendment Application (AA) No. 2024-01 to change the zoning designation of the properties located at 2101 and 2109 E. Santa Clara Avenue (APN: 396-261-26 AND 396-261-38) from General Agricultural (A1) to Arterial Commercial (C5) in order to facilitate the eating establishment with a drive-through and 24-hour operations. B. Chapter 41, Article I, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes that because of the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land; and regulating the location, height, bulk and size of buildings and structures, the size of yards and open spaces, the City is divided into land-use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement. The regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City. The City of Santa Ana has adopted a zoning map which has since been amended from time to time. C. On April 19, 2022, the City adopted the General Plan Update, which went into effect on May 26, 2022. The General Plan designation for this property is General Commercial (GC). D. The entire project as currently proposed entails a request for approval of Conditional Use Permit No. 2024-01 and 2024-02, to allow a restaurant with drive-through window service and to allow the drive-through to operate after-hours (24-hours). Ordinance No. NS-XXXX Page 1 of 9 E. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of Amendment Application No. 2024-01 is consistent with the General Plan, including, but not limited to, the General Plan Designation of General Commercial as well its goals and policies, as follows: Goal LU-2: Land Use Needs Provide a balance of land uses that o Policy 2.2 Capture Local Spending Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. Goal LU-3: Compatibility of Uses Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment Promote a clean, safe, and visitors. The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the improvements would preserve the character of the existing commercial area. The scale and massing of the new project is to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and Ordinance No. NS-XXXX Page 2 of 9 groundcover, which would further help enhanced the viability of the commercial center, would create a harmonious environment, and would workers, and visitors. Goal EP-1: Job Creation and Retention Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment Promote a business friendly environment where businesses thrive and build on Santa o Policy 3.7 Facilitating Investment Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. F. The Applicant has demonstrated compliance with all requirements of the Sunshine Ordinance codified at Santa Ana Municipal Code Section 2-153, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the webpage for the project. G. On February 26, 2024, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2024-01. Ordinance No. NS-XXXX Page 3 of 9 H. For the reasons contained herein, and each of them, Amendment Application No. 2024-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The Amendment Application consists of amendments to the Zoning Map, as shown in Exhibit A, attached hereto and incorporated herein by reference. Section 3. The City Council has reviewed and considered the information contained in the analysis performed pursuant to the California Environmental Quality Act (CEQA) (Environmental Review No. 2023-16). Pursuant to the requirements of the CEQA, as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project. The purpose of the IS/MND is to describe the proposed project and to provide an evaluation of potential environmental impacts associated with the environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant Ordinance No. NS-XXXX Page 4 of 9 shall retain a Native American Monitor. MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. ysis determined that the above-mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. Historic or Cultural Significance Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. Traffic Impacts The project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). As concluded by the Transportation Analysis, the addition of project traffic would not either intersection. In addition, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive- through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project. ty Clerk on January 12, 2024, for the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. As of this printing, no comments or communications from the public have been received on the IS/MND. Based on this Ordinance No. NS-XXXX Page 5 of 9 analysis, a Notice of Exemption, Environmental Review No. 2023-16 will be filed for this project. Section4.TheCityCounciloftheCityofSantaAna,afterconductingthe public hearing, hereby approves Amendment Application No. 2024-01 changingthe zoning designation of the properties located at 2101 and 2109 E. Santa Clara Avenue (APN: 396-261-26 and396-261-38) from General Agricultural (A1) to Arterial Commercial (C5). This decision is basedupontheevidencesubmittedattheabovesaidhearing,which includes,butisnot limited to: the Request for Planning Commission Action dated February 26, 2024 andexhibitsattachedhereto;and the public testimony, written and oral, all of which are incorporated herein by this reference. Section5.An amended Sectional District Map, showing the above described changesinusedistrictdesignation,isherebyapprovedandattachedheretoasExhibitA, andincorporatedbythisreferenceasthoughfullysetforthherein. Section6.Ifany section,subsection,sentence,clause,phraseor portionof 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. Section7.This Ordinance shall become effective thirty (30) days after its adoption. Section8.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 thisdayof ,2024. Valerie Amezcua Mayor APPROVEDASTOFORM: SoniaR.Carvalho City Attorney By: Laura A. Rossini Chief AssistantCityAttorney Ordinance No.NS-XXXX Page6of9 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, 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 , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: City Clerk City of Santa Ana Ordinance No. NS-XXXX Page 7 of 9 Exhibit A Ordinance No. NS-XXXX Page 8 of 9 ! RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-01 AS CONDITIONED TO ALLOW A DRIVE-THROUGH FACILITY FOR THE PROPERTIES LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE, COLLECTIVELY KNOWN AS 2101 E. SANTA CLARA AVENUE (APN: 396-261-26 AND 396-261-38) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner) is requesting approval of Conditional Use Permit (CUP) No. 2024-01 to allow drive-through window service for an eating establishment in the Arterial Commercial (C5) zoning district at 2101 and 2109 E. Santa Clara Avenue, collectively known as 2101 E. Santa Clara Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires approval of a CUP for eating establishments with drive-through window service. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. D. On February 26, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-01. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant CUP No. 2024-01, for drive-through window service, have been established as required by SAMC Section 41-638. 1. That the proposed use will provide a service or facility, which will contribute to the general wellbeing of the neighborhood or community. The eating establishment with drive-through window service will provide a service to persons that are working or residing in the area. The project will redevelop underutilized lots with a new eating establishment with a contemporary design that includes neutral/dark color palette and tones along the outer facades, which would involve materials such as plaster/stucco, aluminum, and Resolution No. 2024-XXX Page 1 of 11 metals. The project will include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover. Landscaped planter areas will be constructed along the northern, western, and southern site perimeter and would provide decorative screening and a buffer between the proposed uses and the adjacent uses, in addition to being placed centrally within the surface parking lot and adjacent to the drive-through. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The drive- through was designed and intended to generate the least amount of community impacts as possible. An analysis of the site access and site circulation determined that the site plan provides adequate spaces for vehicles to maneuver through the project site and drive- through. In addition, a drive-through evaluation was provided which was intended to determine if the circulation plan provides adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demands. The analysis determined that the dual drive- will allow for a storage capacity of approximately 16 cars, which is sufficient capacity to accommodate average and peak vehicle demands for the project without disrupting drive aisles or on-site parking spaces. The drive-through operation is also designed to generate minimal noise impacts as the speaker boards are located towards the rear of the site (north elevation), away from the closest residential units, and are oriented towards the existing shopping center. Any potential noise generated from the idling of vehicles or the drive- through speakers will not impact the closest residential uses as they are approximately 250 feet away to the south. The site has been designed to include a large landscape area which will help buffer light and noise impacts to the residential uses. Moreover, the site design will include 24-inch box trees and large shrubs planted along the southern property line to create a visual buffer between the drive-through lanes. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding Resolution No. 2024-XXX Page 2 of 11 area. The site is currently underutilized and occupied by vacant single-family residences, and the new building will establish a commercial use of the property. An eating establishment with drive-through service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. In addition, the te new and permanent employment opportunities in favor of the economic growth and stability of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The approval of the project will be consistent with the General Plan land use designation of General Commercial (GC). The project would provide an added amenity to the existing commercial shopping center and would promote a land use that enhances the tigates any potential impacts to the surrounding community. The after-hours operations will contribute to the viability of the site creating a business environment that is safe and attractive. Moreover, the project has been designed to be consistent with several goals and policies of the General Plan as discussed below. Goal LU-2: Land Use Needs Provide a balance of land o Policy 2.2 Capture Local Spending Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator Support land use decisions that encourage the creation, development, and retention of business in Santa Ana Resolution No. 2024-XXX Page 3 of 11 The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. Goal LU-3: Compatibility of Uses Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment Promote a clean, safe, and creative environment for Santa The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the improvements would preserve the character of the existing commercial area. The scale and massing of the new project is compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover, which would further help enhanced the viability of the commercial center, would create a harmonious environment, and residents, workers, and visitors. Goal EP-1: Job Creation and Retention Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the Resolution No. 2024-XXX Page 4 of 11 improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment Promote a business friendly environment where businesses thrive o Policy 3.7 Facilitating Investment Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a new eating establishment that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project. The purpose of the IS/MND is to describe the project and to provide an evaluation of potential environmental impacts associated with the p Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. Resolution No. 2024-XXX Page 5 of 11 MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor. MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. -mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable mitigation measures, that would be adopted by the City. Historic or Cultural Significance Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the project will have a less than significant impact on historical resources under CEQA. Traffic Impacts The project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa In addition, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis Resolution No. 2024-XXX Page 6 of 11 suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the project. the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. As of this printing, no comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-16 will be filed for this project. Section 3. This Resolution shall not be effective unless and until the City Council Ordinance for Amendment Application No. 2024-01 is adopted and become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-01, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2101 and 2109 E. Santa Clara Avenue, collectively known as 2101 E. Santa Clara Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated February 26, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2024-XXX Page 7 of 11 ADOPTEDthis26thdayofFebruary 2024bythefollowing vote. AYES:Commissioners: NOES:Commissioners: ABSENT:Commissioners: ABSTENTIONS:Commissioners: Bao Pham Chairperson APPROVEDASTOFORM: SoniaR.Carvalho,CityAttorney By: Laura A. Rossini Chief AssistantCityAttorney CERTIFICATEOFATTESTATIONANDORIGINALITY I,Nuvia Ocampo,Recording Secretary, do hereby attest to and certify the attached ResolutionNo.2024-XXXtobetheoriginalresolutionadoptedbythePlanningCommission of the CityofSanta AnaonFebruary 26,2024. Date: Nuvia Ocampo RecordingSecretary CityofSantaAna ResolutionNo.2024-XXX Page 8of 11 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-01 Conditional Use Permit No. 2024-01 for drive-through window service is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2022-06. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, and note application of anti-graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a new minimum six-foot decorative block wall along the western property line with anti-graffiti coating and a flat wall cap, or resurface the existing block wall with smooth stucco, anti-graffiti coating and a flat wall cap. In no case shall a double-wall be constructed or permitted along any property line. 6. Decorative pavers, or an acceptable alternative design deemed appropriate by Planning Division staff, shall be required to be installed at all driveways of the existing commercial shopping center, including existing and proposed, and any subject to reciprocal access agreements with the subject property. 7. At any time that vehicle stacking extends beyond the entrance to the drive through facility, the restaurant shall provide field staff as reasonably required to expedite drive- through operations, assist with onsite parking, and prevent vehicles from blocking Resolution No. 2024-XXX Page 9 of 11 onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, and/or queuing onto Bristol Street. A stacking plan illustrating vehicle stacking management in parking areas shall be posted and maintained onsite. 8. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 9. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 10. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); Resolution No. 2024-XXX Page 10 of 11 e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2024-XXX Page 11 of 11 ! RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-02 AS CONDITIONED TO ALLOW AFTER-HOURS (24- HOUR) OPERATION FOR AN EATING ESTABLISHMENT LOCATED AT 2101 AND 2109 E. SANTA CLARA AVENUE, COLLECTIVELY KNOWN AS 2101 E. SANTA CLARA AVENUE (APN: 396-261-26 AND 396-261-38) BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Donald Ellis with Stream Realty Partners (applicant), representing SRP Stater Bros, LLC, a Texas Limited Liability Company (property owner) is requesting approval of Conditional Use Permit (CUP) No. 2024-02 to allow after-hours operations (24-hours) for an eating establishment in the Arterial Commercial (C5) zoning district at 2101 and 2109 E. Santa Clara Avenue, collectively known as 2101 E. Santa Clara Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-424.5 (j) requires approval of a CUP for eating establishments open at any time between the hours of 12:00 a.m. and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. D. On February 26, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-02. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant CUP No. 2024-02, to operate between the hours of 12:00 a.m. and 5:00 a.m. within one hundred fifty (150) feet of residentially zoned and used property, have been established as required by SAMC Section 41-638: 1. That the proposed use will provide a service or facility, which will contribute to the general wellbeing of the neighborhood or community. The eating establishment with 24-hour operations will provide a service to persons that are working or residing in the area. The project will redevelop underutilized lots with a new eating Resolution No. 2024-XXX Page 1 of 12 establishment with a contemporary design that includes neutral/dark color palette and tones along the outer facades, which would involve materials such as plaster/stucco, aluminum, and metals. The project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover. Landscaped planter areas would be constructed along the northern, western, and southern site perimeter and would provide decorative screening and a buffer between the uses and the adjacent uses, in addition to being placed centrally within the surface parking lot and adjacent to the drive-through. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The drive-through will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The 24-hour operations would not generate additional community impacts and would have minimal to no impacts to the adjacent residences as it relates to lighting. This is due to the location of the building and drive-through and the separation distance to existing residential units as described above. Specifically, the project site is in an area that is already subject to significant ambient lighting (e.g., exterior building lights, parking lot pole lights, interior building lights, streetlights, etc.) from the existing commercial/retail uses surrounding the site. The project would involve new streetlights and additional exterior and interior building lighting associated with the operation of the g would be standards for commercial projects and includes direction on minimizing glare onto adjoining properties. Moreover, all on-site lighting would be shielded and directed so that no lighting trespasses onto the adjacent properties. The lighting levels for the site would not be altered and would be consistent with the ambient and night-time lighting at the commercial uses surrounding the site. Lastly, the site plan has been designed so that vehicle headlights would not create lighting concerns to the residential units to the south. Specifically, the building and drive-through have been offset so that the pick-up window is not aligned directly with any residential windows. In addition, the project will incorporate a landscape buffer with various mature landscaping (shrubs, trees, and groundcover) along Santa Clara Avenue. Staff is recommending a condition of approval that the mature landscaping be evergreen, be required to be maintained throughout the lifetime of the CUP, that it be maintained healthy, and that any unhealthy or dead plants be required to be removed and replaced in-kind. Resolution No. 2024-XXX Page 2 of 12 The 24-hour drive-through operations would also have minimal to no impacts to the adjacent residences as it relates to noise. The overall operations would not generate noise levels above the Ordinance, as shown in Table 3 below. The daily operation of the eating establishment has the potential to result in an increased ambient noise level in the immediate vicinity of the site through the addition of stationary sources of noise as well as vehicular trips associated with the project. These stationary sources of noise include HVAC equipment, landscape maintenance equipment, parking lot activities, trash collection activities, and restaurant drive-through speakers. Noise associated with the parking lot activities consists of vehicle engines, door slams, engine starts, and people talking. However, the stationary sources during the times of 1:00 a.m. and 5:00 a.m. would be limited to just the drive- through operations as the indoor dining area would be closed during this time. These noise sources include the drive-through window and a menu board with an amplified speaker, in addition to non-amplified speech. