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Agenda Packet_2024-09-17
City Council City Council and Special Successor Agency Meeting Packet September 17, 2024 CLOSED SESSION MEETING – 4:30 PM REGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Mayor Pro Tem – Ward 1 Benjamin Vazquez Councilmember Ward 2 Jessie Lopez Councilmember Ward 3 Phil Bacerra Councilmember Ward 4 Johnathan Ryan Hernandez Councilmember Ward 5 David Penaloza Councilmember Ward 6 Mayor and Council telephone: 7146476900 Agenda item inquiries: 7146476520 Sonia R. Carvalho City Attorney Alvaro Nuñez City Manager Jennifer L. Hall City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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 Government Code Section 54956.9: James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al. Orange County Superior Court Case No. 30202401402208CUWMCJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 1 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes. CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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 Government Code Section 54956.9: James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al. Orange County Superior Court Case No. 30202401402208CUWMCJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 2 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: MAILING OPTION written communications – Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review. LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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 Government Code Section 54956.9: James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al. Orange County Superior Court Case No. 30202401402208CUWMCJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 3 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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 Government Code Section 54956.9: James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al. Orange County Superior Court Case No. 30202401402208CUWMCJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 4 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business. 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 Government Code Section 54956.9: James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al. Orange County Superior Court Case No. 30202401402208CUWMCJC 2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: One (1) case – Union Pacific 3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 5 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees 4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 6 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Pastor Matt Doan, Calvary Church Santa Ana ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month 2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month 3.Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary 4.Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month 5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 7 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances. 6.Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 7.Minutes from the Regular Meeting of August 20, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. 8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk’s Office Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office. 9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) Department(s): Library Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) 10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 8 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX). 11.Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX). 12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes) 13.Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 9 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX). 14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non General Fund) (RFP #24084) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX). 15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 10 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731. 16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 11 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. 17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana) Department(s): Public Works Agency; Library Services Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No. A2024XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802. 18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 12 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962. 19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 13 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). 20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR** BUSINESS CALENDAR 21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 Department(s): City Manager’s Office Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 14 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items. 22.Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 15 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.22.Public Hearing: Amendment Application (Zone Change) No. 202303, DevelopmentAgreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule ofthe Orange County Airport Land Use Commission’s Determination of Inconsistencyfor the Related Bristol Specific Plan Entitlements and Development Agreement (3600S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date.Department(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution to (1) certify the Final Supplemental Environmental ImpactReport (SEIR) No. 202201 (SCH No. 2020029087), including adoption ofenvironmental findings of fact pursuant to the California Environmental Quality Act, (2)adopt a Statement of Overriding Considerations, and (3) adopt the MitigationMonitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302; ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: 6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS 23.Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 16 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.22.Public Hearing: Amendment Application (Zone Change) No. 202303, DevelopmentAgreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule ofthe Orange County Airport Land Use Commission’s Determination of Inconsistencyfor the Related Bristol Specific Plan Entitlements and Development Agreement (3600S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date.Department(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution to (1) certify the Final Supplemental Environmental ImpactReport (SEIR) No. 202201 (SCH No. 2020029087), including adoption ofenvironmental findings of fact pursuant to the California Environmental Quality Act, (2)adopt a Statement of Overriding Considerations, and (3) adopt the MitigationMonitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TOAPPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATEDAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) ANDCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SPNO. 5);4. Conduct a first reading and adopt an ordinance approving DevelopmentAgreement No. 202302;ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202302 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOLSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OFSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, ANDMCG BRISTOL WEST LLC;5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (CountyMap No. 19272), as conditioned; andRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSEDEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLANPROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOLSTREET;Concurrently and as a separate implementation action of the General Plan Update(2022), it is recommended that the City Council take the following action:6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, andResolution No. 2000062 modifying procedures for participating in the South Coast,the Sandpointe, and the South Metro Permit Parking Districts.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTIONNO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKINGDISTRICT PETITIONS23.Public Hearing: Consolidated Annual Performance and Evaluation Report for FiscalYear 202324Legal notice published in the Orange County Register on August 14, 2024 and in LaOpinion and Nguoi Viet on August 19, 2024.Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. 24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 17 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.22.Public Hearing: Amendment Application (Zone Change) No. 202303, DevelopmentAgreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule ofthe Orange County Airport Land Use Commission’s Determination of Inconsistencyfor the Related Bristol Specific Plan Entitlements and Development Agreement (3600S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date.Department(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution to (1) certify the Final Supplemental Environmental ImpactReport (SEIR) No. 202201 (SCH No. 2020029087), including adoption ofenvironmental findings of fact pursuant to the California Environmental Quality Act, (2)adopt a Statement of Overriding Considerations, and (3) adopt the MitigationMonitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TOAPPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATEDAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) ANDCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SPNO. 5);4. Conduct a first reading and adopt an ordinance approving DevelopmentAgreement No. 202302;ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202302 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOLSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OFSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, ANDMCG BRISTOL WEST LLC;5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (CountyMap No. 19272), as conditioned; andRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSEDEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLANPROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOLSTREET;Concurrently and as a separate implementation action of the General Plan Update(2022), it is recommended that the City Council take the following action:6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, andResolution No. 2000062 modifying procedures for participating in the South Coast,the Sandpointe, and the South Metro Permit Parking Districts.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTIONNO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKINGDISTRICT PETITIONS23.Public Hearing: Consolidated Annual Performance and Evaluation Report for FiscalYear 202324Legal notice published in the Orange County Register on August 14, 2024 and in LaOpinion and Nguoi Viet on August 19, 2024.Department(s): Community Development AgencyRecommended Action: Authorize submission of the Consolidated AnnualPerformance and Evaluation Report to the U.S. Department of Housing and UrbanDevelopment.24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreementfor Acquisition of Real Property at the Southwest Corner of Main Street and ThirdStreet (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund)Legal notice published in the OC Reporter on August 30 and September 9, 2024.Department(s): Community Development AgencyRecommended Action: CITY COUNCIL ACTION1. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the City Manager toexecute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALEAGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSORAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OFSANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT2. Authorize the City Manager to execute the Purchase and Sale Agreement and allrequired documents for the acquisition of real property located at the SouthwestCorner of Main Street and Third Street (APN 39860102) in the amount of $190,000plus closing costs (Agreement No. A2024XXX).SUCCESSOR AGENCY ACTION1. Adopt a resolution declaring a Successor Agency owned property as exemptSurplus Land for the purpose of a Purchase and Sale agreement with the City ofSanta Ana.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESORAGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THECITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKINGLOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUSLAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA,THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includesdetermination that the sale of the property is exempt from the California EnvironmentalQuality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section15301)2. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARINGS** COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting. In Memory of Don Cribb Future Items 1. Continuing Appropriations (Carry Forwards) 2. Classification and Compensation Study Consultant Agreement 3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 18 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.22.Public Hearing: Amendment Application (Zone Change) No. 202303, DevelopmentAgreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule ofthe Orange County Airport Land Use Commission’s Determination of Inconsistencyfor the Related Bristol Specific Plan Entitlements and Development Agreement (3600S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date.Department(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution to (1) certify the Final Supplemental Environmental ImpactReport (SEIR) No. 202201 (SCH No. 2020029087), including adoption ofenvironmental findings of fact pursuant to the California Environmental Quality Act, (2)adopt a Statement of Overriding Considerations, and (3) adopt the MitigationMonitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TOAPPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATEDAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) ANDCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SPNO. 5);4. Conduct a first reading and adopt an ordinance approving DevelopmentAgreement No. 202302;ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202302 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOLSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OFSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, ANDMCG BRISTOL WEST LLC;5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (CountyMap No. 19272), as conditioned; andRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSEDEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLANPROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOLSTREET;Concurrently and as a separate implementation action of the General Plan Update(2022), it is recommended that the City Council take the following action:6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, andResolution No. 2000062 modifying procedures for participating in the South Coast,the Sandpointe, and the South Metro Permit Parking Districts.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTIONNO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKINGDISTRICT PETITIONS23.Public Hearing: Consolidated Annual Performance and Evaluation Report for FiscalYear 202324Legal notice published in the Orange County Register on August 14, 2024 and in LaOpinion and Nguoi Viet on August 19, 2024.Department(s): Community Development AgencyRecommended Action: Authorize submission of the Consolidated AnnualPerformance and Evaluation Report to the U.S. Department of Housing and UrbanDevelopment.24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreementfor Acquisition of Real Property at the Southwest Corner of Main Street and ThirdStreet (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund)Legal notice published in the OC Reporter on August 30 and September 9, 2024.Department(s): Community Development AgencyRecommended Action: CITY COUNCIL ACTION1. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the City Manager toexecute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALEAGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSORAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OFSANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT2. Authorize the City Manager to execute the Purchase and Sale Agreement and allrequired documents for the acquisition of real property located at the SouthwestCorner of Main Street and Third Street (APN 39860102) in the amount of $190,000plus closing costs (Agreement No. A2024XXX).SUCCESSOR AGENCY ACTION1. Adopt a resolution declaring a Successor Agency owned property as exemptSurplus Land for the purpose of a Purchase and Sale agreement with the City ofSanta Ana.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESORAGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THECITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKINGLOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUSLAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA,THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includesdetermination that the sale of the property is exempt from the California EnvironmentalQuality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section15301)2. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the Executive Directorto execute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSORAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OFSANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THEDISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RDSTREET AND MAIN STREET PARKING LOT3. Authorize the Executive Director to execute the Purchase and Sale Agreement andall required documents for the acquisition of real property located at the SouthwestCorner of Main Street and Third Street (APN 39860102) in the amount of $190,000plus closing costs (Agreement No. A2024XXX).**END OF PUBLIC HEARINGS**COUNCILMEMBER REQUESTED ITEMS25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk toRescind the “Guidelines for filming, photography and recording of City of Santa Anapublic meetings” Media Policy – Councilmembers Vazquez and LopezCITY MANAGER COMMENTSCOUNCIL COMMENTSAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time formembers of the Council to provide a brief oral report on attendance of any regional board orcommission meeting or any conference, meeting or event attended.ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agencymeeting.In Memory ofDon CribbFuture Items1. Continuing Appropriations (Carry Forwards)2. Classification and Compensation Study Consultant Agreement3. Main Library Office and Library Furniture AgreementsPOSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. SPECIAL SUCCESSOR AGENCY CALL TO ORDER ATTENDANCE Agency Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA PUBLIC HEARING PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item. 1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024. Department(s): Community Development Agency Recommended Action: CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 19 9/17/2024 City Council City Council and Special SuccessorAgency Meeting PacketSeptember 17, 2024CLOSED SESSION MEETING – 4:30 PMREGULAR OPEN MEETING – 5:30 PM (Immediately following the Closed Session Meeting)CITY COUNCIL CHAMBER22 Civic Center Plaza Santa Ana, CA 92701Valerie AmezcuaMayorThai Viet PhanMayor Pro Tem – Ward 1 Benjamin VazquezCouncilmember Ward 2Jessie LopezCouncilmember Ward 3 Phil BacerraCouncilmember Ward 4Johnathan Ryan HernandezCouncilmember Ward 5 David PenalozaCouncilmember Ward 6Mayor and Council telephone: 7146476900Agenda item inquiries: 7146476520Sonia R. CarvalhoCity Attorney Alvaro NuñezCity Manager Jennifer L. HallCity ClerkIn compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting,contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enablethe City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supportingdocumentation can be found on the City’s website – www.santaana.org/agendasandminutes.CITY VISION AND CODE OF ETHICSThe City of Santa Ana is committed to achieving a shared vision for the organization and itscommunity. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtfuland inclusive process designed to set the City and organization on a course that meets thechallenges of today and tomorrow, as follows:Vision The dynamic center of Orange County which is acclaimed for our: Investment inyouth • Safe and healthy community • Neighborhood pride • Thriving economic climate •Enriched and diverse culture • Quality government servicesMission To deliver efficient public services in partnership with our community which ensurespublic safety, a prosperous economic environment, opportunities for our youth, and a highquality of life for residents.Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility •Innovation • TransparencyCode of Ethics and Conduct At the Special Municipal Election held on February 5, 2008,voters approved an amendment to the City Charter which established the Code of Ethics andConduct for elected officials and members of appointed boards, commissions, andcommittees to assure public confidence. The following are the core values expressed: •Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • EfficiencyMembers of the public may attend the City Council meeting inperson or join via Zoom. As acourtesy to the public, the City Council meeting will occur live via teleconference Zoomwebinar. You may view the meeting from your computer, tablet, or smart phone via YouTubeLiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrumchannel 3.PUBLIC COMMENTS – Members of the public who wish to address the City Council onclosed session items, items on the regular agenda, or on matters which are not on theagenda but are within the subject matter jurisdiction of the City Council, may do so by one ofthe following ways:MAILING OPTION written communications – Public comments may be mailed to:Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All writtencommunications received via mail by 4:00 p.m. on the day of the meeting will bedistributed to the City Council and imaged into the City’s document archive systemwhich is available for public review.SENDING EMAIL OPTION – Public comments may be sent via email to the CityClerk’s office at eComment@santaana.org. Please note the agenda item you arecommenting on in the subject line of the email. All emails received two (2) hours beforethe scheduled start of the meeting will be distributed to the City Council and imagedinto the City’s document archive system which is available for public review.LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide livecomments during the meeting by Zoom or Conference Call. To join by Zoom click on ortype the following address into your web browserhttps://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerkwhen it is time for a: i) closed session item, ii) agenda/general comments, iii) publichearing item, iv) special agenda item, or v) for Housing Authority item. You may requestto speak by dialing *9 from your phone or you may virtually raise your hand from Zoom.After the Clerk confirms the last three digits of the caller’s phone number or Zoom IDand unmutes them, the caller must press *6 or microphone icon to speak. Callers areencouraged, but not required, to identify themselves by name. Each caller will beprovided three (3) minutes to speak, unless due to the number of speakers wanting tospeak a decision is made to provide a different amount of time to speak.INPERSON OPTION Members of the public can provide inperson comments at thepodium in the Council Chamber. The Council Chamber will have seating available formembers of the public to attend the meeting inperson. Public comments are limited tothree (3) minutes per speaker, unless a different time is announced by the presidingchair. Speakers who wish to address the Council must do so by submitting a“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m.for all other designated public comment periods as listed below. Cards will not beaccepted after the Public Comment Session begins without the permission of thepresiding chair.The following designated public comment periods are:1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide livecomments on closed session items by joining Zoom or the Conference Call as described inthe LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will openat 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your handBY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m.will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDAITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom orthe Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTSOPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THECONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not inthe speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can providecomments by joining Zoom or the Conference Call as described in the LIVE or INPERSONPUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not bepermitted to speak. TRANSLATION SERVICES Spanish interpreting services are provided at CityCouncil meetings. Simultaneous Spanish interpretation is provided through the useof headsets and consecutive interpretation (SpanishtoEnglish) in addition to thosewishing to address the City Council at the podium. La ciudad provee servicios de interpretación al español en las juntas del Consejo. La interpretación simultánea al español se ofrece por medio del uso de audífonos yla interpretación consecutiva (español a inglés) también está disponible paracualquiera que desee dirigirse al consejo municipal en el podio.About the AgendaTo download or view the attachments (staff report and other supporting documentation) foreach agenda item, you must select the agenda item to see the attachments to either open ina new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).CLOSED SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO CLOSED SESSIONPUBLIC COMMENTS – Members of the public may address the City Council on ClosedSession items.RECESS – City Council will recess to Closed Session for the purpose of conducting regularCity business.CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certainmatters without members of the public present. The City Council finds, based on advice fromthe City Attorney, that discussion in open session of the following matters will prejudice theposition of the City in existing and anticipated litigation:1.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant toParagraph 1 of subdivision (d) of Government Code Section 54956.9:James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, etal.Orange County Superior Court Case No. 30202401402208CUWMCJC2.CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant toParagraph (4) of subdivision (d) of Government Code Section 54956.9:One (1) case – Union Pacific3.CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section54957.6(a):Agency Negotiator: Lori Schnaider, Executive Director of Human ResourcesEmployee Organization: Service Employee International Union Local 721, PartTimeNonCivil Service Employees4.PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section54957(b)(1)Title: Independent Oversight Director to the Santa Ana Police Oversight CommissionRECONVENE – City Council will reconvene to continue regular City business.CITY COUNCIL REGULAR OPEN SESSIONCALL TO ORDERATTENDANCE Council Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezMayor Pro Tem Thai Viet PhanMayorValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLPLEDGE OF ALLEGIANCE Mayor AmezcuaWORDS OF INSPIRATION Pastor Matt Doan, CalvaryChurch Santa AnaADDITIONS\DELETIONS TO THE AGENDACEREMONIAL PRESENTATIONS1.Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliancedeclaring September 2024 as Hunger Action Month2.Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange Countydeclaring September 2024 as World Alzheimer's Month3.Proclamation presented by Councilmember Bacerra to Bochasanwasi AksharPurushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50yearAnniversary4.Proclamation presented by Councilmember Lopez to the Orange County Health CareAgency’s Behavioral Health Team declaring September 2024 as National RecoveryMonth5.Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, andRotary Clubs declaring September 2024 as Service Club Organizations MonthCLOSED SESSION REPORT – The City Attorney will report on any action(s) from ClosedSession.PUBLIC COMMENTS – Public comments will be held during the beginning of the meetingfor ALL comments on agenda and nonagenda items, with the exception of public hearings.Comments for public hearings will take place after the hearing is opened.CONSENT CALENDARRECOMMENDED ACTION: Approve staff recommendations on the followingConsent Calendar Items: 6 through 20 and waive reading of all resolutionsand ordinances. 6.Excused AbsencesDepartment(s): City Clerk’s OfficeRecommended Action: Excuse the absent members.7.Minutes from the Regular Meeting of August 20, 2024Department(s): City Clerk’s OfficeRecommended Action: Approve minutes.8.Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6Representative to the Historic Resources Commission for a Partial Term ExpiringDecember 8, 2026Department(s): City Clerk’s OfficeRecommended Action: Appoint Alejandra Rodriguez to the Historic ResourcesCommission as the Ward 6 representative and administer the Oath of Office.9.Appropriation Adjustment Recognizing $15,803 in California State Library Funding(General Fund)Department(s): LibraryRecommended Action: Approve an appropriation adjustment to recognize $15,803in California State Library California Library Services Act funds in the LibraryMiscellaneous Income revenue account and appropriate the same into the Library Techand Support Services, Computer Software Subscriptions expenditure account, to applytoward Library eresources. (Requires five affirmative votes)10.Donation Agreement with The Frida Cinema to Sponsor the DTSA First SaturdayArtWalk (General Fund)Department(s): Community Development AgencyRecommended Action: Authorize the City Manager to execute a DonationAgreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) FirstSaturday ArtWalk for a oneyear term beginning October 1, 2024 and endingSeptember 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024XXX).11.Amendment to the Facilities Use Agreement with the Training and ResearchFoundation to Add the Logan Community Center as a Service Location to ProvideLicensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community ServicesRecommended Action: Authorize the City Manager to execute an amendment to thefacilities use agreement with the Training Research Foundation (TRF) to add theLogan Community Center as a service location to provide childcare services to SantaAna children and families, increasing the monthly fee by $600 for a monthly total fee of$2,600 for 10 months, from September 1, 2024 through June 30, 2025. (AgreementNo. A2024XXX).12.Agreement with Power of One Foundation (POOF), for a copresented Fiestas DelMariachi Event and Related Services; and, Award Sunbelt Rentals Inc. PurchaseOrder Contract for Event Floor Cover (General Fund)Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Authorize the City Manager to execute an agreement withPower of One Foundation to copresent a Fiestas Del Mariachi event at Santa AnaStadium, for an amount not to exceed 80% of revenue earned after expenditurerecovery for a term beginning September 18, 2024 and ending October 31, 2024(Agreement No. A2024XXX).2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an eventfloor cover for Santa Ana Stadium in an amount not to exceed $118,548.3. Approve an appropriation adjustment in the amount of $118,548 from thespendable General Fund balance to the PRCSA, Recreation and CommunityServices, ContractualProfessional Services expenditure account (0111323062300).(Requires five affirmative votes)13.Agreement with Valley Maintenance Corporation for Janitorial Services at VariousCity Locations (RFP No. 24076) (General Fund and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withValley Maintenance Corporation for Janitorial Services at various locations in anamount not to exceed $6,503,284, for the term beginning November 1, 2024 andexpiring October 31, 2027, with provisions for one, twoyear extension (AgreementNo. A2024XXX).14.Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Complianceand Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084)Department(s): Public Works AgencyRecommended Action: Authorize the City Manager to execute an agreement withThe Solis Group for Community Workforce Agreement professional administrationservices to provide professional services in overseeing and monitoring laborcompliance requirements, for a threeyear term beginning September 17, 2024 andexpiring on September 16, 2027, with the provision for one, twoyear extension, in anamount not to exceed $2,000,000 (Agreement No. A2024XXX).15.Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park MainStreet Entrance Project (Project No. 202731) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,807,000 in the Parks Capital Grants, State GrantDirect revenue account andappropriate the same amount into the Parks Capital Grants, Improvements OtherThan Buildings expense account. (Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $400,000 in the ResidentialDevelopment District 2, Prior Year Carry Forward revenue account and appropriatethe same amount into Residential Development District 2, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)3. Approve the Project Cost analysis for a total estimated construction delivery cost of$3,207,000, which includes $2,763,816, for the construction contract; $166,802 forcontract administration, inspection, and testing; and a $276,382 project contingencyfor unanticipated or unforeseen work.4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $3,207,000 in construction funds for the Santiago Park Main StreetEntrance Project.5. Award a construction contract to Armstrong Cal Builders Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $2,763,816,subject to change orders, for construction of the Santiago Park Main Street EntranceProject (No. 202731) for a term beginning September 17, 2024 and ending uponproject completion, and authorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER2023130 was filed for Project No. 202731.16.Construction Contract with Los Angeles Engineering, Inc. for the Bristol StreetImprovements and Widening from Civic Center Drive to Washington Avenue Project(Project No. 136792) (General and NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$3,343,934 of prioryear fund balance in the Select Street Construction, Prior YearCarry Forward revenue account, and appropriate the same amount to the SelectStreet Construction, Improvements Other Than Building expense account. (Requiresfive affirmative votes)2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fundbalance in the New Transportation System Improvement Area F, Prior Year CarryForward revenue account, and appropriate the same amount to the NewTransportation System Improvement Area F, Improvements Other Than Buildingexpense account. (Requires five affirmative votes)3. Approve an appropriation adjustment recognizing $656,000 of grant funds in theSelect Street Construction, Federal GrantIndirect revenue account and appropriatethe same amount to the Select Street Construction, Improvements Other ThanBuilding expense account. (Requires five affirmative votes)4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $5,199,934 in construction funds for the Bristol Street Improvements andWidening from Civic Center Drive to Washington Avenue Project (No. 136792).5. Approve the Project Cost Analysis for a total estimated construction delivery cost of$13,224,187, which includes $10,579,350 for the construction contract; $1,586,902for contract administration, inspection, and testing; and a $1,057,935 projectcontingency for unanticipated or unforeseen work.6. Award a construction contract to Los Angeles Engineering, Inc., the lowestresponsible bidder, in accordance with the base bid in the amount of $10,579,350 forconstruction of the Bristol Street Improvements and Widening from Civic Center Driveto Washington Avenue Project, for a term beginning September 17, 2024 and endingupon project completion, and authorize the City Manager to execute the contract.7. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. EIR Number No. 8901 wasfiled for the Bristol Street Improvements and Widening from Civic Center Drive toWashington Avenue project.17.Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernizationand Delhi Library Branch Improvements Project and an Agreement to ShadeStructures, Inc. dba USA Shade & Fabric Structures for a shade structure at NewhopeLibrary (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund)(Revive Santa Ana)Department(s): Public Works Agency; Library ServicesRecommended Action: 1. Approve the Project Cost Analysis for a total estimatedconstruction delivery cost of $9,132,303, which includes $8,215,533 for theconstruction contract, $95,217 for contract administration, and a $821,533 projectcontingency for unanticipated or unforeseen work.2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include $9,132,303 for the Newhope Library Modernization and Delhi LibraryImprovements.3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, inaccordance with the base bid and alternate bid in the amount of $8,215,533 forconstruction of the Newhope Library Modernization and Delhi Center Library BranchProject, for a term beginning September 17, 2024 and ending upon projectcompletion, and authorize the City Manager to execute the contract.4. Approve an agreement with Shade Structures, Inc. dba USA Shade & FabricStructures for the design and build of a 20foot by 30foot cantilever shade structure atthe Newhope Library for a total not to exceed of $68,341, for a term beginningSeptember 17, 2024 and expiring December 31, 2025 with provision for a oneyearextension, and authorize the City Manager to execute the agreement (Agreement No.A2024XXX).5. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review. Categorical ExemptionEnvironmental Review No. ER202443 was filed for Project 221802.18.Construction Contract with Vido Samarzich, Inc. for the Standard Avenue andMcFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705,236706, & 236707) (General Fund) (NonGeneral Fund)Department(s): Public Works AgencyRecommended Action: 1. Approve an appropriation adjustment recognizing$2,000,000 in prioryear fund balance in the Residential Street Improvement, PriorYear Carry Forward revenue account and appropriate the same amount into theResidential Street, Improvements Other Than Buildings, expenditure account.(Requires five affirmative votes)2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fundbalance in the Transportation System Improvement Authorization Area B revenueaccount and appropriate the same amount into the Transportation SystemImprovement Authorization Area B Tustin, Improvements Other Than Buildingsexpenditure account. (Requires five affirmative votes)3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Programto include an additional $5,900,000 in construction funds for the Standard Avenue andMcFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707).4. Approve the Project Cost Analysis for a total estimated construction delivery cost of$23,550,000, which includes $19,170,060 for the construction contract; $2,462,934for contract administration, inspection, and testing; and a $1,917,006 projectcontingency for unanticipated or unforeseen work due to the complexity and extensivescope of this project.5. Award a construction contract to Vido Samarzich, Inc., the lowest responsiblebidder, in accordance with the base bid and bid alternates in the amount of$19,170,060, for construction of the Standard Avenue and McFadden AvenueBikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707),for a term beginning September 17, 2024 and ending upon project completion, andauthorize the City Manager to execute the contract.6. Determine that, pursuant to the California Environmental Quality Act, therecommended actions are exempt from further review pursuant to Article 19,Categorical Exemptions Sections 15301(c) and 15304(h). Categorical ExemptionEnvironmental Review Nos. ER202033 and ER202097 were filed for Projects Nos.206965 and 206962.19.Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directingthe City Manager or their Designee to Comply with the Requirement of GovernmentCode §54220 et seq. for the Sale and Activation of Surplus LandDepartment(s): Public Works AgencyRecommended Action: 1. Adopt a resolution declaring Cityowned property asexempt surplus land and directing the City Manager or designee to comply with therequirements of Government Code §54220 et seq. for the sale and transfer ofownership.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPTSURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THEPROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIAGOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIRDISPOSITION2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), thesales of the properties as surplus are exempt from environmental review pursuant toCEQA Guidelines section 15312 (Surplus Government Property Sales).20.Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) ofthe Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine,and Distilled Spirits at Eddie West FieldSanta Ana StadiumFirst reading August 20, 2024 City Council meeting and approved by a vote of (601)(Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.Department(s): Parks, Recreation, and Community ServicesRecommended Action: 1. Approve the second reading of an ordinance amendingArticle VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code(SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits atEddie West FieldSanta Ana Stadium with the expressed written consent of the CityManager or designee.ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANAMUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR2. Determine that, in accordance with the California Environmental Quality Act(CEQA) and the CEQA Guidelines, the project is categorically exempt from furtherreview per Section 15301 (Class 1 – Existing Facilities).**END OF CONSENT CALENDAR**BUSINESS CALENDAR21.Resolution of the City Council of the City of Santa Ana Demonstrating Its Support ofProposition 36Department(s): City Manager’s OfficeRecommended Action: Adopt a Resolution supporting Proposition 36, whichappears on the November 5, 2024, ballot and proposes changes to current laws toallow increased penalties for certain theft and drug crimes, as well as measures forrehabilitation and treatment for drugrelated offenses.