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive-through will not adversely affect the economic stability or future economic development of properties in the surrounding area. The site is currently underutilized and occupied by vacant single-family residences, and the new building will establish a commercial use of the property. An eating establishment with after-hours service will provide an additional service and eating opportunities for the area and will provide a commercial business that generates sales tax revenue for the City. In addition, the opportunities in favor of the economic growth and stability of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The use complies with the regulations and conditions in Chapter 41 including building heights, yards, parking and landscaping. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property, which will ensure that the property and all improvements are properly maintained. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. Resolution No. 2024-XXX Page 3 of 12 The approval of the project will be consistent with the General Plan land use designation of General Commercial (GC). The project would provide an added amenity to the existing commercial shopping center and would promote a land use that enhances the ability and mitigates any potential impacts to the surrounding community. The after-hours operations will contribute to the viability of the site creating a business environment that is safe and attractive. Moreover, the project has been designed to be consistent with several goals and policies of the General Plan as discussed below. Goal LU-2: Land Use Needs Provide a balance of land o Policy 2.2 Capture Local Spending Encourage a range of commercial uses to capture a greater share of local spending and offer a range of employment opportunities. o Policy 2.6 Encourage Investment Promote rehabilitation of properties and encourage increased levels of capital investment to create a safe and attractive environment. o Policy 2.7 Business Incubator Support land use decisions that encourage the creation, development, and retention of business in Santa Ana The project is consistent with Goal LU-2 and Policies 2.2, 2.6, and 2.7, as it will allow for additional service to Santa Ana residents and visitors, thereby positively contributing to the economic viability of the area by promoting local spending, offering employment opportunities, and providing a safe workplace. In addition, the applicant is making an investment to rehabilitate the site to allow for a safe and attractive establishment by expanding the commercial center and improving the circulation throughout. Lastly, the project would also preserve the character of the existing commercial area and promotes the rehabilitation of properties by proposing to remove a blighted and underutilized land use to create a safe and attractive environment. Goal LU-3: Compatibility of Uses Preserve and improve the character and integrity of existing neighborhoods and districts. o Policy 3.4 Compatible Development Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. o Policy 3.7 Attractive Environment Promote a Resolution No. 2024-XXX Page 4 of 12 clean, safe, and creative environment for Santa The project is consistent with Goal LU-3 and Policies 3.4 and 3.7, as the improvements would preserve the character of the existing commercial area. The scale and massing of the new project is to be compatible with the existing commercial center, as consideration was given to scale, massing, and architecture of the project to ensure that it complements the existing buildings within the surrounding development. Moreover, the project would include aesthetically pleasing features, such as landscaping with a variety of plant materials including trees, shrubs, vines, grasses, and groundcover, which would further help enhanced the viability of the commercial center, would create a harmonious environment, and residents, workers, and visitors. Goal EP-1: Job Creation and Retention Foster a dynamic local economy that provides and create employment opportunities for all residents in the City. o Policy 1.2 Attract Business Promote new and retain existing job-producing businesses that provide living-wage employment opportunities. The project is consistent with Goal EP-1 and Policy 1.2, as the improvements would help generate additional economic growth and stability in the City by further activating underutilized parcels and helping generate property and sales tax revenue. Furthermore, the project would help create a job-producing establishment thereby providing employment opportunities to Santa Ana residents. Goal EP-3: Business Friendly Environment Promote a business friendly environment where businesses thrive o Policy 3.7 Facilitating Investment Promote a solution-based customer focus in order to facilitate additional development and investment in the community. o Policy 3.8 Comprehensive Analysis of Land Use Pursue a balance of fiscal and qualitative community benefits when making land use decisions. The project would be consistent with Goal EP-3 and Policies 3.7 and 3.8, as it provides for redevelopment of existing underutilized single-family residences and promotes a new eating establishment Resolution No. 2024-XXX Page 5 of 12 that would provide services to the community. Moreover, the project would help create a friendly business environment and help the overall commercial center to enhance their business offerings and compete with nearby commercial centers. Lastly, by working on an improved site design with the applicant, staff ensured that that project provided a high level of community investment for residents, workers, and visitors in the area. Section 2. Pursuant to the requirements of the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Title 14, Section 15000 et. seq. of the California Code of Regulations), an Initial Study and Mitigated Negative Declaration (IS/MND) has been prepared for the project. The purpose of the IS/MND is to describe the proposed project and to provide an operation. Moreover, the IS/MND evaluates the potential environmental impacts of project implementation; includes significance determinations from the environmental analyses; identifies regulatory requirements to be incorporated into the project; and sets forth mitigation measures that will lessen or avoid potentially significant project impacts on the environment. The IS/MND determined that the proposed project would have no impact, or less than significant impacts with mitigation measures, in all topics outlined in the CEQA Environmental Checklist. Possible impacts identified in the IS/MND include those related to Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance. With implementation of mitigation measures (MM) listed below, all potential impacts would be less than significant. MM CUL-1: Prior to issuance of the grading permit, the Applicant shall retain an Orange County-certified archaeologist to observe grading activities within previously undisturbed soils, and to salvage and catalogue archaeological resources as necessary. MM GEO-1: Prior to commencement earthmoving activities, the Applicant shall retain a qualified Orange County-certified Paleontologist for on-call services in the event of a discovery of paleontologically sensitive rock formations during ground disturbance activities. MM HAZ-1: Any additional materials discovered during demolition activities shall be collected and analyzed prior to removal or disturbance of materials. MM HAZ-2: Prior to demolition, all asbestos containing materials (ACMs) and asbestos containing construction materials (ACCMs) shall be removed from the structures at the Project site. MM TCR-1: Prior to commencement of ground disturbing activities, the Applicant shall retain a Native American Monitor. MM TCR-2: Upon discovery of any Tribal Cultural Resource Objects, all construction activities in the immediate vicinity shall cease. MM TCR-3: Upon discovery of any human remains and associated funerary or ceremonial objects, actions pursuant to Public Resource Code 5097.98 and Health and Safety Code 7050.5 shall occur. -mentioned environmental categories would cause no substantial adverse change to the environment with the inclusion of the enforceable Resolution No. 2024-XXX Page 6 of 12 mitigation measures, that would be adopted by the City. Historic or Cultural Significance Two built environment resources over 45 years old were identified within the project site: 2101 and 2109 Santa Clara Avenue. The properties were recorded and evaluated for historical significance on the appropriate set of State of California Department of Parks and Recreation (DPR) Forms in consideration of California Register of Historic Resources (CRHR) and local City designation criteria and integrity requirements. Both properties were found not eligible under all state and local designation criteria due to a lack of significant historical associations and architectural merit. No historical resources were identified within the project site as a result of this study. Therefore, with respect to built environment resources, the proposed project will have a less than significant impact on historical resources under CEQA. Traffic Impacts The project specific Transportation Analysis conducted a traffic signal warrant analysis to determine the potential need for installation of a traffic signal at an otherwise unsignalized intersection, including at the intersection of the Driveway 1 (located along Santa Clara Avenue) and Santa Clara Avenue, and the intersection between Tustin Avenue and Driveway 2 (located along Tustin Avenue). As concluded by the Transportation Analysis, the addition of project traffic would not trigger the City of Santa In addition, the Transportation Analysis performed a drive-through analysis to determine if the proposed circulation plan provided adequate on-site drive-through storage capacity to accommodate the peak on-site vehicle demand. Ultimately, the drive-through analysis suggested that the project would provide stacking accommodations for approximately 16 vehicles within the drive-through, and there would be sufficient capacity to accommodate average and peak vehicle demands for the proposed project. the required 20-day public comment period, which ended on February 1, 2024. The NOI was also mailed out to all properties within a 1,000-foot radius of the project site. The IS/MND was made available for public view at the City Hall Planning counter, Santa Ana Library in the Civic Center and on the City website. As of this printing, no comments or communications from the public have been received on the IS/MND. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-16 will be filed for this project. Section 3. This Resolution shall not be effective unless and until the City Council Ordinance for Amendment Application No. 2024-01 is adopted and become effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, Resolution No. 2024-XXX Page 7 of 12 administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-02, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2101 and 2109 E. Santa Clara Avenue, collectively known as 2101 E. Santa Clara Avenue. This decision is based upon the evidence submitted at the above-referenced hearing, including but not limited to: The Request for Planning Commission Action dated February 26, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 26th day of February 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson Resolution No. 2024-XXX Page 8 of 12 APPROVEDASTOFORM: SoniaR.Carvalho,CityAttorney By: Laura A. Rossini Chief AssistantCityAttorney CERTIFICATEOFATTESTATIONANDORIGINALITY I,Nuvia Ocampo,Recording Secretary, do hereby attest to and certify the attached ResolutionNo.2024-XXXtobetheoriginalresolutionadoptedbythePlanningCommission of the CityofSanta AnaonFebruary 26,2024. Date: Nuvia Ocampo RecordingSecretary CityofSantaAna ResolutionNo.2024-XXX Page 9of 12 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-02 Conditional Use Permit No. 2024-02 for after-hours operations (24-hours) is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2022-06. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELO), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, and note application of anti-graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in-kind. 5. Prior to the issuance of a Certificate of Occupancy, the Applicant shall construct a new minimum six-foot decorative block wall along the western property line with anti-graffiti coating and a flat wall cap, or resurface the existing block wall with smooth stucco, anti-graffiti coating and a flat wall cap. In no case shall a double-wall be constructed or permitted along any property line. 6. Decorative pavers, or an acceptable alternative determined by Planning Division staff, shall be required to be installed at all driveways of the existing commercial shopping center, including existing and proposed, and any subject to reciprocal access agreements with the subject property. 7. At any time that vehicle stacking extends beyond the entrance to the drive through facility, the restaurant shall provide field staff as reasonably required to expedite drive- through operations, assist with onsite parking, and prevent vehicles from blocking Resolution No. 2024-XXX Page 10 of 12 onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, and/or queuing onto Bristol Street. A stacking plan illustrating vehicle stacking management in parking areas shall be posted and maintained onsite. 8. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 9. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 10. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained. Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses); c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); Resolution No. 2024-XXX Page 11 of 12 e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement; g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2024-XXX Page 12 of 12 AA No. 2024-01, CUP No. 2024-01, and CUP No. 2024-02 McDonald's Restaurant at 2101 and 2109 E. Santa Clara Avenue 2101 E. Santa Clara Avenue 2109 E. Santa Clara Avenue Exhibit 5 – Site Photos CONTACT INFORMATION APPLICANT:STREAM REALTY 3161 MICHELSON DRIVE, SUITE 100 IRVINE, CA 92612 CONTACT: MICHAEL GREGG TEL: (805) 215-6453 EMAIL: MICHEAL.GREGG@STREAMREALTY.COM SITE INFORMATION APN: 396-261-38 SITE AREA OF PROJECT SCOPE:35,400 SF (0.81 AC) GENERAL PLAN LAND USE DESIGNATION:C2 - GENERAL COMMERCIAL CURRENT ZONING DISTRICT:A1 - GENERAL AGRICULTURAL (SURROUNDING LOTS ZONED AT C5) BUILDING INFORMATION 113' FROM THE FROM THE ORDER POINT TO OCCUPANCY TYPE:A-2 THE END OF THE TYPE OF CONSTRUCTION:TYPE VB - SPRINKLERED DRIVE-THROUGH LANE PROPOSED USE: RESTAURANT PARKING INFORMATION PARKING REQUIREMENT:8 SPACES PER 1,000 SF OF GFA STALLS REQUIRED: 32 STALLS STALLS PROVIDED: STALLS TE 6 LEGEND: 20'-2" x 14'-11" PROPERTY LINE PER ALTA STAGING 150' HOSE PULL DISTANCE AREA 147' FROM THE TRASH ENCLOSURE TE PICK-UP WINDOW TO PROPOSED LANDSCAPE AREA THE ORDER RECIPROCAL POINT ACCESS FIRE HYDRANT (4587 WATER VALVE 12 GAS VALVE S SANITARY SEWER MANHOLE STREET SIGN UTILITY POLE 5 EXISTING BOLLARD BIKE RACK M.O.M.O. PROPOSED RECIPROCAL ACCESS ENHANCED DECORATIVE PATIO PAVING, TYP. 9 ENHANCED DRIVEWAY SIGHT-DISTANCE- TRIANGLE AREA E SANTA CLARA AVE NOTES: 1.PROPOSED IMPROVEMENTS: ALL IMPROVEMENT AS SHOWN HEREON TO BE CONSTRUCTED AND INSTALLED BY THE DEVELOPER AND/OR THE DEVELOPER EXPENSE IN ACCORDANCE WITH THE CITY DESIGN STANDARDS AND SPECIFICATIONS, THE SANTA ANA MUNICIPAL CODE, AND THE APPROVED STREET IMPROVEMENT PLANS. EXPENSE. BICKEL GROUP SITE PLAN ARCHITECTURE Scale: 1" = 20' BICKEL GROUP INCORPORATED 3600 BIRCH STREET, SUITE 120 October 27, 2022 NEWPORT BEACH, CA 92660 2109 E SANTA CLARA AVENUE P:\\21\\21730 - McD Santa Ana, 2109 E Santa Clara Ave P: 949.757.0411 F: 949.757.0511 www.bickelgrp.com(004-5088)\\Design\\Site\\x21730 - Site Plan.dwg SANTA ANA, CALIFORNIA BABY CHANGING WOMEN'S J.C. ROOM FIRE RISER FREEZER/ COOLER SUPPORT MEN'S CUSTOMER SERVICE SWITCHGEAR CREW ROOM KITCHEN PRESENTERPRESENTER ORDER FLOOR PLAN HB 3 ROOF PLAN FLOOR & ROOF BICKEL GROUP PLANS ARCHITECTURE BICKEL GROUP INCORPORATED Scale: 1/8" = 1'-0" 3600 BIRCH STREET, SUITE 120 October 7, 2022 NEWPORT BEACH, CA 92660 2109 E SANTA CLARA AVENUE P: 949.757.0411 F: 949.757.0511 P:\\21\\21730 - McD Santa Ana, 2109 E Santa Clara Ave www.bickelgrp.com (004-5088)\\Design\\Floor Plan\\x21730 - Floor Plan.dwg SANTA ANA, CALIFORNIA EXHIBIT 10 The McDonald’s at Santa Clara Avenue Project Initial Study and Mitigated Negative Declaration (IS/MND), Technical Appendices, and Response to Comments (RTC) and Mitigation Monitoring and Reporting Program (MMRP) may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Main Library 26 Civic Center Plaza Santa Ana, CA 92701 or https://www.santa-ana.org/mcdonalds-drive-through-restaurant/ From:Michael Gregg To:Martin, Eric Subject:2101 Santa Clara Ave Sana Ana - McDonald"s - Community Meeting Notes Date:Thursday, April 28, 2022 12:02:53 PM Attachments:image002.png Good Morning Eric, Please find notes from the community meeting as well as a log of neighbors that have contacted us. Let me know if you have any questions or need anything else at this time. NameQuestionResponse I would like to let your team know the flier that was mailed out was awful, Neighborand it is very hard to read this meeting address and map.Noted. Mary Lou Babin-BranchHas the City approved the project?No, just submitted first application and plans a couple of weeks ago. Rhonda Hainwhat is he target opening date?Currently targeting 4th Quarter 2023 but contingent on completion entitlement and permit approvals. NeighborHas there been an EIR performed on the ingress/egress of this proposal?Technical studies for CEQA have not been started yet. Will you continue to notify the neighbors of updates to the proposed plans Neighborand changes?Yes, required to by the City's sunshine ordinance. Lobby is typically 6am – 11pm, Drive-thru is 24 hours. This is subject to change once the store is NeighborWhat will be the proposed hours of the restaurant?franchised. NeighborIs there a location that is closing in order to open this location?No, this is a new location. Rhonda Hainwill there be lighting for security in the lot?Yes, there will be adequate site lighting. NeighborDoes the CHP have any influence to locate in this location?No, parking for apartments is in-between CHP and our site. I may have missed this information but is McDonalds replacing Del Taco orDel Taco will remain, we are building new McDonald's adjacent to Del Taco where there is currently two Liz Meadeis it in another locationsvacant residential units. Liz MeadeSo it is on Santa Clara rather that Tustin?Correct. McDonald’s bases its development decisions on factors outside of the local competitors in the trade area. Do you think with In and Out and Chick-fil-A down the street andWe review the location itself, the population and income demographics of trade area where the new NeighborMcDonalds and compete?restaurant will be located at and the anticipated financial returns. What is McDonalds planning to bring to the community, as a communityThe new store will provide jobs and tax revenue to the City. Our Franchisees are heavily involved with the Mary Lou Babin-Branchpartner not as a business?community in through various charities and are always giving back to the community. Although the McDonald’s at 17th/Santiago is close by, based on our research, there are enough people With a McDonald’s being just 1.5 miles from this location (17th andliving in the area to allow us to open a new restaurant. In addition, the new restaurant will service NeighborSantiago) is it necessary to build this one so close to the other,customers that travel along Tustin Avenue which our restaurant on 17th is not servicing. Instead of looking at this new location, did you consider the corner ofThe southwest corner parcel is too small to accommodate our standard restaurant building when you NeighborTustin and Santa Clara (South West Corner)?also include the land area needed for our drive-thru lane. PersonContact InformationNotesAction Item Copy of presentation Mary Lou BranchEdmlbranch@netzero.comRequested copy of the presentation.sent. Copy of presentation sent. Held 30 minute phone call with Kim to answer questions. Would kim@plumfieldschool.com or 714-547-Requested copy of the presentation. Owns the daycare across thelike to see traffic study Kim Cardoba5771street. Supportive but wants to see the traffic study when complete.when it comes available. Liesa Rego Attended the community meeting.N/A Sean Y Attended the community meeting.N/A Rhonda Hain Attended the community meeting.N/A Liz Meade Attended the community meeting.N/A Had great phone call with her. Supportive of the Deborah Strunk714-568-1786Interested in moving homes as they may be historical.project. Mary Falcon714-454-6069Supportive of the project.Supportive of the project. Multiple attempts to Michelle Almazan714-925-5880Wasn’t able to get onto meeting.contact made. Emily Mandrup818-9195336Supportive of the project. Willing to come out and speak in favor.Supportive of the project. Patrica Creame Not supportive of the project. Sees traffic being the major issue.N/A Lance Regolancerego@yahoo.comVery supportive of the project.Supportive of the project. Michael Gregg Director of Construction and Entitlements DEVELOPING OUTSIDE THE BOX® 3161 Michelson Drive | Suite 100 Irvine, CA 92612 Phone 805-215-6453 michael.gregg@streamrealty.com www.streamrealty.com Stream Realty Partners Cordially Invites You to a Community Information Meeting: Location of Subject Property , April 21st at 5:15 p.m. Virtual Meeting https://msteams.link/IH1Z A new 3,975 square foot McDonald’s restaurant with a drive-through located at 2101 Santa Clara Avenue, Santa Ana. The development will include parking, trash enclosure, paving and landscaping for the associated restaurant. Access will be provided from Santa Clara Avenue, along with reciprocal access to the retail center adjacent via drive aisles on the north and east. Contact Applicant For Language Interpretation Services Michael Gregg ichael.Gregg@streamrealty.com 909.601.3337 Stream Realty Partners Cordialmente los invita a un Ubicación de Reunión de Información Comunitaria: Propiedad del sujeto , abril 21 en 5:15 p.m. Reunión virtual https://msteams.link/IH1Z Un nuevo restaurante McDonald’s de 3,975 pies cuadrados con un drive-through ubicado en Avenida Santa Clara 2101, Santa Ana. El desarrollo incluirá estacionamiento, cerramiento de basura, pavimentación y paisajismo para el restaurante asociado. El acceso se proporcionará desde Santa Clara Avenue, junto con el acceso recíproco al centro minorista adyacente a través de los pasillos de acceso al norte y al este. Póngase en contacto con el solicitante de servicios de interpretación de idiomas Michael Gregg ichael.Gregg@streamrealty.com 909.601.3337 SUBJECT SITE Tusfbn!Sfbmuz!Qbsuofst (SITIO DE ASUNTO) dpsejbmmz!jowjuft!zpv!up!b Dpnnvojuz!Jogpsnbujpo!Nffujoh/ Thursday, February 2nd 6:00 pm - 7:30 pm 3481!O/!Uvtujo!Bwf/-!Tvjuf!E-! Tboub!Bob-!DB!:3816!)Gpsnfs!Ljoh!Tvqfstupsf*! B!ofx!4-:86!trvbsf!gppu!NdEpobme“t!sftubvsbou!! xjui!b!esjwf.uispvhi!mpdbufe!bu 3212!Tboub!Dmbsb!Bwfovf-!Tboub!Bob-!DB Dpoubdu!bqqmjdbou!gps!mbohvbhf!joufsqsfubujpo!tfswjdft/ Uif!efwfmpqnfou!xjmm!jodmvef!qbsljoh-!usbti!fodmptvsf-!qbwjoh!boe! Donald Ellis mboetdbqjoh!gps!uif!bttpdjbufe!sftubvsbou/!Bddftt!xjmm!cf!qspwjefe!gspn! epobme/fmmjtAtusfbnsfbmuz/dpn Tboub!Dmbsb!Bwfovf-!bmpoh!xjui!sfdjqspdbm!bddftt!up!uif!sfubjm!dfoufs! :5:/767/8162 Mjd/!12987577 bekbdfou!wjb!esjwf!bjtmft!po!uif!opsui!boe!fbtu/ 4272!Njdifmtpo!Esjwf-!Tvjuf!211 Jswjof-!DB!:3723 SITIO DE ASUNTO Tusfbn!Sfbmuz!Qbsuofst!! dpsejbmnfouf!mpt!jowjub!b!vo! sfvojôo!ef!jogpsnbdjôo! dpnvojubsjb/ Jueves 2 de febrero 6:00 pm - 7:30 pm 3481!O/!Uvtujo!Bwf/-!Tvjuf!E-!! Tboub!Bob-!DB!:3816!)Boujhvp!Ljoh!Tvqfstupsf*! Vo!ovfwp!sftubvsbouf!NdEpobme“t!ef!4-:86!qjft! dvbesbept!dpo!vo!esjwf.uispvhi!vcjdbep!fo! Qôohbtf!fo!dpoubdup!dpo!fm!tpmjdjubouf!qbsb! 3212!Tboub!Dmbsb!Bwfovf-!Tboub!Bob-!DB mpt!tfswjdjpt!ef!joufsqsfubdjôo!ef!jejpnbt/ Fm!eftbsspmmp!jodmvjsâ!ftubdjpobnjfoup-!dfssbnjfoup!! Donald Ellis ef!cbtvsb-!qbwjnfoubdjôo!z!qbjtbkjtnp!qbsb!fm!sftubvsbouf! epobme/fmmjtAtusfbnsfbmuz/dpn btpdjbep/!Fm!bddftp!tf!qspqpsdjpobsâ!eftef!Tboub!Dmbsb! :5:/767/8162 Bwfovf-!kvoup!dpo!fm!bddftp!sfdîqspdp!bm!dfousp!! Mjd/!12987577 njopsjtub!bezbdfouf!b!usbwêt!ef!mpt!qbtjmmpt!ef!bddftp!! bm!opsuf!z!bm!ftuf/ NdEpobme“t!Efwfmpqnfou 321:!F!TBOUB!DMBSB!BWFOVF!}!TBOUB!BOB-!DB SITE PLAN )QMBO!EF!TJUJP* 224(!GSPN!UIF!GSPN UIF!PSEFS!QPJOU!UP UIF!FOE!PG!UIF ESJWF.UISPVHI MBOF UF 7 31(.3#!y 25(.22# TUBHJOH BSFB 258(!GSPN!UIF QJDL.VQ!XJOEPX!UP QSPQPTFE UIF!PSEFS SFDJQSPDBM QPJOU BDDFTT )5698 23 6 CJLF!SBDL N/P/N/P/ QSPQPTFE SFDJQSPDBM BDDFTT FOIBODFE!EFDPSBUJWF QBUJP QBWJOH-!UZQ/ : FOIBODFE ESJWFXBZ TJHIU.EJTUBODF. USJBOHMF!BSFB F!TBOUB!DMBSB!BWF NdEpobme“t!Efwfmpqnfou 321:!F!TBOUB!DMBSB!BWFOVF!}!TBOUB!BOB-!DB ELEVATIONS )FMFWBDJPOFT* FMFWBDJÔO!TVSFMFWBDJÔO!PFTUF FMFWBDJÔO!OPSUFFMFWBDJÔO!FTUF Uijt!tqbdf!gps!gjmjoh!tubnq!pomz P!!S!!B!!O!!H!!F!!!!!D!!P!!V!!O!!U!!Z!!!!!S!!F!!Q!!P!!S!!U!!F!!S O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ !TJODF!2:32! 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 711!X/!Tboub!Bob!Cmwe/-!Tvjuf!316-!Tboub!Bob-!Dbmjgpsojb!:3812.5653 Ufmfqipof(714) 543-2027)825*!654.31380!Gby(714) 542-6841)825*!653.7952 NUVIA OCAMPO OR3783457 PS$;!!!!!!! CITY OF SANTA ANA/PLANNING & BUILDING AGEN 20 CIVIC CENTER PLAZA 2ND FLR NOTICEOFPUBLICHEARINGCA92701.Deadlinetosubmitwritten BEFORETHESANTAANAPLANNINGcommentsis3:30p.m.onthedayofthe COMMISSIONmeeting.Commentsreceivedafterthe SANTA ANA, CA - 92702 TheCityofSantaAnaencouragesthedeadlinemaynotbedistributedtothe publictoparticipateinthedecision-Commissionbutwillbemadepartofthe makingprocess.Weencourageyoutorecord. contactuspriortothePublicHearingifWhereToGetMoreInformation: youhaveanyquestions.Additionaldetailsregardingtheproposed PlanningCommissionAction:Theaction(s),includingthefulltextofthe PlanningCommissionwillholdaPublicdiscretionaryitem,maybefoundonthe Hearingtoreceivepublictestimony,andCitywebsite72hourspriortothepublic QSPPG!PG!QVCMJDBUJPO willtakeactionontheitemdescribedhearingathttps://santa- below.Decisiononthismatterwillbefinalana.primegov.com/public/portal. unlessappealedpursuanttoArticleVofWhoToContactForQuestions:Should Chapter41oftheSantaAnaMunicipalyouhaveanyprojectquestions,please )3126/6!D/D/Q/* Codewithin10calendardaysofthecontactcaseplannerPedroGomezwith decisionbyanyinterestedpartyorgroup.thePlanningDivisionbyphoneat(714) ProjectLocation:2101&2109East667-2790orbyemailatPGomez@santa- Tubuf!pg!Dbmjgpsojb!!* SantaClaraAvenuelocatedwithintheana.org. Dpvouz!pg!Psbohf ORANGE!!*!tt GeneralAgricultural(A1)zoningdistrict.Note:Ifyouchallengethedecisiononthe ProjectApplicant:DonaldElliswithabovematter,youmaybelimitedto StreamRealtyPartners(Applicant)raisingonlythoseissuesyouorsomeone representingSRPStaterBros,LLC,aelseraisedatthepublichearing Opujdf!Uzqf;!!!!!!!!!!! GPN - GOVT PUBLIC NOTICE TexasLimitedLiabilityCompanydescribedinthisnotice,orinwritten (PropertyOwner)correspondencedeliveredtothePlanning ProposedProject:ApplicantisCommissionorCityCounciloftheCityof requestingapprovalofConditionalUseSantaAnaat,orpriorto,thepublic Permit(CUP)No.2024-01andCUPNo.hearing. Be!Eftdsjqujpo;!!!!! 2024-02,andAmendmentApplicationNo.Sitienepreguntasenespañol,favorde 2101 E Santa Clara Ave. 2024-01,toallowazonechangefromllamaraNuviaOcampo(714)667-2732. GeneralAgricultural(A1)toArterialN?uc?nliênl?cb?ngti?ngVi? Commercial(C5),andallowforthet,xin?i?ntho?ichoTonyLais? constructionofa3,975-square-footfast(714)565-2627. foodeatingestablishment(McDonald's)2/14/24 I am a citizen of the United States and a resident of the State of California; I am withdrive-throughwindowserviceandOR-3783457# after-hoursoperations(24-hourdrive- over the age of eighteen years, and not a party to or interested in the above J!bn!b!djuj{fo!pg!uif!Vojufe!Tubuft!boe!b!sftjefou!pg!uif!Tubuf!pg!Dbmjgpsojb<!J!bn! through).Thesiteplanandrelated entitled matter. I am the principal clerk of the printer and publisher of the documentsareavailabletothepublicfor pwfs!uif!bhf!pg!fjhiuffo!zfbst-!boe!opu!b!qbsuz!up!ps!joufsftufe!jo!uif!bcpwf! reviewatCityHallat20CivicCenter ORANGE COUNTY REPORTER, a newspaper published in the English foujumfe!nbuufs/!!J!bn!uif!qsjodjqbm!dmfsl!pg!uif!qsjoufs!boe!qvcmjtifs!pg!uif! Plaza,SantaAna,California92701and language in the city of SANTA ANA, county of ORANGE, and adjudged a ontheCity'swebsiteat PSBOHF!DPVOUZ!SFQPSUFS-!b!ofxtqbqfs!qvcmjtife!jo!uif!Fohmjti https://www.santa-ana.org/mcdonalds- newspaper of general circulation as defined by the laws of the State of drive-through-restaurant/. mbohvbhf!jo!uif!Djuz!pg!Tboub!Bob-!boe!bekvehfe!b!ofxtqbqfs!pg!hfofsbm! California by the Superior Court of the County of ORANGE, State of California, EnvironmentalImpact:Pursuanttothe djsdvmbujpo!bt!efgjofe!cz!uif!mbxt!pg!uif!Tubuf!pg!Dbmjgpsojb!cz!uif!Tvqfsjps! requirementsoftheCalifornia under date 06/20/1922, Case No. 13421. That the notice, of which the EnvironmentalQualityAct(CEQA),an Dpvsu!pg!uif!Dpvouz!pg!Psbohf-!Tubuf!pg!Dbmjgpsojb-!voefs!ebuf!pg!Kvof!3-!2:33-! InitialStudyandMitigatedNegative annexed is a printed copy, has been published in each regular and entire issue Dbtf!Op/!24-532/!!Uibu!uif!opujdf-!pg!xijdi!uif!boofyfe!jt!b!qsjoufe!dpqz-!ibt! Declaration(IS/MND)hasbeen of said newspaper and not in any supplement thereof on the following dates, preparedfortheproject.TheIS/MND's cffo!qvcmjtife!jo!fbdi!sfhvmbs!boe!foujsf!jttvf!pg!tbje!ofxtqbqfs!boe!opu!jo! NoticeofIntent(NOI)waspostedtothe to-wit: boz!tvqqmfnfou!uifsfpg!po!uif!gpmmpxjoh!ebuft-!up.xju; CountyClerkonJanuary12,2024,for therequired20-daypubliccomment period,whichendedonFebruary1, 2024.TheCityofSantaAnahas determined,basedontheIS/MND,that theprojectwillnothaveasignificant effectontheenvironmentwith implementationofrecommended 02/14/2024 mitigationmeasures.TheIS/MNDis availabletothepublicforreviewat CityHallat20CivicCenterPlaza, SantaAna,California92701andonthe City'swebsiteathttps://www.santa- ana.org/documents/public-review- draft-is-mnd/. MeetingDetails:Thismatterwillbe heardonMonday,February26,2024at Fyfdvufe!po;!2102103115 5:30p.m.intheCityCouncilChambers, 02/14/2024 22CivicCenterPlaza,SantaAna,CA BuMpt!Bohfmft-!Dbmjgpsojb 92701.Membersofthepublicmay attendthismeetinginpersonorjoin viaZoom.Forthemostup-to-date J!dfsujgz!)ps!efdmbsf*!voefs!qfobmuz!pg!qfskvsz!uibu!uif!gpsfhpjoh!jt!usvf!boe! informationonhowtoparticipatevirtually dpssfdu/ inthismeeting,pleasevisit https://www.santa-ana.org/planning-and- building-meeting-participation/. WrittenComments:Ifyouareunableto participateinthemeeting,youmaysend writtencommentsbye-mailto PBAeComments@santa-ana.org (referencetheAgendaItem#inthe subjectline)orbymailtoNuviaOcampo, RecordingSecretary,CityofSantaAna, 20CivicCenterPlaza–M20,SantaAna, !!!!!! Tjhobuvsf !A000006694331! Email CITY OF SANTA ANA Planning and Building Agency -/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision-making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: Project Location: Project Applicant: Proposed Project: - -- Arterial -- with -- (-- - --- Environmental Impact: - --review--- Meeting Details: Monday, February 26, 2024 at 5:30 p.m Members of the public may attend this meeting in personor join via Zoom. -- ----- Written Comments: - - (reference line – 3:30 p.m. Where To Get More Information: the the the be the the at - Who To Contact For Questions: -- Note: Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nu cn liên lc bng ting Vin thoi cho Tony Lai s(714) 565-2627. 1000’ RADIUS NOTIFICATION MAP 1,000 Sq. Ft. Buffer Map 2101 & 2109 East Santa Clara Avenue Ocampo, Nuvia From:Linda Anthony <la92707@sbcglobal.net> Sent:Wednesday, February 21, 2024 2:23 PM To:eComments, PBA Subject:McDonald on Santa Clara WithallduerespectIdonotapproveofaaĭ5ƚƓğƌķ͸ƭbeingbuiltonSantaClaraoffTustinavenue.Concernedabout trafficcongestion. SentfrommyiPhone 1 Ocampo, Nuvia From:m r <mmrayala02@yahoo.com> Sent:Wednesday, February 21, 2024 2:15 PM To:eComments, PBA Subject:McDonalds IamaresidentofPortolaPark/ESantaClaraAve.ThisMcDonaldswouldNOTbebeneficialtoourneighborhoodand community. Weopposethisproposition! Thankyouforyourtime. MyrnaAyala 1 Ocampo, Nuvia From:PAMELA bALIDOY <balidoy@icloud.com> Sent:Wednesday, February 21, 2024 7:48 PM To:eComments, PBA Subject:Opposed to McDonalds fast food drive thru at Santa Clara and Tustin Ave Iamadamantlyopposedtoaddingaaĭ5ƚƓğƌķ͸ƭdrivethroughatsaidintersectionformultiplereasons.Iliveinthe neighborhoodthereisalotoftraffic,andthereisaschoolacrossthestreetalongwithpedestriantrafficfromthe apartmentwhowalktothegrocerystore,staterbrothers.Alotofthepedestriansareolderpeople.Iliveinthe neighborhoodthereisalotoftraffic,andthereisaschoolacrossthestreetalongwithpedestriantrafficfromthe apartmentswhowalktothegrocerystore,staterbrothers.Alotofthepedestriansareolderpeople.Therehavebeen numerousaccidentsinthisareaandthatwouldonlyincreasegiventheproximityoftheexistentDeltaco.Mostofthe peopleusingtheshoppingcenterarenothighrollers.Eventheparkinglotforthegrocerystoreandtheothersmall storesinthecenterhavehadmultiplefenderĬĻƓķĻƩ͸ƭ͵ SantaAnakeepsputtinginmoreandmoredriveƷŷƩƚǒŭŷͷƭandgettingridofnicerSitdownrestaurantsΑźƷ͸ƭlikeƷŷĻǤ͸ƩĻ disappearing.LƷ͸ƭreallyratherugly.WhyźƭƓ͸ƷthereanyinterestinmakingSantaAnamoreattractive? MyneighborssharemyopinionźƷ͸ƭnotsafe,itonlyinvitesmorecollisions,includingpedestrians. YouneedmoremoneyΑΑchargethebackyardbreeders.Wearethepeoplepayingthepropertytaxes,andyetitfeels likewehavenosayinthedowngradingofSantaAna. Pleaseconsiderthepeoplewholiveinthisarea,thechildrenwhoattendtheschoolacrossthestreet,theseniorcitizens, whoshopthereoftenonfoot.Plansomethingelsebutnoaĭ5ƚƓğƌķ͸ƭatSantaClaraandtustin.Itsdangerous. PamelaBalidoy 2604N.Linwood SantaAna92705 ~OntheWingsofaDove~ 1 Ocampo, Nuvia From:D B <danielle.baquing@gmail.com> Sent:Saturday, February 24, 2024 4:56 PM To:eComments, PBA Subject:McDonaldÔs Hello, The traffic safety impact that a large McDonalds will have on a 2 lane street that is directly across the street from a busy Preschool and Woodlyn North Condominium complex, in addition to the Apartments and the single family homes next door will not be safe. The high majority of Santa Clara between Grand and Tustin Ave is only 2 lanes wide TOTAL, making this project unsafe for this location. I strongly oppose! Danielle Baquing This message was sent from a handheld wireless device. Any spelling or grammatical errors are inadvertent. 1 Ocampo, Nuvia From:Gomez, Pedro Sent:Thursday, February 22, 2024 4:16 PM To:eComments, PBA Cc:Ocampo, Nuvia Subject:FW: New McDonalds on Santa Clara Nuvia, Pleaseincludethiscommentaspartofthepubliccommentsreceivedfortheaĭ5ƚƓğƌķ͸ƭproject. Best, PedroGomez,AICP 3¤­¨®± 0« ­­¤± Ȟ 0« ­­¨­¦ $¨µ¨²¨®­ #¨³¸ ®¥ 3 ­³  !­  Ȟ ΑΏ #¨µ¨¢ #¤­³¤± 0« ¹ Ǿ 2®²² !­­¤· -ȃΑΏ Ȟ 3 ­³  !­ Ǿ #! ΘΑΖΏΐ 0§®­¤Ȁ ΖΐΓȁΕΕΖȁΑΖΘΏ Ȟ %¬ ¨«Ȁ ¯¦®¬¤¹͔² ­³ ȃ ­ ȁ®±¦ CƩƚƒʹDennisBarnes<dgbarnes@sbcglobal.net> {ĻƓƷʹThursday,February22,20244:15PM ƚʹGomez,Pedro<PGomez@santaana.org> {ǒĬƆĻĭƷʹNewMcDonaldsonSantaClara We are not in favor of a new mcdonalds to be built on 2109 Santa Clara..... We have one located 1.59 miles from this one.... it will bring nothing but more vehicles into this area..... I know the city wants more tax revue, but we DON'T need this in our community.... Thanks.. DB 1 Ocampo, Nuvia From:Candy Bartholomew <leditbswife@gmail.com> Sent:Tuesday, February 20, 2024 7:04 PM To:eComments, PBA Subject:McDonald's I oppose this project. Please protect us and our neighborhood. Sincerely, Candy Bartholomew 1 Ocampo, Nuvia From:Gomez, Pedro Sent:Monday, February 5, 2024 8:51 AM To:eComments, PBA Cc:Ocampo, Nuvia Subject:FW: McDonald's at Santa Clara Project Follow Up Flag:Follow up Flag Status:Flagged HelloNuvia, Pleasemakesurethiscommentisincludedinthepublichearingrecordforthe2/26PCMeeting. Best, Pedro CƩƚƒʹMaureenBayley<mo_bayleys@yahoo.com> {ĻƓƷʹThursday,February1,20244:56PM ƚʹGomez,Pedro<PGomez@santaana.org> /ĭʹDaveDenny<davenet19@gmail.com>;MariselaMontoya<mariselarealestate@hotmail.com>;DorisIdbayeh <idbayeh.doris@yahoo.com>;JennLuckham<jluckham@optimumpm.com> {ǒĬƆĻĭƷʹMcDonald'satSantaClaraProject Good afternoon Mr. Gonzalez, On behalf of the members of Woodlyn North Homeowner's Association, located directly across the street from this proposed location, we protest this project. When we have asked the City of Santa Ana for help with permits to install security gates (2030 E Santa Clara Ave) we were met with roadblocks due to the impact it would have on traffic. Our community has 87 households. Surely McDonald's will have a far greater impact on traffic at this busy intersection than our community. This is residential area and should not be rezoned to accommodate a large corporation over residents. Thank you for your consideration regarding this matter, Maureen Bayley Woodlyn North HOA Treasurer 1 Ocampo, Nuvia From:Ramona Benkey <ramonabenkey@yahoo.com> Sent:Sunday, February 25, 2024 11:11 AM To:eComments, PBA Subject:McDonald's As a resident living close to the proposed project I oppose to having a Mc Donald's build. My major concern is the increase in traffic . Bad location with the shopping center, preschool and apartments in close vicinity. I hope there is a different solution. Thank you Ramona Benkey 1418 Grovemont Santa Ana, CA 92705 Sent from Yahoo Mail on Android 1 Ocampo, Nuvia From:Beverly <beverly.j.george@gmail.com> Sent:Wednesday, February 21, 2024 6:07 AM To:eComments, PBA Subject:McDonaldÔs project Iamagainsttheaĭ5ƚƓğƌķ͸ƭprojectgoingforwardonSantaClarabetweenGrand&Tustin. ThiswouldbeatrafficsafetyissuesincealreadyhavetrafficduetoabusyPreschool&largeCondominiumcomplexin thissamearea.Wealsohaveachurchthatbringsinmoretraffic.Alsothisstreetisanentrancetoacemetery,more traffic. Pleasereconsideranotherareaforyourproject. Sincerely BeverlyGeorge SentfrommyiPhone 1 Ocampo, Nuvia From:Bill Bonnett <billbonnett@gmail.com> Sent:Wednesday, February 21, 2024 7:38 PM To:eComments, PBA Subject:Against proposed McDonaldÔs location on Santa Clara Ave TotheCityofSantaAna, Iamemailingtoexpressmyoppositiontotheaĭ5ƚƓğƌķ͸ƭthatisbeingproposedonSantaClaraAvenuenearTustin Avenue. Thislocationshouldnotberezonedtoaccommodatethecommercialuseofaaĭ5ƚƓğƌķ͸ƭrestaurant. ThecityjustcompletedaverycomprehensiverevisiontotheGeneralPlan,includingzoningofallareaswithinthecity. Thezoningoftheproposedparcelswerenotchangedduringthatprocess,andforgoodreason,źƷ͸ƭsimplyinappropriate tohavethoseparcelschangedtocommercialuse. Theaĭ5ƚƓğƌķ͸ƭrestaurantisnotagoodfitforthesurroundingarea,asaresultofthealreadyveryhightrafficflowand forbicyclistandpedestriansafetyconcernsinthatimmediatearea. TherearemanymoreappropriatecommerciallyzonedparcelsthatwouldbeamuchbetterfitfortheresidentsofSanta Ana. Regards, BillBonnett 20yearWard3residentofSantaAna 1 Ocampo, Nuvia From:Steve Bowers <sbowers628@hotmail.com> Sent:Wednesday, February 21, 2024 10:27 AM To:eComments, PBA Subject:Notice of Public Hearing - Project Location 2101 & 2109 East Santa Clara Ave To the Planning Commission, Our home is located on Catalina Avenue, which is just one block from the planned location under consideration for a McDonalds restaurant at 2101 & 2109 East Santa Clara Ave. Without access the developers plans, it is very difficult to imagine a very busy restaurant at this location. Traffic turning right from Santa Clara onto Tustin Ave spend a lot of time waiting for busy traffic heading west on Tustin. With the addition of a busy well known establishment at this corner will only make it more difficult for patrons exiting the location onto Santa Clara to merge with busy traffic on Santa Clara turning right. This location is precariously close to the corner of Tustin and Santa Ana. Patrons wanting to exit onto Tustin Avenue will be forced to turn right only. Obviously, many patrons will attempt to exit to the left across 3 lanes of traffic heading west on Tustin avenue. The location of this establishment is too close to a very busy corner. Yes, the developers will argue that several very well-known fast-food restaurants are th located just down the street at the corner of Tustin and 17 street. However, that location has a much larger lot size and flow of traffic was well planned out and does NOT conflict th with traffic turning from 17 onto Tustin Avenue or flowing east on Tustin Avenue past the restaurants. The addition of a fast-food restaurant at this location will only exacerbate an all-ready congested traffic corner. Regards, Steve Bowers 1 Ocampo, Nuvia From:Mindi Brawner <mindibrawner@gmail.com> Sent:Wednesday, February 21, 2024 7:06 PM To:eComments, PBA Subject:McDonald's Whoever sold executives on moving forward with this project must have pocketed something. This is the worst proposed area for a mcdonald's with the proposed size that is moving forward in project scope. I have over 40 years experience in facilities construction for law enforcement and fire dept and know the importance of public safety with any other. This is not a good idea and not a safe location. There isn't enough lanes for traffic as it is. And you wanna put a monstrosity up. I'm sure the highway patrol is also opposed. I completely oppose this project and encourage reevaluation from a third party and with an environmental impact study. 