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THEHOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE**END OF BUSINESS CALENDAR**PUBLIC HEARINGSPUBLIC COMMENTS – Members of the public may address the City Council on each of thePublic Hearing items.22.Public Hearing: Amendment Application (Zone Change) No. 202303, DevelopmentAgreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule ofthe Orange County Airport Land Use Commission’s Determination of Inconsistencyfor the Related Bristol Specific Plan Entitlements and Development Agreement (3600S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding AreaLegal notice published in the OC Register and OC Reporter on September 6, 2024and notices mailed on same date.Department(s): Planning and Building AgencyRecommended Action:1. Adopt a resolution to (1) certify the Final Supplemental Environmental ImpactReport (SEIR) No. 202201 (SCH No. 2020029087), including adoption ofenvironmental findings of fact pursuant to the California Environmental Quality Act, (2)adopt a Statement of Overriding Considerations, and (3) adopt the MitigationMonitoring and Reporting Program;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTALENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFICPLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTALFINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONCONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIAENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATIONMONITORING AND REPORTING PROGRAM2. Adopt a resolution overruling the Orange County Airport Land Use Commission’sdetermination that the Related Bristol Specific Plan is inconsistent with the AirportEnvirons Land Use Plan, including supportive findings;RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTYAIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSEDRELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORTENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDINGSUPPORTIVE FINDINGS3. Conduct a first reading and adopt an ordinance approving Amendment ApplicationNo. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve azone change for the Property located at 3600 Bristol Street from General Commercial(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5);ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TOAPPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATEDAT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) ANDCOMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SPNO. 5);4. Conduct a first reading and adopt an ordinance approving DevelopmentAgreement No. 202302;ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 202302 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOLSPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OFSANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, ANDMCG BRISTOL WEST LLC;5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (CountyMap No. 19272), as conditioned; andRESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO.202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSEDEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLANPROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOLSTREET;Concurrently and as a separate implementation action of the General Plan Update(2022), it is recommended that the City Council take the following action:6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, andResolution No. 2000062 modifying procedures for participating in the South Coast,the Sandpointe, and the South Metro Permit Parking Districts.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTIONNO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKINGDISTRICT PETITIONS23.Public Hearing: Consolidated Annual Performance and Evaluation Report for FiscalYear 202324Legal notice published in the Orange County Register on August 14, 2024 and in LaOpinion and Nguoi Viet on August 19, 2024.Department(s): Community Development AgencyRecommended Action: Authorize submission of the Consolidated AnnualPerformance and Evaluation Report to the U.S. Department of Housing and UrbanDevelopment.24.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreementfor Acquisition of Real Property at the Southwest Corner of Main Street and ThirdStreet (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund)Legal notice published in the OC Reporter on August 30 and September 9, 2024.Department(s): Community Development AgencyRecommended Action: CITY COUNCIL ACTION1. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the City Manager toexecute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALEAGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSORAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OFSANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT2. Authorize the City Manager to execute the Purchase and Sale Agreement and allrequired documents for the acquisition of real property located at the SouthwestCorner of Main Street and Third Street (APN 39860102) in the amount of $190,000plus closing costs (Agreement No. A2024XXX).SUCCESSOR AGENCY ACTION1. Adopt a resolution declaring a Successor Agency owned property as exemptSurplus Land for the purpose of a Purchase and Sale agreement with the City ofSanta Ana.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESORAGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THECITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKINGLOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUSLAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA,THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includesdetermination that the sale of the property is exempt from the California EnvironmentalQuality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section15301)2. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the Executive Directorto execute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSORAGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OFSANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THEDISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RDSTREET AND MAIN STREET PARKING LOT3. Authorize the Executive Director to execute the Purchase and Sale Agreement andall required documents for the acquisition of real property located at the SouthwestCorner of Main Street and Third Street (APN 39860102) in the amount of $190,000plus closing costs (Agreement No. A2024XXX).**END OF PUBLIC HEARINGS**COUNCILMEMBER REQUESTED ITEMS25.Discuss and Consider Directing the City Manager, City Attorney, and City Clerk toRescind the “Guidelines for filming, photography and recording of City of Santa Anapublic meetings” Media Policy – Councilmembers Vazquez and LopezCITY MANAGER COMMENTSCOUNCIL COMMENTSAB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time formembers of the Council to provide a brief oral report on attendance of any regional board orcommission meeting or any conference, meeting or event attended.ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agencymeeting.In Memory ofDon CribbFuture Items1. Continuing Appropriations (Carry Forwards)2. Classification and Compensation Study Consultant Agreement3. Main Library Office and Library Furniture AgreementsPOSTING STATEMENT: On September 10, 2024, a true and correct copy of this agendawas posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.Internet Access to City Council, Agency, and Authority agendas and related material isavailable prior to meetings at santaana.org/agendasandminutes.SPECIAL SUCCESSOR AGENCYCALL TO ORDERATTENDANCE Agency Members Phil BacerraJohnathan Ryan HernandezJessie LopezDavid PenalozaBenjamin VazquezVice Chair Thai Viet PhanChairValerie AmezcuaCity Manager Alvaro NuñezCity Attorney Sonia R. CarvalhoCity Clerk Jennifer L. HallROLL CALLADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDAPUBLIC HEARINGPUBLIC COMMENTS – Members of the public may address the Successor Agency on thePublic Hearing item.1.Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement forAcquisition of Real Property at the Southwest Corner of Main Street and Third Street(APN 39860102) for Parking Lot (General Fund and NonGeneral Fund)Legal notice published in the OC Reporter on August 30 and September 9, 2024.Department(s): Community Development AgencyRecommended Action: CITY COUNCIL ACTION1. Adopt a resolution making certain findings with respect to the consideration to bereceived by the Successor Agency pursuant to a Purchase and Sale Agreementbetween the Successor Agency and the City for the sale of the Southwest Corner ofMain Street and Third Street (APN 39860102), and authorize the City Manager toexecute all required documents as necessary.RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENTFOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TOTHE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX). **END OF PUBLIC HEARING** ADJOURNMENT – Adjourn the Successor Agency meeting. POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes. City Council 20 9/17/2024 CITY COUNCIL 1 AUGUST 20, 2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 20, 2024 CLOSED SESSION MEETING – 4 :30 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 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:36 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tem Thai Viet Phan Mayor Valerie Amezcua City Manager Alvaro Nuñez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Penaloza and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Hernandez, and Lopez arrived during Closed Session. City Council 7 – 1 9/17/2024 CITY COUNCIL 2 AUGUST 20, 2024 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1B as the listed entity, Orange County Water District, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items. MINUTES: City Clerk Jennifer L. Hall stated one public comment was received regarding Closed Session Agenda Item No. 2. 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 4:37 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. Valdez Gonzalez, Irinea v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023-01303178-CU-PA-WJC B. In re Aqueous Film-Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG MINUTES: Mayor Pro Tem Phan left the conference room at 4:51 P.M., did not participate on Item 1B, and returned at 5:14 P.M. 2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: • One (1) case – Union Pacific 3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: Independent Oversight Director to the Santa Ana Police Oversight Commission CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. City Council 7 – 2 9/17/2024 CITY COUNCIL 3 AUGUST 20, 2024 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 6:08 P.M. ATTENDANCE Councilmembers Mayor Pro Tem Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Mayor Valerie Amezcua City Manager City Attorney City Clerk Alvaro Nuñez Sonia R. Carvalho Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez (arrived at 6:25 P.M.), Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Frida Ramirez WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Shalom ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced a revised exhibit 1 to Agenda Item No. 32. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community MINUTES: Mayor Amezcua presented a certificate of recognition to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community. City Council 7 – 3 9/17/2024 CITY COUNCIL 4 AUGUST 20, 2024 2. Certificates of Recognition presented by Mayor Pro Tem Phan to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for Outstanding Contributions to the Community MINUTES: Mayor Pro Tem Phan presented certificates of recognition to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for outstanding contributions to the community. 3. City Tile presented by Councilmember Bacerra to Winston Covington for Outstanding Contributions to the Community MINUTES: Councilmember Bacerra presented a city tile to Winston Covington for outstanding contributions to the community. 4. Proclamation presented by Councilmember Hernandez to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month. 5. Certificate of Recognition presented by Councilmember Lopez to Khalil Bey for Outstanding Contributions to Public Safety MINUTES: Councilmember Lopez presented a certificate of recognition to Khalil Bey for outstanding contributions to public safety. 6. Proclamation presented by Councilmember Vazquez to Dorothy Mulkey for Outstanding Contributions to the Community MINUTES: Councilmember Vazquez presented a proclamation to Dorothy Mulkey for outstanding contributions to the community. STAFF PRESENTATION 7. SoCal Gas Presentation of Climate Adaption Grant MINUTES: Juan Gonzalez and Geoff Danker, SoCal Gas, presented a Climate Adaption Grant of $50,000 to the City of Santa Ana. CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session. MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action. PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items. City Council 7 – 4 9/17/2024 CITY COUNCIL 5 AUGUST 20, 2024 MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: three (3) non-agenda comments. The following speakers addressed City Council in-person: 1. Carl Benninger spoke regarding a new Neighborhood Association, the Zoo District, and requested a Citizen Oversight Committee be formed to oversee the Related Bristol Project. 2. Brian Mendoza spoke regarding his life experiences and submitted records. 3. Mario Alvarado congratulated the Parks, Recreation, and Community Services Agency for the Chicano Heritage Festival Event, spoke regarding the new Neighborhood Association, the Zoo District, and requested Council support for teachers. 4. Julie M. Feenstra spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter. 5. Randall Jones spoke regarding affordable housing and ongoing issues at 2222 East First St. 6. Magdalena Menchaga spoke regarding elder abuse and homeless at 2222 East First St. 7. Victor Mendez spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter. 8. Diane Simmons spoke regarding ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter. RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 37 and waive reading of all resolutions and ordinances. MINUTES: At 7:36 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item Nos. 21, 26, 34, and 35. Councilmember Bacerra pulled Agenda Item Nos. 29 and 31 for separate discussion and consideration. Councilmember Vazquez requested to comment on Agenda Item Nos. 18 and 32. CONSENT CALENDAR City Council 7 – 5 9/17/2024 CITY COUNCIL 6 AUGUST 20, 2024 Councilmember Penaloza pulled Agenda Item No. 25 for separate discussion and consideration. Mayor Pro Tem Phan recused herself from Agenda Item No. 24 as the listed entity, City of Anaheim, is a client of her employer, Rutan and Tucker. City Clerk Jennifer L. Hall announced that pursuant to Government Code Section 54953(c)(3) an oral summary of salary and benefits shall be made prior to final action of the Council on any local executive and stated Agenda Item No. 32 is the approval of an employment agreement with Alvaro Nuñez as the City Manager with the following provisions of an annual salary of $315,000 with an option for bilingual pay, city paid maximum contribution to deferred compensation 457 plan, 12-month severance if terminated at-will, city owned vehicle or $500 monthly auto allowance, health insurance benefits, term life insurance, and wellness stipend, and other benefits as provided to the unrepresented executive management group. MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 8 through 37 with the exception of Agenda Item Nos. 25, 29 and 31 pulled for separate discussion and consideration, seconded by Councilmember Bacerra. The motion carried, 70, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 8. Excused Absences Department(s): City Clerk’s Office Recommended Action: Excuse the absent members. 9. Minutes from the Regular Meeting of August 6, 2024 Department(s): City Clerk’s Office Recommended Action: Approve minutes. City Council 7 – 6 9/17/2024 CITY COUNCIL 7 AUGUST 20, 2024 10. 2024 Local Agency Biennial Notice RE: Conflict of Interest Code Review Department(s): City Clerk’s Office Recommended Action: Receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code is currently under review. 11. Receive and File the 2023-2024 Orange County Grand Jury Report: Talking Trash: Recyclables and Organic Waste Department(s): Public Works Agency Recommended Action: Receive and file the report. 12. Citywide Purchase Order Contract to Amazon Capital Services, Inc. for the Online Marketplace Purchase of Goods (Specification No. 24-091) (General Fund and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Award a citywide purchase order contract to Amazon Capital Services, Inc. for online marketplace purchases of goods for a three anda half year term beginning August 1, 2024 and expiring January 18, 2028, for an annual amount not to exceed $650,000. 13. Aggregate Purchase Order Contracts with Promotethis!, Impact PromoSource, LLC (previously Graphic Printsource, Inc.), and Superior Promos for Promotional Items (Specification No. 23-024) (General Fund and Non-General Fund) Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an amendment to increase the annual aggregate nottoexceed amount of the citywide purchase order contracts with vendors listed below by $355,000 for promotional items, for a new annual aggregate amount not to exceed amount of $550,000. Vendor Location Impact PromoSource, LLC Corona, CA Promotethis! Huntington Beach, CA Superior Promos Brooklyn, NY City Council 7 – 7 9/17/2024 CITY COUNCIL 8 AUGUST 20, 2024 14. Purchase Order to AirGap Labs, LLC for Firewall Hardware and Services (Specification No. 24-096) (Non-General Fund) Department(s): Information Technology Recommended Action: Authorize a onetime purchase and payment of purchase order to AirGap Labs, LLC for firewall hardware, including installation services and fiveyear subscription, in an amount not to exceed $96,054. 15. Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services (Specification No. 24-053) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate purchase order contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for asneeded storage container purchase, rental, disposal, transport, and repair services, in an annual aggregate amount of $110,000, for a total aggregate amount not to exceed $550,000, for an initial oneyear term beginning August 21, 2024 and expiring August 20, 2025, with provisions for four 1year renewal options. 16. Purchase Order Contracts to Daniels Tire Service and Parkhouse Tire, Inc. for Vehicle Tires (Specification No. 24-088) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award aggregate purchase order contracts to Daniels Tire Service and Parkhouse Tire, Inc. for vehicle tires for a threeyear period beginning August 20, 2024 and expiring August 19, 2027, with provisions for two, oneyear renewal options, in an annual aggregate amount not to exceed $200,000. 17. Legal Services Agreement with Hanson Bridgett, LLP (General Fund) Department(s): City Attorney’s Office Recommended Action: Approve a legal services agreement with Hanson Bridgett, LLP to provide legal and investigative services with a term through June 30, 2025 with an optional oneyear extension, and compensation not to exceed $200,000 (Agreement No. A-2024-123). 18. Agreement with BrightLife Designs, LLC for Holiday Decorations, Installation, Removal, and Storage (Revive Santa Ana) Department(s): Community Development Agency City Council 7 – 8 9/17/2024 CITY COUNCIL 9 AUGUST 20, 2024 Recommended Action: Authorize the City Manager to execute an agreement with BrightLife Designs, LLC to install, remove, and store holiday decorations in Downtown Santa Ana for a threeyear term beginning September 1, 2024 and ending February 1, 2027, in the amount not to exceed $144,400 (Agreement No. A-2024-124). MINUTES: Councilmember Vazquez spoke in support of the item and expressed concern regarding parking in front of the Yost. 19. Agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services Department(s): Finance and Management Services Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services for a total aggregate amount not to exceed $150,000 for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, with a provision for a twoyear extension (Agreement No. A- 2024-125). 20. Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at Jerome Park Projects (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for equipment, licenses, construction oversight of security camera installation, and integration into the City network for the Main Library Renovation and Outdoor Library at Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not to exceed amount of $70,620, for a term expiring December 31, 2026, with a provision for a oneyear extension (Agreement No. A-2024-126). 21. Amendment to Agreement with Group 4 Architecture, Research + Planning, Inc. for the Main Library Renovation Project (22-1380) (Revive Santa Ana) Department(s): Library Recommended Action: Approve a first amendment to an agreement with Group 4 Architecture, Research + Planning, Inc. for additional design and engineering services, increasing the compensation amount by $499,383, for a total notto exceed amount of $2,657,948 (Agreement No. A-2024-127). MINUTES: Councilmember Hernandez spoke in support of the item. City Council 7 – 9 9/17/2024 CITY COUNCIL 10 AUGUST 20, 2024 22. Agreement with Pennell Consulting, Inc. for Jail Security Control System Upgrade Consulting Services (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Pennell Consulting, Inc. to provide consulting, system design, and project management services to the City of Santa Ana Police Department Jail for a three year term beginning August 20, 2024 and ending August 19, 2027, with two one year extension options, in an amount not to exceed $193,184 (Agreement No. A- 2024-128). 23. Agreement with PowerDMS for Field Training Management Software and Community Engagement Software (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with PowerDMS (Agreement No. A-2024-129) for software subscriptions as follows: • Oneyear subscription to PowerReady for field training software in an amount not to exceed $8,074 for the period of March 28, 2025 through March 27, 2026 • Twoyear subscription to PowerEngage for citizen engagement software in an amount not to exceed $59,375 for the period of September 1, 2024 through August 31, 2026 24. Memorandum of Understanding, First Amendment, and Appropriation Adjustment Accepting the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant (Non-General Fund) Department(s): Police Department Recommended Action: 1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding and the First Amendment with the City of Anaheim Police Department accepting FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant funds in the amount of $75,000 for the period of October 1, 2023 through September 30, 2026 (Agreement No. A-2024-130). 