1 Ocampo, Nuvia From:Kevin Brennan <kbkevdog@yahoo.com> Sent:Friday, February 23, 2024 12:31 AM To:eComments, PBA Subject:McDonaldÔs Opposed to location for McDonalds fast food location of Tustin and Santa Clara Ave SA Ca. Sent from Yahoo Mail for iPhone 1 Ocampo, Nuvia From:Alan Britt <abritt.ronin@gmail.com> Sent:Wednesday, February 21, 2024 1:54 PM To:eComments, PBA Subject:McDonald's proposal Definitely not a good location considering the narrow street. Already problems with In and out and chic fil a from traffic. Not a good location in my opinion and many more who I talk to. Thanks for your consideration, Alan Britt 1 Ocampo, Nuvia From:Karen Meier <karen679395@gmail.com> Sent:Friday, February 23, 2024 5:29 AM To:eComments, PBA Subject:Proposed McDonaldÔs Towhomitmayconcern: IamwritingtourgeyoutostopthebuildingprojectofaMcDonaldsrestaurantonSantaClaranearTustinAve.inSanta Ana.ThisisahorrificideaandANOTHERdrivethrurestaurantisNOTneededinthisresidentialarea!Youhaveplentyof revenuegeneratingbusinessesalreadyinthearea!! Pleasetakethisconsiderationoffthetableandbemindfulofwhatotherpossibilitieswouldbebettersuitedforthis propertybecauseovertraffickingthislocationwouldbeextremelydetrimentalonallfronts!!! Thankyouforyourthoughtfulandattentivesensitivitytowhatwouldbethebestuseofthislandfortheresidents, existingbusinesses,trafficandsocialimpact. Sincerely, KarenBrookfield (AresidentofSantaAna,TustinandOldTownOrangefor56years)SentfrommyiPhone 1 Ocampo, Nuvia From:Taylor Brueseke <taylor.brueseke@gmail.com> Sent:Sunday, February 25, 2024 1:49 PM To:eComments, PBA Subject:McDonalds Dear Santa Ana City Council, As a resident of Santa Ana since 2017, I want to thank you for the work you do keeping our neighborhoods safe and secure. It has come to my attention that there is a proposal up for debate to install a 4,000 square foot McDonalds with a double lane drive through on the corner of Santa Clara Ave and Tustin Ave. I am STRONGLY OPPOSED to this construction. This densely populated area is across the street from the busy Plumfield Pre-school. Additionally, this area already manages a significant amount of pedestrian and automobile traffic due nearby high-density housing including apartments and condominiums. Adding the traffic of a busy McDonaldÓs in this location would put the safety of the families associated with the preschool as well as the residents at risk. Additionally, this intersection is a primary access point for Meridith Park residents to Tustin Ave and school busses utilize this route with nearby pick up and drop offs. Furthermore, Santa Clara is only one lane in each direction and adding a double lane drive through to this location could greatly impair traffic going into and out of Meredith Park. I urge you to VOTE NO on any proposal to put a dangerous, high-traffic, establishment in our neighborhood. Thank you, Taylor Brueseke, MD 1810 Catalina Ave Santa Ana, CA 92705 1 Ocampo, Nuvia From:viviane buchanan <viviyenski@gmail.com> Sent:Tuesday, February 20, 2024 10:28 PM To:eComments, PBA Subject:McDonaldÔs Pleasereconsiderthepossibilityofputtingupaaĭ5ƚƓğƌķ͸ƭonSantaClaraatTustinarea.IliveinWoodlynNorth Complexacrossthestreetfromthatarea,andasitstandsrightnow,trafficmakesitdifficultgettinginandoutofmy complexontoSantaClara,ineitherdirection.Wehaveanexistingaĭ5ƚƓğƌķ͸ƭaroundthecornerbasicallyasitis.Plusa chickfilletandInandOutjustaroundthecorneronTustinand17th,thatalreadycausesridiculoustrafficproblems duringcertainhoursoftheday.WhatistheCityCouncilthinkingthesedays.LƷ͸ƭsimplyinsanity!!!Pleaseplease ƦƌĻğƭĻͶ͵ķƚƓ͸Ʒbesogreedyabouttaxbenefits,andconsiderthequalityoflifeofthosewholivehere!!!Iunderstanda 7/11andgasstationisbeingconsideredforthecornerofSantaClaraandTustin,rightnexttoapreschool,andmy complex.{ĻƩźƚǒƭƌǤͶ͵ǞŷğƷareyouguysthinking!!!!Thehealthhazardsareterrifying!!!Especiallyforthechildrenwho wouldbeexposedtothis!!Trytoputanyoneifthesenextdoortoyou,andIamsureallhellwouldbreakout!!Comeon ŭǒǤƭͶǤƚǒneedtorethinktheseridiculousideasout,andthinkaboutthepeoplewholiveintheseareas.LƷ͸ƭoutand outbaddecisionƒğƉźƓŭͶ͵ƚǒƷandoutwrong!!! 1 Ocampo, Nuvia From:Elaine <ecali921@gmail.com> Sent:Wednesday, February 21, 2024 9:59 AM To:eComments, PBA Subject:No McDonaldÔs on Santa Clara IĻƌƌƚΓ Iopposetheplantoestablishalargeaĭ5ƚƓğƌķ͸ƭinthissemiresidentialğƩĻğΓthisprojectwouldcauseadditional trafficcongestionandisalsoadjacenttoapreƭĭŷƚƚƌΓ Pleasereconsiderthisproject! Thankyou, SentfrommyiPhone ElaineCali 7144588628 1 Ocampo, Nuvia From:yrcasate <yrcasate@gmail.com> Sent:Wednesday, February 21, 2024 5:41 PM To:eComments, PBA Subject:McDonalds City Staff, PLEASE do what is best for your city residents and stop the proposed McDonald's in Santa Clara Ave. This area is already very congested and adding such a restaurant will create tremendous amount of traffic. This cannot be safe for the residents in the area which is already congested during peak hours. There is no way a restaurant like this will make the neighborhood better. Please put your residents safety first before corporate profits and tax revenues for the city. It the right thing to do. Thank you, Yuri 1 Ocampo, Nuvia From:Vannn <charcovanessa44@gmail.com> Sent:Wednesday, February 21, 2024 4:44 PM To:eComments, PBA Subject:McDonaldÔs This is Vanessa Charco, new home owner of one of the condos in Woodlyn Condominiums. I oppose the proposal of a McDonaldÓs being built across the street. My husband and I purchased this home less than a year ago as a new married couple and as young 25 year olds. Purchasing this home at a young age was a huge accomplishment for us, we took the neighborhood, preschool, and parks into consideration when we decided to purchase. Living in this community has been peaceful and has felt safe. I am delivering my baby in a few months and it scares me to think that a McDonalds is going to built right across the street. All of our savings went to a home that we thought would be safe, respected and would only grow in value. With a McDonaldÓs being built across the street, it causes many concerns from us, homeowners. Traffic will increase and it frightens me for my child as she grows up and wants to go for a walk or ride her bike on the side walk. What will happen when traffic rises, and speeding cars try to get their unhealthy burgers and drive while on their phones. This is not safe for my child, or the children in the preschool. The condo values will also loose value. This means that the people who spent their whole life savings to buy a condo will lose out on what they dreamed of. There will be an increase in drug addicts asking for money outside of the McDonaldÓs. It is not okay to have syringes and beer bottles around the neighborhood for our children, or dogs. This community is very peaceful and we have trouble with traffic at times at is. I have had moments where people are turning into the stater brothers illegally and almost hit me. Imagine how I feel as a 8 month pregnant woman carrying my first child almost getting hit. I know that with the placement of a McDonaldÓs it will only increase the car accidents, this is family friendly neighborhood, children will be hurt in these accidents if there are traffic jams. Aside from traffic jams, why add more fast food places that no one asked for within the 1,000 feet of living there. I saw people trying to get signatures to support McDonaldÓs at Portola Park from people that were just visiting the park and they didnÓt even live in the community. People were signing who drove to the park, this gives me a big signal that they do not live close to the park. That day I walked to the park because unlike them, I live close the park and I did not sign because I am AGAINST the McDonaldÓs. We already have a McDonalds 7 minutes away, 1.2 miles away. Why do we need another one? It is not okay to bring traffic to a peaceful community, get signatures from people who do not live in the area, cause homeowners across the street to feel unsafe in their and home and support the rise in obesity. I oppose the McDonaldÓs being built and I hope you take my voice into consideration. 1 Ocampo, Nuvia From:Mark Cheney <mcheneyshop32@gmail.com> Sent:Sunday, February 25, 2024 1:50 PM To:eComments, PBA Subject:McDonaldÔs Greetings, As a third generation Orange Countian , And homeowner in the Foothill School district , I vehemently oppose, putting a McDonaldÓs on Santa Clara. We have enough problems in the area with the homeless and Other elements at the Del taco on the corner With the preschool and apartments nearby, we donÓt need more traffic Please consider another use for This property A better use would be residential townhomes, or condos or apartments Thank you for reading my opinion Mark Cheney 1 Ocampo, Nuvia From:Donna Cramsie <donnacramsie@yahoo.com> Sent:Monday, February 26, 2024 11:07 AM To:eComments, PBA Subject:Planning Commission: Proposed McDonald's North/East Santa Ana Good Day, I am writing to share my concerns about the proposed McDonald's on Santa Clara Avenue. As a resident of a Meredith Terrace home for 12 years, I am opposed to this fast food use in this location. Santa Clara already has a high traffic problem during the early morning and early evening commute to schools/work on the weekdays. The lanes back up both ways during these hours, and this use would exacerbate this issue. I am concerned about the traffic exiting this proposed site turning Right only. Although this would be safer, it will then cause people to make unsafe U turns or left turns into the streets just West of the exit for those wanting to head back to Tustin Avenue or head East on Santa Clara. Additionally, our residential egress was already reduced to 1 lane on Ridgewood due to bike lanes last year, causing more of a back up waiting for cars to turn left onto Santa Clara, which is very busy. Those turning right now have to wait for 1 car at a time to turn. Heavier traffic for those leaving McDonald's will cause more concern increasing the cars turning into our streets and causing more of a back up on this egress. The noise pollution of this fast-food restaurant at late hours and the increased foot traffic are additional concerns. We frequent Stater Brothers and getting in & out of this parking area from Santa Clara is already congested. Plus the accidents on Tustin Avenue & Santa Clara intersection are already a constant concern, and increasing the traffic will only contribute to this misfortune. Myself and other neighbors have had accidents to no fault of ours in this very busy intersection, sadly. The added light to turn left in either direction on Santa Clara has been a benefit, thank you. This is not a good use and for these reasons I am opposed to this McDonald's location. Please deny this proposal. Thank you kindly, Donna Cramsie 1917 E Avalon Avenue, Santa Ana 1 2 Ocampo, Nuvia From:J Cramsie <jcramsie72@yahoo.com> Sent:Monday, February 26, 2024 6:23 AM To:eComments, PBA Subject:Planning Commission Mtg_2024-02-26_Public Hearing Item 2 Comments To whom it may concern, I am resident in the vicinity of the proposed McDonalds, located at the intersection of Santa Clara Avenue and Tustin Avenue. I live off of Santa Clara, across from the Santa Ana Cemetery, for over 10 years. I was reviewing the IS/MND document that was posted on the City website provided in the notice sent to my house. However, I discovered that none of the Appendies were included with the document. After much searching, I was finally able to find the appendies, through the Planning Commission Agenda. In the future it would best to included ALL the documents into a single PDF so people would not have to search for documents in multiple locations. While reviewing the WQMP information, it notes that the infiltration rates, at 5 feet in depth, for the site are 0.22 in/hr and 0.18 in/hr, per a geotechnical report dated October 9, 2021 and that it was attached. In reviewing the geotechnical report, it references the percolation data can be found in Appendix C of the report, but it was not include, and neither was Appendix B. Without being able to review the complete document, verification of the values can not be determined and therefore, can not be confirmed. The plans show the use of underground storage chambers, that would collect the water before being pumped. The plans shown a gravel base under the chambers, it the intent to allow for some infiltration of stormwater? In reviewing the Transportation Analysis (Appendix K), several questions/concerns come to mind. The study area primarily focused on Tustin Avenue and the only analysis done for Santa Clara was the driveway to site. What about the increased traffic on Santa Clara, specifically westbound traffic from the project site due to vehicles not being allowed to turn left out of driveway? Currently the drive aisle backs up when a vehicle is trying to make the left out of the site and can not because the EB left turn pocket is stacked up. This is a concern in the AM and PM timeframes when vehicles are either access the freeway in the AM a=or return home in the PM. Vehicle who are forces to turn right out of the project site onto Santa Clara, who actually wanted to turn left, will be forces to make U-turns at existing residential streets, causing potential conflicts with residents existing their tracts. The Queueing Summary (Table 3-2), in my opinion is flawed. In the EB, WB and NB direction, there are 2- way left turn lanes proceeding the defined turn pocket lengths and from personal experience the que of vehicles, vehicles back up into those 2-way lefts on a regular basis. Especially in the NB direction in the PM, the EB direction in the AM and PM. Also, the SB is being shown at 150 feet, but since there this is a duel left, with each lane being 150 feet, the que can be doubled. In Section 4, how was the Trip Direction Split determined? Also, is this split representative of the AM or PM? I would think in the AM, more vehicles would be heading to the freeway and less back onto Santa Clara, which is mostly comprised of residential areas with no immediate access to a freeway. The PM would logically have more vehicles coming from Tustin Avenue, since they would be coming from freeways. Making a single assumption of the split for both conditions causes false conclusions or results of the analysis. The analysis indicates that the drive through can accommodate 16 vehicles, however, based on the configuration, should there be a peak of over 16 vehicles, the main driveway aisle from Santa Clara to the rest 1 of the shopping center would be blocked and therefor cause a back up of vehicles, potential backing up onto Santa Clara. Also, where there a reason why only AM and Mid-Day queueing was evaluated? What about in the PM? This is a bigger concern and the peak demand to access the Stater Brother store is highest in the evening, during the 4-6 PM timeframe, which would be the same time as another peak time for the project. I analysis used 3 other project sites, but were the conditions similar to those at this location or were they just looking at the duel drive thru condition? Per the analysis and Table 1-3, improvements are needed as part of the Horizon Year (2040), specifically a 2nd NB left at the intersection of Santa Clara and Tustin. Are the fair share fees being paid today or at the time of the improvements? What is the purpose of Section 9 of the Transportation Analysis? If the project has identified the need from improvements to existing transportation infrastructure, then it should be the developer paying for those improvements and not the City. In conclusion, as a long time resident on the vicinity of the project, the impact from the increase traffic is a major concern and therefore I am strongly against the project as it is proposed. I am requesting the Planning Commission to deny approval of this project. Thank you for your consideration of these comments. 2 Ocampo, Nuvia From:MARK DELANEY <marknmn@gmail.com> Sent:Friday, February 23, 2024 3:15 PM To:eComments, PBA Subject:McDonalds at Tustin and Santa Clara ** This is a very dangerous proposal considering that Plumfield Preschool and a large condo complex is directly across the street from this site. * Note * Both In and Out along with Chick Filet have double wide drive through lanes and I'm sure that most of you have seen the traffic jams trying to get in and out of these restaurants. It is also common to see private security directing the traffic into these restaurants. Imagine the traffic safety impact that a large McDonalds will have on a 2 lane street that is directly across the street from a busy Preschool and a large Condominium complex ? Then add the Apartments next door and the single family homes next to that. The high majority of Santa Clara between Grand and Tustin Ave is only 2 lanes wide ( Total ). This project is NOT safe for this location 1 Ocampo, Nuvia From:Gomez, Pedro Sent:Thursday, February 1, 2024 1:39 PM To:eComments, PBA Subject:FW: FW: McDonaldÔs drive-through restaurant at Santa Clara project Follow Up Flag:Follow up Flag Status:Flagged HelloNuvia, th IĻƩĻ͸ƭasecondcommentlettertoincludefortheaĭ5ƚƓğƌķ͸ƭprojectfortheFebruary26PlanningCommission meeting. Thankyou, Pedro CƩƚƒʹDavidDenny<davenet19@gmail.com> {ĻƓƷʹThursday,February1,20241:26PM ƚʹGomez,Pedro<PGomez@santaana.org>;debbiefred@sbcglobal.net {ǒĬƆĻĭƷʹFwd:FW:aĭ5ƚƓğƌķ͸ƭdrivethroughrestaurantatSantaClaraproject Mr. Gomez Good Afternoon, Please see my original email below on the concerns and request to deny the building of the McDonald's at N. Tustin/E. Santa Clara Ave, Santa Ana. Please make sure that my email is included in the City's Planning upcoming Public Hearing this month. Thank you, Dave Denny 2034 E Santa Clara Ave C1 Santa Ana, CA 92705 CƩƚƒʹDavidDenny<davenet19@gmail.com> {ĻƓƷʹThursday,March16,20239:10AM ƚʹPezeshkpour,Ali<APezeshkpour@santaana.org> /ĭʹMaureenBayley<mo_bayleys@yahoo.com>;MariselaMontoya <mariselarealestate@hotmail.com>;DorisIdbayeh<idbayeh.doris@yahoo.com> {ǒĬƆĻĭƷʹPlannedMcDonald'ssite(N.TustinAve/E.SantaClaraAve),SantaAna Ali 1 Good Morning, I am emailing you out of concern for the planned construction of a new McDonald's located close to the intersection of N. Tustin Ave/E. Santa Clara Ave, next to the CHP office. I am the President of the Woodlyn North community of homes that is directly across the planned McDonald's. My community's biggest concern is the severe traffic congestion the new McDonald's will create at our complex entrances and at the intersection of N. Tustin/E. Santa Clara Ave. The vast majority of Homeowners in our community are not in favor of the McDonald's being built at this location. Several years ago, our community worked with the City of Santa Ana to construct 2 street side parking spaces at the front of our complex, after multiple Traffic studies were completed, the City deemed the traffic congestion creation of the 2 parking spaces would be too significant and did not allow for the build of additional parking. My question is, has the City started a new traffic study for the intersection and street where the planned McDonald's is to be built ? I request that the planning commission review the past studies done for the Woodlyn North community to assist in expediting the denial of construction for the new McDonald's. What is the best way to stay informed and updated of the City's planning commission findings and approval process for the new McDonald's ? Kind Regards, David Denny 2034 E. Santa Clara Ave C1, Santa Ana, 92705 (714-599-2272) CƩƚƒʹDebraFrederickson<debbiefred@sbcglobal.net> {ĻƓƷʹThursday,February1,202411:40AM ƚʹJennLuckham<jluckham@optimumpm.com> {ǒĬƆĻĭƷʹFwd:aĭ5ƚƓğƌķ͸ƭdrivethroughrestaurantatSantaClaraproject 2 Sent from my iPhone Begin forwarded message: From: "Gomez, Pedro" <PGomez@santa-ana.org> Date: February 1, 2024 at 11:24:00AM PST To: Debra Frederickson <debbiefred@sbcglobal.net> Cc: Denise Hundt <dhundt@sbcglobal.net> Subject:RE: McDonaldÓs drive-through restaurant at Santa Clara project HelloMs.Frederickson, Thankyouforprovidingyourcomments,theyhavebeenreceivedbythePlanningDepartment. Pleasenotethatyourcommentswerereceivedduringtheenvironmentaldocument20daypublic reviewperiod.Theprojecthasyettobeagendizedforapublichearing.However,itistentatively scheduledforpublichearingonFebruary26,2024. Foryourconvenience,IhaveforwardedyourcommentstothePlanningCommissionRecording SecretaryviaemailatPBAecomments@santaana.org.Thisistoensurethatyourcommentsareentered intothepublichearingrecordandconsideredbythePlanningCommissionintheirdecisiononthe project. Pleaseletmeknowifyouhaveanyotherquestions. Best, PedroGomez,AICP 3¤­¨®± 0« ­­¤± Ȟ 0« ­­¨­¦ $¨µ¨²¨®­ 3 #¨³¸ ®¥ 3 ­³  !­  Ȟ ΑΏ #¨µ¨¢ #¤­³¤± 0« ¹ Ǿ 2®²² !­­¤· -ȃΑΏ Ȟ 3 ­³  !­ Ǿ #! ΘΑΖΏΐ 0§®­¤Ȁ ΖΐΓȁΕΕΖȁΑΖΘΏ Ȟ %¬ ¨«Ȁ ¯¦®¬¤¹͔² ­³ ȃ ­ ȁ®±¦ CƩƚƒʹDebraFrederickson<debbiefred@sbcglobal.net> {ĻƓƷʹThursday,February1,202411:02AM ƚʹGomez,Pedro<PGomez@santaana.org> /ĭʹDeniseHundt<dhundt@sbcglobal.net> {ǒĬƆĻĭƷʹaĭ5ƚƓğƌķ͸ƭdrivethroughrestaurantatSantaClaraproject To Mr. Pedro Gomez, senior planner City of Santa Ana, planning division 20 Civic Center Plaza, Ross annex M Î 20 Santa Ana, CA 92701 As a property owner of 2026 East Ave., D4, Santa Ana, I would like to express my strong opposition to adopt and approve the construction of a 24 hour drive-through restaurant, namely, McDonaldÓs at Santa Clara and Tustin Avenue. This is a detriment to the quality of life of all residents at the Woodland North condominium complex. A fast food, 24 hour operation would bring vehicle traffic, truck deliveries, trash pick up, increased traffic, and night lighting, that would negatively impact the residence of the area. First and foremost, many new commercial food service businesses have opened on 17th St. and Tustin Avenue along with E. Santa Clara and Tustin Avenues. Those businesses have negatively impacted the traffic on E. Santa Clara Ave. This will lead to even more congestion, traffic hazards, significant environmental issues for the local residents and pedestrians that currently use the streets and crosswalks. The traffic is horrendous! Additionally, this type of commercial project will negatively affect the property values to the homeowners in the area! This would be absolutely unfair! Santa AnaÒs sanctuary city status has 4 already brought unwanted crime, vagrants, and drug trafficking to our quiet community. A 24 hour operation would give those people along with other homeless or indigent people a location to loiter! We have children in our community! We have elderly in our community! We have NO protective gates, because the City wonÓt approve them, to keep out the kind of people that this operation, and others like it, invite into a peaceful neighborhood. This is our home! This is our privacy! This is our peace of mind! Please help us protect ourselvesÈ Think about how you would feel if this were in your backyard. Sincerely, Debra Frederickson, Trustee, Jessie Pearson trust 2026 E. Santa Clara Ave., D 4 Santa Ana, CA 92705 Sent via email 2-1-24 5 Ocampo, Nuvia From:Ada Estevez <noehe6@gmail.com> Sent:Wednesday, February 21, 2024 12:38 PM To:eComments, PBA Subject:NO MC DONALD IN SANTA CLARA & TUSTIN AVE. HOLA MI NOMBRE ES ADA Y ME OPONGO ALA CONSTRUCCION DE ESTE RESTAURANTE YA QUE MUCHOS ALUMNOS DE ESCUELAS DEL DISTRITO DE TUSTIN CAMINAN Y MANEJAN SU SCOOTERS POR ESTA CALLE PUESTO QUE LA CALLE SANTA CLARA ES MENOS TRANSCITADA QUE LA 17, SO POR FAVOR PIENSE EN LA SEGURIDAD DE LOS NIÑOS, NO QUEREMOS UN ACCIDENTE Y MUCHO MENOS UNA MUERTE SOLO PORQ USTEDES LES IMPORTA MAS EL DINERO QUE LA VIDA , GRACIAS Y QUE DIOS LOS ILUMINE EN SU DESICION. 