2. Approve an appropriation adjustment recognizing $75,000 in the Department of Justice Grants revenue account and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts. (Requires five affirmative votes) MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 24 as the listed entity, City of Anaheim, is a client of her employer, Rutan and Tucker. City Council 7 – 10 9/17/2024 CITY COUNCIL 11 AUGUST 20, 2024 MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 601, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA NONE MAYOR PRO TEM PHAN (recusal) NONE Status: 6 – 0 1 – Pass AGENDA ITEM NO. 25 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 25. Award a Construction Contract to All American Asphalt for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (Project No. 23- 6702) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $972,882 in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant from Select Street Construction, State GrantDirect revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $676,000 of prioryear fund balance from Special Gas Tax, Prior Year Carry Forward and Select Street Construction, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and HUTA 2103 Gas Tax, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 3. Approve an appropriation adjustment to transfer $30,907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 4. Authorize a budget reallocation of $44,590 in unspent funds from the Santa City Council 7 – 11 9/17/2024 CITY COUNCIL 12 AUGUST 20, 2024 Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project (No. 23 6997) and $30,907 from Omnibus Concrete Program Support Project (No. 22 6970) to construction funds for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (No. 236702). 5. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program (CIP) to include $972,882 from Select Street Construction funds, $676,000 from HUTA 2103 Gas Tax funds, and $75,497 in unspent funds from projects 226970 and 236997, for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project. 6. Approve the Project Cost analysis for a total estimated construction delivery cost of $2,242,499, which includes $1,793,999, for the construction contract; $269,100 for contract administration, inspection, and testing; and a $179,400 project contingency for unanticipated or unforeseen work. 7. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,793,999, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202329 was filed for Project 236702. MINUTES: Councilmember Penaloza thanked staff for bringing this item forward and asked when the Greenbook Standards for Specifications for Public Works would be available to the public. City Manager Alvaro Nuñez stated that moving forward staff would provide a link to the actual Greenbook or the section on staff reports. Councilmember Penaloza asked for a break-down regarding the $270,000 contingency. City Engineer Rudy Rosas explained that the $270,000 is for construction management and inspections. MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez. The motion carried, 70, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, City Council 7 – 12 9/17/2024 CITY COUNCIL 13 AUGUST 20, 2024 NOES: ABSTAIN: ABSENT: COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 26. Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project (Project No. 22-1381 & 25-7523) (General Fund and Non-General Fund) (Revive Santa Ana) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,270,040 of various funding sources listed below for the Outdoor Library at Jerome Park. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,720,040, which includes $3,336,400 for the construction contract, $50,000 for contract administration, inspection, and testing, and a $333,640 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $3,336,400, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202434 was filed for Project 221381. MINUTES: Councilmember Hernandez spoke in support of the item. 27. Award a Construction Contract to CJ Concrete Construction for the Legacy Square Transportation Improvements Project (Project No. 22-9001(20-AHSC- 14700)) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Award a construction contract to CJ Concrete Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $1,433,200, subject to change orders in accordance with the Greenbook: Standard City Council 7 – 13 9/17/2024 CITY COUNCIL 14 AUGUST 20, 2024 Specifications for Public Works Construction, for construction of the Legacy Square Transportation Improvements Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,798,079, which includes $1,433,200 for the construction contract; $221,559 for contract administration, inspection, and testing; and a $143,320 project contingency for unanticipated or unforeseen work. 3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA guidelines for projects consisting of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA guidelines, and Categorical Exemption Environmental Review No. ER202392 was filed for Project 229001. 28. Agreement with Bernards Bros, Inc., for Construction Management at Risk Services for the State Building Demolition Project (Project No. 24-9002) (Non- General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Bernards Bros, Inc. to perform Construction Management at Risk services for the State Building Demolition Project in the amount of $765,481, with a contingency of $84,519, for a total amount of $850,000, for a twoyear term beginning August 20, 2024 and expiring August 19, 2026, with an option for two, oneyear extensions (Agreement No. A-2024-131). AGENDA ITEM NO. 29 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 29. Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24-018) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, oneyear renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No. A-2024-132). City Council 7 – 14 9/17/2024 CITY COUNCIL 15 AUGUST 20, 2024 MINUTES: Councilmember Bacerra asked whether the description of work listed on exhibit 1 of the staff report included green landscaped walls at the city yard and the city water facilities, whether Mariposa is the same company doing the current landscaping, and why there was a 23% contingency instead of a 10% contingency. Public Works Director Nabil Saba confirmed the description of the landscaped walls and stated Marisposa Landscape, Inc. is not the current landscaping company being used by the City. He spoke regarding the requested 23% contingency. City Manager Alvaro Nuñez spoke regarding contingencies and stated that staff will request a 10% contingency moving forward. Councilmember Penaloza asked for clarification regarding the areas the agreement would cover and expressed concern with the 23% contingency. Director Saba stated the landscape maintenance services are for the Water Production Facilities and the Corporate Yard. City Manager Nuñez spoke regarding enhancing staff report language to better illustrate the funding source. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 29, as amended to reduce the contingency amount to 10%, seconded by Mayor Amezcua. The motion carried, 70, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 30. Agreement with E Source Companies, LLC for Automated Metering Infrastructure Implementation Support Services (Project 16-6460) (Non- General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with E Source Companies, LLC to provide Automated Metering Infrastructure implementation support services, for a total amount not to exceed $450,000, for a threeyear term beginning August 20, 2024 and expiring December 31, 2027, with City Council 7 – 15 9/17/2024 CITY COUNCIL 16 AUGUST 20, 2024 a provision for one twoyear extension (Agreement No. 2024-133). AGENDA ITEM NO. 31 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 31. License Agreement with K&C Logistics, LLC for their use of City-Owned East and West Alton Avenue/SR-55 Freeway Parcel Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a license agreement with K&C Logistics, LLC for use of real property owned by the City at the western terminus of Alton Avenue between Standard Avenue and the SR55 Freeway and at the eastern terminus of Alton Avenue between Daimler Street and the SR55 Freeway, for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, automatically entering into a monthtomonth renewal thereafter for an additional two years, for a total revenue amount of $1,590,640 (Agreement No. A-2024-134). MINUTES: Councilmember Bacerra requested modifications to Section 3H of the agreement to include for the licensee to keep the area and perimeter free of weeds and vegetation. Additionally, he proposed to add a provision to the section to post signs in accordance with Santa Ana Municipal Code Section 10-96 and CCP Section 602. Councilmember Penaloza raised concerns regarding neglect, citing the Bristol and Warner lots as examples. He asked whether the seven-day notice period could be eliminated and if the contract could instead include a provision for termination if the licensee fails to comply. City Manager Alvaro Nuñez stated that the key component was to receive some level of funding, and assured that City staff would do their due diligence to ensure proper property maintenance. He proposed providing the licensee with a 48-hour notice period if the property fails to meet compliance standards. Discussion ensued regarding the timeframe for providing notice related to the property maintenance. City Manager Nuñez suggested a 72-hour period. Councilmember Penaloza agreed to the 72-hour timeframe. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 31, as amended to change section 3H to require maintaining the licensed and perimeter area within 72-hours and to add to section three with a requirement to post signage, seconded by Councilmember Penaloza. City Council 7 – 16 9/17/2024 CITY COUNCIL 17 AUGUST 20, 2024 The motion carried, 70, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 32. Affirm Approval of City Manager Employment Agreement Department(s): City Council Recommended Action: Direct and authorize the Mayor to execute the City Manager Employment Agreement with Alvaro Nuñez (Agreement No. A-2024- 135). MINUTES: Councilmember Vazquez congratulated City Manager Alvaro Nuñez. Councilmember Hernandez congratulated City Manager Nuñez. Mayor Amezcua congratulated City Manager Nuñez. 33. Agreement with Franklin Covey Client Sales, Inc. for Training Resources for Citywide Staff Development (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute a sole source agreement with Franklin Covey Client Sales, Inc. to provide staff development resources for City of Santa Ana employees, for a term beginning July 15, 2024 and expiring July 14, 2027, for an aggregate amount not to exceed $90,960 (Agreement No. A-2024-136). 34. Adoption of an Extension and First Amendment to the Memorandum of Understanding (“MOU”) by the Service Employees International Union Local 721 Part-Time Civil Service Employees Unit (“SEIU-PTCS”) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute an extension and first amendment to the existing Memorandum of Understanding with SEIUPTCS regarding wages, hours, and other terms and conditions of employment effective through June 30, 2025, and authorize nonsubstantive changes, which may be City Council 7 – 17 9/17/2024 CITY COUNCIL 18 AUGUST 20, 2024 necessary to implement the agreement (Agreement No. A-2024-137). MINUTES: Councilmember Hernandez spoke in support of the item. Mayor Amezcua spoke regarding layoffs in 2008 and requested an update on the number and status of part-time employees. 35. Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan for Service Employee International Union (SEIU) Represented Employees Department(s): Human Resources Recommended Action: Adopt a Resolution to effect certain changes to the City’s basic classification and compensation plan for Service Employee International Union (SEIU) Represented Employees. RESOLUTION NO. 2024-048 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 MINUTES: Councilmember Hernandez spoke in support of the item. 36. Resolution, Agreement, and Appropriation Adjustment Accepting the FY 2023 Emergency Management Performance Grant (Non-General Fund) Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management, and/or disaster recovery provided by the U.S. Department of Homeland Security and subgranted through the State of California and the County of Orange. RESOLUTION NO. 2024-049 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE(S) TO OBTAIN 2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 2. Authorize the City Manager to execute a twoyear agreement with the County of Orange for the period of July 1, 2023 through June 30, 2025, for the FY 2023 Emergency Management Performance Grant in an amount not to exceed $46,342 (Agreement No. 2024-138). 3. Approve an appropriation adjustment recognizing $46,342 in Law Enforcement Grants revenue account and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five City Council 7 – 18 9/17/2024 CITY COUNCIL 19 AUGUST 20, 2024 affirmative votes) 37. Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) (Second Reading) First reading August 6, 2024 City Council meeting and approved by a 70 vote. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 202401. ORDINANCE NO. NS-3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024 01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414272 09, 41427210, AND 41426101) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023109 will be refiled for this project. **END OF CONSENT CALENDAR** MINUTES: At 8:30 P.M., the Business Calendar was considered. 38. Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2024 Annual Conference General Assembly Department(s): City Clerk’s Office Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024. MINUTES: City Clerk Jennifer L. Hall gave a presentation regarding the designation of a voting delegate and two alternates for the League of California BUSINESS CALENDAR City Council 7 – 19 9/17/2024 CITY COUNCIL 20 AUGUST 20, 2024 Cities General Assembly. Mayor Amezcua nominated Councilmember Penaloza as the voting delegate. Councilmember Penaloza declined the nomination. Councilmember Penaloza nominated Councilmember Bacerra as the voting delegate and Councilmember Vazquez and himself as the alternates. MOTION: Councilmember Penaloza moved to approve the nomination for Councilmember Bacerra as the delegate and Councilmembers Vazquez and Penaloza as the two alternates for League of California Cities 2024 Annual Conference General Assembly, seconded by Councilmember Bacerra. The motion carried, 70, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE NONE Status: 7 – 0 – Pass 39. Ordinance Amending Article VI Stadium Sec. 2-743 Liquor of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2 743 (Liquor) of the Santa Ana Municipal Code (SAMC) (Exhibit 1) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field Santa Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 – LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). 3. MINUTES: Assistant City Manager Steven Mendoza presented the staff report and stated the purpose of the item is to enhance the venue's marketability and City Council 7 – 20 9/17/2024 CITY COUNCIL 21 AUGUST 20, 2024 competitiveness. Mayor Amezcua requested clarification on the number of vendors and security for such events. Councilmember Bacerra spoke in support of the item and requested to strike out language of “adult event.” Mayor Pro Tem Phan spoke in support of striking out language of “adult event.” Councilmember Hernandez spoke in support of the item and striking out “adult” language and requested to increase visibility of language that encourages safe, responsible drinking and to promote local downtown businesses. Councilmember Penaloza spoke in support of the item and recommended amendments to the ordinance language. Councilmember Bacerra asked whether the City has an ABC license for the stadium. City Manager Alvaro Nuñez stated the City currently does not have an ABC license, spoke regarding the process of obtaining the license in the future, and stated vendors would have the ABC license. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 39, as amended to strike the language pertaining to “adult events” and determine that the action is exempt from CEQA pursuant to Section 15301 Class One Existing Facilities, seconded by Councilmember Penaloza. The motion carried, 601, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NONE NONE COUNCILMEMBER LOPEZ Status: 6 – 0 1 – Pass **END OF BUSINESS CALENDAR** CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nuñez thanked the City Council for their trust and vote. City Council 7 – 21 9/17/2024 CITY COUNCIL 22 AUGUST 20, 2024 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. MINUTES: Councilmember Vazquez wished Councilmember Hernandez a happy belated birthday, stated he would like to bring the press policy for council discussion and that he would like for the Townsend Task Force to come back together, spoke regarding homelessness and evictions and increasing Quality of Life Team, and gave best wishes to his mom. Councilmember Lopez announced the Santiago Park clean up with OC Habitat on August 28 and the Public Library educational event on August 29, and spoke about a free art exhibit and her end of month office hours. Councilmember Hernandez thanked members of the public for their comments, announced the approval of the first OC outdoor library at Jerome Park, and spoke regarding the Chicano Heritage Month Event and the Chicano Heritage education celebration event at the library on August 29, 2024. Councilmember Penaloza spoke regarding the decrease in students in the Santa Ana school district and requested to adjourn the meeting in memory of Linus, a member of the Santa Ana Police Department Mounted Unit. Mayor Pro Tem Phan thanked staff for the Chicano Heritage Festival, and spoke regarding “Parents Day” Buddhist celebration, her attendance at ZOOfari, and Fiestas Patrias in September. Mayor Amezcua spoke regarding Coffee with the Mayor at Riverview Golf Course, thanked Councilmember Bacerra for the resource fair, announced her attendance at Alfred Escalante’s 99th birthday, and spoke regarding the Santa Ana Unified School District’s lack of attention regarding student transportation. She announced the fifth anniversary of the passing of Victoria Barrios on August 30 and spoke regarding the Chicano Heritage Month event. Councilmember Bacerra announced his monthly office hours at Lily King Park, spoke regarding homelessness, recognized the contributions of the American Labor Union, wished everyone a happy and safe Labor Day, and adjourned the meeting in memory of Billy Bean. ADJOURNMENT – Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Billy Bean and Linus at 9:17 P.M. City Council 7 – 22 9/17/2024 CITY COUNCIL 23 AUGUST 20, 2024 Respectfully submitted: ___________________________ Jennifer L. Hall, CMC City Clerk City Council 7 – 23 9/17/2024 Library www.santa-ana.org/library Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: California State Library Funding AGENDA TITLE Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund) RECOMMENDED ACTION Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library e- resources. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No DISCUSSION As a full member of the Santiago Library System, which is a consortium of libraries in Orange County, the Santa Ana Library is eligible to receive California State Library California Library Services Act funding. In July 2024, the Library was notified that it would receive $15,802.58 to apply toward e-resources provided by Overdrive, Inc. (“Overdrive”). On October 17, 2023, the City Council approved an agreement with Overdrive, Inc. (“Overdrive”) to provide content hosting services and digital content such as e-books, e- audiobooks, e-magazines, and video streaming. In recent years, electronic content such as e-books, e-audiobooks, e-magazines, and streaming content have become very popular, and an essential part of the Library’s digital services platform. Library patrons can access Overdrive content through various methods that include the Santa Ana Public Library’s website, Libby app (by Overdrive), or on e-reader devices. Using Overdrive, patrons can browse the Library’s digital collection and check out materials with a valid Santa Ana Public Library card. From there, users can easily download their books, magazines, videos, or audiobooks to their computers or mobile devices. Titles will automatically expire at the end of the lending period. Downloadable titles offer library patrons of all ages a convenient way to access information and materials from home or anywhere there is an internet connection. City Council 9 – 1 9/17/2024 California State Library Funding September 17, 2024 Page 2 4 5 2 4 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The appropriation adjustment will recognize $15,802.58 in Library Miscellaneous Income revenue account (01111002-57990), and appropriate the same to Library Tech & Support Services, Computer Software Subscriptions expenditure account (01111190- 66511) as follows: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 24-25 01111190 – 66511 General Fund Tech & Support Services, Computer Software Subscriptions $15,802.58 TOTAL $15,802.58 EXHIBIT(S) 1. Notification Letter Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager City Council 9 – 2 9/17/2024 City Council 9 – 3 9/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: DTSA First Saturday ArtWalk AGENDA TITLE Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a one-year term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Downtown Santa Ana ArtWalk began in the 1990s as a collaboration among local artists and galleries in the City of Santa Ana (“City”). Over the years, management of the event has shifted from being artist-led by Grand Central Arts Center to the Business Improvement District (BID) business association Downtown Inc. Since January 2023, The Frida Cinema, a local nonprofit organization, has taken over its management. They have revitalized the ArtWalk, rebranding it as the “DTSA First Saturday ArtWalk.” This monthly, all-ages event, held on the first Saturday of each month, offers free admission and features a variety of local artists, more than 20 art galleries, live performances, food vendors, and family-friendly activities. Founded in February 2014, The Frida Cinema is Downtown Santa Ana’s sole nonprofit movie theater and one of the few remaining “art house” cinemas in Southern California. Known for its dedication to enriching, connecting, and educating communities through cinema, The Frida has earned recognition for its year-round film festival programming from OC Weekly. The cinema also actively partners with educational, arts, and cause- based organizations and hosts a range of cultural events, including drive-in screenings, free movies in community parks, and now, the DTSA First Saturday ArtWalk. The Downtown ArtWalk has emerged as a cornerstone of Downtown Santa Ana as it was ranked as the second-highest visited destination in the City, behind only Santa Ana College, and ahead of such notable locations as Santa Ana Zoo and Mainplace Mall (according to the 2023 Santa Ana Visitor Analysis conducted by Travel Santa Ana and City Council 10 – 1 9/17/2024 DTSA First Saturday ArtWalk September 17, 2024 Page 2 4 5 3 4 research company Zartico). It has significantly contributed to the revitalization of Downtown Santa Ana by: •Stimulating economic growth through increased foot traffic and support for local businesses, hiring local vendors, and paying local artists. To date, they have made $42,789 in payments to 144 local artists and musicians. •Enhancing the City’s cultural landscape by providing a platform for diverse local artists, as well as inviting highly-recognized artists from outside the City to foster a vibrant arts scene, while expanding the event footprint. It has also led to the revitalization of historic buildings and the opening of new galleries and creative spaces. To sustain and expand the positive impact of the DTSA First Saturday ArtWalk, staff recommends that the City Council approve a one-year sponsorship allocation of $150,000 to The Frida Cinema. This investment will enable the ArtWalk to: •Increase event hours to further stimulate economic activity and cultural engagement. •Expand programming to include additional art forms and increase artist compensation. •Invest in public art installations to enhance the downtown area. •Establish artist residency programs to attract and retain local talent. By sponsoring this event, the City does not have authority to manage, program, or advise on any of the activities of the DTSA First Saturday ArtWalk. The sponsorship will be disbursed in monthly installments. In the event that the ArtWalk ceases its operations before the completion of the one-year sponsorship term, the City will retain any unused funding. FISCAL IMPACT Funding is available in the FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Unit – Account# Fund Description Accounting Unit, Account Description Total FY 2024-25 (Oct 2024- Jun 2025) 01118810-62300 General Fund - CDA Contract Services- Professional $112,500 FY 2025-26 (Jul 2025- Sep 2025) 01118810-62300 General Fund - CDA Contract Services- Professional $37,500 TOTAL $150,000 EXHIBIT(S) 1. Donation Agreement 2. DTSA First Saturday ArtWalk Presentation City Council 10 – 2 9/17/2024 DTSA First Saturday ArtWalk September 17, 2024 Page 3 4 5 3 4 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 10 – 3 9/17/2024 CITY OF SANTA ANA DONATION AGREEMENT 1.PARTIES AND DATE This Donation Agreement (“Agreement”) is made and entered into this 1st day of October, 2024, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California (“City”), and The Frida Cinema, a California nonprofit public benefit corporation (“Recipient”). City and Recipient are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2.RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with “DTSA First Saturday ArtWalk,” (“Community Benefit”). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City believes there is a public purpose in providing a free year- round, all-ages, community-based arts showcase that takes place throughout Downtown Santa Ana. This includes live art and music, outdoor vendors, group dance lessons, and over 20 art galleries and studios featuring rotating exhibitions and performances. The events promote economic growth for the city by increasing foot traffic to local businesses from Santa Ana residents as well as residents from other cities. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3.TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a payment in an amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for this continuing event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. Recipient will be paid in twelve equal monthly installments in the amount of $12,500 on the 5th day of each month, after full execution of the Agreement, as follows: October 5, 2024, November 5, 2024, December 5, 2024, January 5, 2025, February 5, 2025, March 5, 2025, April 5, 2025, May 5, 2025, June 5, 2025, July 5, 2025, August 5, 2025, and September 5, 2025. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose, or fail to continue the Community Benefit, or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day’s notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to EXHIBIT 1 City Council 10 – 4 9/17/2024 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. EXHIBIT 1 City Council 10 – 5 9/17/2024 EXHIBIT 1 City Council 10 – 6 9/17/2024 EXHIBIT A Request for Sponsorship Funds EXHIBIT 1 City Council 10 – 7 9/17/2024 EXHIBIT 1 City Council 10 – 8 9/17/2024 EXHIBIT 1 City Council 10 – 9 9/17/2024 PROJECT SCOPE STATEMENT 1. Project Overview ●Project Name: DTSA First Saturday ArtWalk ●Location: Downtown Santa Ana (DTSA), Santa Ana, CA: Various Locations ●Frequency: Monthly (First Saturday of each month) ●Objective: To organize and produce a community-driven art walk event that highlights local artists and creators, galleries, and businesses, fostering cultural engagement and supporting Santa Ana’s local arts community. 2. Project Goals and Objectives ●Showcase Local Artists and Creators: Provide a consistent platform for emerging and established local artists and creators to engage with, and exhibit their work to, the community. ●Engage the Community: Encourage community participation and attendance by offering a diverse range of art forms, including visual arts, crafts, live music, and performance. ●Support Local Businesses: Showcase, and partner with, local businesses to enhance the event experience and drive economic activity in the downtown area. ●Foster Cultural Appreciation: Promote a deeper appreciation for the arts within the community, as well the community’s active and thriving arts scene itself, by featuring various artistic disciplines and cultural expressions. ●Event Brand Legacy: Ensure recognition of DTSA First Saturday ArtWalk as the staple, premier monthly community event held to celebrate and showcase the community’s artists, galleries, and opening gallery shows. 3. Deliverables ●Event Planning and Coordination (monthly): ○Develop a monthly event schedule, including gallery exhibitions, performances, and special activities. ○Secure necessary permits and approvals from the City of Santa Ana. ○Coordinate with local galleries, businesses, and community partners for participation, and to ensure active and accurate promotion of their events. ●Marketing and Promotion: ○Create and distribute promotional materials, including 11x17 event posters and a monthly event program. ○Manage digital marketing campaigns to increase event visibility, including newsletters and special media posts. EXHIBIT 1 City Council 10 – 10 9/17/2024 ○Engage with local media outlets and event partners for coverage. ●Artist and Vendor Management: ○Select and coordinate with participating artists, performers, and vendors. ○Allocate space and logistical support for art installations and vendor booths. ○Provide clear guidelines and communication to all participants. ○Goal is to ensure at least forty (40) participating vendors; at least six (6) participating live musicians, bands and/or DJ’s; and to coordinate with all existing galleries located within the event footprint. ●On-Site Event Execution: ○Set up and manage event infrastructure, including booth placement, stages, sound systems, etc. ○Ensure crowd control, security, and safety measures are in place, including street closure materials. ○Oversee event staff and volunteers for smooth operations. ○Outdoor locations will include 2nd Street Promenade/Artist Village; Sycamore Street between 2nd and 3rd Streets; Calle Cuatro Plaza; French Street between 4th and 5th Streets; and various parking spaces, parklets, and other such non-traditional outdoor spaces throughout the community. 4. Project Constraints ●Timeframe: Each event must be planned and executed within a one-month cycle, with specific deadlines for permits, marketing, and participant coordination. ●Budget: The project budget for this free community event is limited to available funding from sponsors, community partners, vendors, and any allocated organizational resources. ●Regulatory Compliance: All activities must comply with local laws, ordinances, and safety regulations. 5. Assumptions ●Community Interest: There will be ongoing interest and participation from artists, local businesses, and the local community. ●Sponsorship and Funding: Sufficient funding and sponsorships must be secured to cover event costs. ●Weather Conditions: The event takes place both indoors at participating galleries and businesses, and outdoors at identified activated areas, assuming favorable weather conditions. 6. Project Stakeholders ●Primary Stakeholders: ○DTSA Galleries and Businesses ○Local Artists and Performers EXHIBIT 1 City Council 10 – 11 9/17/2024 ○City of Santa Ana (Permits and Regulatory Bodies) ○Event Sponsors and Partners ○Santa Ana Residents and Community Members ●Secondary Stakeholders: ○Visitors and Tourists ○Event Staff and Volunteers 7. Project Risks ●Weather-Related Disruptions: Inclement weather could affect outdoor activities and attendance. In the event of a forecast that calls for a 40%+ chance of rain, announcements will be amply made that outdoor elements of the event will be canceled, but the event will proceed with a focus on gallery openings, business promotions, and any activities that will still continue indoors. ●Participant No-Shows: Artists or vendors may cancel at the last minute. ●Budget Overruns: Unexpected costs or insufficient funding could strain resources and affect event quality. 8. Success Criteria ●Artist, Vendor, and Business Satisfaction: Positive feedback from participating artists, vendors, and local businesses. ●Community Engagement: Strong community participation, positive social media engagement, and positive feedback from community members. ●Attendance: Meeting or exceeding target attendance numbers for each event. ●Financial Performance: Staying within budget and achieving financial sustainability and growth through sponsorships and partnerships. Prepared by: Logan Crow Executive Director The Frida Cinema EXHIBIT 1 City Council 10 – 12 9/17/2024 EXHIBIT 2 City Council 10 – 13 9/17/2024 AboutDTSA First Saturday Art alk DTSA First Saturday ArtWalk is one of Santa Ana's most popular and iconic events. Celebrated the First Saturday of each month, ArtWalk is a free, all-ages event that draws thousands of residents and visitors downtown for local, diverse, and unique community arts programming. Produced by Santa Ana-based nonprofit arts organization The Frida Cinema, ArtWalk finds Downtown Santa Ana erupting with outdoor festival areas full of artisan and niche vendors, captivating performances, and over 20+ art galleries and studios featuring rotating art shows, performances, and live music. Every First Saturday of the Month. 2024DATES JANUARY 6TH I FEBRUARY 3RD I MARCH 2ND APRIL 6th MAY 4TH I JUNE 1ST JULY 6TH I AUGUSJ 3RD SEPtEMBERZT...__ __ OCTOBER 5TH I NOVEMBER 2ND I DECEMBER 7TH EXHIBIT 2 City Council 10 – 14 9/17/2024 .out -a 1nema I r .F:oundeo in Eebruary·2014 and lecated at IB05 E. 4th St�eet in lf)owrntowri Santa Ana, Jhe Frida Cinema serves ©range County .as:its .s.ole nenrariofit movie,theateri:, and one of few true '!art ' -house" cinemas left in Southern rGalifornia. Dedicated tto the •'- ,. -.1 ... • mission .ot <:emriching, c.onnecting,. and educating _coFnrnilmities thriough the arit, of ci1:1e1na, The Frida is eelebratted not onl_y f.or.. . its·:euratorial cinerrnatic programming that,_e�rned it· the nicknarf)e of ·;,©C's_ year -=�ound film festi.val'; (0€ Weekly,),_ Out also for/its dedication te partnering with community educational, ---arts, and.cause-based groups, as well as its outd00r cultural 'ev.ents incJ□ding drive-irn screernings, fre� �r.po�ies i� eommunity parks, and now, QTSA First.Saturday ;ArtWall< .. -ttlef ridaeinema.Org '·�Downtown S.antci Ana's Gulturial1 1'nchor'' :-.QG Weekly· EXHIBIT 2 City Council 10 – 15 9/17/2024 Daily Pilot G-COUN YISTER ORANGE COUNTY'S NONPROFIT NEWSROOM EXHIBIT 2 City Council 10 – 16 9/17/2024 NEW MARKETING INITIATIVES ONLY THREE OF THE MANY NEW OUTREACH INITIATIVES UND ERTAKEN BY THE FRIDA CINEMA SINCE IT BEGAN PRODUCING THE EVENT PRINT PROGRAMS, HANDED OUT AT EVENT WHICH INCLUDE A MAP LISTING GALLERIES, THEIR NEW SHOWS, AND OPEN BUSINESSES ffli%fi� ,DWNiOwN1i,iAlii, iovrnsriNiros° ART .......... · .. 1� ••••••• ❖ ••••••• ....... ·=· ...... .SIIOI' FIIDl,I IMl! 30 l.0CAI. IJJ ' • � ... MTlSANVENDORS S�OPOV!lllDIOOlAl!TmVOIOOaS Alll'SHOWS tMMUSIC IIANCING INlHE STllrn'S ms· ARrS & M:1M11ES tMPAIKllNG ANOMOl!E! .,.� .. �' � ,f.,�·or.•, \-::., ,%· ... .. SPONSORED BY: ,�,, CMII@ . � . � � � DTt � BJ�·• .. � 1'-� � �AnlllDAY � OCTOB£R._7llf � 2Pl1 • lOPl1 � _ .. ) Hja. e, •• • 1i(<,fe • • '. � DOWNTOW!I $,\)(�A A.MA � •DT�AM.1WA.LJ<..0lt4 • VENDOR SPOTLIGHTS FOR PA RTICIPATING VENDORS ON INSTAGRAM ACCOUNT @DTSANTAANA COMPLETELY REDESIGNED WEBSITE, WHICH NOW INCLUDES FULL LISTINGS OF GALLERIES, OPEN BUSINESSES, AND ALL PARTICIPATING ARTISTS AND VENDORS, WITH LINKS ARTISTS VILLAGE CSUF Grand Central Art Center 125 N. Broadway I Artist Village Grand Central Art Center is the result of a unique partnership between the California State University at Fullerton and the City of Santo Ano. The art center is o mix of resldenliof. commercial and educational use. Grand Central Art Center is dedicated to the open exploration of con empororv ort and visual culhJre: locolly, regionally notionally, and lntemotlonolly through socially engaged collaborations among artists, students. and the community. HINGS LIM: SPECTER IN THE GA TE I Now through Moy 12th, 2024 coco FVSCO: YOVR EYES WILL BE AN EMPTY WORD I Now I rough Moy 12th, 2024 Wayward Artists Theatre 125 . Broodwav EXHIBIT 2 City Council 10 – 17 9/17/2024 NOTABLE ACCOMPLISHMENTS SINCE THE FRIDA CINEMA BEGAN OPERATING ARTWALK IN JANUARY 2023 GRANT SUPPORT RECEIVED FROM CITY OF SANTA ANA, STATE OF CALIFORNIA, FAMILY-FRIENDLY ENGAGEMENT ACTIVITIES INCLUDING PUMPKIN CARVING, CARD-MAKING, COSTUME CONTESTS, EASTER EGG HUNTS, AND MORE COMMUNITY ENGAGEMENT, & NATIONAL ENDOWMENT OF THE ARTS C B 0 CALIFORNIA ARTS COUNCIL A STATE AGENCY NATIONAL -EARTS ENDOWMENT-E ======= arts.gov EXPANSION OF EVENT FOOTPRINT $42,789 i C C, .' .� ' ....... __,-=.. A EGG 1) Pick up a free bag at the Egg Hunt Table on Calle Cuatro Plaza 2) Find eggs hidden on Calle Cuatro Plaza and between French Street booths. 3) New eggs hidden every hour! Look throughout the night for the •! 4) 1 Golden Egg= Frida Cinema Ticket Pack!!(Faur mnit tickets, dri1u & ,opearo)Redeem your prize at the Egg Hunt Table. IN PAYMENTS MADE DIRECTLY TO 144 LOCAL ARTISTS AND MUSICIANS EXHIBIT 2 City Council 10 – 18 9/17/2024 According to the 2023 Santa Ana Visitor Analysis conducted by Travel Santa Ana and tourism/destination research company Zartico, DTSA First Saturday ArtWalk ranked as the second highest visited destination in Santa Ana in 2023, behind only Santa Ana College, and ahead of such notable locations as Santa Ana Zoo and Mainplace Mall. TRAVEL A � ZARTICO EXHIBIT 2 City Council 10 – 19 9/17/2024 EXHIBIT 2 City Council 10 – 20 9/17/2024 ·sassau,snq eaJe 1e a8euoJ1ed aJow pue 'Sl!S!A Ja8uo1 'sJOl!S!A aJow a8eJno3ua ll!M l!--SlS!JJe aJow ase3Mo4s pue 'JJoddns 'a8e8ua 01 sn sM011e A1uo 1ou �IBMlJV 8u!puedx3 H'13A/ ooo·ost$ / HJ.NOW/ OOS'ZL$ =1VJ.OJ. ....., ■ ...... ■.,,. ■, • -a■- '- ■ � ■ ...,_.._ •■'-■-■ .._ •• ... ■ .-.... a.■■ ■ a.■■• • ■ �-. ■'-• ■a.■■, • ■ , ..... -■■■a■■ ..... ._•� ......_ __ .-., • ■ ,.,,. I 1'------1'-1---._ ,.,,. �■'-'------..11"1.. ■--a I '-----Ila OOO'OS�$ =s1N3A3 301M-NM01NMOO 3Al3Ml ll0:l 1390n& ,vnNNV EXHIBIT 2 City Council 10 – 21 9/17/2024 Telephone • We hope you will partner with this wonderful and impactful community event, and are standing by should you have any questions. (323)428-7411 Email 1ogan@thefridacinema.org Website THE FRIDA CINEMA DTSAAR ALK.ORG EXHIBIT 2 City Council 10 – 22 9/17/2024 Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center AGENDA TITLE Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 2024-2025 School Year RECOMMENDED ACTION Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On August 17, 2021 the City Council approved a facilities use agreement with the Training and Research Foundation (TRF) to operate childcare centers at Corbin Community Center and El Salvador Community Center, for a term beginning August 17, 2021 and ending August 31, 2026. Based on the needs of the community, staff is recommending the expansion of services to assist families in the community. Staff is requesting an amendment to the current facilities use agreement to grant TRF the right to provide licensed afterschool programming until the end of the 2024-2025 school year at the Logan Community Center, 1009 N Custer Street, Santa Ana, CA 92701, prior to major renovations scheduled for next year. The term of the amendment shall commence on September 1, 2024 and end on June 30, 2025. TRF pays the City a monthly fee of $2,000 for the use of the facilities for the current service locations at Corbin Community Center and El Salvador Community Center. As proposed, TRF will pay a monthly fee of $600 for the use of the Logan Community Center, increasing the total monthly fees payable from $2,000 to $2,600 for the term of City Council 11 – 1 9/17/2024 Amendment to the Facilities Use Agreement with Training and Research Foundation to add the Logan Community Center September 17, 2024 Page 2 4 5 5 1 the amendment. The first payment to include the additional $600 will be for September 2024 and continue through June 2024. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT TRF will pay the City $600 per month for the use of the Logan Community Center, for 10 months. Funds will be deposited in the following account for the specified fiscal year. Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 24-25 01113002- 57361 General Fund PRCSA-Recreation Facility Rental $6,000 EXHIBIT(S) 1. Agreement Amendment Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager City Council 11 – 2 9/17/2024 Page 1 of 2 FIRST AMENDMENT TO FACILITY USE AGREEMENT WITH TRAINING AND RESEARCH FOUNDATION FOR CORBIN CENTER AND EL SALVADOR CENTER THIS FIRST AMENDMENT to the above-referenced agreement is entered into September 17, 2024, by and between Training and Research Foundation (“TRF”), a California non-profit corporation, 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”). City and TRF are also collectively referred to herein as “the Parties.” RECITALS A. The Parties entered into Agreement No. A-2021-191 (“Agreement”) dated August 17, 2021, to grant TRF the limited right to operate licensed childcare at the Corbin Center and El Salvador Center to provide services to low and mid-income preschool children and families in Santa Ana. B. The Agreement is current and in-effect through August 31, 2026. C. The Parties now wish to amend the Agreement to add the Logan Center as a service location and increase the monthly fee to account for the Logan Center. The Parties therefore agree: 1. Section 1C, is amended to also include Exhibit C-1 of this First Amendment, attached hereto. 2. Section 1, is hereby amended to include a paragraph D, which shall read as follows: City grants TRF the right to provide licensed childcare services at Logan Center in the area specified in Exhibit C-1 attached hereto and incorporated by reference. 3. Section 3, Consideration, is hereby amended to include an additional monthly fee of $600 for the use of Logan Center for a total fee of $2,600 per month for use of the Facilities. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect. [signature page follows] City Council 11 – 3 9/17/2024 City Council 11 – 4 9/17/2024 EXHIBIT C-1 City Council 11 – 5 9/17/2024 p 1 r II Y l I III I qrKY J L 0 fL7 J t 11 Vi ill I lik I 0 I III 1I NUMBER DATE INITIAL 461 I 1 v f ff l t J io lilJr J e II O JI j 4 C25tJC rtrVA11 f f mTt@ 4X tFli rll lrlti ft F1 fh 1 l I y 1 1I PLAN NCTEB3FLoeR TII I 1 I co 4 t 2 F Q R Jl ss ri rrIONS F located water closet lJC f S R I J t xISr t C ION l Q PJM QJr 9 2 ftE fCpfLS f Ff a If Lti r 8 1 i r Fof S 12 i r OLlQG ex b c rirc It J Yb Ll Fef2 lfpJl rnrJt 3 Neil c nCCc te fleer slab Slope l iu to 11 0 to drain E1XISTING RECREATION AREA 1 ExistiljJ walls partitions d rs fr nes thresholds hardware etc to be derfoli3hed tu d raroved 3hown dJtted l nless other ise nObsd Contractor 5hall notify Architect illlG diatelyofcdorsteelstructuralPstsorCOllUfJ1Sconcealedin partitions or lalls indieated to le d jnaolishe 5 rJev fCne fete blf plaf1te cii hVat eff oof Lt8Hh af mPtJ at enti eif1 if eface s c L peifieaticnsr f 11 J H l J 1HI L J FIJrsT5l1IEa LI2 Ll hhfAr0IYJf TI C 7 4 rJew fl Jr drain see Specifications 5 l e 18 cJal je netal trash receptacle 2 E istiIYJ Ccof structure to reJlvlin E1lp rarily shore m j or br ce rcOf st uc ture in pllce duriodenlolition afrl rEHJNal of e lstlfKj partItlons arId 1talls 1 1J until nJ l cncrete f JtiI1tJsandnwbearilJHallsareinplace 7 e l p 0 IOlllJ iVall flounted cast iroll p rcelin en lnel ira3h sink Provide 2 x blockitJinall foc If UntinJeEE oer I I 10 Existin9 iiryjc 1 d Icetal reen to re nain Relfove existirYJ paint frc l1l tiinda l fr Jme sill tria an screen Repair 13 rel Jir o Ld f in see Fini h E hedule 8 rJe col1crete block s ceen typ3EiCIstlfllJconcreteflCtrslabfctiI1tJsoJehortoltsetetobe u wolishaj and ren C vcIj fron tJ e site rj rt f Ok51T 1 t9Nei12 12 concrete blocpilaster typ 4 E istiI q lavatory to be r rov d ard beeorne p rcf rty of the o rer 5 E istinltJ urinal to l salvf Jd lean d repaired 13 rCuir d ard reloc ated to N w Men IS Restrcxm1 II GD 1111l f CN el ontt19fifC AF f Iq l Lefl4 it r vvqftrrp q2f Sffi11Eelocatedurilal 6 E istincJ hab r cloGet to le alv21cJ d elei1ned r paired s rE quired dJid reloc ated to Ne ien I s lnd Wrnen I s Re trcons 12 E istiIY1 meter to remain @ 13 F lccat d electric l panel and 1itJilt tinjer P It r E3 f1CJl c xloH17Eistirqelectricalp1nelill1dlicJhttitlerto te clean a repaiced as cequir d alo relocab d to E itintJ Office se lo loor Plan Nt Ondit ions ll E istir Struct ral tccd PC st to remain 15 tell cr l1ccete footin bel8Eistifl3struturalrcdposttorEmaintyp 9 g i3 in lr tal qate to te cleaned repaired as required JJ d r H1aln In plac t1 DFFIC CT Z tl P 13 St311d blast e terior plaster p3tch ard or c pai c holes 3 cec1uiroo ar prepafe to r Ceive n l dash coat 5ee Sr cs 16 Patch Jj d or repair cacks in e iatinfJ Le I1 rete slab clean pre ue f8 Jif r C 1C r EiHI rE J IF t F crfEIElCsrJcalErJJ 17 Patch J d or t fJir holes ete in r lls as r iuired Clean oJ1d prepare to rec ive r fini h see Iini3h ScheduleB @ 10 E isting r C JC to le refilJv d L 11 E istiIYJ plumbincj pipes joints concrete etc to le C l lfolished an r lrov d fecm the site Patch NaIl JS reci1Jired to natch e 15tl J nO ac nt plaster 19 12 12 M LrCCE F Je12patcheistingallsflcrsarceilinlfJsatreJnvedpartitions as recluIr d to H1atr h e istiflJ djacent Orklf t r 7 ft kS r C J f lQn rx 2i r t H t i r o1Cdt I l J fN4t j t 1Q tJ I Il C l 0 t LJ 1 f XE t lEteh 1 I f qi 10 f I El r L t1ftrhitlrIJ I I r IItI FLOORSCALEUf I IIiIti f I 13 E lstlliC qr1b h3rs to be salvIJ cleal1 d oJ1d reloeatEd in r en IS and NClllcen IS Restrooln ee lo lcor PlUl N l Cellditions 15 U14enveeistinltJcofir1tJtravelstop8TdfasciaPcovideolj Install n t t IiO at 9ravel rc finfJ Il l metal fla5hinJ at iStir19 pluLbicfJ pip s piercirqexistilltJ roof prcjvide and Instal le 2 10 Cont Wd Fa cia and ne l 26 cJauqe jalVanlzed lrcn clcavel stop l l aroulld I I tl 461 011 J y f I r it Ij 15 E istifrJlneter to remain 16 E istintJ all to ie relrjved for ir3iaLlatloll of 11B 1 rJC1 c 11 AIIIW f6 Nft1lI ff wI WV fNv@fL k2 e R3Tlt 1 F Jf TrittJ I i1Ef 10 r c J J I tJ 1 Tl r BFet Rr bO flaJ eEe 1I Jr El e rnctA 30 J trtr HX1 ta 1 @ i raRAGE j i C I e BXISTIN 13 RECRBATICN C I l 1 AREA fl I W4C Ii jOr6It C ror V AW 11 fVtJ CONt eol1ON be6 rJ6 fj COv ft t GRNJev OOfIN6 OV f I rG ROOf INDf1IM r lO @ 1 9 15 x tQdrE1J1Flff IO efl 00 0111 f I u rrr rJg Nt H FIX T1Jt Jer1tft rf S 17119 J IJ I IS t9 pB q N t7W IiOf10 fASO filev2X VIPtkstaSCZJ 16 o lYR t JEV P i 5 i01btcrrf tJ J e4frcrrr r@ c f 1 6 n t tlcYrE J J j Jew J l trFPrtltFSElfr I c7rr eo 11 bA R5 C f r1ef OrJ c jLH 2 I j1 rC 1 Mle r 5 15rtoyr Fl f T L tt SJ LE Vell V I f f I l 5fiNJr t fZ fTf c NI5W 1 jC WOOSTUO V AI NVV 1 Qlu11h aJim2 h jJ lrl w 6 vlC6 I WaMSNI S c t TilE IiUSlrcarI4I1I IltJt 0I t t2 iflB f c WI tL i l L E SuiNellIIIeXfce1etli pt lC1 vus ftiflrOKWWlrBifH N W t lur fJ os r it Oll W V2I CiP eo Sl e U e NDlfjflJfe l fjrNir tdfr 101arN Ofv1 s i BrN t itt NCJ Sl1JQ2 w 1f1JJ ftCltfJ 1 jo tJ 6fP iW IN H b ffO IOP fjR uxKltt6r AS lroo fbY a IffJ1IlLIl I t HOl lvONVl llHft lJ1 t J8OHAtIBXTCNDINfOcotUjN1ljBXWfM6f HoflLOJjl10cfAfffajIIC 6re ftlQCfBlNl U11 L r lI OJ r rIIIrR tJ01 e 0 rwr 0JHW 0ee 61tr A I rt f r e C I cllLldNrNAojI2E N W 411 QiiO 7t tf 3 WI HfJ t fb jb lb y EHFlJHS 1lJJ1BIGUrrIES N D C USSIONS IN 7 W W M ee@ DHAWIOCS JlID SPlCIFICAfICm SillLL EB REHXfF 10 ED 11lD c J3ARKER ASS CCIJlfES FOR ORl EerICN OOlUUBIDDlt G PERICO AND OR BEFORt C Cr J 0 f1 III II ftlY pAI r O lIRE DHK IS HrAI rED UNLESSrJVjI 1 i t rL Expi ESSLY SfIPU IED J AJDlfICNAL ALIf1PCE 0 A v6 Ib I 0 I iILL BE JJE IN TBE CDN1rFACIUR P D OR I1PllJIiAeHJFERI S FAVOR BY VIRIUE O EHIlJHS Pl 1BIGUIfIES l D OR a ISSIONS HICH a1fJJID HAVE BEEN DISCOVEHID UJHIU IHE PHEPA Fcl fICN Ot BID ESrlr rE l D DIFECfED 10 CUR 1rIENfION IN A fli 1ELY MeNNEH f8 C t i 8rtTrlLtL C O r c i r I I L 0 7 t iii ASSOCIATES ARCHITECTS l dj L tzj II A I A 30B S UNION PLACE LOS ANGELES CALIFORNIA TEL 213 484 2096 90017 EEi rf F k REVISIONS SCALE PROJECT TITLE P A f y f 6 J 0 A r r J 0 tj 0 a fK01rpOfffl No 161 1 No J36 14ct G31 No r60 1 Project A c c 0un t Work OrderAPPROVEDt1tfJra1Ii 5 II i53 I Q 0 1 N 0 r Jf y r N J jf f N l RECREATION AND PARKS DEPARTMENT CITY 0 F SANTA ANA lI LOCATION OF CHILDCARE SERVICES LOCATION OF CHILDCARE SERVICES EXHIBIT C-1 City Council 11 – 6 9/17/2024 0 r IlI Jb t I I I I n bO f J of yc t e Or r t 12 J iI P t SITE PLAN NOTES 1 eA tt r U D C NOlES FOR IrGli PAl K SllE PUN X 1 IJto 1 Netrl BatlY W3 ar d Constructicn ShOt1l1 dotted 50 0 U j dl 7 @p r 2 w lla flt FEe 3 New 6 l hicJh concrete block oall typical K J 11 I 4 E istiflJ fl J f le to rll1ain j 5 Existir1CJ r ole to be relfGVoo I I 1 1 II I IFDI xt51 u jM bq GOErL1 I rDI I r I I rt n J EXI S TING i f DJ1MU JIr l u 00 lBUILDING 6 Ne i 2 wide paintd M1ite lines typical JI V di5r I4IJ 7 Relocat d I d bench Provide r untirg as reauirecJtrire J iQl1Jo VVon4 fEl r Ce V I r FieJl1CrTCLffCftuFFEttifn 8 Existil1tJ li1ht fole to remain Provide ne fixtures at top ilnd vlirinasrequired and indicated in Electrical Drahdnjs x f r n n n 1 EXISTING HANDBALL JCDURr 1 TF @ t I @ j 16 Existil1Cj tree to remain See LandscapeDrawirJJs ffar f I I I I t 1 I I 1 n Jnn fii I I i j i I1ti iK T I il Y A68 r ij F ij V JlTcotifBQJOINTfOiGbiIN nr 9 Existing l d bench to rEtain ri r iov EXJSn Jc nn mNc2ffZENltLtthitOTo1S1tttY1lrJ4 s10Eistil1CJffOXlel1chtoberelocatedtoCJfositesiceofBasketballCourtSeetei7 il E TINi3 TDT LDT 11 Existin9 Basketball c3oal to remain 15 E istiI1CJ fiberglas tabletop aJ j benches to te relocated to expm ded bar be iue pit area el rlrre te1 @ EXti3TRl J ollrJdlEN1JFfJ 10 l I 0 tiEEtQfnFQEt M1CEMarTforJ WO F r R 12 E istirtJ plantirg area to remain arrlreceive nevi plantil1CJ See Landscape DraYNh1lJs 13 Ne rejoc d benches typicalf0J14Netrl30hiJhOl1creteblock retainintj all typical p c e cp E lBl1r Cl lc i7 lf k1I etl d To AlcH lXi3Tll I9 J fi 17 E istin j 4 0 or lIIC i i chailLlink fence to be relr vd 4e1 cJR r1ff f 20 E istil1J l d psts to Bep tt 1c E P 18 E istinq 7 10i j verify chain link fence P S1S fC Jtinqsfastererseb to le rEnKN d froll site arrl r plac d Hith n 10 O hi Jh chain linl feIlce P st fG tin s etc See Sf s Details istil1CJ drinkirlfJ foun ain to ren1ain i5 l lh l W FF7 fr I r l DLe ejell 4 01 IPcIr 1Li lj1MifL r 3r r J b c t tJjf 5 ft R bj2 m JFrtrfJ A LJO jrJ f 3lTfr7 5 1 Kl 1 GrSnEi1bIJLI J c r r L J f JFr 6 rfR I 041 QQ G L VTOFfrJkT YAfJl o lir Jiror o n@011tlJitfo i P fF r 5f1o JI Ie 0 0 AJ1tftEFrfrnCTTeJQ10oer II t I IrcrV t 1 tJfZ r rneTTrrr1 ID j IIflICLvEr1rr 1 EI t J r f2E F r r J fi t 2 r F V Jl r ITo s u fJh 1 01 et 1 IIIj I I1 19 22 E istin9 Ct ncrete slab fcotir Js aI1chor colts etc at trash bin acea to i e c nolish d and ren 21ved from site r INENfC t BE r A 21 r el l xd park identifieaticn siyn teJ1C7V cW olaJ4r 0 Lc lIB 11 J EX A Q quT iBARSEoI3UII Q IA R E A 5Wf fQ AIN rlChJI I 1 1 IIl 23 N l f1ilir 7 0 ide x 6 0 hi 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Rentals Inc. AGENDA TITLE Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Power of One Foundation to co-present a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A-2024-XXX). 2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548. 3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, Contractual- Professional Services expenditure account (01113230-62300). (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Parks, Recreation, and Community Services Agency (PRCSA) was instructed to explore revenue-generating opportunities at Santa Ana Stadium enabling PRCSA to host or co-present events that attract residents and the surrounding community, focusing on music and sporting events with potential ticket, food, and vendor sales. City Council 12 – 1 9/17/2024 Event Production Agreement with POOF And Purchase Order Contract with Sunbelt Rentals Inc. September 17, 2024 Page 2 In May 2024, the Power of One Foundation submitted a Special Event Permit to host a mariachi competition at the stadium. Recognizing its potential as a proof of concept, PRCSA proposed co-presenting Fiestas Del Mariachi, Sunday, October 13. The first half of the event will feature a free community talent showcase with local mariachi groups, ballet folklorico, and participation from community organizations and non-profits. In the evening, the stadium will transform into a vibrant music venue featuring professional mariachi groups. Under this agreement, the City could recover $9,005 for the normal stadium rental fee and $118,548 for protective flooring rental. The City will use a competitively bid contract through Omnia Partners (Contract No. 200601) to issue a purchase order to Sunbelt Rentals. This complies with Santa Ana City Ordinance No. NS-3041, allowing procurement from public agency contracts, minimizing delays and avoiding additional bidding. POOF will cover the remaining event-related costs, estimated at $411,826, for staging, entertainment, food & beverage, and security. POOF has estimated the event will generate $775,950 of revenue. Once all costs are fully recovered, the parties will enter into a strategic revenue-sharing agreement to maximize returns. Beyond financial recovery, this event is poised to serve as a powerful economic driver for the City, acting as a multiplier for local businesses by attracting thousands of attendees, increasing foot traffic, and generating significant spending in Santa Ana's surrounding areas. This spectacular event will ignite the heart of Santa Ana, electrifying attendees through a musical journey that blends the rich, soul-stirring rhythms of traditional mariachi with an elevated VIP experience that includes floor seating and exclusive food and beverage options from local vendors. POOF and the City’s aspiration is to bring together over 10,000 attendees for an epic day of music and entertainment with a wide range of ticket packages; there will be something for everyone who wants to experience the best of mariachi music in a phenomenal setting. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. City Council 12 – 2 9/17/2024 Event Production Agreement with POOF And Purchase Order Contract with Sunbelt Rentals Inc. September 17, 2024 Page 3 FISCAL IMPACT The following table includes the cost estimate for the event. City Pays POOF Pays Total Flooring Rental $118,548 $118,548 Security, Food/Beverage, Stage/Lighting, Additional Floor Seating, Sound System $411,826 $411,826 Total Costs $118,548 $411,826 $530,374 POOF has estimated the event will generate $775,950 of revenue. Under normal circumstances, the City would collect a fee of $9,005 for rental of the stadium. However, in lieu of the normal rental fee, the City and POOF have agreed to a formula of cost recovery for the event, as outlined in the table below. Scenario Ratio of Event Revenue to Total Costs City Cost Recovery 1 0%-25%Maximum of $13,259 (10% of revenue) 2 26%-50%Maximum of $53,037 (20% of revenue) 3 51%-75% Maximum of $118,548 (City’s portion of total costs) + $786 (a portion of the stadium rental fee), based upon 30% of event revenue 4 76%-100% Maximum of $118,548 (City’s portion of total costs) + $9,005 (entire stadium rental fee), based on maximum City out-of-pocket costs If the revenue exceeds total costs, the City will receive the maximum cost recovery and stadium rental fee outlined in Scenario 4 in the table above, plus 20% of revenue in excess of Total Costs. Example #1 If the event only generates $132,594 of revenue (25% of total costs), the City will only receive $13,259 (10% of the revenue) to offset its costs. This would result in a net loss of $105,289 ($13,259 revenue, less $118,548 cost). Example #2 If the event generates $530,374 of revenue (100% of total costs), the City will receive reimbursement for the $118,548 of flooring and the $9,005 stadium rental fee that would have normally been charged. City Council 12 – 3 9/17/2024 Event Production Agreement with POOF And Purchase Order Contract with Sunbelt Rentals Inc. September 17, 2024 Page 4 Example #3 If the event generates $775,950 of revenue, as estimated by POOF, the City will receive the same $118,548 cost recovery and $9,005 stadium rental fee in the previous example, plus $49,115 ($775,950 revenue less $530,374 total costs = $245,576, multiplied by 20%). Appropriation Adjustment With approval of the requested appropriation adjustment, a portion of the spendable General Fund balance will be available for spending in the PRCSA, Recreation and Community Services, Contractual-Professional Services expenditure account (01113230- 62300). The spendable portion of the General Fund balance is estimated to be $1,508,397 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $118,548. As discussed above, the City will recover some unknown portion of this cost. If the event generates revenue as outlined in Example #3 and the City receives revenue exceeding the cost of the event, staff will return to City Council with a proposed appropriation adjustment to enable additional department spending. EXHIBIT(S) 1. Power of One Foundation Agreement 2. Quote from Sunbelt Rentals for Event Floor Cover Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager City Council 12 – 4 9/17/2024 1 AGREEMENT FOR CO-PRESENTATION OF AND REVENUE SHARING FOR FIESTAS DEL MARIACHI EVENT THIS AGREEMENT is made and entered into this 17 th day of September 2024 (“Effective Date”) by and between Power of One Foundation Inc, a California non-profit public benefit corporation (hereinafter “Foundation”), 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 (hereinafter “City”). Foundation and City are also referred to as the Parties or singularly as a Party. RECITALS A. City desires to co-present a Fiestas Del Mariachi (“Event”) at the City’s Santa Ana Stadium (“Stadium”). The Event will feature a youth talent showcase and resource fair in the morning and afternoon, and an evening portion of the Event with professional Mariachi bands and performers; B. The Parties have agreed to share revenue in an effort to ensure reimbursement of all expenditures by the Parties, and to allow the City to determine whether it would like to co- present similar events in the future through a public-private partnership; C. Foundation is a non-profit public benefit corporation whose mission is to provide basic human resources to every person in need of them, regardless of their country of origin, race, gender, or socioeconomic status; D. The Event supports the Foundation’s Mission by empowering youth and supporting mental health through music; and E. Foundation has experience in planning and holding large scale community events. Foundation also represents that any services performed by Foundation under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional non-profit foundation. 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. FOUNDATION OBLIGATIONS Foundation will provide the necessary planning, management, staffing, and services required to put on the Event (except those items and services specifically excluded below in this Agreement) at Foundation’s expense. The Parties agree that Event will be held on October 13, 2024, but should the need to reschedule the Event occur, the Parties agree to work together to determine a mutually agreeable new date. The planning, management and services required to put on the Event shall include, but are not limited to, the following: A. Event Permit Foundation shall submit application for City Special Event Permit (“Permit”) and shall comply with all conditions and requirements set forth in Permit, City special event rules, policies and procedures as Exhibit 1 City Council 12 – 5 9/17/2024 2 provided in advance in writing to the Foundation. B. Youth Showcase and Resource Fair Foundation agrees that Youth Showcase and Resource Fair will have free admission for the public. The Youth Showcase will feature local youth groups. The Resource Fair will feature local non-profits and community organizations. C. Food and Beverage Vendors Foundation shall require all food and beverage vendors to obtain all necessary permits and licenses to sell or provide food and/or beverages at the Event, including, but is not limited, to City permits, Orange County Health permits, and regulatory permits as necessary from the Alcoholic Beverages Commission (“ABC”) and any other applicable regulatory agencies. Foundation shall require food and beverage vendors to comply with all applicable laws and regulations regarding food and beverage preparation, handling, and service, and any applicable laws and regulations regarding the disposal of cooking grease. Foundation shall require that any vendor selling alcoholic beverages have sufficient safeguards in place to protect against sales of alcohol to anyone under the age of twenty-one 21 and utilize an appropriate and reasonable process for checking identification of any person purchasing alcoholic beverages at the Event. D. Other Vendors (Not Food and Beverage) Foundation shall require all other vendors to obtain a City permit and City of Santa Ana business license and to comply with all other applicable laws and regulations. E. Marketing and Advertising of Event Foundation shall be allowed to list City as Co-Presenter of Event and to utilize City logos and marks for purposes of advertising for the Event. All use of City’s name, logos, trademarks, or similar information shall be pre-approved by City prior to distribution to the public which includes, but is not limited to, press releases regarding the Event, website advertising, email blasts, radio spots, and social media posts. F. Security Foundation shall work with SAPD to ensure there is sufficient security to keep order and maintain safety for the Event. To the extent SAPD officers are necessary for the Event, Foundation shall pay those costs. All private security providers and guards will be licensed by the State of California when required by applicable laws and regulations. G. Mariachi Bands and Performers for Evening Portion of Event Foundation shall secure performance of four (4) to five (5) Mariachi Bands or performers for the evening portion of Event which will require paid admission. Foundation shall provide a stage, professional lighting, and all other necessary elements for the performances. Foundation shall comply with all applicable laws and regulations, including but not limited to, building, electrical, plumbing, and fire codes, in addition to maximum occupancy provisions for the Event. Foundation Exhibit 1 City Council 12 – 6 9/17/2024 3 will advise City of the identity of the bands and performers no later than three (3) weeks prior to the Event. Foundation shall ask all bands and performers that the daytime Event is a family friendly event and ask said bands and performers to select performance material that is family friendly and without profanity. H. Sponsorships Foundation will have the ability to solicit Sponsors for the Event subject to discussion and input direction from City and understanding that City is a public entity subject to certain legal and policy- related restrictions. I. Restrooms Foundation shall provide additional restrooms as deemed necessary by City Parks and Recreation staff for the Event; and the costs of such additional restrooms will be added to the overall budget for the Event. J. First Aid Station(s) or Ambulances Foundation shall provide a First Aid Station(s) for the Event when deemed necessary by City Parks and Recreation staff; and the costs of such First Aid Station(s) or the ambulance(s) will be paid by Foundation. K. Trash Clean Up Foundation is responsible for maintaining litter control and sufficient trash bins during the Event. Foundation is also responsible for clean-up after the Event and returning the Event location to the same condition that it was in prior to the Event. Foundation will require removal and disposal of grease from cooking booths or booths where food is sold in compliance with applicable laws. Foundation will use or require vendors or sub-contractors to use, grease barrels where applicable. Event clean-up shall be completed no later than Monday, October 14, 2024, at 1:00 p.m. Foundation will work diligently to meet Event clean-up deadline. 2. CITY OBLIGATIONS A. City will provide flooring to cover the Stadium athletic field for the Event and will arrange for installation of flooring at City’s expense. In addition, City agrees to absorb the fees for Permit for Event. City’s financial obligations regarding the Event shall not exceed one hundred and thirty thousand dollars ($130,000.00). B. City agrees to use City social media, the City’s website, and other city communication mediums to advise the public about the Event. This shall be at City’s sole discretion as to the manner, method and frequency. 