1 Ocampo, Nuvia From:tom1@joanasena.com Sent:Thursday, February 22, 2024 10:38 PM To:eComments, PBA Subject:McDonalds on Santa Clara WeareSTRONGLYopposedtotheproposaltobuildaMcDonaldsresturantonSantaClaraavenueformanyreasons. BecausetherewillbenoaccesstoTustinAvenuetherewillbeaLOTofcarsmakingillegalUTurnsonSantaClarastreet. TherealreadyisaproblemwithpeoplemakingdangerousturnsintothenearbyInandOutincludingfrequentdrivingon thewrongsideoftheroad'scenterline.IanonlyimaginehowmanyrecklessuturnswillhappeninfromoftheCHP officeandfartherdownSantaClara.ThesedriverswillalsocutoffcarsturningrightonSantaClarafromtheStater Brotherseasementdriveway. Thisisareallybadlocationforanykindofdrivethroughrestaurant. JoanaandTomFarmer 1409BeechwoodStreet 1 Ocampo, Nuvia From:Susan Ford <jeffandsusanford@yahoo.com> Sent:Saturday, February 24, 2024 3:38 PM To:eComments, PBA Subject:McDonaldÔs on Santa Clara Isupportthebuildofaaĭ5ƚƓğƌķ͸ƭatSantaClaraandTustin.Thatcornerneedsbusinesseswhocansupportour communityandtherearemanypeoplewhowoulduseit,includingme. SusanFord 2536ParkLake SantaAna SentfrommyiPhone 1 Ocampo, Nuvia From:Diane Fradkin <dianefradkin@hotmail.com> Sent:Saturday, February 24, 2024 3:24 PM To:eComments, PBA Subject:Proposed McDonald's on Santa Clara - Vote NO! DearHonorablePlanningCommissioners: IwantedtoexpressmyconcernregardingtheproposedMcDonald'storeplacethe2historichomesat2101 and2109E.SantaClara. Firstoff,thezoningisresidentialatthislocationandsowouldrequireazonechange.Ibelievethatthereisa planningreasonthose2lotsarezonedresidentialastheaccessispoorandalsoclosetoabusyintersection(Tustin &SantaClara). Mostquickserverestaurantsareusuallylocatedatintersectioncorners(ie:theDelTaco)aswellasalong commercialcorridors.Thislocationisneither. ThatsideofSantaClaraisalreadyverybusywiththetrafficrightturningandleftturninginandoutofthedriveway attheStaterBrosshoppingcenter.Acrossthestreet,thereisadaycarethatisbusycertaintimesofthedaymaking leftandrightturnsinandoutontoSantaClara,alongwithcondoandapartmenthousingwhichalsogeneratestrip trafficduringthehighpeakmorningandeveninghours. Importantly,thereisn'tenoughseparationfromtheStaterBrosdriveway(nexttotheDelTaco)fromtheproposed proposedaccessfortheMcDonald's.Also,atraffic McDonald's.TheStaterBros'drivewayistooclosetothe nightmarewoulddevelopwithcarsaccessingMcDonald'sfromleftturnsinandleftturnsoutontoSantaClara.Next door,youalreadyhavethatexactsituationattheStaterBros'drivewaywhichbarelyworks,especiallyduringhigh peaktraffichours.Lastly,thestreetisnotwideenoughtoaccommodatesuchtrafficinthatlocationandinfact, veryneartheproposedlocationitbecomesonelaneoneachside. AddingtheproposedMcDonald'swouldonlymakeforaverydangerousandpotentiallylethaltrafficpattern. IurgeyoutovoteNOontheproposedMcDonald'sandworktowardsamorecompatibleuseforthe redevelopmentofthose2residentiallots. ThankyouforyourserviceandforsupportingthecitizensofSantaAna. Sincerely, DianeFradkin 32yearSantaAnaresident 1 Ocampo, Nuvia From:Gomez, Pedro Sent:Thursday, February 1, 2024 11:12 AM To:eComments, PBA Subject:FW: McDonaldÔs drive-through restaurant at Santa Clara project Follow Up Flag:Follow up Flag Status:Flagged NuviaΑCanyoupleasemakesurethiscommentisincludedinthepublicrecordfortheaĭ5ƚƓğƌķ͸ƭprojectschedulefor th PlanningCommissionmeeting? theFebruary26 Theprojectaddressis2101and2109E.SantaClaraAvenue: AA20241 CUP20241;and CUP20242 Letmeknowifyouhaveanyquestions. Best, Pedro CƩƚƒʹDebraFrederickson<debbiefred@sbcglobal.net> {ĻƓƷʹThursday,February1,202411:02AM ƚʹGomez,Pedro<PGomez@santaana.org> /ĭʹDeniseHundt<dhundt@sbcglobal.net> {ǒĬƆĻĭƷʹaĭ5ƚƓğƌķ͸ƭdrivethroughrestaurantatSantaClaraproject To Mr. Pedro Gomez, senior planner City of Santa Ana, planning division 20 Civic Center Plaza, Ross annex M Î 20 Santa Ana, CA 92701 As a property owner of 2026 East Ave., D4, Santa Ana, I would like to express my strong opposition to adopt and approve the construction of a 24 hour drive-through restaurant, namely, McDonaldÓs at Santa Clara and Tustin Avenue. This is a detriment to the quality of life of all residents at the Woodland North condominium complex. A fast food, 24 hour operation would bring vehicle traffic, truck deliveries, trash pick up, increased traffic, and night lighting, that would negatively impact the residence of the area. First and foremost, many new commercial food service businesses have opened on 17th St. and Tustin Avenue along with E. Santa Clara and Tustin Avenues. Those businesses have negatively impacted the traffic on E. Santa Clara Ave. This will lead to even more congestion, traffic hazards, significant environmental issues for the local residents and pedestrians that currently use the streets and crosswalks. The traffic is horrendous! Additionally, this type of commercial project will negatively affect the property values to the homeowners in the area! This would be absolutely unfair! Santa AnaÒs sanctuary city status has already brought unwanted crime, vagrants, and drug trafficking to our quiet community. A 24 hour operation would give those people along with other homeless or indigent people a location to loiter! We have children in our community! We have 1 elderly in our community! We have NO protective gates, because the City wonÓt approve them, to keep out the kind of people that this operation, and others like it, invite into a peaceful neighborhood. This is our home! This is our privacy! This is our peace of mind! Please help us protect ourselvesÈ Think about how you would feel if this were in your backyard. Sincerely, Debra Frederickson, Trustee, Jessie Pearson trust 2026 E. Santa Clara Ave., D 4 Santa Ana, CA 92705 Sent via email 2-1-24 2 Ocampo, Nuvia From:George Kris <gk92705@hotmail.com> Sent:Saturday, February 24, 2024 10:21 AM To:eComments, PBA Subject:Mcdonald's I'mextremelyconcernedabouttheproposaltobuildaMcDonaldwithadoublewidedrivethroughwestofthe intersectionofTustinAvenueandDantaClarainSantaAna.Thechiefissueatstakeistrafficsafetyfortheentire community.includingthelargeWoodlynNorthCondominiumcomplexwhereIreside,thePlumfieldPreschool,andtwo apartmentcompexes.Thesecondconcernisincreaseinnoisepollutionandloiteringthatoftentakesplacewithlate nightfastfoodestablishments. GeorgeKyriakidis 2030E.SantaClaraAvenue,UnitH1,SantaAna,CA92705 1 Ocampo, Nuvia From:Robert Guevara <guevara_robert@yahoo.com> Sent:Thursday, February 22, 2024 12:05 PM To:eComments, PBA Subject:McDonalds - Traffic SAFETY is the primary issue - 2101 and 2109 E. Santa Clara Hello, I am a resident of the condominiums that are across from this project, we would like to not have this move forward with as the streets are one lane on each side and will drive the already pressing issues of homeless members around the neighboring preschool. There are lot of elderly people in the vicinity as the roads will be congested and unable to drive through if this project is moved forward with. Please take this email into consideration of the community to not move forward with this project. Thank you Robert Guevara 1 Ocampo, Nuvia From:Rhonda Hain <rhain@pacbell.net> Sent:Sunday, February 25, 2024 8:59 PM To:eComments, PBA Subject:McDonalds NO! NO! NO! NO!!!! NO!!!!! Please! Santa Clara Street CANNOT Handle the additional traffic! The high majority of Santa Clara between Grand and Tustin Ave is only 2 lanes wide ( Total ). Not to mention the addition of very late night & early AM traffic which will certainly impact the theft and burglary problems we already have in all the open carports directly across the street and a private community swimming pool frequently used by the homeless. All these problems will be magnified by this MacDonalds being allowed to operate in this residential communty! Current Santa Clara traffic issues and concerns include: 1. Access to and from Plumfield Daycare 2. Access to Stater Brother shopping center 3. CA Fire department access to get to Tustin Ave. 4. Cemetary accesses. 5. Numerous condo and apartment complexes access. No parking is allowed on the majority of Santa Clara as there is not enough room for fire and emergency equipment to pass safely. This project is NOT safe for this location. Thanks for your time to listen. Rhonda Hain 2030 E Santa Clara Ave., N3 Santa Ana, CA 714-360-3479 1 Ocampo, Nuvia From:Brittany Hills <bhills12@yahoo.com> Sent:Wednesday, February 21, 2024 1:39 PM To:eComments, PBA Subject:No to McDonaldÔs Hello, L͸ƒwritingthisisregardstotheideaofbuildingaaĭ5ƚƓğƌķ͸ƭonthecornerofTustinandSantaClarainSantaAna. ThisisNOTasafeidea!Itwouldmakethisstreet/intersectionverybusyanddangeroustothecommunity.Preschool acrossthestreet,youngkidsinthecondosrightnexttothesehouses.IvoteNOonaĭ5ƚƓğƌķ͸ƭͧ Respectfully, Brittany 1 Ocampo, Nuvia From:Denise Hundt <dhundt@sbcglobal.net> Sent:Tuesday, February 20, 2024 7:31 PM To:eComments, PBA Subject:McDonaldÔs WeliveonSantaClara.Thetrafficisaproblemalready.Whyonearthwouldweneedafastfooddrivethrough restaurantthatwouldjambuptrafficmorethanitisnow.Thefoodishorribleandbadforyourhealthandchildren growinguponthatjunkfoodistheworstwayforthemtoeat.TeachthemtoeathealthyfoodƷŷğƷ͸ƭgoodfortheirwell being.Weloveourcityandinsteadofwastingmoneyonafastfoodrestaurantiscompletelywrong.Weneedtogetthe homelessoffthestreets,sidewalks,andbusstops.Everydaybecomesworseandunsafeforpeopletolivehere.No aĭ5ƚƓğƌķ͸ƭͧWeķƚƓ͸Ʒwantyounearourneighborhood!Stayout! wecertainlyķƚƓ͸Ʒneedanotherfastfoodplacehere. VeryconcernedresidentforthefutureofourcitySantaAna. SentfrommyiPad 1 Ocampo, Nuvia From:Gomez, Pedro Sent:Monday, February 5, 2024 8:50 AM To:eComments, PBA Cc:Ocampo, Nuvia Subject:FW: McDonald's Project Follow Up Flag:Follow up Flag Status:Flagged HelloNuvia, Pleasemakesurethiscommentisincludedinthepublichearingrecordforthe2/26PCMeeting. Best, Pedro OriginalMessage From:DorisIdbayeh<idbayeh.doris@yahoo.com> Sent:Friday,February2,20248:04AM To:Gomez,Pedro<PGomez@santaana.org> Subject:McDonald'sProject Hello,L͸ƒahomeowneratWoodlynNorth.MyhusbandandIareagainstthisproposalforaaĭ5ƚƓğƌķ͸ƭtobebuiltin ourneighborhood.Thiswouldhaveahighimpactoftrafficinthisarea.Italreadyhasenoughtraffic,tryingtogetinto ourcomplexatpeakhourscanbeverydifficult.SoL͸ƒextremelyopposingthisproject. BestRegards, DorisIdbayeh 1 Ocampo, Nuvia From:Johnson, Erin <Erin.Johnson@anixter.com> Sent:Tuesday, February 20, 2024 9:04 PM To:eComments, PBA Subject:McDonalds Hello, L͸ƒwringtoopposeanewMcDonaldsbeingbuiltonSantaClara/TusnnexttotheCHP.SantaClaraisasmallstreetwitha preschoolrightacrossfromtheproposedlocaon.Thelastthingthatareaneedsisarestaurantwherehomelesspeoplewillbe hangingoutacrossfromapreschool. Thankyouforyourconsideraon. Erin Johnson Representative - Outside Sales/OEM Division office 714-779-0500 | cell 714-277-9531 | Erin.Johnson@anixter.com 5055 East Landon Drive, Anaheim, CA 92807-1945 1 Ocampo, Nuvia From:garden4me@email.com Sent:Wednesday, February 21, 2024 5:49 PM To:eComments, PBA Subject:: MacDonalds Sentusingthemobilemailapp On2/21/24at5:45PM,garden4me@email.comwrote: >>PleasedonotapproveMacDonaldsonSantaClaraandTustin. >>WestronglyopposetheproposedzonechangeandbuildingonMacDonaldsonEastSantaClaraandTustinAv. >>Trafficisourmainobjection.PleaselistentotheresidentsandvotersofSantaAna >> >>Thankyou >>JaneJohnson >>Sentusingthemobilemailapp > 1 Ocampo, Nuvia From:Alyssa Jones <grasshopper_1331@yahoo.com> Sent:Wednesday, February 21, 2024 2:43 PM To:eComments, PBA Subject:McDonalds Good morning I am a homeowner at 2030 E. Santa Clara unit F2, and I firmly oppose the building of the proposed new McDonaldÓs on the lots currently at 2101 and 2109 E. Santa Clara Avenue in Santa Ana. That point of Santa Clara is primarily residential. To put a 2472 Lane Dr. through restaurant across the street from a preschool a condo complex and next to an apartment complex is a safety and nuisance issue. The completion of this project will devalue all of the condos and surrounding home and put the residences at greater risk of petty theft, burglary, traffic accidents, congestion, and light pollution. That area of the block is too close to the intersectThat area of the block is too close to the intersection of Tustin and Santa Clara in order not to cause a giant back up trying to access the drive-through. Not only will this project, destroy home values and put children at risk, it will create traffic back ups, increased litter, and an overall decline in the area. Do not allow these currently residential lots to be destroyed by a mega project better suited for a main commercial/retail area. Thank you, Alyssa Jones and Richie Walsh 949-903-6013 1 Ocampo, Nuvia From:Patricia Kane <j1pkane@pacbell.net> Sent:Wednesday, February 21, 2024 5:16 PM To:eComments, PBA Subject: No Mac DonaldÔs on E Santa Clara Santa Ana Itisunfairtoalltheresidentsinthearea. 1.ThetwolaneroadwithbikelanescannotaccommodateallegresstrafficturningWestonSantaClarathenmakingU turnsatthetinyintersections.NottomentionhowdifficultitwillbeforresidentstoturnwestontoSantaClarafromthe condosandMeredithhomes. 2.TheleftturnfromTustinAvtoSantaClarawillbestackedupwaitingtogetintotheparkinglot3.TurningintoStater BrothersfromSantaClarawillbedifficult4.TheCityjustspentmillionsonthebikelanes,newdisabilitycurbing, narrowingtheentrancestotheneighborhood,thisprojectwouldnotworksafelywiththenewbikelanes. 5.Ialsoopposechangingthezoningtoaccommodateacorporation. 6.Thepreschoolhasbeenthereformanyyears.Moretrafficwillaffectparentspickinguptheirkidssafely. ItnotasafeprojectfromatrafficstandpointTheneighborhoodisagainstit. JamesandPatriciaKane SentfrommyiPhone 1 Ocampo, Nuvia From:Sean Keegan <seank_iphone@yahoo.com> Sent:Wednesday, February 21, 2024 7:24 PM To:eComments, PBA Subject:Support for the planned McDonalds I have seen a movement on Next Door to protest the planned McDonalds being proposed just West of the intersection of Tustin Ave. & Santa Clara in North / East Santa Ana because of Ðtraffic safetyÑ concerns. I just wanted to voice my support for this plan. A McDonald's in this area would be a great thing! Just my two cents. Reading the comments it is more a protest because of some peopleÓs rabid McDonaldÓs hatred rather than any rational reasoning, in my opinion. Thank you for listening. Sent from my iPhone 1 Ocampo, Nuvia From:Nicole Komanapalli <nicole@komanapalli.com> Sent:Wednesday, February 21, 2024 9:03 PM To:eComments, PBA Subject:Proposed McDonaldÔs project on E. Santa Clara- NO! Safety issue! To whom it may concern- The McDonald's project- being proposed on East Santa Ana. IS a ** Traffic SAFETY issue ** This projects location where the two historical homes (2101 and 2109 E. Santa Clara) and next to the easement that is behind Del Taco is too compacted. There us too much congestion where Santa Clara going West from Tustin Ave. turns from 2 lanes down to 1 lane. In addition, there are too many pedestrians crossing Santa Clara and Tustin Avenue, which is unsafe. ** This is a very dangerous proposal considering that Plumfield Preschool and a large condo complex is directly across the street from this site. * Both In and Out along with Chick Fil-A have double wide drive through lanes and the traffic jams trying to get in and out of these restaurants is very challenging.. The traffic safety impact that a large McDonalds will have on a 2 lane street that is directly across the street from a busy Preschool and a large Condominium complex is an unsafe and ridiculous proposal. In addition, with the Apartments next door and the single family homes next to that. The high traffic location of Santa Clara between Grand and Tustin Ave is only 2 lanes wide ( Total). This project is NOT a safe location and we do not need another fast food restaurant in our community. Please do not place this restaurant in that location! Nicole Komanapalli 949-635-9965 Sent from my iPhone 1 Ocampo, Nuvia From:George Kris <gk92705@hotmail.com> Sent:Thursday, February 22, 2024 12:53 PM To:eComments, PBA Subject:McDonald Project Safety Concern I'm strongly opposed to McDonald's Project in our neighborhood for multiple well known safety reasons. George Kyriakidis Get Outlook for Android 1 Ocampo, Nuvia From:Richard Larriva <rplarriva@gmail.com> Sent:Thursday, February 22, 2024 9:20 AM To:eComments, PBA Subject:Opposition to Proposed McDonalds Restaurant at 2101 & 2109 Santa Clara Theplantobuildaaĭ5ƚƓğƌķ͸ƭrestaurantattheabovelocationwillresultintrafficcongestionforthepreschool immediatelyacrossthestreet,thecondominiumsandhousesincloseproximitytotherestaurant.Recognizingthatthis projectisaStaterBrothersjointventure,neverthelessaccesstotheStaterBrothersmarketthatispooratbestwillbeall themoredifficultwithafastfoodrestaurantwithforcethroughimmediatelyadjacenttotheonlyothermarketaccess andegress. Additionally,theproposed24/7operationwillexposethepreschoolersandadjacentcondoresidentstonoxiousodors fromfryingmeatandotherdeepfriedfoodcookingexhaust24hoursaday. RickLarriva SentfrommyiPhone 1 Ocampo, Nuvia From:Maurita Lavy <maurita33@yahoo.com> Sent:Saturday, February 24, 2024 3:21 PM To:eComments, PBA Subject:McDonaldÔs on Santa Clara proposed - No Pleasedonotallowzoningchangetocommercial.Thedriveway,parkingandtrafficarealreadyanissue.Thereisa preschoolacrossthestreetandschoolbusstoponSantaClara./ŷźƌķƩĻƓ͸ƭsafetyshouldbetoppriority.Howabout allowingafourplexorleaveexistinghouses.Thereisashortageofhousing.Thereisnoshortageoffastfood. SentfrommyiPhone 1 Ocampo, Nuvia From:M Gay Leja <mgleja@hotmail.com> Sent:Thursday, February 22, 2024 4:41 PM To:eComments, PBA Subject:MCDONALDS Please don't build a MCDONALD'S at that location. Traffic is bad enough already, the preschool is right across the street, there is a Senior community nearby and many of the residents shop at the nearby Stater Bros, the cemetery is just down the street and Santa Clara has only one lane in each direction from Tustin to Grand. PLEASE reconsider and put it somewhere else. Thank you. Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android 1 Ocampo, Nuvia From:ARACELI Madrid <aracelm@aol.com> Sent:Tuesday, February 20, 2024 9:06 PM To:eComments, PBA Subject:Stop Macdonalds TerribleideaSantaClaraisnarrowstreet.TrafficisbadnowIĭğƓ͸ƷimagineaMcDonalds.Somanyoptionson17thwhy SantaClara. AraceliCasate SentfrommyiPhone 1 Ocampo, Nuvia From:Mary Maduena <irishmary2033@yahoo.com> Sent:Tuesday, February 20, 2024 8:05 PM To:eComments, PBA Subject:McDonald AsaresidentofSantaAna,Iopposethetheconstructionoftheaĭ5ƚƓğƌķ͸ƭonSantaClara.Thatlandisnotzonefor commercialpurposesandtwohomesthatarethere,areatleast100yearsold,shouldbepreservedandnottorndown. TheintersectionofSantaClaraandTustinAveisalreadyabusyintersection,addingafastfoodrestaurantwillonly compoundtheproblem. Thankyou, MaryMaduena SentfrommyiPhone 1 Ocampo, Nuvia From:Malissa R <m.m.rathbone9@gmail.com> Sent:Friday, February 23, 2024 8:41 AM To:eComments, PBA Subject:McDonald's project/ Santa Clara McDonald'sproject/SantaClara AsaresidentIamnotlookingforwardtothisproject,ifallapproved.Ilivedirectlyacrossthestreet,IlovewhereIlive andourneighborhood.MypatiobalconylooksoverexactlyrightintowherethatMcDonald'sissupposetogo. Ican'treallysayIwouldbepleasedwiththatsortofvieweverysingleday.Havingmymorningcoffeehavingtolookout andseeafastfoodrestaurant. Atnightitwouldnolongerbepeacefulanddark,itwouldbeloudandbright.JustabigglowofaMcDonald'sarch. IfIdidn'tlivedirectlyacrossthestreet,Iwouldn'tbeasconcerned.Gettingintomydrivewaytomycomplexwillbea nightmareona1laneeachwaystreet.nitsbusyenoughasitis. TurningleftonSantaClarafromTustintogohomewouldbewaytoomuchofthisMcDonald'sisapproved. Iwouldseriouslyconsiderhavingtomoveoutofthearea. Thankyouforyourtimeinreadingmyconcerns,Malissa 1 Ocampo, Nuvia From:Skip Van Der Marliere <gvande6576@aol.com> Sent:Wednesday, February 21, 2024 5:39 PM To:eComments, PBA Subject:Support McDonalds on Santa Clara Count me in as local resident and supporters of the McDonald's on Santa Clara, near Tustin Ave Gil Van Der Marliere 1 Ocampo, Nuvia From:elizabeth marr <mae85002000@yahoo.com> Sent:Wednesday, February 21, 2024 7:54 PM To:eComments, PBA Subject:McDonald's Hello, I'm a resident located on Santa Clara and Tustin. Please note, I'm opposed to the McDonald's intended to be put in. Best, Elizabeth Phone: 9496146851 Sent from Yahoo Mail on Android 1 Ocampo, Nuvia From:Carol Mastro <CMastro@mastromortgages.com> Sent:Monday, February 26, 2024 11:19 AM To:eComments, PBA Subject:McDonalds IstronglyOPPOSEthisMcDonaldsprojectproposedforjustwestofTustinAveandSantaClarainSantaAna. ThisisaHORRIBLElocationforaMcDonalds,astheroadnarrowsfromtwolanestoone.Thereisapreschoolanda largecondocomplexdirectlyacrossfromthissite.Alsoapartmentsandsinglefamilyhomes.Thetrafficcongestionis alreadybadduringcommutingtimes,butwillbeunbearableifthisprojectgoesthrough.Addtothetrafficissuesthe safetyconcerns.Therehavebeennumerousaccidents,includingfatalities,onTustinnorthof17thwherepeopleenter andexitthenewChickFilaandIn&Out.Andthatlocationisonmultiplelanemajorroads!!!Peoplecontinuallymake illegalleftturnsoutofthosebusinessesontoTustin,creatingaterriblehazard.Icanonlyimaginethethingspeoplewill dointryingtoenterandexitaMcDonaldsonaverycongestedtwolaneroad. PLEASE,forthesafetyandwellbeingofourresidents,andespeciallyourchildren,STOPthisproject!!!!! Respectfully, CarolMastro GoMortgage,Inc (714)5859295 Cmastro@mastromortgages.com SentfrommyiPhone 1 Ocampo, Nuvia From:Nancy <nnc.mejia@gmail.com> Sent:Sunday, February 25, 2024 9:35 PM To:eComments, PBA; Gomez, Pedro Subject:Agenda Item 2: McDonald's on Santa Clara Dear Planning Commissioners, I am writing to urge that you deny the Conditional Use Permit for the proposed McDonald's project on 2101 and 2109 E Santa Clara St. I am a property owner across the street at 2030 E Santa Clara Ave, and I am very concerned about this project due to the nuisance it will create in the neighborhood in terms of traffic, smell, and noise. This is a fairly peaceful and quiet area, and adding a McDonald's would go against the residential fabric of the neighborhood. This would create a different scenario than the Del Taco, given the Del Taco is across from the vacant lot on the Southwest corner and on the corner of the arterial (Tustin), not to mention within the shopping center. The McDonald's would be directly across from a condominium complex and a preschool, and would cause unwanted disturbances to both. It is not technically on an arterial street, and should not be allowed a C5 (Arterial Commercial) designation. Furthermore, the land use would eliminate agricultural land, which could be developed as a community garden or micro-farm that would bring more public benefit to the area, which has many families and children in the condos and apartment complexes. We do not want another fast food establishment in this area - there are already many with the newer ones that went up on 17th and Tustin. Please don't turn our neighborhood into an unhealthy one by design. Our families deserve access to healthy food and air free of the strong smells that come with fast food joints. I am highly opposed to this project. Please do not approve the McDonald's in this location. Sincerely, Nancy Mejia 1 Ocampo, Nuvia From:Malissa R <m.m.rathbone9@gmail.com> Sent:Friday, February 23, 2024 8:41 AM To:eComments, PBA Subject:McDonald's project/ Santa Clara McDonald'sproject/SantaClara AsaresidentIamnotlookingforwardtothisproject,ifallapproved.Ilivedirectlyacrossthestreet,IlovewhereIlive andourneighborhood.MypatiobalconylooksoverexactlyrightintowherethatMcDonald'sissupposetogo. Ican'treallysayIwouldbepleasedwiththatsortofvieweverysingleday.Havingmymorningcoffeehavingtolookout andseeafastfoodrestaurant. Atnightitwouldnolongerbepeacefulanddark,itwouldbeloudandbright.JustabigglowofaMcDonald'sarch. IfIdidn'tlivedirectlyacrossthestreet,Iwouldn'tbeasconcerned.Gettingintomydrivewaytomycomplexwillbea nightmareona1laneeachwaystreet.nitsbusyenoughasitis. TurningleftonSantaClarafromTustintogohomewouldbewaytoomuchofthisMcDonald'sisapproved. Iwouldseriouslyconsiderhavingtomoveoutofthearea. Thankyouforyourtimeinreadingmyconcerns,Malissa 1 Ocampo, Nuvia From:Marisela Montoya <mariselarealestate@hotmail.com> Sent:Friday, February 23, 2024 5:41 PM To:eComments, PBA Subject:McDonald's proposal on Santa Clara and Tustin - I OPPOSE! Hello. My name is Marisela Montoya. I have been living at Woodlyn North Condominiums since 2004. As a resident of Woodlyn North, I absolutely oppose the McDonald's being proposed just West of the intersection of Tustin Ave. & Santa Clara in North / East Santa Ana. Traffic SAFETY is the primary issue but, not the only issue. This is a very dangerous proposal considering that Plumfield Preschool and our condo complex are directly across the street from this site. For years we at Woodlyn North Condominiums, right across the street from this proposal, have been trying to get gates and the city has ALWAYS denied our request, claiming that we are going to cause traffic issues. How is it that a McDonald's is not? I can assure you that McDonald's would cause a gigantic problem with traffic in our residential area. I'm sure that the city of Santa Ana is aware of both In-N-Out and Chick Filet located on the th corner of Tustin Avenue and 17 Street which have double wide drive through lanes cause tremendous traffic jams every day, and it is a challenge trying to get in and out of these restaurants. It is also common to see private security directing the traffic into these restaurants. Imagine the traffic safety impact that a large McDonalds will have on a 2-lane street that is directly across the street from a busy Preschool and a large Condominium complex? Then add the Apartments next door and the single-family homes next to that. The high majority of Santa Clara between Grand and Tustin Ave is only 2 lanes wide ( Total ). This project is NOT safe for this location and your help is needed to decline/cancel it forever. The investors applying for a McDonald's in our community don't care about us dealing with issues a McDonald's will cause, they don't live in our community. We are people that can only afford living in this area, unlike them. We take pride of our community and a McDonald's across the street is not safe. Please confirm receipt of this email. Best Regards, Marisela Montoya 562-397-7040 Mobile 1 Ocampo, Nuvia From:Andrea Nishihara <andrenishi1@gmail.com> Sent:Sunday, February 25, 2024 6:41 PM To:eComments, PBA Subject:McDonalds I OPPOSE the McDonalds proposal to construct a large McDonalds. Our neighborhoods will be negatively impacted with congestion and quality of life, including noise pollution, and potentially attracting unsavory activities that often come with late-night fast food food establishments. With respect from the neighborhood please listen to us and tell McDonalds to find a location that would not harm our neighborhood with excessive traffic, congestion, and noise. Andrea Nishihara andrenishi@yahoo.com 1 Ocampo, Nuvia From:Sharon Pearson <stogiepearson@gmail.com> Sent:Sunday, February 25, 2024 3:25 PM To:eComments, PBA Subject:McDonalds Towhomitmayconcern, Asa10yearresidentofMerridethTerraceand26yearresidentofSantaAnanearSantaClara,IopposetheMcDonald's projectbeingdiscussedon2/26/24.Theroadshavejustrecentlybeenalteredtobesafeforcyclists,pedestriansand driversalike(thankyouforthat)Ͷbutaddingabusinesslikeaĭ5ƚƓğƌķ͸ƭtothemixisasafetyhazard. PleasehelpkeepourneighborhoodsafeͶvoteagainstthisproject!!!!!Aaĭ5ƚƓğƌķ͸ƭisbettersuitedawayfromthe residentialarea!!! Thankyouforlistening! SharonPearson CatalinaAve,SantaAna 1 Ocampo, Nuvia From:Petra Petry <petrapetry@yahoo.com> Sent:Wednesday, February 21, 2024 9:10 PM To:eComments, PBA Subject:Opposed to the McDonalds Project on Santa Clara Ave in Santa Ana Hello, I live on this street. This project is absolutely NOT SUSTAINABLE for this Location, so I am writing to you to oppose a 4,000 sq. ft. McDonalds with a double wide drive through being proposed just West of the intersection of Tustin Ave. & Santa Clara in North / East Santa Ana. ** Traffic SAFETY is the primary issue ** This is where Santa Clara Ave. where I live going West from Tustin Ave. turns from 2 lanes down to 1 lane. The traffic in this area is already bad. ** This is a very dangerous proposal considering that Plumfield Preschool and a large condo complex is directly across the street from this site. * Note * Both In and Out along with Chick Filet have double wide drive through lanes and I'm sure that most of you have seen the traffic jams trying to get in and out of these restaurants. It is also common to see private security directing the traffic into these restaurants. Imagine the traffic safety impact that a large McDonalds will have on a 2 lane street that is directly across the street from a busy Preschool and a large Condominium complex ? Then add the Apartments next door and the single family homes next to that. The high majority of Santa Clara between Grand and Tustin Ave is only 2 lanes wide ( Total ). This project is NOT safe for this location and the fast food location with high traffic should NOT build. I hope you understand the concerns of people that live here and take this in consideration, because this project is NOT SUSTAINABLE - Santa Ana Board should not support it. Please, reach out to me if you have any additional questions. Thank you for your time, and have a great day! Petra Petry, Ph.D. World Languages Instructor 949-351-0347 Beauty & Skin Care on Budget Help us Fundraise for OCSA! Your kind referrals are much appreciated! 1 Ocampo, Nuvia From:Daniel and Guadalupe Ramirez <danlupramirez@yahoo.com> Sent:Wednesday, February 21, 2024 10:10 AM To:eComments, PBA Subject:Tustin and Santa Clara McDonald Hello IopposetheproposalofbuildingaMcDonaldontheSantaClara/Tustinsite.LƷ͸ƭalreadyacongestedcornerwith peopletryingtoturnleftintoStaterBrosTwobeautifulproperties,toobadtheywillbetorndown. Ioppose! SentfrommyiPhone 1 Ocampo, Nuvia From:Mike Richman <m3richman@aol.com> Sent:Wednesday, February 21, 2024 2:16 AM To:eComments, PBA Subject:McDonald's on Santa Clara west of Tustin I don't approve of this location because of the high traffic increase. The cars leaving the Stater Bros parking lot that have to turn left or right onto Santa Clara have a problem now from the high traffic coming off of Tustin. Cars leaving the parking lot on the Tustin Ave. side can now turn left onto Tustin causing problems because of the traffic light at Tustin and Santa Clara. If the parking at the proposed McDonald's is too small, the customers will have to park at Del Taco or Stater Bros. Thanks, Mike Richman Woodlyn North HOA 2030 E. Santa Clara 2030 E. Santa Ana 1 Ocampo, Nuvia From:timrush@bhhscaprops.com Sent:Monday, February 26, 2024 11:34 AM To:eComments, PBA Subject:Proposed Mc Donalds Restaurant on Santa Clara DearHonorableChairandmembersofthePlanningCommission; TonightyouwilldecidewhethertoreinforcetheͻƨǒźĻƷenjoymentofhearthandŷƚƒĻͼorthecommercialinterestsofa partywhobelievesthatthelocalneighborhoodźƭƓ͸Ʒdeservingofthisquietenjoyment. Thisparcelcouldberefurbishedasthehistoricfarmsteadthatitis,perhapsevenaddingoneortwo!5 ͸ƭanditwould nothavetheeectuponthesurroundingneighborhoodslikethisfastfoodrestaurant.Justbecauseitabutsthe backsideoftheStaterBros.shoppingcenterisnotgroundsforfoisngthistypeofcommercialacvityonthese surroundingneighborhoods.Podocarpustreescouldbeplantedalongthateasternpropertyborderandinthreeyears youwouldhaveaЎЉ͸tallgreenwall.Thecartrac,thedeliveriesatallhoursofthenightanddaytheconstant squawkingofͻķƚyouwantfrieswiththatƚƩķĻƩͪͼItissimplyunfairtodothistothisarea.Theincursionof commercialacvityfurtherwestonSantaClaraIbelieveisnotwiseinthelongterm.Oneexceponbegatsanother andpreysoonourgoodintenonshavepavedthewaytohellintermsofthequalityoflife. KeepthecommercialacvityalongTusnwhereitbelongs.Askyourselves,ͻLŅIlivednearbyisthiswhatIwouldwant toĻǣƦĻƩźĻƓĭĻͼͪIthinkyoueachknowtheanswer.PleasevoteNOonthisrequest. Sincerely, TimRush ChairmanG7NeighborhoodLeadersAlliance FromerPresidentWashingtonSquareandWilshireSquareb!͸ƭ 38yearresident źƒwǒƭŷ ChiefPeopleConnector BerkshireHathawayHomeServicesCaliforniaProperties TheMapleBuilding,CorporateOffices 16911SouthBellflowerBoulevard Bellflower,CA907065903 (714)2994455 17BranchSalesOffices,Serving6SouthernCaliforniaCounties 1 2 Ocampo, Nuvia From:Alicia Sabillon <ali_sabihon92@yahoo.com> Sent:Monday, February 26, 2024 11:03 AM To:eComments, PBA Subject:McDonalds IwritethisemailtoopposeaproposaltobuildaMcDonaldsat2101and2109ESantaClaraAve.IliveinWoodlyn North,thecondominiumcomplexacrossthestreetfromthataddress.Iamveryconcernedaboutthethepotential increaseintrafficonastreetthatisalreadyverycongested.Wealreadyhavedifficultygettinginorgettingoutofour condominiumcomplexduetotheamountoftrafficonthispartofthestreet.SometimesźƷ͸ƭimpossibletogetinour drivewaysduetoallthecarsinlinewaitingforthelightattheintersectionofSantaClaraAveandTustinAve.Thisisa twolanestreetandthecarsalsomakealineinthecenterdividedtoeithergetintotheStaterBrosparkinglotorto makealeftturnonTustinAve.TheconstructionoftheMcdonaldsnotonlygoingtocreatemoretraffic,itisgoingto createmorenoiseandpollution.Inaddition,a24hourdrivethroughisgoingtobringmorehomelesstoour neighborhood,wealreadyhavehomelessproblems,wedonotneedmore. IopposetotheconstructionofMcDonaldsat2101and2109ESantaClaraAve. Thankyouforlisteningtomyconcerns. AliciaSabillon 1 Ocampo, Nuvia From:ROGER SHORTALL <rogershortall@sbcglobal.net> Sent:Sunday, February 25, 2024 4:21 PM To:eComments, PBA Cc:Roger Shortall; winston Covington Subject:McDonalds IamabsolutelyagainsthavingMcDonaldsonthatsmallcornercausingmanytrafficproblems.Itisasafetyproblemfor theschoolacrossthestreet,condos&apartments. Thisisinsaneona2laneneighborhood,cemeterystreet&Iwillopposestrongly. IwillbeattheHEARING! RogerShortall MeredithTerraceHomeOwner rogershortall@sbcglobal.com SentfrommyiPhone 1 Ocampo, Nuvia From:Paola Silva <pao.silva@live.com> Sent:Monday, February 26, 2024 9:09 AM To:eComments, PBA Subject:Stop MCdonalds We oppose to McDonalds Project on Santa Clara and tustin! All the best, Paola Silva Local resident 1 Ocampo, Nuvia From:Sally Sison <sisonsa@hotmail.com> Sent:Wednesday, February 21, 2024 6:57 AM To:eComments, PBA Subject:McDonalds on Santa Clara Please, we DO NOT need another fast food place on Tustin Ave. The traffic is already congested from the preschool, condos and apartments, not to mention Starbucks and Del Taco at the same intersection. Isn't there another location for your McDonalds, that is not near a residential neighborhood? What a nightmare a McDonalds would bring to this area but we all know that corporations like you don't give a crap about traffic, it's all about profits. Please consider another location. Sent from my Verizon, Samsung Galaxy smartphone 1 Ocampo, Nuvia From:Joyce Smith <nanaofthree45@gmail.com> Sent:Tuesday, February 20, 2024 9:19 PM To:eComments, PBA Subject:McDonaldÔs Project L͸ƒnotsurewhoiscompletingtheEIRforthisproject,butwiththetwolanesgoingwestonSantaClaraandmerging intoonelane,andpeoplemakingleftturnsoutofStaterBros.parkinglottherehavebeenmultipleaccidentsandback upoftrafficwithoutanotherfastfoodrestaurant.Also,theCityofSantaAnajustaddedtheIn&OutandChikAFilet justdownthestreet.Dowereallyneedmorefastfoodrestaurants?Pleasereconsider. SentfrommyiPhone 1 Ocampo, Nuvia From:tafeuer (null) <tafeuer@aol.com> Sent:Friday, February 23, 2024 1:54 PM To:eComments, PBA Subject:No McDonalds on Santa Clara!!! IDONOTsupportthenewMcDonaldslocationonSantaClaraitisunsafeandwillsnarltrafficonthenarrowroad. ThereisalsoNONEEDforonesincetheoneonLincolnand17thisamileaway. SincethenewChickFilA,InnOut,and/ğƓĻ͸ƭwentinnearbyIhavebeencleaningupfoodbagsandlitterleftbypeople whoparkinmyneighborhoodtoeat,andthenleavetheirtrashinthegutter.ThiswillonlygetworseastheMcDonalds wouldbeevenclosertomyneighborhood. Pleasedonotallowthisdevelopmenttoprogress! TomFeuerborn 1 Ocampo, Nuvia From:Diego Teran <diegoteran@yahoo.com> Sent:Wednesday, February 21, 2024 8:43 PM To:eComments, PBA Subject:McDonalds on Santa Clara Ave DearCityOfficials, AsaneighborinMeredithTerrace,IstronglyopposetheMcDonaldsprojectonSantaClaraAve. ŷĻƩĻ͸ƭaMcDonaldsat17th&LincolnandtrafficisterriblewhenIdrivemykidstoschool.WeķƚƓ͸Ʒneedanotherfast foodrestaurantintheneighborhood. Thanks, DiegoTeran 1 Ocampo, Nuvia From:Mike Thaete <thaetem@gmail.com> Sent:Monday, February 26, 2024 9:39 AM To:eComments, PBA Subject:McDonalds Hello Planning Committee, This email is to oppose the building of McDonalds at the corner of Tustin/Santa Clara in Santa Ana. I believe this building will cause a dangerous traffic situation. Please do not allow this proposal to move forward. Mike Thaete 1809 Catalina Ave. Santa Ana, CA 92705 1 Ocampo, Nuvia From:The Paw Spa <mypawspa@hotmail.com> Sent:Friday, February 23, 2024 11:24 AM To:eComments, PBA Subject:Stop McDonald's on Tustin in Orange We don't need a fast food company that microwaves paper thin patties and charges $18 for a Big Mac Meal !!! Put a Lazy Dog restaurant or some other restaurant we all can enjoy for breakfast lunch and dinner . There's barely any restaurant chains here . Get Outlook for iOS 1 Ocampo, Nuvia From:jeanne Troup <jtroup35@gmail.com> Sent:Wednesday, February 21, 2024 6:14 AM To:eComments, PBA Subject:McDonaldÔs IamagainstbuildinganothergiantfastfoodatTustinandSantaClara.Itwillnotbesafe,trafficwiseandwillcausealot ofcongestion. Thankyou. JeanneTroup SentfrommyiPhone 1 Ocampo, Nuvia From:Cynthea Vaglienty <cyntheav@sbcglobal.net> Sent:Wednesday, February 21, 2024 7:16 AM To:eComments, PBA Subject:McDonaldÔs proposal Tustin Ave and Santa Clara Puttingaaĭ5ƚƓğƌķ͸ƭatthislocation,wouldbringmoretrafficandhomelesstothearea. Thisisaresidentialareahasenoughgoingon.HowdoIknowthis,Ilivehere. Thiswouldnotbenefitthearea.WehaveallweneedinthisareaonTustinAve. CyntheaVaglienty SentfrommyiPhone 1 Ocampo, Nuvia From:Richie Walsh <kildare1847@yahoo.com> Sent:Wednesday, February 21, 2024 5:21 PM To:eComments, PBA Subject:Macdonalds To whom it may concern I am very concerned about the potential negative impacts a McDonald's could have on my neighborhood, such as increased traffic and issues related to homelessness. I have two teenage kids that reside here, I believe having a MacDonalds across the street would impact their sense of safety while walking in our complex and while enjoying the pool in the summer time. Already the intersection of Santa Clara and Tustin is an extremely busy traffic intersection with a del Taco on the corner and a very busy Stater brothers grocery store. Adding a Macdonalds would create a nightmare senario with regards to traffic congestion Respectfully A Resident of Woodland North community Sent from Yahoo Mail for iPhone 1 Draft Minutes of the Special Meeting of the Housing Authority Santa Ana, California February 20, 2024 CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 10:56 P.M. ATTENDANCE Authority MembersPhil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice ChairThai Viet Phan ChairValerie Amezcua Interim City ManagerTom Hatch City AttorneySonia R. Carvalho Recording SecretaryJennifer L. Hall ROLL CALL MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Vazquez were present. ADDITIONS\\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY 1February 20, 2024 PUBLIC COMMENTS – Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No public comments were received regarding the Special Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 10:56 P.M., the Consent Calendar was considered. MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Lopez. The motion carried, 7-0, by the following roll call vote: AYES:AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA NOES:NONE ABSTAIN:NONE ABSENT:NONE Status: 7 – 0 - Pass 1.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 2.Minutes of the Special Meeting of January 16, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 3.Quarterly Report for the Housing Choice Voucher Program for the Period of October 1, 2023 to December 31, 2023 Department(s): Community Development Agency Recommended Action: Receive and file. HOUSING AUTHORITY 2February 20, 2024 **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT – Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Special Housing Authority Meeting at 10:57 P.M. Respectfully submitted: __________________________ Jennifer L. Hall, CMC Secretary HOUSING AUTHORITY 3February 20, 2024 Community Development Agency www.santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 2, 2024 TOPIC: Fiscal Year 2024-25 Housing Authority Annual Plan AGENDA TITLE Public Hearing - Approve the Fiscal Year 2024-25 Housing Authority Annual Plan Published in the OC Register, La Opinion, and Nguoi Viet on February 16, 2024. RECOMMENDED ACTION 1.Conduct a public hearing in consideration of the approval and submission of the Fiscal Year 2024-25 Housing Authority Annual Plan to the U.S. Department of Housing and Urban Development. 2.Adopt a resolution approving the Fiscal Year 2024-25 Housing Authority Annual Plan and authorize the Executive Director of the Housing Authority to submit the Annual Plan to the U.S. Department of Housing and Urban Development. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVING THE SUBMISSION OF THE ANNUAL PLAN FOR FISCAL YEAR 2024-2025 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The U.S. Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an Annual Plan for the management and operation of the program. The general purpose of the Annual Plan is to advise HUD, program participants, applicants, and members of the public on the Housing Authority’s policies, programs, operations, and strategies for meeting local housing needs and goals. Specifically, the Fiscal Year (FY) 2024-25 Annual Plan provides information on the following topics: (1) new activities to be undertaken by the Housing Authority in the fiscal next year; (2) findings from the most recent fiscal year audit; and (3) annual progress the Housing Authority has made in meeting the goals and objectives described in the Five-Year Plan for FY 2020-2025 (Exhibit 1). This Annual Plan is for the fifth year of the Five Year Plan for FY 2020-2025. As required by HUD, three ad hoc Resident Advisory Board meetings were held on Fiscal Year 2024-25 Housing Authority Annual Plan April 2, 2024 Page 2 February 12, 2024 with HCV participants who receive housing assistance from the Housing Authority. The meetings were conducted in three languages: English, Spanish, and Vietnamese. All active participants in the HCV Program who reside in the City of Santa Ana were mailed a survey and an invitation to participate on the Resident Advisory Board. The comments from the Resident Advisory Board and survey were incorporated into the Annual Plan. Staff analyzed all of the recommendations from the Resident Advisory Board and survey responses by: (1) considering the feasibility of each recommendation; (2) discussing as a team the opportunity for the Santa Ana Housing Authority (SAHA) to implement each recommendation; and (3) making a determination on which recommendation(s) could be implemented or considered for future implementation. All of the recommendations were taken into consideration by staff and incorporated into the Annual Plan. On February 16, 2024, a legal notice was published in the Orange County Register, Nguoi Viet, and La Opinión advising the public that a draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 2, 2024 (Exhibit 3). The Annual Plan was also made available on the Housing Authority’s website and in the Housing Authority lobby. HUD’s federal regulations require a 45-day public comment period and the public comment period ends on April 1, 2024. All public comments received will be included in the Annual Plan submitted to HUD. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Housing Authority Annual Plan 2. Resolution 3. Proof of Publication Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Tom Hatch, Interim City Manager EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 B.3Progress Report. Hpbmt!eftdsjcfe!jo!jut!6.Zfbs!QIB!Qmbo/ Goal # 1: Fully utilize all funding provided by HUD and apply for additional funding to serve the most vulnerable members of our community. Objective # 1:Vujmj{f!211&!pg!uif!Boovbm!Cvehfu!Bvuipsjuz!qspwjefe!cz!IVE!gps!fbdi!DZ/ TBIB!vujmj{fe!::&!pg!pvs!Boovbm!Cvehfu!Bvuipsjuz!qspwjefe!czIVE!gps!DZ!3134/ Objective # 2:Bqqmz!gps!ofx!gvoejoh!pqqpsuvojujft!gps!beejujpobm!wpvdifst/ Jo!Bvhvtu!3134-!TBIB!bddfqufe!bo!bxbse!pg!uxfouz.gpvs!)35*!ofx!Jodsfnfoubm!Ipvtjoh!Dipjdf!Wpvdifst!boe!Tqfdjbm!Benjojtusbujwf! Gfft!bxbsefe!voefs!uif!Dpotpmjebufe!Bqqspqsjbujpot!Bdu!3134!)Q/M/!228.439*!)uif!3134!Bdu*boe!QJI!Opujdf!3134.32/ Jo!Tfqufncfs!3134-!TBIB!sfdfjwfe!bo!bxbse!pg!uxfouz.gjwf!)36*!ofx!Gptufs!Zpvui!up!Joefqfoefodf!wpvdifst!bxbsefe!voefs!QJI! Opujdf!3134.15/ Goal # 2: Expand participation in the Family Self-Sufficiency Program for families to use as a platform to obtain self-sufficiency and independence from our assistance. Objective # 1:Fyqboe!uif!ovncfs!pg!bdujwf!qbsujdjqbout!jo!uif!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn/ Uif!ovncfs!pg!bdujwf!qbsujdjqbout!jo!uif!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn!jodsfbtfe!cz!47!ofx!qbsujdjqbout/!!Tqfdjgjdbmmz-!:4!gbnjmjft xfsf!fospmmfe!jo!Kbovbsz!3134boe23:!gbnjmjftxfsffospmmfe!cz!uif!foe!pgEfdfncfs!3134/Uif!ovncfs!pg!nboebupsz!tmput!gps!TBIB! bmtp!efdsfbtfe!up!67/Jo!beejujpo-!uifqfsdfou!pg!gbnjmjft!fospmmfe!pwfs!nboebupsz!tmput!jt!frvbm!up!341&-boe82&!pg!gbnjmjft!ibwf!bo ftdspx!bddpvou!cbmbodf!jo!uif!qsphsbn/ TBIB!tfoub!npouimz!fmfduspojd!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn!ofxtmfuufsup!pvs!qbsujdjqbout!xip!ibwf!qspwjefe!vt!xjui!uifjs!f.nbjm! beesfttft/!!Fbdi!ofxtmfuufs!gfbuvsft!b!Tupsz!pg!Tvddftt!gps!b!gbnjmz!xip!jt!qbsujdjqbujoh!jo!uif!qsphsbn/!!Jo!beejujpo-!TBIB!bmtp! qspwjefe!bo!boovbm!dbmfoebs!up!bmm!pg!pvs!qbsujdjqbout!xjui!b!Tupsz!pg!Tvddftt!gps!fbdi!npoui/ Objective # 2:Bttjtu!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn!qbsujdjqbout!up!cfdpnf!tfmg.tvggjdjfou!boe!hsbevbuf!gspn!uif!qsphsbn/ Evsjoh!uijt!Gjtdbm!Zfbs-!uifsf!xfsf!op!ofx!qbsujdjqbout!xiphsbevbufe!gspn!uif!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn/ Goal # 3: Ensure the accuracy, integrity and compliance of all voucher program operations. Objective # 1:Sfubjo!Ijhi!Qfsgpsnfs!TFNBQ!tubuvt/ TBIB!xbt!dfsujgjfe!bt!b!Ijhi!Qfsgpsnfs!gps!GZ!33.34/Uifgjobm!TFNBQtdpsf!gps!uif!gjtdbm!zfbs!foejoh704103134jt:4/TBIB! bvejufe!b!upubm!pg!491!sboepnmz!tfmfdufe!gjmft!voefs!TFNBQ!Joejdbups!$!4-!fwfo!uipvhi!uif!njojnvn!tbnqmf!tj{f!sfrvjsfe!cz!IVE!xbt pomz!47gjmft/Uijt!jt!frvbm!up!ufo)21*ujnft!uif!ovncfs!pg!gjmft!sfrvjsfe!up!cf!bvejufe!cz!IVE/Gps!TFNBQ!Joejdbups!$!6-!TBIB! dpoevdufe!b!upubm!pg!64!sboepnmz!tfmfdufervbmjuz!dpouspm!jotqfdujpot!fwfo!uipvhi!uif!njojnvn!tbnqmf!tj{f!sfrvjsfe!cz!IVE!xbt!pomz! 46rvbmjuz!dpouspm!jotqfdujpot/!!Uijt!jt!uxjdfuif!ovncfs!pg!rvbmjuz!dpouspm!jotqfdujpot!sfrvjsfe!up!cf!bvejufe!cz!IVE/ Goal # 4: Increase assisted housing choices by providing quality customer service to existinglandlords and conducting outreach to new landlords. Objective # 1:Dpnnvojdbuf!po!b!sfhvmbs!cbtjt!xjui!bdujwf!mboempset!cz!qspwjejoh!jogpsnbujpo!po!lfz!qsphsbn!vqebuft/ TBIB!tfou!b!npouimz!fmfduspojd!Mboempse!Ofxtmfuufs!up!pvs!bdujwf!mboempset/!!Fbdi!ofxtmfuufs!qspwjefe!lfz!qsphsbn!vqebuft!boe jogpsnbujpo!gps!mboempset/ Objective # 2:Nbjoubjo!bdujwf!qbsujdjqbujpo!jo!uif!Psbohf!Dpvouz!Bqbsunfou!Bttpdjbujpo!boe!buufoe!mpdbm!fwfout!up!qspnpuf!qbsujdjqbujpo!jo!uif! qsphsbn/ TBIB!sfofxfe!pvs!nfncfstijq!xjui!uif!Psbohf!Dpvouz!Bqbsunfou!Bttpdjbujpo/! Goal # 5: Provide equal opportunity, affirmatively further fair housing and provide regular training on fair housing for staff, owners and participants. Objective # 1:Qspwjef!boboovbm!nboebupsz!usbjojoh!gps!bmm!Ipvtjoh!Bvuipsjuz!tubgg/ Po!Bvhvtu!42-!3134-!TBIB!ifme!bo!boovbm!Gbjs!Ipvtjoh!Usbjojoh!gps!bmm!Ipvtjoh!Ejwjtjpo!fnqmpzfft/!!Uijt!boovbm!usbjojoh!jt!sfrvjsfe gps!bmm!fnqmpzfft/ Objective # 2:Qspwjef!jogpsnbujpo!po!gbjs!ipvtjoh!up!pxofst!boe!qbsujdjqbout/ TBIB!qspwjefe!jogpsnbujpo!po!gbjs!ipvtjoh!up!pxofst!boe!qbsujdjqbout/ Goal # 6: Provide information on the Violence Against Women Act (VAWA) of 2013 to active participants and owners to ensure protection for Victims ofDomestic Violence, Dating Violence, Sexual Assault, or Stalking. TBIB!qspwjefe!jogpsnbujpo!po!WBXB!up!bmm!qsphsbn!bqqmjdbout-!qbsujdjqbout!boe!mboempset/ Capital Improvements.Opu!Bqqmjdbcmf! B.4 Qbhf!3 pg!7form HUD-50075-HCV )1404203135* EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 B.PlanElements.Bmm!QIBt!nvtu!dpnqmfuf!uijt!tfdujpo/!)35!DGS!¨:14/22)d*)4** B.1Revision of Existing PHA Plan Elements. QIBt!nvtu; Jefoujgz!tqfdjgjdbmmz!xijdi!qmbo!fmfnfout!mjtufe!cfmpx!uibu!ibwf!cffo!sfwjtfe!cz!uif!QIB/!Up!tqfdjgz!xijdi!fmfnfout!ibwf!cffo Statement of Housing Needsand Strategy for Addressing Housing Needs.Qspwjef!b!tubufnfou!beesfttjoh!uif!ipvtjoh!offet!pg!mpx.jodpnf-!wfsz! mpx.jodpnf!boe!fyusfnfmz!mpx. uif!kvsjtejdujpo!tfswfe!cz!uif!QIB!boe!puifs!gbnjmjft!xip!bsf!po!uif!Tfdujpo!9!ufobou.cbtfe!bttjtubodf!xbjujoh!mjtut/!Uif!tubufnfou!nvtu!jefoujgz!uif! ipvtjoh!offet!pg!)j*!gbnjmjft!xjui!jodpnft!cfmpx!41!qfsdfou!pg!bsfb!nfejbo!jodpnf!)fyusfnfmz!mpx.jodpnf*<!)jj*!fmefsmz!gbnjmjft!)jjj*!ipvtfipmet!xjui! joejwjevbmtxjui!ejtbcjmjujft-!boe!ipvtfipmet!pg!wbsjpvt!sbdft!boe!fuiojd!hspvqt!sftjejoh!jo!uif!kvsjtejdujpo!ps!po!uifqvcmjd!ipvtjoh!boe!Tfdujpo!9!ufobou. cbtfe!bttjtubodfxbjujoh!mjtut/!Uif!tubufnfou!pg!ipvtjoh!offet!tibmm!cf!cbtfe!po!jogpsnbujpo!qspwjefe!cz!uif!bqqmjdbcmf!Dpotpmjebufe!Qmbo-!jogpsnbujpo! qspwjefe!cz!IVE-!boe!hfofsbmmz!bwbjmbcmf!ebub/!!Uif!jefoujgjdbujpo!pg!ipvtjoh!offet!nvtu!beesftt!jttvft!pg!bggpsebcjmjuz-!tvqqmz-!rvbmjuz-!bddfttjcjmjuz-! tj{f!pg!vojut-!boe!mpdbujpo/!Podf!uif!QIB!ibt!tvcnjuufe!bo!Bttfttnfou!pg!Gbjs!Ipvtjoh!)BGI*-!xijdi!jodmveft!bo!bttfttnfou!pg!ejtqspqpsujpobuf!ipvtjoh! offet!jo!bddpsebodf!xjui!35!DGS!6/265)e*)3*)jw*-!jogpsnbujpo!po!ipvtfipmet!xjui!joejwjevbmt!xjui!ejtbcjmjujft!boe!ipvtfipmet!pg!wbsjpvt!sbdft!boe!fuiojd! hspvqt!sftjejoh!jo!uif!kvsjtejdujpo!ps!po!uif!xbjujoh!mjtut!op!mpohfs!offet!up!cf!jodmvefe!jo!uif!Tubufnfou!pg!Ipvtjoh!Offet!boe!Tusbufhz!gps!Beesfttjoh! Ipvtjoh!Offet/!)35!DGS¨:14/8)b**/! Uif!jefoujgjdbujpo!pg!ipvtjoh!offet!nvtu!beesftt!jttvft!pg!bggpsebcjmjuz-!tvqqmz-!rvbmjuz-!bddfttjcjmjuz-!tj{f!pg!vojut-!boe!mpdbujpo/!)35!DGS!¨:14/8)b*)3*)j**!! Qspwjef!b!eftdsjqujpo!pg!uif!xbzt!jo!xijdi!uif!QIB!joufoet-!up!uif!nbyjnvn!fyufou!qsbdujdbcmf-!up!beesftt!uiptf!ipvtjoh!offetjo!uif!vqdpnjoh!zfbs!boe! ptjoh!jut!tusbufhz/!!!)35!DGS!¨:14/8)b*)3*)jj**!! Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ps!ufobou!fmjhjcjmjuz-!tfmfdujpo!boe!benjttjpo!jodmvejoh!benjttjpo!qsfgfsfodft!gps!IDW/!)35!DGS!¨:14/8)c** Financial Resources. B IDW!gvoejoh!boe!puifs!boujdjqbufe!Gfefsbm!sftpvsdft!bwbjmbcmf!up!uif!QIB-!bt!xfmm!bt!ufobou!sfout!boe!puifs!jodpnf!bwbjmbcmf!up!tvqqpsu!ufobou.cbtfe! bttjtubodf/!!Uif!tubufnfou!bmtp!tipvme!jodmvef!uif!opo.Gfefsbm!tpvsdft!pg!gvoet!tvqqpsujoh!fbdi!Gfefsbm!qsphsbn-!boe!tubuf!uif!qmboofe!vtf!gps!uif! sftpvsdft/)35!DGS!¨:14/8)d** Rent Determination. B!tubufnfou!pg!uif!qpmjdjft!pg!uif!QIB!hpwfsojoh!sfoubm!dpousjcvujpot!pg!gbnjmjft!sfdfjwjoh!ufobou.cbtfe!bttjtubodf-! ejtdsfujpobsz!njojnvn!ufobou!sfout-boe!qbznfou!tuboebse!qpmjdjft/)35!DGS!¨:14/8)e**!!! Operation and Management. B!tubufnfou!uibu!jodmveft!b!eftdsjqujpopg!QIB!nbobhfnfou!pshboj{bujpo-!boe!b!mjtujoh!pg!uif!qsphsbnt!benjojtufsfe! cz!uif!QIB/!)35!DGS!¨:14/8)f**/ Informal Review and Hearing Procedures.B!eftdsjqujpo!pg!uif!jogpsnbm!ifbsjoh!boe!sfwjfx!qspdfevsft!uibu!uif!QIB!nblft!bwbjmbcmf!up!jut! bqqmjdbout/!)35!DGS!¨:14/8)g**!! Homeownership Programs/Btubufnfou!eftdsjcjoh!boz!ipnfpxofstijq!qsphsbnt)jodmvejoh!qspkfdu!ovncfs!boe!voju!dpvou*!benjojtufsfe!cz!uif! bhfodz!voefs!tfdujpo!9z!pg!uif!2:48!Bdu-!ps!gps!xijdi!uif!QIB!ibt!bqqmjfe!ps!xjmm!bqqmz!gps!bqqspwbm/!)35!DGS!¨:14/8)l**!! Self Sufficiency Programsand Treatment of Income Changes Resulting from Welfare Program Requirements.B!eftdsjqujpo!pgboz!QIB! qsphsbnt!sfmbujoh!up!tfswjdft!boe!bnfojujft!dppsejobufe-!qspnpufe-!ps!qspwjefe!cz!uif!QIB!gps!!bttjtufe!gbnjmjft-!jodmvejoh!uiptf!sftvmujoh!gspn!uif! -!gps!uif!foibodfnfou!pg!uif!fdpopnjd!boe!tpdjbm!tfmg.tvggjdjfodz!pg!bttjtufe!gbnjmjft-!jodmvejoh!qsphsbnt!qspwjefe tvckfdu!upTfdujpo!4!pg!uif!Ipvtjoh!boe!Dpnnvojuz!Efwfmpqnfou!Bdu! pg!2:79)35!DGS!Qbsu!246*boe!voefs!sfrvjsfnfout!gps!uif!Gbnjmz!Tfmg.Tvggjdjfodz!Qsphsbn!boe!puifst/!!Jodmvef!ui boe!bduvbm!tj{f!pg!uif!GTT!qsphsbn*!boe!nfbot!pg!bmmpdbujoh!bttjtubodf!up!ipvtfipmet/!!)35!DGS!¨:14/8)m*)j**Eftdsjcf!ipx!uif!QIB!xjmm!dpnqmz!xjui! uifsfrvjsfnfout!pg!tfdujpo!23)d*!boe!)e*!pg!uif!2:48!Bdu!uibu!sfmbuf!upusfbunfou!pg!jodpnf!dibohft!sftvmujoh!gspn!xfmgbsf!qsphsbn!sfrvjsfnfout/!!)35 DGS!¨:14/8)m*)jjj**/ Substantial Deviation. .Zfbs!Qmbo/!)35!DGS!¨:14/8)s*)3*)j**!! Significant Amendment/Modification/!!.Zfbs!boe! Boovbm!Qmbo/ fmfnfou)t*!jo!uif!tqbdf!qspwjefe/ B.2New Activities. Uijt!tfdujpo!sfgfst!up!ofx!dbqjubm!bdujwjujft!xijdi!jt!opu!bqqmjdbcmfgps!IDW.Pomz!QIBt/ B.3Progress Report. Gps!bmm!Boovbm!Qmbot!gpmmpxjoh!tvcnjttjpo!pg!uif!gjstu!Boovbm!Qmbo-!b!QIB!nvtu! nffujoh!uif!njttjpo!boe!hpbmt!eftdsjcfe!jo!uif!6.Zfbs!QIB!Qmbo/!)35!DGS!¨:14/22)d*)4*-35!DGS!¨:14/8)s*)2** B.4 Capital Improvements.Uijt!tfdujpo!sfgfst!upQIBt!uibu!sfdfjwf!gvoejoh!gspn!uif!Dbqjubm!Gvoe!Qsphsbn!)DGQ*xijdijt!opu!bqqmjdbcmfgps!IDW.Pomz! QIBt B.5Most Recent Fiscal Year Audit.Jg!uif!sftvmut!pg!uif!nptu!sfdfou!gjtdbm!zfbs!bveju!gps!uif!QI gjoejoht!jo!uif!tqbdf!qspwjefe/!!)35!DGS!¨:14/8)q**!!! C.Other Document and/or Certification Requirements. Qbhf!6 pg!7form HUD-50075-HCV )1404203135* EXHIBIT 1 C.1 Resident Advisory Board (RAB) comments/Jg!uif!SBC!ibe!dpnnfout!potvcnju!uif!dpnnfout!bt!bo!buubdinfou!up!uif! )35!DGS!¨:14/24)d*-35!DGS!¨:14/2:* C.2Certification by State of Local Officials.Gpsn!IVE.61188.TM-!Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan-!nvtu!cf!tvcnjuufe!cz!uif!QIB!bt!bo!fmfduspojd!buubdinfou!up!uif!QIB!Qmbo/)35!DGS!¨:14/26*/!!Opuf;!!B!QIB!nbz!sfrvftu!up!dibohf! jut!gjtdbm!zfbs!up!cfuufs!dppsejobuf!jut!qmboojoh!xjui!qmboojoh!epof!voefs!uif!Dpotpmjebufe!Qmbo!qspdftt!cz!Tubuf!ps!mpdbm!pggjdjbmt!bt!bqqmjdbcmf/ C.4 Civil Rights Certification/Certification Listing Policies and Programs that the PHA has Revised since Submission of its Last Annual Plan.Qspwjef! b!dfsujgjdbujpo!uibu!uif!gpmmpxjoh!qmbo!fmfnfout!ibwf!cffo!sfwjtfe-!qspwjefe!up!uif!SBC!gps!dpnnfou!cfgpsf!jnqmfnfoubujpo-!bqqspwfe!cz!uif!QIB!cpbse-! boe!nbef!bwbjmbcmf!gps!sfwjfx!boe!jotqfdujpo!cz!uif!qvcmjd/!Uijt!sfrvjsfnfou!jt!tbujtgjfecz!dpnqmfujoh!boe!tvcnjuujoh!gpsn!IVE.61188!TU.IDW.IQ-! PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed/ Gpsn!IVE.61188.TU.IDW.IQ-PHA Certifications of Compliancewith PHA Plan, Civil Rights, and Related Laws and Regulations Including PHA Plan Elements that Have Changed nvtu!cf!tvcnjuufe!cz!uif!QIB!bt!bo!fmfduspojd!buubdinfou!up!uif!QIB!Qmbo/!Uijt!jodmveft!bmm!dfsujgjdbujpot!sfmbujoh!up!Djwjm! Sjhiut!boe!sfmbufe!sfhvmbujpot/!!B!QIB!xjmm!cf!dpotjefsfe!jo!dpnqmjbodf!xjui!uif!dfsujgjdbujpo!sfrvjsfnfou!up!bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh!jg!uif! QIB!gvmgjmmt!uif!sfrvjsfnfout!pg!¨¨!:14/8)p*)2*!boe!:14/26)e*!boe;!)j*!fybnjoft!jut!qsphsbnt!ps!qspqptfe!qsphsbnt<!)jj*!jefoujgjft!boz!gbjs!ipvtjoh!jttvft! boe!dpousjcvujoh!gbdupst!xjuijo!uiptf!qsphsbnt-!jo!bddpsebodf!xjui!35!DGS!6/265<!ps!35!DGS!6/271)b*)4*!bt!bqqmjdbcmf!)jjj*!tqfdjgjft!bdujpot!boe! tusbufhjft!eftjhofe!up!beesftt!dpousjcvujoh!gbdupst-!sfmbufe!gbjs!ipvtjoh!jttvft-!boe!hpbmt!jo!uif!bqqmjdbcmf!Bttfttnfou!pg!Gbjs!Ipvtjoh!dpotjtufou!xjui!35! DGS!6/265!jo!b!sfbtpobcmf!nboofs!jo!wjfx!pg!uif!sftpvsdft!bwbjmbcmf<!)jw*!xpslt!xjui!kvsjtejdujpot!up!jnqmfnfou!boz!pg!uif!kvsjtejdujpo(t!jojujbujwft!up! bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh!uibu!sfrvjsf!uif!QIB(t!jowpmwfnfou<!)w*!pqfsbuft!qsphsbnt!jo!b!nboofs!dpotjtufou!xjui!boz!bqqmjdbcmf!dpotpmjebufe!qmbo! voefs!35!DGS!qbsu!:2-!boe!xjui!boz!psefs!ps!bhsffnfou-!up!dpnqmz!xjui!uif!bvuipsjujft!tqfdjgjfe!jo!qbsbhsbqi!)p*)2*!pg!uijt!tfdujpo<!)wj*!dpnqmjft!xjui! boz!dpousjcvujpo!ps!dpotvmubujpo!sfrvjsfnfou!xjui!sftqfdu!up!boz!bqqmjdbcmf!BGI-!jo!bddpsebodf!xjui!35!DGS!6/261!uispvhi!6/291<!)wjj*!nbjoubjot!sfdpset! sfgmfdujohuiftf!bobmztft-!bdujpot-!boe!uif!sftvmut!pg!uiftf!bdujpot<!boe!)wjjj*!ublft!tufqt!bddfqubcmf!up!IVE!up!sfnfez!lopxo!gbjs!ipvtjoh!ps!djwjm!sjhiut! wjpmbujpot/!jnqfejnfout!up!gbjs!ipvtjoh!dipjdf!xjuijo!uiptf!qsphsbnt<!beesfttft!uiptf!jnqfejnfout!jo!b!sfbtpobcmf!gbtijpo!jo!wjfx!pg!uif!sftpvsdft! ipvtjoh<!boe!bttvsft!uibu!uif! boovbm!qmbo!jt!dpotjtufou!xjui!boz!bqqmjdbcmf!Dpotpmjebufe!Qmbogps!jut!kvsjtejdujpo/!)35!DGS!¨:14/8)p**/ C.4 ChallengedElements/!Jg!boz!fmfnfou!pg!uif!Boovbm!QIB!Qmbo!ps!6.Zfbs!QIB!Qmbo!jt!dibmmfohfe-!b!QIB!nvtu!jodmvef!tvdi!jogpsnbujpo!bt!bo!buubdinfou up!uif!Boovbm!QIB!Qmbo!ps!6.Zfbs!QIB!Qmbo!xjui!b!eftdsjqu up!uif!qvcmjd/ D.Affirmatively Furthering Fair Housing (AFFH). D.1 Affirmatively Furthering Fair Housing. Uif!QIB!xjmm!vtf!uif!botxfs!cmpdlt!jo!jufn!E/2!up!qspwjef!b!tubufnfou!pg!jut!tusbufhjft!boe!bdujpot!up!jnqmfnfou fbdi!gbjs!ipvtjoh!hpbm!pvumjofe!jo!jut!bddfqufe!Bttfttnfou!pg!Gbjs!Ipvtjoh!)BGI*!dpotjtufou!xjui!35!DGS!¨!6/265)e*)6*!uibu!tubuft-!jo!sfmfwbou! vejoh!boz!qmbot!jodpsqpsbufe xijdi!uif!QIB!jt!uif!sftqpotjcmf!qsphsbn!qbsujdjqbou!xifuifs!uif!BGI!xbt!qsfqbsfe!tpmfmz!cz!uif!QIB-!kpjoumz!xjui!pof!ps!npsf!puifs!QIBt-!ps!jo! dpmmbcpsbujpo!xjui!b!tubuf!ps!mpdbm!kvsjtejdujpo!boe!tqfdjgz!uif!gbjs!ipvtjoh!tusbufhjft!boe!bdujpot!up!cf!jnqmfnfoufe!cz!uif!QIB!evsjoh!uif!qfsjpe!dpwfsfe!cz! uijt!QIB!Qmbo/!Jg!uifsf!bsf!npsf!uibo!uisff!gbjs!ipvtjoh!hpbmt-!bee!botxfs!cmpdlt!bt!ofdfttbsz/! Voujm!tvdi!ujnf!bt!uif!QIB!jt!sfrvjsfe!up!tvcnju!bo!BGI-!uif!QIB!xjmm!opu!ibwf!up!dpnqmfuf!tfdujpo!E/-!ofwfsuifmftt-!uif!QIB!xjmm!beesftt!jut!pcmjhbujpo!up! bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh!jo!qbsu!cz!gvmgjmmjoh!uif!sfrvjsfnfout!bu!35!DGS!:14/8)p*)4*!fobdufe!qsjps!up!Bvhvtu!28-!3126-!xijdi!nfbot!uibu!ju!fybnjoft!jut! pxo!qsphsbnt!ps!qspqptfe!qsphsbnt<!jefoujgjft!boz!jnqfejnfout!up!gbjs!ipvtjoh!dipjdf!xjuijo!uiptf!qsphsbnt<!beesfttft!uiptf!jnqfejnfout!jo!b!sfbtpobcmf! gbtijpo!jo!wjfx!pg!uif!sftpvsdft!bwbjmbcmf<!xpslt!xjui!mpdbm!kvsjtejdujpot!up!jn Gvsuifsnpsf-!voefs!Tfdujpo!6B)e*)26*!pg!uif!V/T/!Ipvtjoh!Bdu! pg!2:48-!bt!bnfoefe-!b!QIB!nvtu!tvcnju!b!djwjm!sjhiut!dfsujgjdbujpo!xjui!jutBoovbmQIB!Qmbo-!xijdi!jt!eftdsjcfe!bu!35!DGS!:14/8)p*)2*fydfqu!gps!rvbmjgjfe! QIBt!xip!tvcnju!uif!Gpsn!IVE.61188.DS!bt!b!tuboebmpof!epdvnfou/!! 4§¨² ¨­¥®±¬ ³¨®­ ¢®««¤¢³¨®­ ¨²  ´³§®±¨¹¤£ ¡¸ 3¤¢³¨®­ Δΐΐ ®¥ ³§¤ 1´ «¨³¸ (®´²¨­¦  ­£ 7®±ª 2¤²¯®­²¨¡¨«¨³¸ !¢³Ǿ ¶§¨¢§  ££¤£   ­¤¶ ²¤¢³¨®­ Δ! ³® ³§¤ 5ȁ3ȁ (®´²¨­¦ !¢³ ®¥ ΐΘΒΖǾ  ²  ¬¤­£¤£Ǿ ¶§¨¢§ ¨­³±®£´¢¤£ ³§¤ !­­´ « 0(! 0« ­ȁ 4§¤ !­­´ « 0(! 0« ­ ¯±®µ¨£¤²   ±¤ £¸ ²®´±¢¤ ¥®± ¨­³¤±¤²³¤£ ¯ ±³¨¤² ³® «®¢ ³¤ ¡ ²¨¢ 0(! ¯®«¨¢¨¤²Ǿ ±´«¤²Ǿ  ­£ ² ®¥ ³§¤ ¯´¡«¨¢ ¥®± ²¤±µ¨­¦ ³§¤ ­¤¤£² ®¥ «®¶ȃ ¨­¢®¬¤Ǿ µ¤±¸ «®¶ȃ ¨­¢®¬¤Ǿ  ­£ ¤·³±¤¬¤«¸ «®¶ȃ ¨­¢®¬¤ ¥ ¬¨«¨¤²ȁ 0´¡«¨¢ ±¤¯®±³¨­¦ ¡´±£¤­ ¥®± ³§¨² ¨­¥®±¬ ³¨®­ ¢®««¤¢³¨®­ ¨² ¤²³¨¬ ³¤£ ³®  µ¤± ¦¤ ΕȁΏΑ §®´± ¯¤± ±¤²¯®­²¤Ǿ ¨­¢«´£¨­¦ ³§¤ ³¨¬¤ ¥®± ±¤µ¨¤¶¨­¦ ¨­²³±´¢³¨®­²Ǿ ²¤ ±¢§¨­¦ ¤·¨²³¨­¦ £ ³  ²®´±¢¤²Ǿ ¦ ³§¤±¨­¦  ­£ ¬ ¨­³ ¨­¨­¦ ³§¤ £ ³  ­¤¤£¤£Ǿ  ­£ ¢®¬¯«¤³¨­¦  ­£ ±¤µ¨¤¶¨­¦ ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­ȁ (5$ ¬ ¸ ­®³ ¢®««¤¢³ ³§¨² ¨­¥®±¬ ³¨®­Ǿ  ­£ ±¤²¯®­£¤­³²  ±¤ ­®³ ±¤°´¨±¤£ ³® ¢®¬¯«¤³¤ ³§¨² ¥®±¬Ǿ ´­«¤²² ¨³ £¨²¯« ¸²   ¢´±±¤­³«¸ µ «¨£ /-" #®­³±®« .´¬¡¤±ȁ 0±¨µ ¢¸ !¢³ .®³¨¢¤ȁ 4§¤ 5­¨³¤£ 3³ ³¤² $¤¯ ±³¬¤­³ ®¥ (®´²¨­¦  ­£ 5±¡ ­ $¤µ¤«®¯¬¤­³ ¨²  ´³§®±¨¹¤£ ³® ²®«¨¢¨³ ³§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ ¨­ ³§¨² ¥®±¬ ¡¸ µ¨±³´¤ ®¥ 4¨³«¤ ΐΑǾ 5ȁ3ȁ #®£¤Ǿ 3¤¢³¨®­ ΐΖΏΐ ¤³ ²¤°ȁǾ  ­£ ±¤¦´« ³¨®­² ¯±®¬´«¦ ³¤£ ³§¤±¤´­£¤±  ³ 4¨³«¤ ΐΑǾ #®£¤ ®¥ &¤£¤± « 2¤¦´« ³¨®­²ȁ 2¤²¯®­²¤² ³® ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­  ±¤ ±¤°´¨±¤£ ³® ®¡³ ¨­   ¡¤­¤¥¨³ ®± ³® ±¤³ ¨­   ¡¤­¤¥¨³ȁ 4§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ £®¤² ­®³ «¤­£ ¨³²¤«¥ ³® ¢®­¥¨£¤­³¨ «¨³¸ Qbhf!7 pg!7form HUD-50075-HCV )1404203135* EXHIBIT 1 U.S. Department of Housing and Urban Development Certificationsof Compliance with Pggjdf!pg!Qvcmjd!boe!Joejbo!Ipvtjoh OMB No. 2577-0226 PHA Planand Related Regulations Expires 3/31/2024 (Standard, Troubled, HCV-Only, and High PerformerPHAs) PHA Certifications of Compliance with PHA Plan, Civil Rights,and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Boardof Commissioners of the Public Housing Agency (PHA) listed below, as its Chairpersonor other authorized PHA official if there is no Board of Commissioners, I approve the submission of theFY 2024-25Annual PHA Plan, of which this document is a part, and make the following certification and agreements with the Department of Housing and Urban Development (HUD)for the PHA fiscal year beginningJuly 1, 2024, in connection with the submission of the Plan and implementation thereof: 2/Uif!Qmbo!jt!dpotjtufou!xjui!uif!bqqmjdbcmf!dpnqsfifotjwf!ipvtjoh!bggpsebcjmjuz!tusbufhz!)ps!boz!qmbo!jodpsqpsbujoh!tvdi tusbufhz*!gps!uif!kvsjtejdujpo!jo!xijdi!uif!QIB!jt!mpdbufe)35!DGS!¨!:2/3*/ 3/Uif!Qmbo!dpoubjot!b!dfsujgjdbujpo!cz!uif!bqqspqsjbuf!Tubuf!ps!mpdbm!pggjdjbmt!uibu!uif!Qmbo!jt!dpotjtufou!xjui!uif!bqqmjdbcmf Dpotpmjebufe!Qmbo-!xijdi!jodmveft!b!dfsujgjdbujpo!uibu!sfrvjsft!uif!qsfqbsbujpo!pg!bo!Bobmztjt!pg!Jnqfejnfout)BJ*up!Gbjs Ipvtjoh!Dipjdf-!ps!Bttfttnfou!pg!Gbjs!Ipvtjoh!)BGI*!xifo!bqqmjdbcmf-!gps!uif!QIB(t!kvsjtejdujpo!boe!b!eftdsjqujpo!pg!uif nboofs!jo!xijdi!uif!QIB!Qmbo!jt!dpotjtufou!xjui!uif!bqqmjdbcmf!Dpotpmjebufe!Qmbo)35!DGS!