3. REVENUE SHARING A. Foundation will be responsible for the payment of costs associated with the services provided pursuant to this Agreement; including the cost for City services as agreed to by the Parties, such as the presence of Santa Ana Police Department officers, costs of bands and performers, equipment and support personnel (excluding City personnel provided as part of the Eddie Exhibit 1 City Council 12 – 7 9/17/2024 4 West Field Santa Ana Stadium’s facility rental fees), security, set up, clean up, sponsorship acknowledgements, insurance, taxes, fees (except those expressly assumed by City pursuant to this Agreement), and any other costs involved in undertaking the Event. B. As noted in Section 2 above, the City will procure and install flooring over the Eddie West Field at the Santa Ana Stadium for the Event at City’s cost and will waive Permit fees for Foundation. C. The Parties agree to a share of the revenue from the Event. The goal of the revenue sharing arrangement is that both Parties recoup their share of all costs paid by each Party or absorbed by the City. 1) For purposes of this Agreement, “Revenue” means total ticket sales for the evening portion of the Event, total fees paid by food, beverage and other Vendors to the Foundation, and total sponsorship fees, excluding any in-kind sponsorship, paid to Foundation for the evening portion of the Event. 2) The Parties agree to share Revenue from the Event as follows: Table 1-Phased Approach to Expenditure Recovery For clarity purposes, the following table includes the cost estimate, (but does not include the any additional restrooms, security, first aid stations and on-site ambulances costs that may be requested by the City and will need to be added to the overall cost estimate), for the Event: City Pays/Absorbs Foundation PaysTotal Flooring Rental $118,548 $118,548 Absorption of Eddie West Field at the Santa Ana Stadium Rental Fee $9,005 Security, Food/Beverage, Stage/Lighting, Additional Floor Seating, Sound System $411,826 $411,826 Total Costs $127,553 $411,826 $530,374 Foundation has estimated that the Event will generate approximately $775,950 of Revenue. Under normal circumstances, the City would collect a fee of $9,005 for the rental fee for the Eddie West Field at the Santa Ana Stadium. However, in lieu of the normal rental fee, the City and Foundation have agreed to the following formula for cost recovery for the Event, as outlined in the table below: Milestone Ratio of Revenue to Total Costs City Cost Recovery at each Milestone 1 0%-%25 Maximum of $13,259 (10% of revenue) 2 26%-50%Maximum of $53,037 (20% of revenue) 3 51%-75%Maximum of $118,548 (City’s portion of total costs) + $786 (a portion of the stadium rental fee) 4 76%-100%Maximum of $118,548 (City’s portion of total Exhibit 1 City Council 12 – 8 9/17/2024 5 costs) + $9,005 (entire stadium rental fee) If the Revenue exceeds total costs, the City will receive the maximum cost recovery and stadium rental fee outlined in Milestone 4 in the table above, plus twenty percent (20%) of Revenue in excess of Total Costs. Example #1 If the event only generates $132,594 of Revenue (25% of total costs), the City will only receive $13,259 (10% of the Revenue) to offset its costs. This would result in a net loss of $105,289 ($13,259 Revenue, less $118,548 cost). Example #2 If the event generates $530,374 of Revenue (100% of total costs), the City will receive reimbursement for the $118,548 of flooring and the $9,005 Eddie West Field at the Santa Ana Stadium Rental Fee that would have normally been charged. Example #3 If the event generates $775,950 of Revenue, as estimated by the Foundation , the City will receive the same $118,548 cost recovery and $9,005 Eddie West Field at the Santa Ana Stadium Rental Fee in the previous example, plus $49,115 ($775,950 Revenue, less $530,374 total costs, multiplied by 20%). Appropriation Adjustment City staff requests an appropriation adjustment of $118,548 for the cost of flooring rental from the City’s General Fund balance available for spending (currently estimated at $1,508,397). As discussed above, the City will recover some portion of this cost. If the Event generates Revenue as outlined in Example #3 and the City receives an additional $49,115 of Revenue, the City staff will return to City Council with a proposed appropriation adjustment to enable additional department spending. Table 2-Proposed Revenue Sharing Arrangement Between Foundation and City Milestone Cost Recovery (%)Foundation City City Projected Revenue After Expenditures 5 100%+80% 20% If all Milestones are met, the City anticipates a minimum revenue of $47,314 3) Foundation shall provide to City in writing an accounting of all Revenue collected from the Event and expenditures made by Foundation for the Event within thirty (30) days of the Event. 4) City will have thirty (30) days to review the accounting and if the City deems necessary, within the thirty (30) days to notify Foundation in writing an audit of the accounting by a third party certified public account (“CPA”) of City’s choosing and at City’s expense. If the City’s thirty (30) days to review the accounting elapses with no action by the City or City does not request an audit within those thirty (30) days or City notifies Foundation at any time during City’s thirty (30) day review period that it will not be seeking an audit, Foundation shall pay City its share of the Revenue within fourteen (14) days thereafter. 5) If City deems an audit is necessary, the audit will be done and the results Exhibit 1 City Council 12 – 9 9/17/2024 6 communicated to Foundation in writing within ninety (90) days of the City’s notice that it deems an audit necessary. Foundation shall provide access to all records of all Revenue collected from the Event, expenditures made by Foundation for the Event, and all records regarding the Event deemed necessary by the City’s third party CPA for purposes of the audit. 6) If the City determines that a third party audit is required, the Foundation will issue payment of the City’s portion of the revenue within thirty (30) days of the determination of City’s third party CPA. D. This Section shall survive expiration of the Agreement. 4. ACCESS TO EVENT BY CITY STAFF City staff designated by the City’s Parks, Recreation and Community Services Agency and/or the City Manager’s Office wearing City identification will have access to the Event. For clarity, Foundation will provide City with one lounge seating area which encompasses seating for only 12 people. 5. TERM This Agreement shall commence on the Effective Date and terminate on January 15, 2025 (“Term”), unless terminated earlier in accordance with Section 13, below. 6. INDEPENDENT CONTRACTOR Foundation, its agents, officials, Board of Directors and staff shall, during the entire Term of this Agreement, be construed to be independent contractors and not employees 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 Foundation performs the services which are the subject matter of this Agreement; however, the services to be provided by Foundation shall be provided in a manner consistent with all applicable standards and regulations governing such services. Foundation 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 limited license for City to copy or use, to the extent owned by Foundation, or allowed for limited use for the Event pursuant to a contract with the performer(s), any copyrights, designs, and other intellectual property embodied in the marketing materials, which are prepared or caused to be prepared by Foundation for the Event under this Agreement (“Documents”). Provided, however, that any marketing material prepared for or by Foundation shall remain the sole and exclusive property of Foundation; and except as set forth herein, City shall have no right to copy, use, modify, reuse or sublicense any and all such items other than in connection with the Event. The Foundation may not use any drawings or artwork that identifies the City of Santa Ana or uses the City seal for any use other than for the Event without written authorization. For avoidance of doubt, all marketing materials, plans, specifications, studies, drawings, artwork, and any other documents or works of authorship is owned by the Foundation or the specific group of performers and Foundation has limited right to use such works. Exhibit 1 City Council 12 – 10 9/17/2024 7 7. INSURANCE Foundation shall procure and maintain for the duration of the Agreement insurance against third party claims for injuries to persons or damages to City property (“Claims”) which may arise from or in connection with products and materials supplied to City. Total cost of such insurance shall be borne by Foundation. The minimum scope and limits required are as follows: A. Commercial General Liability: coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. B. If Foundation maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Foundation. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. C. The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the City including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. If allowed by Foundation’s insurance company, insurance company agrees to waive all rights of subrogation against City of Santa Ana, 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 Foundation for City. 3. For any Claims related to this Agreement, Foundation’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. 4. If allowed by Foundation’s insurance company, a severability of interest provision must apply for all the additional insureds, ensuring that Foundation’s insurance shall apply separately to each insured against whom a Claim is made or suit is brought, except with respect to the insured’s limits of liability. 5. Foundation shall ensure that the insurance policy required herein 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. Foundation agrees to provide the City with ten (10) days prior written for any policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92701. D. 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. Exhibit 1 City Council 12 – 11 9/17/2024 8 E. Foundation shall furnish City with Certificates of Insurance, copies of the insurance policies including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). F. To the extent applicable, and after discussion with City and potential subcontractor(s), Foundation shall require such applicable sub-contractors to comply with all of the provisions in this Agreement regarding Insurance. 8. INDEMNIFICATION Foundation agrees to defend and indemnify City, City officials, officers, agents, employees, assigns and successors in interest, from and against any and all third party claims, lawsuits, causes of action, losses, demands expenses, including but not limited to, reasonable attorney’s fees, costs of litigation, and damages of any kind for death or injury of any kind, including Foundation’s employees, agents, officials, and volunteers, or damage or destruction of any property of Foundation, vendors, subcontractors, arising from the negligent acts, omissions or willful misconduct resulting from the Event. This provision does not include the negligence, omissions or willful misconduct of the City, City officials, officers, agents, employees, volunteers, assigns, and/or successors in interest. The provision of this Section survive cancellation or expiration of this Agreement. 9. CONFIDENTIALITY If either Party receives from the other information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, receiving Party agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either Party by any subsidiary and/or agent of the other Party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the disclosing Party where it is disclosed in a publicly available source; (c) is in rightful possession of the disclosing Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Party without reference to information disclosed by the other Party. The provision of this Section survive cancellation or expiration of this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Exhibit 1 City Council 12 – 12 9/17/2024 9 Fax 714- 647-6956 With courtesy copies to: Executive Director –Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 571-4221 And City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Foundation: Power of One Foundation Attention: Andre Roberson, Executive Director 918 North Cleveland Street Orange, California 92867 Email: andre@powerofonefoundation.org 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. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Foundation, 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 Foundation. 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 Foundation 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 Exhibit 1 City Council 12 – 13 9/17/2024 10 Party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Foundation, Foundation 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 Foundations retained by City at its cost and expense. 13.TERMINATION A. Without Cause Termination. This Agreement may not be terminated without cause unless it is by mutual agreement in writing of both City and Foundation. B. With Cause Termination. This Agreement may be terminated with cause by either City or Foundation with no less than fourteen (14) days’ written notice to the other Party. “Cause” shall mean: 1) Either Party’s material breach of its obligations under this Agreement; or 2) Either Party’s filing for bankruptcy protection. C. To the extent possible, Foundation and City agree to use best efforts to resolve any issues or concerns that develop and to resolve them to the mutual satisfaction of Foundation and City. Each Party recognizes that the other will have a substantial investment of time and money in performing this Agreement. 15. COMPLIANCE WITH ALL LAWS The Parties shall comply with all applicable federal, state, and local laws and regulations including but not limited to the American with Disabilities Act. 16. DISCRIMINATION Foundation shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, military service or veteran’s status or any other grounds prohibited by state or federal law. Foundation affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17.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. 18. PROFESSIONAL LICENSES Exhibit 1 City Council 12 – 14 9/17/2024 11 A. Foundation shall, throughout the term of this Agreement, maintain all 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. Foundation shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. For purposes of this Section, email communication to the City is sufficient notice for such inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. B. Foundation shall require that all vendors and/or sub-contractors obtain all necessary licenses, permits, approval, waivers and exemptions necessary for the provision of any contracted 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. 19. 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. This Agreement may be signed in counter parts with each counter part being assembled to create a fully executed Agreement. This Agreement may be signed electronically by any means mutually agreed upon by the Parties and upon sufficient evidence to demonstrate the validity of each signature. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA _________________________ Alvaro Nuñez City Manager ATTEST: ________________________ Jennifer L. Hall City Clerk Signatures continue on the next page Exhibit 1 City Council 12 – 15 9/17/2024 12 POWER OF ONE FOUNDATION, INC. BY: __________________________ Andre Roberson Executive Director APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _____________________ Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: __________________________ Hawk Scott Executive Director Parks, Recreation & Community Services Agency Exhibit 1 City Council 12 – 16 9/17/2024 PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** * * * * Customer is declining Rental Protection Plan (see reverse side for details) ______ (Customer Initials) Customer Signature Date Name Printed Delivered By Date 1. The total charges are an estimate based on the estimated rental period and other information provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment. 3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment. 4. If the Equipment does not operate properly, is not suitable for Customer's intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received, read, understands and agrees to the estimated charges and all the terms on this page, plus all sections on the reverse side of this Contract ("Sections"), including Release and Indemnification in Section 8 and Environmental Fee in Section 16, which can also be found at www.sunbeltrentals.com/rentalcontract. *Delivery/Pickup Surcharge fee explanation is available at www.sunbeltrentals.com/surcharge. 7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt. 8. Customer waives its right to a jury trial in any dispute as set forth in Section 19. 9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20. PDFWS6 (Rev 02/28/22) QUOTE SUNBELT RENTALS, INC. www.sunbeltrentals.com Page 1 of 2 1652 4000 SACO RD BAKERSFIELD, CA 93308 9724 661-392-8802 Salesman: 065205 MCAULIFFE, KEVIN (65 Typed By: KMCAULIFFE Job Site: EDDIE WEST FIELD 602 N FLOWER ST SANTA ANA, CA 92703 2359 C#: 714-647-5400 J#: 714-571-4204 For operations in California: Customer is renting equipment registered under the California Air Resources Board (CARB) Portable Equipment Registration Program (PERP). The operator of the Equipment is subject to the requirements of the PERP regulation and local Air Pollution Control District rules. Under the PERP Regulation, the renter is required to keep a copy of the rental agreement and CARB registration certificate, including operating conditions and notification requirements, with the Equipment at all times. Customer must also complete the log provided with the Equipment as required by PERP and return the log with the Equipment (see www.arb.ca.gov/portable/portable.htm). By signing this Contract, the renter acknowledges receipt of these documents. Customer: 791123 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA PURCHASING DIVISION M-16 SANTA ANA, CA 92701 Contract #.. 151691461 Contract dt. 3/15/24 Date out.... 10/11/24 11:00 PM Est return.. 10/13/24 9:00 PM Job Loc..... 602 N FLOWER ST, SANTA ANA Job No...... 1 - EDDIE WEST FIELD P.O. #...... TBD Ordered By.. SCOTT, HAWK NET 30 QTY EQUIPMENT #Min Day Week 4 Week Amount 5880.00 MATRAX HD DRIVABLE TRANS 10.80 10.80 10.80 10.80 63504.00 5880 MATS = 79,380 SQ FT = 98 PALLETS = 7 TRUCKS (EACH WAY) ** NON PROFIT DISCOUNT APPLIED** 100.00 MATRAX TOP ADA RAMP 5.00 5.00 5.00 5.00 500.00 100.00 MATRAX BOTTOM ADA RAMP 5.00 5.00 5.00 5.00 500.00 8.00 MATRAX T-BAR INSTALLATION TOOL N/C SALES ITEMS: Qty Item number Unit Price 1 CAHERS1 EA 483.780 483.78 CA .75% HEAVY EQUIP. RENTAL TAX 1 MATINSTALL EA 15500.000 15500.00 MATTING INSTALLATION SERVICES JOBSITE FORMAN & GENERAL LABOR 1-DAY UNLOAD TRUCKS - STAGE EQUIPMENT 2-DAYS INSTALL 1 MATREMOVE EA 15500.000 15500.00 MATTING REMOVEL SERVICES JOBSITE FORMAN & GENERAL LABOR 2-DAY REMOVAL 1-DAY STAGE MATS - LOAD TRUCKS City Council 12 – 17 9/17/2024 PC#: IF THE EQUIPMENT DOES NOT WORK PROPERLY, NOTIFY THE OFFICE AT ONCE MULTIPLE SHIFTS OR OVERTIME RATES MAY APPLY CUSTOMER IS RESPONSIBLE FOR REFUELING, DAMAGES AND REPAIRS ******************************************************************************* ******************************** * * * * Customer is declining Rental Protection Plan (see reverse side for details) ______ (Customer Initials) Customer Signature Date Name Printed Delivered By Date 1. The total charges are an estimate based on the estimated rental period and other information provided by Customer. 2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment. 3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment. 4. If the Equipment does not operate properly, is not suitable for Customer's intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately. 5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment. 6. Customer has received, read, understands and agrees to the estimated charges and all the terms on this page, plus all sections on the reverse side of this Contract ("Sections"), including Release and Indemnification in Section 8 and Environmental Fee in Section 16, which can also be found at www.sunbeltrentals.com/rentalcontract. *Delivery/Pickup Surcharge fee explanation is available at www.sunbeltrentals.com/surcharge. 7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt. 8. Customer waives its right to a jury trial in any dispute as set forth in Section 19. 9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20. PDFWS6 (Rev 02/28/22) QUOTE SUNBELT RENTALS, INC. www.sunbeltrentals.com Page 2 of 2 1652 4000 SACO RD BAKERSFIELD, CA 93308 9724 661-392-8802 Salesman: 065205 MCAULIFFE, KEVIN (65 Typed By: KMCAULIFFE Job Site: EDDIE WEST FIELD 602 N FLOWER ST SANTA ANA, CA 92703 2359 C#: 714-647-5400 J#: 714-571-4204 For operations in California: Customer is renting equipment registered under the California Air Resources Board (CARB) Portable Equipment Registration Program (PERP). The operator of the Equipment is subject to the requirements of the PERP regulation and local Air Pollution Control District rules. Under the PERP Regulation, the renter is required to keep a copy of the rental agreement and CARB registration certificate, including operating conditions and notification requirements, with the Equipment at all times. Customer must also complete the log provided with the Equipment as required by PERP and return the log with the Equipment (see www.arb.ca.gov/portable/portable.htm). By signing this Contract, the renter acknowledges receipt of these documents. Customer: 791123 CITY OF SANTA ANA 20 CIVIC CENTER PLAZA PURCHASING DIVISION M-16 SANTA ANA, CA 92701 Contract #.. 