¨¨!:2/3-!:2/336-!:2/436-!boe :2/536*/ 4/Uif!QIB!ibt!ftubcmjtife!b!Sftjefou!Bewjtpsz!Cpbse!ps!Cpbset-!uif!nfncfstijq!pg!xijdi!sfqsftfout!uif!sftjefout!bttjtufe!cz uif!QIB-!dpotvmufe!xjui!uijt!Sftjefou!Bewjtpsz!Cpbse!ps!Cpbsetjo!efwfmpqjoh!uif!Qmbo-!jodmvejoh!bozdibohft!ps!sfwjtjpot up!uif!qpmjdjft!boe!qsphsbnt!jefoujgjfe!jo!uif!Qmbocfgpsf!uifz!xfsf!jnqmfnfoufe-boe!dpotjefsfe!uif!sfdpnnfoebujpot!pg!uif SBC)35!DGS!:14/24*/!Uif!QIB!ibt!jodmvefe!jo!uif!Qmbo!tvcnjttjpo!b!dpqz!pg!uif!sfdpnnfoebujpot!nbef!cz!uif!Sftjefou Bewjtpsz!Cpbse!ps!Cpbsetboe!b!eftdsjqujpo!pg!uif!nboofs!jo!xijdi!uif!Qmbo!beesfttft!uiftf!sfdpnnfoebujpot/ 5/Uif!QIB!qspwjeft!bttvsbodf!bt!qbsu!pg!uijt!dfsujgjdbujpo!uibu; )j*Uif!Sftjefou!Bewjtpsz!Cpbse!ibe!bo!pqqpsuvojuz!up!sfwjfx!boe!dpnnfou!po!uif!dibohft!up!uif!qpmjdjft!boe!qsphsbnt cfgpsf!jnqmfnfoubujpo!cz!uif!QIB< )jj*Uif!dibohft!xfsf!evmz!bqqspwfe!cz!uif!QIB!Cpbse!pg!Ejsfdupst!)ps!tjnjmbs!hpwfsojoh!cpez*<!boe )jjj*Uif!sfwjtfe!qpmjdjft!boe!qsphsbnt!bsf!bwbjmbcmf!gps!sfwjfx!boe!jotqfdujpo-!bu!uif!qsjodjqbm!pggjdf!pg!uif!QIB!evsjoh opsnbm!cvtjoftt!ipvst/ 6/Uif!QIB!nbef!uif!qspqptfe!Qmbo!boe!bmm!jogpsnbujpo!sfmfwbou!up!uif!qvcmjd!ifbsjoh!bwbjmbcmf!gps!qvcmjd!jotqfdujpo!bu!mfbtu!56 ebzt!cfgpsf!uif!ifbsjoh-!qvcmjtife!b!opujdf!uibu!b!ifbsjoh!xpvme!cf!ifme!boe!dpoevdufe!b!ifbsjoh!up!ejtdvtt!uif!Qmbo!boe jowjufe!qvcmjd!dpnnfou/ 7/Uif!QIB!dfsujgjft!uibu!ju!xjmm!dbssz!pvu!uif!qvcmjd!ipvtjoh!qsphsbn!pg!uif!bhfodz!jo!dpogpsnjuz!xjui!ujumf!WJ!pg!uif!Djwjm Sjhiut!Bdu!pg!2:75!)53!V/T/D/!3111e.3111e5*-!uif!Gbjs!Ipvtjoh!Bdu!)53!V/T/D/!4712.2:*-!Tfdujpo!615!pg!uif Sfibcjmjubujpo!Bdu!pg!2:84!)3:!V/T/D/!8:5*-!!ujumf!JJ!pg!uif!Bnfsjdbot!xjui!Ejtbcjmjujft!Bdu!)53!V/T/D/!23212!fu!tfr/*-!boe puifs!bqqmjdbcmf!djwjm!sjhiut!sfrvjsfnfout!boe!uibu!ju!xjmm!bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh!jo!uif!benjojtusbujpo!pg!uif qsphsbn/!Jo!beejujpo-!jg!ju!benjojtufstb!Ipvtjoh!Dipjdf!Wpvdifs!Qsphsbn-!uif!QIB!dfsujgjft!uibu!ju!xjmm!benjojtufs!uif qsphsbn!jo!dpogpsnjuz!xjui!uif!Gbjs!Ipvtjoh!Bdu-!ujumf!WJ!pg!uif!Djwjm!Sjhiut!Bdu!pg!2:75-!Tfdujpo!615!pg!uif!Sfibcjmjubujpo Bdu!pg!2:84-!ujumf!JJ!pg!uif!Bnfsjdbot!xjui!Ejtbcjmjujft!Bdu-!boe!puifs!bqqmjdbcmf!djwjm!sjhiut!sfrvjsfnfout-!boe!uibu!ju!xjmm bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh!jo!uif!benjojtusbujpo!pg!uif!qsphsbn/ 8/Uif!QIB!xjmm!bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh-!xijdi!nfbot!uibu!ju!xjmm!ublf!nfbojohgvm!bdujpot!up!gvsuifs!uif!hpbmt jefoujgjfe!jo!uif!Bttfttnfou!pg!Gbjs!Ipvtjoh!)BGI*!dpoevdufe!jo!bddpsebodf!xjui!uif!sfrvjsfnfout!pg!35!DGS!¨!6/261 uispvhi!6/291-!uibu!ju!xjmm!ublf!op!bdujpo!uibu!jt!nbufsjbmmz!jodpotjtufou!xjui!jut!pcmjhbujpo!up!bggjsnbujwfmz!gvsuifs!gbjs!ipvtjoh- boe!uibu!ju!xjmm!beesftt!gbjs!ipvtjoh!jttvft!boe!dpousjcvujoh!gbdupst!jo!jut!qsphsbnt-!jo!bddpsebodf!xjui!35!DGS!¨!:14/8)p*)4*/ Uif!QIB!xjmm!gvmgjmm!uif!sfrvjsfnfout!bu!35!DGS!¨!:14/8)p*!boe!35!DGS!¨!:14/26)e*/!Voujm!tvdi!ujnf!bt!uif!QIB!jt!sfrvjsfe up!tvcnju!bo!BGI-!uif!QIB!xjmm!gvmgjmm!uif!sfrvjsfnfout!bu!35!DGS!¨!:14/8)p*!qspnvmhbufe!qsjps!up!Bvhvtu!28-!3126-!xijdi nfbot!uibu!ju!fybnjoft!jut!qsphsbnt!ps!qspqptfe!qsphsbnt<!jefoujgjft!boz!jnqfejnfout!up!gbjs!ipvtjoh!dipjdf!xjuijo!uiptf qsphsbnt<!beesfttft!uiptf!jnqfejnfout!jo!b!sfbtpobcmf!gbtijpo!jo!wjfx!pg!uif!sftpvsdft!bwbjmbcmf<!xpslt!xjui!mpdbm jowpmwfnfou<!boe!nbjoubjot!sfdpset!sfgmfdujoh!uiftf!bobmztft!boe!bdujpot/ 9/Gps!QIB!Qmbotuibu!jodmvef!b!qpmjdz!gps!tjuf.cbtfexbjujoh!mjtut; Uif!QIB!sfhvmbsmz!tvcnjut!sfrvjsfe!ebub!up!IVE(t!61169!QJD0JNT!Npevmf!jo!bo!bddvsbuf-!dpnqmfuf!boe!ujnfmz!nboofs )bt!tqfdjgjfe!jo!QJI!Opujdf3122.76*< Qbhf!2pg!4gpsn HUD-50077-ST-HCV-HP)404203135* EXHIBIT 1 Uif!tztufn!pg!tjuf.cbtfe!xbjujoh!mjtut!qspwjeft!gps!gvmm!ejtdmptvsf!up!fbdi!bqqmjdbou!jo!uif!tfmfdujpo!pg!uif!efwfmpqnfou!jo xijdi!up!sftjef-!jodmvejoh!cbtjd!jogpsnbujpo!bcpvu!bwbjmbcmf!tjuft<!boe!bo!ftujnbuf!pg!uif!qfsjpe!pg!ujnf!uif!bqqmjdbou xpvme!mjlfmz!ibwf!up!xbju!up!cf!benjuufe!up!vojut!pg!ejggfsfou!tj{ft!boe!uzqft!bu!fbdi!tjuf< Bepqujpo!pg!btjuf.cbtfe!xbjujoh!mjtu!xpvme!opu!wjpmbuf!boz!dpvsu!psefs!ps!tfuumfnfou!bhsffnfou!ps!cf!jodpotjtufou!xjui!b qfoejoh!dpnqmbjou!cspvhiu!cz!IVE< Uif!QIB!tibmm!ublf!sfbtpobcmf!nfbtvsft!up!bttvsf!uibu!tvdi!bxbjujoh!mjtu!jt!dpotjtufou!xjui!bggjsnbujwfmz!gvsuifsjoh!gbjs ipvtjoh<!boe Uif!QIB!qspwjeft!gps!sfwjfx!pg!jut!tjuf.cbtfe!xbjujoh!mjtu!qpmjdz!up!efufsnjof!jg!ju!jt!dpotjtufou!xjui!djwjm!sjhiut!mbxt!boe dfsujgjdbujpot-!bt!tqfdjgjfe!jo!35!DGS!:14/8)p*)2*/ :/Uif!QIB!xjmm!dpnqmz!xjui!uif!qspijcjujpot!bhbjotu!ejtdsjnjobujpo!po!uif!cbtjt!pg!bhf!qvstvbou!up!uif!Bhf!Ejtdsjnjobujpo!Bdu pg!2:86/ 21/Jo!bddpsebodf!xjui!35!DGS!¨6/216)b*)3*QIB!xjmm!opu!nblf!b!efufsnjobujpopg!fmjhjcjmjuz gps!ipvtjoh!cbtfe!po!tfyvbm!psjfoubujpo-!hfoefs!jefoujgz-!ps!nbsjubm!tubuvt!boe!xjmm!nblf!op!jorvjsjft!dpodfsojoh!uif!hfoefs jefoujgjdbujpo!ps!tfyvbm!psjfoubujpo!pg!bo!bqqmjdbou!gps!ps!pddvqbou!pg!IVE.bttjtufe!ipvtjoh/ 22/Uif!QIB!xjmm!dpnqmz!xjui!uif!Bsdijufduvsbm!Cbssjfst!Bdu!pg!2:79!boe!35!DGS!Qbsu!52-!Qpmjdjft!boe!Qspdfevsft!gps!uif Fogpsdfnfou!pg!Tuboebset!boe!Sfrvjsfnfout!gps!Bddfttjcjmjuz!cz!uif!Qiztjdbmmz!Iboejdbqqfe/ 23/Uif!QIB!xjmm!dpnqmz!xjui!uif!sfrvjsfnfout!pg!Tfdujpo!4!pg!uif!Ipvtjoh!boe!Vscbo!Efwfmpqnfou!Bdu!pg!2:79-!Fnqmpznfou Pqqpsuvojujft!gps!Mpx.ps!Wfsz.Mpx!Jodpnf!Qfstpot-!boe!xjui!jut!jnqmfnfoujoh!sfhvmbujpo!bu!35!DGS!Qbsu!246/ 24/Uif!QIB!xjmm!dpnqmz!xjui!bdrvjtjujpo!boe!sfmpdbujpo!sfrvjsfnfout!pguif!Vojgpsn!Sfmpdbujpo!Bttjtubodf!boe!Sfbm!Qspqfsuz Bdrvjtjujpo!Qpmjdjft!Bdu!pg!2:81!boe!jnqmfnfoujoh!sfhvmbujpot!bu!5:!DGS!Qbsu!35!bt!bqqmjdbcmf/ 25/Uif!QIB!xjmm!ublf!bqqspqsjbuf!bggjsnbujwf!bdujpo!up!bxbse!dpousbdut!up!njopsjuz!boe!xpnfo(t!cvtjoftt!foufsqsjtft!voefs!35 DGS!6/216)b*/ 26/Uif!QIB!xjmm!qspwjef!uif!sftqpotjcmf!foujuz!ps!IVEboz!epdvnfoubujpo!uibu!uif!sftqpotjcmf!foujuz!ps!IVEoffet!up!dbssz pvu!jut!sfwjfx!voefs!uif!Obujpobm!Fowjsponfoubm!Qpmjdz!Bdu!boe!puifs!sfmbufe!bvuipsjujft!jo!bddpsebodf!xjui35!DGS!Qbsu!69 ps!Qbsu!61-!sftqfdujwfmz/ 27/Xjui!sftqfdu!up!qvcmjd!ipvtjoh!uif!QIB!xjmm!dpnqmz!xjui!Ebwjt.Cbdpo!ps!IVE!efufsnjofe!xbhf!sbuf!sfrvjsfnfout!voefs Tfdujpo!23!pg!uif!Vojufe!Tubuft!Ipvtjoh!Bdu!pg!2:48!boe!uif!Dpousbdu!Xpsl!Ipvst!boe!Tbgfuz!Tuboebset!Bdu/ 28/Uif!QIB!xjmm!lffq!sfdpset!jo!bddpsebodf!xjui!3!DGS!311/444boe!gbdjmjubuf!bo!fggfdujwf!bveju!up!efufsnjof!dpnqmjbodf!xjui qsphsbn!sfrvjsfnfout/ 29/Uif!QIB!xjmm!dpnqmz!xjui!uif!Mfbe.Cbtfe!Qbjou!Qpjtpojoh!Qsfwfoujpo!Bdu,uif!Sftjefoujbm!Mfbe.Cbtfe!Qbjou!Ib{bse Sfevdujpo!Bdu!pg!2::3-boe!35!DGS!Qbsu!46/ 2:/Uif!QIB!xjmm!dpnqmz!xjui!uif!qpmjdjft-!hvjefmjoft-!boe!sfrvjsfnfout!pg!3!DGSQbsu311-!Vojgpsn!Benjojtusbujwf Sfrvjsfnfout-!Dptu!Qsjodjqmft-!boe!Bveju!Sfrvjsfnfout!gps!Gfefsbm!Gjobodjbm!Bttjtubodf-!jodmvejoh!cvu!opu!mjnjufe!up tvcnjuujoh!uif!bttvsbodft!sfrvjsfe!voefs!35!DGS!¨¨!2/6-!4/226-!9/61-!boe!218/36cz!tvcnjuujoh!bo!TG.535-!jodmvejoh!uif sfrvjsfe!bttvsbodft!jo!TG.535C!ps!E-!bt!bqqmjdbcmf/ 31/Uif!QIB!xjmm!voefsublf!pomz!bdujwjujft!boe!qsphsbnt!dpwfsfe!cz!uif!Qmbo!jo!b!nboofs!dpotjtufou!xjui!jut!Qmbo!boe!xjmm!vujmj{f dpwfsfe!hsbou!gvoet!pomz!gps!bdujwjujft!uibu!bsf!bqqspwbcmf!voefs!uif!sfhvmbujpot!boe!jodmvefe!jo!jut!Qmbo/ 32/Bmm!buubdinfout!up!uif!Qmbo!ibwf!cffo!boe!xjmm!dpoujovf!up!cf!bwbjmbcmf!bu!bmmujnft!boe!bmm!mpdbujpot!uibu!uif!QIB!Qmbo!jt bwbjmbcmf!gps!qvcmjd!jotqfdujpo/!Bmm!sfrvjsfe!tvqqpsujoh!epdvnfout!ibwf!cffo!nbef!bwbjmbcmf!gps!qvcmjd!jotqfdujpo!bmpoh!xjui uif!Qmbo!boe!beejujpobm!sfrvjsfnfout!bu!uif!qsjnbsz!cvtjoftt!pggjdf!pg!uif!QIB!boe!bubmm!puifs!ujnft!boe!mpdbujpot!jefoujgjfe cz!uif!QIB!jo!jut!QIB!Qmbo!boe!xjmm!dpoujovf!up!cf!nbef!bwbjmbcmf!bu!mfbtu!bu!uif!qsjnbsz!cvtjoftt!pggjdf!pg!uif!QIB/ 33/Uif!QIB!dfsujgjft!uibu!ju!jt!jo!dpnqmjbodf!xjui!bqqmjdbcmf!Gfefsbmtubuvupsz!boe!sfhvmbupszsfrvjsfnfout-!jodmvejoh!uif Efdmbsbujpo!pg!Usvtu)t*/ Ipvtjoh!Bvuipsjuz!pg!uif!Djuz!pg!Tboub!BobDB1:4 PHA Name PHA Number/HA Code Annual PHA Plan for Fiscal Year 202425 J!ifsfcz!dfsujgz!uibu!bmm!uif!jogpsnbujpo!tubufe!ifsfjo-!bt!xfmm!bt!boz!jogpsnbujpo!qspwjefe!jo!uif!bddpnqbojnfou!ifsfxjui-!jt!usvf!boe!bddvsbuf/!Warning: IVE!xjmm! qsptfdvuf!gbmtf!dmbjnt!boe!tubufnfout/!Dpowjdujpo!nbz!sftvmu!jo!dsjnjobm!boe0ps!djwjm!qfobmujft/!!)29!V/T/D/!2112-!2121-!2123<!42!V/T/D/!483:-!4913*/ Obnf!pg!Fyfdvujwf!EjsfdupsObnf!Cpbse!Dibjsnbo Njdibfm!M/!HbsdjbNbzps!Wbmfsjf!Bnf{dvb TjhobuvsfEbufTjhobuvsfEbuf ___________________________________________________________________________________________________________ Qbhf!3pg!4gpsn!HUD-50077-ST-HCV-HP)404203135* EXHIBIT 1 4§¤ 5­¨³¤£ 3³ ³¤² $¤¯ ±³¬¤­³ ®¥ (®´²¨­¦  ­£ 5±¡ ­ $¤µ¤«®¯¬¤­³ ¨²  ´³§®±¨¹¤£ ³® ²®«¨¢¨³ ³§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ ¨­ ³§¨² ¥®±¬ ¡¸ µ¨±³´¤ ®¥ 4¨³«¤ ΐΑǾ 5ȁ3ȁ #®£¤Ǿ 3¤¢³¨®­ ΐΖΏΐ ¤³ ²¤°ȁǾ  ­£ ±¤¦´« ³¨®­² ¯±®¬´«¦ ³¤£ ³§¤±¤´­£¤±  ³ 4¨³«¤ ΐΑǾ #®£¤ ®¥ &¤£¤± « 2¤¦´« ³¨®­²ȁ 2¤²¯®­²¤² ³® ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­  ±¤ ±¤°´¨±¤£ ³® ®¡³ ¨­   ¡¤­¤¥¨³ ®± ³® ±¤³ ¨­   ¡¤­¤¥¨³ȁ 4§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ £®¤² ­®³ «¤­£ ¨³²¤«¥ ³® ¢®­¥¨£¤­³¨ «¨³¸ȁ 4§¨² ¨­¥®±¬ ³¨®­ ¨² ¢®««¤¢³¤£ ³® ¤­²´±¤ ¢®¬¯«¨ ­¢¤ ¶¨³§ 0(! 0« ­Ǿ #¨µ¨« 2¨¦§³²Ǿ  ­£ ±¤« ³¤£ « ¶²  ­£ ±¤¦´« ³¨®­² ¨­¢«´£¨­¦ 0(! ¯« ­ ¤«¤¬¤­³² ³§ ³ § µ¤ ¢§ ­¦¤£ȁ 0´¡«¨¢ ±¤¯®±³¨­¦ ¡´±£¤­ ¥®± ³§¨² ¨­¥®±¬ ³¨®­ ¢®««¤¢³¨®­ ¨² ¤²³¨¬ ³¤£ ³®  µ¤± ¦¤ ΏȁΐΕ §®´±² ¯¤± ¸¤ ± ¯¤± ±¤²¯®­²¤Ǿ ¨­¢«´£¨­¦ ³§¤ ³¨¬¤ ¥®± ±¤µ¨¤¶¨­¦ ¨­²³±´¢³¨®­²Ǿ ²¤ ±¢§¨­¦ ¤·¨²³¨­¦ £ ³  ²®´±¢¤²Ǿ ¦ ³§¤±¨­¦  ­£ ¬ ¨­³ ¨­¨­¦ ³§¤ £ ³  ­¤¤£¤£Ǿ  ­£ ¢®¬¯«¤³¨­¦  ­£ ±¤µ¨¤¶¨­¦ ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­ȁ (5$ ¬ ¸ ­®³ ¢®««¤¢³ ³§¨² ¨­¥®±¬ ³¨®­Ǿ  ­£ ±¤²¯®­£¤­³²  ±¤ ­®³ ±¤°´¨±¤£ ³® ¢®¬¯«¤³¤ ³§¨² ¥®±¬Ǿ ´­«¤²² ¨³ £¨²¯« ¸²   ¢´±±¤­³«¸ µ «¨£ /-" #®­³±®« .´¬¡¤±ȁ ___________________________________________________________________________________________________________ Qbhf!4pg!4gpsn!HUD-50077-ST-HCV-HP)404203135* EXHIBIT 1 Certification by State or Local U.S Department of Housing and Urban Development Official of PHA Plans Consistency Pggjdf!pg!Qvcmjd!boe!Joejbo!Ipvtjoh with the Consolidated Planor PNC!Op/!3688.1337 State Consolidated Plan Expires 3/31/2024 (All PHAs) Certification by State or Local Official of PHA Plans Consistency with theConsolidated Planor State Consolidated Plan J-Upn!Ibudi-uif!Joufsjn!Djuz!Nbobhfsdfsujgz!uibu!uif!Boovbm!QIB!Qmbo!gps!Gjtdbm!Zfbs!3135. 36pg!uifIpvtjoh!Bvuipsjuz!pg!uif!Djuz!pg!Tboub!Bob!)DB1:4*jt!dpotjtufou!xjui!uifDpotpmjebufe! Qmbo!jodmvejohuif!Bobmztjt!pg!Jnqfejnfout)BJ*!up!Gbjs!Ipvtjoh!DipjdfbtbqqmjdbcmfupuifDjuz! pg!Tboub!Bob!qvstvbou!up!35!DGS!Qbsu!:2boe!35!DGS!¨¨ :14/8)p*)4*!boe!:14/26/ Qspwjef!b!eftdsjqujpo!pg!ipx!uif!QIB!Qmbodpotjtufou!xjui!uif!Dpotpmjebufe!Qmbo/ The Annual PHA Plan is consistent with the community development needs and market conditions stated in the Consolidated Plan and the Analysis of Impediments to Fair Housing Choice because the Plan supports the objectives, outcomes, and needs identified in the Plan Needs Assessment and citizen participation process. It also seeks to address the needs identified in the Analysis of Impediments to Fair Housing Choice for the City of Santa Ana. J!ifsfcz!dfsujgz!uibu!bmmuif!jogpsnbujpo!tubufe!ifsfjo-!bt!xfmm!bt!boz!jogpsnbujpo!qspwjefe!jo!uif!bddpnqbojnfou!ifsfxjui-!jt!usvf!boe!bddvsbuf/!Warning: IVE!xjmm! qsptfdvuf!gbmtf!dmbjnt!boe!tubufnfout/!Dpowjdujpo!nbz!sftvmu!jo!dsjnjobm!boe0ps!djwjm!qfobmujft/!!)29!V/T/D/!2112-!2121-!2123<!42!V/T/D/!483:-!4913* Name of Authorized Official: Ujumf; Tom Hatch Interim City Manager, City of Santa Ana Signature: Date: 4§¤ 5­¨³¤£ 3³ ³¤² $¤¯ ±³¬¤­³ ®¥ (®´²¨­¦  ­£ 5±¡ ­ $¤µ¤«®¯¬¤­³ ¨²  ´³§®±¨¹¤£ ³® ²®«¨¢¨³ ³§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ ¨­ ³§¨² ¥®±¬ ¡¸ µ¨±³´¤ ®¥ 4¨³«¤ ΐΑǾ 5ȁ3ȁ #®£¤Ǿ 3¤¢³¨®­ ΐΖΏΐ ¤³ ²¤°ȁǾ  ­£ ±¤¦´« ³¨®­² ¯±®¬´«¦ ³¤£ ³§¤±¤´­£¤±  ³ 4¨³«¤ ΐΑǾ #®£¤ ®¥ &¤£¤± « 2¤¦´« ³¨®­²ȁ 2¤²¯®­²¤² ³® ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­  ±¤ ±¤°´¨±¤£ ³® ®¡³ ¨­   ¡¤­¤¥¨³ ®± ³® ±¤³ ¨­   ¡¤­¤¥¨³ȁ 4§¤ ¨­¥®±¬ ³¨®­ ±¤°´¤²³¤£ £®¤² ­®³ «¤­£ ¨³²¤«¥ ³® ¢®­¥¨£¤­³¨ «¨³¸ȁ 4§¨² ¨­¥®±¬ ³¨®­ ¨² ¢®««¤¢³¤£ ³® ¤­²´±¤ ¢®­²¨²³¤­¢¸ ¶¨³§ ³§¤ ¢®­²®«¨£ ³¤£ ¯« ­ ®± ²³ ³¤ ¢®­²®«¨£ ³¤£ ¯« ­ȁ 0´¡«¨¢ ±¤¯®±³¨­¦ ¡´±£¤­ ¥®± ³§¨² ¨­¥®±¬ ³¨®­ ¢®««¤¢³¨®­ ¨² ¤²³¨¬ ³¤£ ³®  µ¤± ¦¤ ΏȁΐΕ §®´±² ¯¤± ¸¤ ± ¯¤± ±¤²¯®­²¤Ǿ ¨­¢«´£¨­¦ ³§¤ ³¨¬¤ ¥®± ±¤µ¨¤¶¨­¦ ¨­²³±´¢³¨®­²Ǿ ²¤ ±¢§¨­¦ ¤·¨²³¨­¦ £ ³  ²®´±¢¤²Ǿ ¦ ³§¤±¨­¦  ­£ ¬ ¨­³ ¨­¨­¦ ³§¤ £ ³  ­¤¤£¤£Ǿ  ­£ ¢®¬¯«¤³¨­¦  ­£ ±¤µ¨¤¶¨­¦ ³§¤ ¢®««¤¢³¨®­ ®¥ ¨­¥®±¬ ³¨®­ȁ (5$ ¬ ¸ ­®³ ¢®««¤¢³ ³§¨² ¨­¥®±¬ ³¨®­Ǿ  ­£ ±¤²¯®­£¤­³²  ±¤ ­®³ ±¤°´¨±¤£ ³® ¢®¬¯«¤³¤ ³§¨² ¥®±¬Ǿ ´­«¤²² ¨³ £¨²¯« ¸²   ¢´±±¤­³«¸ µ «¨£ /-" #®­³±®« .´¬¡¤±ȁ tğŭĻ Њ ƚŅ Њ ŅƚƩƒ I 5ΏЎЉЉААΏ{\[ ΛЌΉЌЊΉЋЉЋЍΜ EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 TheHousingAuthorityoftheCityofSantaAnais La Autoridad de Vivienda de la Ciudad de Santa preparing our Annual Plan for FY 2024-2025to Ana está preparandoelPlanAnualparaelaño submit to the U.S. Department of Housing and fiscalAF2024-2025parapresentarloal Urban Development. We want your input and DepartamentodeViviendayDesarrollo Urbano de feedback to help us develop our Annual Plan.EE.UU. Queremos su opinión y comentarios para Discussion topics will include: housing needs; ayudarnosadesarrollarnuestroPlanAnual.Los tenant eligibility, selection and admissions; temas de conversación incluirán: necesidades de housing authority financial resources; rent vivienda; elegibilidad, selección y admisión de determination policies and Payment Standards; inquilinos; recursos financieros de la Autoridad de PHA grievance procedures; family self-Vivienda; normas de determinacióndelarentay sufficiency;andotherimportantissuespertaining estándaresdepago;procedi-mientos de to the management and administration of our reclamacióndelaPHA;autosuficienciafamiliar y otros asuntos importantes relacionados con la gestión y administración del programa de nuestra comunidad. MEETINGDATE,TIME,AND MEETINGDATE,TIME,AND LOCATION: LOCATION: FECHA,HORAYLUGARDELAREUNIÓN: DATE:MONDAY,FEBRUARY12TH,2024 DATE:MONDAY,FEBRUARY12TH,2024 TIME:2:00PM-3:00PM TIME:2:00PM-3:00PM FECHA:LUNES,12DEFEBRERODEL2024 ECHA:UNS,1DFEBRREL224 LOCATION:SANTAANAHOUSINGAUTHORITY LOCATION:SANTAANAHOUSINGAUTHORITY HORA:2:00PMA3:00PM RA:0PMA0PM 20CIVICCENTERPLAZA 20CIVICCENTERPLAZA LUGAR:SANTAANAHOUSINGAUTHORITY LUGAR:SANTAANAHOUSINGAUTHORITY SANTAANA,CA92701 SANTAANA,CA92701 20CIVICCENTERPLAZA 20CIVICCENTERPLAZA SANTAANA,CA92701 SANTAANA,CA92701 IFYOUWOULDLIKETOPARTICIPATEIN IFYOUWOULDLIKETOPARTICIPATEIN THISMEETING,PLEASERSVPBY THISMEETING,PLEASERSVPBY SIDESEAPARTICIPARENESTAREUNIÓN,FAVOR CALLING(714)667-2269.THISMEETING CALLING(714)667-2269.THISMEETING DE CONFIRMAR SU ASISTENCIA LLAMANDO AL WILLBEIN-PERSON.ENGLISH,SPANISH WILLBEIN-PERSON.ENGLISH,SPANISH (714)667-2269.ESTAREUNIÓNSERÁENPERSONA. ANDVIETNAMESEMEETINGSWILLBE ANDVIETNAMESEMEETINGSWILLBE HABRÁ REUNIONES DISPONIBLES EN INGLÉS, AVAILABLE. AVAILABLE. ESPAÑOL Y VIETNAMITA. EXHIBIT 1 TheHousingAuthorityoftheCityofSantaAnais n Lý Nhà Thành PhSantaAna preparing ourAnnual Plan for FY20242025to n bKHo submit to the U.S. Department of Housing and chánh 20242025trình lên BPhát Trin Nhà Urban Development. We want your input and Hoa K. Chúng tôi mun ghi nhn phn feedback to help us develop our Annual Plan.hi ca quý vgiúp chúng tôi phát trin K Discussion topics will include:housing needs; Hoa chúng tôi. Các chtho tenant eligibility, selection and admissions; lun sbao gm: nhu cu nhà u kin housing authority financial resources; rent ci thuê, la chn và chp nhn; ngun h determination policies and Payment Standards; trtài chánh cn lý nhà ; chính PHA grievance procedures; family self-sách xác nh tin thuê nhà và Tiêu Chun Thanh sufficiency;andotherimportantissuespertaining Toán; thtckhiuni PHA; giattúc; và các to the management and administration of our vquan trn vic qun lý vàuhànhtrìnhcacngngchúngta. MEETINGDATE,TIME,ANDNGÀY,GIVÀAIMHP: MEETINGDATE,TIME,ANDNGÀY,GIVÀAIMHP: LOCATION: LOCATION: NGÀY:THHAI,NGÀY12THÁNG2,2024 NGÀY:THHAI,NGÀY12THÁNG2,2024 DATE:MONDAY,FEBRUARY12TH,2024GI:2:00CHIU3:00CHIU DATE:MONDAY,FEBRUARY12TH,2024GI:2:00CHIU3:00CHIU TIME:2:00PM3:00PMAIM:CQUANQUNLÝNHÀSANTAANA TIME:2:00PM3:00PMAIM:CQUANQUNLÝNHÀSANTAANA LOCATION:SANTAANAHOUSINGAUTHORITY20CIVICCENTERPLAZA LOCATION:SANTAANAHOUSINGAUTHORITY 20CIVIENTERPLZA 20CIVICCENTERPLAZASANTAANA,CA92701 IICCTAZANAAAA201 SANTAANA,CA92701 SANTAANA,CA92701 IFYOUWOULDLIKETOPARTICIPATEIN IFYOUWOULDLIKETOPARTICIPATEIN NUQUÝVMUNTHAMGIACUCHP NUQUÝVMUNTHAMGIACUCHP THISMEETING,PLEASERSVPBY THISMEETING,PLEASERSVPBY NÀY,XINVUILÒNGTRLIBNGCÁCH NÀY,XINVUILÒNGTRLIBNGCÁCH CALLING(714)667-2269.THISMEETING CALLING(714)667-2269.THISMEETING GIS(714)667-2229.ÂYLÀMTCUC GIS(714)667-2229.ÂYLÀMTCUC WILLBEIN-PERSON.ENGLISH,SPANISH WILLBEIN-PERSON.ENGLISH,SPANISH HPTRCTIP.SCÓCÁCCUCHP HPTRCTIP.SCÓCÁCCUCHP ANDVIETNAMESEMEETINGSWILLBE ANDVIETNAMESEMEETINGSWILLBE BNGTINGANH,TINGTÂYBANNHAVÀ BNGTINGANH,TINGTÂYBANNHAVÀ AVAILABLE. AVAILABLE. TINGVIT. TINGVIT. EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 22030 -2200 - Resident Advisory Board Meeting Agenda February 12, 2024 I.Welcome and Introductions II.Explanation of the Purpose and Function of the Resident Advisory Board (24 CFR 903.13) III.Explanation of the Housing Authority Annual Plan (24 CFR 903.3) IV.Explanation of the Housing Choice Voucher Program Administrative Plan Update and How it Relates to the Annual Plan Recommendations by the Resident Advisory Board on Items in the Santa Ana Housing Authority Annual Plan: (24 CFR 903.7) Housing Needs and Strategy for Addressing Housing Needs EXHIBIT 1 Eligibility, Selection, and Admissions Rent Determination What Operation and Management Family Self-Sufficiency - EXHIBIT 1 - - Progress to Fulfill Our Mission EXHIBIT 1 CITY OF SANTA ANA SANTA ANA HOUSING AUTHORITY 22030 -2200 - Orden del día de la Reunión del Consejo Asesor de Residentes 12 de febrero del 2024 I.Bienvenida y presentaciones II.Explicación del propósito y la función del Consejo Asesor de Residentes(24 CFR 903.13) III.Explicación del plan anual de la Autoridad de Vivienda (24 CFR 903.3) IV.Explicación de la actualización del plan administrativo del Programa de Vales de Elección de Vivienda y su relación con el plan anual Recomendaciones del Consejo Asesor de Residentes sobre los artículos del Plan Anual de la Autoridad de Vivienda de Santa Ana: (24 CFR 903.7) Necesidades de vivienda y estrategia para abordar las necesidades de vivienda vivie EXHIBIT 1 Elegibilidad, selección y admisiones Determinación de renta Operación y gestión ¿Qué Autosuficiencia familiar EXHIBIT 1 Progreso para cumplir nuestra misión EXHIBIT 1 -2200 - I. II.M(24 CFR 903.13) III.K(24 CFR 903.3) C (24 CFR 903.7) 1.Nhu cu nhà ca quý vlà gì và hãy cho bit ba nhu cu nhà u ca quý v? 2.Quý v có nhng ngh gii quyt hiu qu u nhà ca mình? 3.Là nhà cung cp dch v h tr nhà ln nht trong cng ca chúng ta, theo quý v, gii quyt nhu cu nhà trong cng ca chúng ta? EXHIBIT 1 4.Quý v có nh ngh i hay ci thin các chính sách v u kin, la chn và chp nhn ca chúng tôi, bao gm các th tc phân quyn và danh sách ch? 5.Quý vnghi hay ci thinh tin thuê nhà ca chúng tôi? 6.Quý v nghi hay ci thin viu Hành và Qun Lý ca chúng tôi? - 7.Quý v có nh ngh i hay ci thi Lc ca chúng tôi? 8.Quý vcó nh ngh khuyy thêm nhic h tr Lc ca chúng tôi? EXHIBIT 1 M 9.Làm th nào chúng tôi có th ci thin tin trình c hoàn thành s mnh ca mình và h tr tu nhà ca quý v? 10. Quý vngh ci thitrình và dch v ca chúng tôi cho quý v, ch nhà và cng ca chúng ta không? EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 EXHIBIT 2 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA APPROVINGTHE SUBMISSION OF THE ANNUAL PLANFOR FISCAL YEAR 2024-2025 BE IT RESOLVED BY THE MEMBERS OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1.The Housing Authority of the City of Santa Ana conclusively finds, determines and declares as follows: A. by the U.S. Department of Housing aanAnnual Plan due to the fact that the Authority administers a Housing Choice Voucher Rental Assistance Program. B.AnnualPlan is to advise HUD, program participants and membersof the public of its mission and strategy to serve the needs of very low-income families. It provides information about the current operations of the Authority,including programs, participants, services for the upcoming year, and any operational or tenant concerns. C.The Authority is required to review its operations and needs for the Annual Planwith input from HCVparticipants. Three (3)Resident Advisory Board Meetings wereheld on February 12,2024,with responses incorporated into the AnnualPlan, as required by HUD regulations. D.HUD regulations require a forty-five (45) day public comment period. On February 16,2024,a legal notice was published in the Orange County Register, Nguoi Viet and La Opinión advising the public thata draft of the Annual Plan was available for public review and comment and a public hearing would be held on April 2,2024. The public comment period ended onApril 2,2024. Further, a public hearing was held by the AuthorityonApril 2,2024, and all comments received at the hearing are included in the final documents to be submitted to HUD. Section 2.The Annual Planfor Fiscal Year2024-2025of the Housing Authority of the City of Santa Ana is hereby approved and adopted. Said Annual Plan shall be submitted by the Authority to HUD. Section 3.This Resolution shall take effect immediately upon its adoption by the Authority Board,and the Recording Secretary for the Authority shall attest to and certify the vote adopting this Resolution. Resolution 2024-XXX Page 1of 2 EXHIBIT 2 ADOPTED this _____ day of ______________,2024. _____________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, General Counsel By:_____________________ Andrea Garcia-Miller Assistant Counsel AYES:Boardmembers:__________________________ NOES:Boardmembers:__________________________ ABSTAIN:Boardmembers:__________________________ NOT PRESENT:Boardmembers:__________________________ CERTIFICATION OF ATTESTATION AND ORIGINALITY I,JENNIFER L. HALL,Recording Secretary to the Housing Authorityof the City of Santa Ana, do hereby attest to and certify the attached Resolution No. 2024-to be the original resolution adopted by the Housing Authority of the City ofSanta Ana on April 2,2024. Date: __________________________________________________ Jennifer L. Hall,Recording Secretary Resolution 2024-XXX Page 2of 2 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3 EXHIBIT 3