151691461 Contract dt. 3/15/24 Date out.... 10/11/24 11:00 PM Est return.. 10/13/24 9:00 PM Job Loc..... 602 N FLOWER ST, SANTA ANA Job No...... 1 - EDDIE WEST FIELD P.O. #...... TBD Ordered By.. SCOTT, HAWK NET 30 QTY EQUIPMENT #Min Day Week 4 Week Amount SALES ITEMS: Qty Item number Unit Price 14 MOBILIZATION EA 1182.000 16548.00 2114XXX000 EQUIP MOVEMENT MOBILIZATION Sub-total:112535.78 Tax:6011.37 Total:118547.15 All amounts are in USD City Council 12 – 18 9/17/2024 SUNBELT RENTALS TERMS AND CONDITIONS 1) DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf. “Environmental Services Charge” is the charge described in Section 17. “Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the E quipment. “Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days. “FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses .“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters. Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Party” means Sunbelt or Customer and together both are the “Parties”. “Pick-Up Number” is the number Customer obtains from Sunbelt evidencing the Customer’s call to pick up Equipment. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by Sunbelt during normal business hours, provided Customer has otherwise complied with this Contract. “RPP” is the rental protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period identified earlier. “Store” is the Sunbelt location identified earlier. “Sunbelt” is Sunbelt and its affiliated companies, their respective officers, directors, employees and agents. “Telematics Data” is data collected within the Equipment or via software relating to the Equipment, its performance, location, or operators. Transportation Surcharge” is a charge intended to defray a wide range of transportation expenses (both direct and indirect), which are not always fully recovered by other transportation charges. 2) TERMS. Customer’s execution of this Contract or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future contracts between Sunbelt and Customer upon Customer’s receipt of Sunbelt’s Equipment under those contracts. Customer rents the Equipment from Sunbelt pursuant to this Contract, which is a true lease. The Equipment (a) is and shall remain the personal property of Sunbelt and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner. 3) PERMITTED USE. Customer agrees and warrants that (a) Sunbelt has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits, (b) prior to each use and its return to Sunbelt, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (e) Customer shall immediately stop use and notify Sunbelt if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs; (f) Customer has received from Sunbelt all information needed or requested regarding the operation of the Equipment; (g) Sunbelt is not responsible for providing operator or other training unless Customer specifically requests in writing and Sunbelt agrees to provide such training (Cust omer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (h) Sunbelt is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised; (k) the Equipment shall be kept in a secure location; and (l) Customer shall provide Sunbelt with accurate and complete information, which Sunbelt relies upon to provide the appropriate Equipment to Customer . 4) PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Sunbelt’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner ; or (e) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). 5) MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable. All other maintenance or repairs may only be performed by Sunbelt or its agents, but Sunbelt has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If Sunbelt determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed. If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, Customer will be responsible for the FMV of the Equipment, including sales tax, as applicable. Sunbelt has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants Sunbelt and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for Sunbelt’s breach of this Section. Notwithstanding Sunbelt’s service commitment, if Customer breaches this Contract, Sunbelt shall have no obligation to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges. 6) CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify Sunbelt, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until Sunbelt or its agents investigate; (c) immediately submit copies of all police or other third party reports to Sunbelt; and (d) as applicable, pay Sunbelt, in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Eq uipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts. Sunbelt shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident. 7) NO WARRANTIES. SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS, PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF SUNBELT’S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH SUNBELT RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. 8) RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT’S REQUEST, DEFENDS SUNBELT ENTITIES (WITH COUNSEL APPROVED BY SUNBELT), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer’s indemnification obligations under this paragraph shall be joint and several. 9) INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage: (a) for Customers using Equipment for non personal use, general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) for Customers using Equipment for non personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV thereof, unless RPP is elected at the time of rental and paid for prior to any Incident; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name Sunbelt and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for Sunbelt to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide Sunbelt with certificates of insurance to insurancecertificates@sunbeltrentals.com evidencing the coverages required above prior to any rental and any time upon Sunbelt’s request. To the extent Sunbelt Entities carry any insurance, Sunbelt Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise. 10) RENTAL PROTECTION PLAN. Customer’s repair or replacement responsibility in Sections 5 and 6 of this Contract is modified by the RPP, if offered on the Equipment, and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss, damage or destruction to the following amounts for each piece of Equipment, per each occurrence: (a) 10% of the FMV for Lost Equipment, up to a maximum of $500 per piece of Equipment; (b) 10% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $500 per piece of Equipment; (c) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Sunbelt or Lost Equipment is being replaced; provided however, the foregoing RPP liability reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. The RPP is NOT INSURANCE and does NOT protect Customer from liability to Sunbelt or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the RPP and the corresponding liability reduction to apply: (i) Customer accepts the RPP in advance of the rental; (ii) Customer pays 15% of the gross rental charges as the fee for the RPP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destructi on of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP does NOT reduce the lia bility of Customer to Sunbelt for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to Sunbelt); (C) due to floods, water level changes, wind, storms, earthquakes or Acts of God; and (D) accessories or Equipment for which Customer is not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RPP. RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER’S ESTIMATED CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING, FAILS TO PAY THE RPP FEE OR MADE OTHER CONTRACTUAL ARRANGEMENTS WITH SUNBELT. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, Sunbelt retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. Sunbelt shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign Sunbelt all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to Sunbelt whatever documents are required and take all other necessary steps to secure in Sunbelt such rights, at Customer’s expense. 11) RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to Sunbelt; and (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4 week rental rates shall not b e prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys, RPP, costs to recover Equipment, emergency mobilization or store opening; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) an Environmental Services Charge (see www.sunbeltrentals.com/environmentalfee) and (ix) Transportation Surcharge (see www.sunbeltrentals.com/surcharge). The convenience charge for off road diesel fuel does not include governmental motor fuel taxes or charges. Sunbelt collects these fees as revenue and uses them at its discretion. 12) PAYMENT. Customer shall pay for the rental of Equipment, sale of Equipment, materials and all other items and services identified in this Contract and all other amounts due, without any offsets, in full, in advance at the time of rental, unless Sunbelt approves Customer’s executed commercial credit application. Commercial customers who are approved for Sunbelt’s extended payment terms must pay, in arrears, upon receipt of Sunbelt’s invoice, either by cash, check or ACH. Customer must notify Sunbelt in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At Sunbelt’s discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the E quipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Customer shall reimburse Sunbelt for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Payment of any late charge does not excuse Customer of any default under this Contract. Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate Sunbelt for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. CUSTOMER AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD. Effective June 1, 2021 and where permitted by law, Sunbelt may impose a surcharge of 2% (minimum $3) for credit card payments on charge accounts. This surcharge is not greater than Sunbelt's merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions. 13) RETURN OF EQUIPMENT. Sunbelt may terminate this Contract at any time, for any reason. The Equipment shall be returned to Sunbelt (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will return the Equipment at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Sunbelt delivered the Equipment to Customer, Customer shall notify Sunbelt that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Pick-Up Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage t o or destruction of the Equipment until Sunbelt confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Pick-Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period. 14) PURCHASES. If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, Sunbelt sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to Sunbelt of the full purchase price of the item, Sunbelt retains title to the item until Customer has paid in full. 15) DEFAULT. Customer shall be in default if Sunbelt deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon Sunbelt’s demand; or (f) is in default under any other contract with Sunbelt. If a Customer default occurs, Sunbelt shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of Sunbelt’s costs, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. Sunbelt shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION. 16) CRIMINAL WARNING. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to appli cable laws. 17) ENVIRONMENTAL SERVICES CHARGE. To promote a clean and sustainable environment, Sunbelt takes various measures to comply with applicable environmental regulations, as well as with Sunbelt’s own policies. Sunbelt also incurs a wide range of environmental related expenses (both direct and indirect). These expenses may include services such as waste disposal, construction and maintenance of cleaning facilities, acquisition of more fuel-efficient equipment, as well as, labor costs, administration costs, etc. To help offset these and other costs, Sunbelt assesses an Environmental Services Charge, plus applicable taxes thereon in connection with certain rentals. The Environmental Services Charge is not a tax or governmentally mandated charge and is not designated for any particular use or placed in an escrow account, but is a charge that Sunbelt collects as revenue and uses at its discretion. 18) FUEL. For Equipment that uses fuel, Customer has three options: (a) Prepay Fuel Option - Customer may purchase a full tank of fuel for the Equipment at the start of the rental, in which case a “convenience charge” will appear on this Contract (calcula ted by multiplying the estimated fuel capacity of Equipment by the Prepay per gallon rate). As an added benefit, Customer may return the Equipment full of fuel and the convenience charge will be refunded (however, if not returned full, Customer will not obtain any credit for fuel left in the Equipment upon return); (b) Pay on Return Option - if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate); and (c) Return Full Option – if Customer returns the Equipment with at least as much fuel as when it was received (most Sunbelt Equipment comes with a full tank of fu el, but not all), no fuel charge will be assessed. The cost of Customer refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however these options each allow for the convenience of not refueling. Customer agrees that none of these options are a retail sale of fuel. 19) LIMITATION OF SUNBELT’S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT SUNBELT’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SUNBELT’S, SUNBELT ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT. 20) JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO THIS CONTRACT, CUSTOMER AND SUNBELT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT. 21) ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR SUNBELT, ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS. 22) COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain Sunbelt’s consent prior to taking such action, including approval of established customs broker, and (b) execute an amendment to this Contract, which amendment is incorporated herein. If Customer exports or re-exports without complying with the above sentence, Customer agrees that (i) the Equipment is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer, as the exporter/importer of record, is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or other authorizations as required prior to exporting or re-exporting the Equipment, (B) obtaining any required documentation necessary for return of the Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to www.bis.doc.gov for information. 23) COLLECTION OF DATA. Customer consents to the collection, use and disclosure of the data and information Customer voluntarily provides to Sunbelt, including personal identifiable information and financial information, as well as the Telematics Data collected from the Equipment, as described in our Privacy Policy found at www.sunbeltrentals.com/privacypolicy. 24) GOVERNING LAW. The Parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of South Carolina, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections. 25) FORCE MAJEURE. Sunbelt shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts beyond Sunbelt’s control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Contract; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of Sunbelt. 26) MISCELLANEOUS. This Contract, together with any Customer executed commercial credit application, if any, constitutes the entire agreement of the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties. Any reference in Customer's purchase order or other Customer document to other terms that shall control this transaction shall be void. This Contract benefits solely the Parties and their respective permitted successors and assigns and nothing in this Contract, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Contract. Customer’s obligations hereunder shall survive the termination of this Contract. If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or invalidate or render unenforceable such term. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons (including Sunbelt’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the Parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by Sunbelt to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract agree, represent and warrant that: (a) the person executing is 18 or the legal age of majority in the state, whichever is greater and they both have full authority to execute, deliver and perform this Contract; and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms. If the Parties have a fully executed, active agreement, intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein. Additional terms and conditions for Shoring can be found at https://www.sunbeltrentals.com/about/shoring-bridging-additional-terms-and-conditions/ Rev Date 06/16/2021 City Council 12 – 19 9/17/2024 800-736-2504 sunbeltrentals.com On-Site Maintenance Trained Technicians On-Time Deliveries Rapid Response Matrax 4x4 HD Composite Mats Protect your work area with a safe, stable surface for heavy vehicles and equipment. Product Specifications Manufacturer Matrax Size Overall Dimensions: 4’ x 4’ x 1.5” Surface Area: 13.5 square feet per mat Weight 50 lbs Compression Strength 450 psiMax wheel load: 300 psi Colors Gray and White Material 100% HDPE Industries Utilized Events, Warehousing, Storage, Aviation Connection System Matrax utilizes a vertical locking system with 4” overlapping flanges or “lips” to interlock individual panels to each other, creating a contiguous surface that is free from trip hazards. Matrax 4x4 HD composite mats also integrate seamlessly with LD composite mats, offering extreme versatility. The Matrax 4x4 HD Composite Mat is perfectly suited for stadium use and other large scale venues requiring vehicular access. The matting system is capable of supporting heavy loads such as tractor trailers, rigging, and equipment staging platforms, and can also be used for additional applications such as temporary event parking, tent flooring and industrial warehouse flooring.Molded, textured slip-resistant surface Quarter-turn fastener (4 per mat) Lower lips City Council 12 – 20 9/17/2024 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 September 17, 2024 TOPIC: Janitorial Services at Various City Locations AGENDA TITLE Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24-076) (General Fund and Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, two-year extension (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency’s Parks, Fleet, and Facilities Services Division is responsible for the oversight of building maintenance, custodial maintenance, and security of City facilities. Routine janitorial services for the locations listed below are primarily provided by janitorial contractors: •City Hall •Council Chamber •Santa Ana Regional Transportation Center (SARTC) •Corporate Yard •Santa Ana Stadium •Santa Ana Main Library •Newhope Library •Police Athletic and Activity League (PAAL) – McFadden Avenue •Santa Ana Stadium •Centennial Park Office •15 Recreational Centers (e.g. Salgado Community Center) Services provided through the janitorial service contract include, but are not limited to: general cleaning, dusting of surfaces, emptying of trash, cleaning of toilets, urinals, showers, glass doors, mirrors, drinking fountains, fitness equipment, door mats, vacuuming/mopping of floors, etc. City Council 13 – 1 9/17/2024 Janitorial Services at Various City Locations September 17, 2024 Page 2 4 5 2 7 The Request for Proposals (RFP) No. 24-076 was issued on June 4, 2024 on the City’s online bid management publication system, PlanetBids. A summary of vendor participation is as follows: 219 Vendors notified 31 Santa Ana vendors notified 61 Vendors downloaded the bid packet 14 Bids received 1 Bid received from Santa Ana vendors Proposals were solicited, opened on July 2, 2024, and evaluated. Fourteen (14) proposals were submitted by the RFP deadline and 11 were determined to be responsible, responsive to the specifications, and met the City’s requirements. The proposals submitted Coastal Building Services, Inc., So Cal Cleaner, and UBM Enterprises, Inc. were deemed non-responsive due to submitting a proposal without required documents specified in the RFP. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The results of the evaluation are as follows: Firm Location Rank Valley Maintenance Corporation Santa Fe Springs, CA 1 ABM Industries, Inc.Tustin, CA 2 Universal Building Maintenance, LLC Santa Ana, CA 3 Jonco West Corona, CA 4 Guaranteed Janitorial Service, Inc.Chino, CA 5 CCS Facility San Diego, CA 6 Pride Industries One Roseville, CA 7 Uniserve Facilities Services Commerce, CA 8 JJ Property Maintenance Network, Inc.Pasadena, CA 9 Premier Property Preservation West Hill, CA 10 Mission Building Services Riverside, CA 11 Staff recommends awarding an agreement to the highest ranked firm, Valley Maintenance Corporation (Exhibit 1), that has the expert skills, knowledge, and experience to accomplish the City’s objective to provide clean facilities for both the public and City staff. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available in FY 2024-25 for this expenditure. Funds will be budgeted in future fiscal years for City Council consideration. City Council 13 – 2 9/17/2024 Janitorial Services at Various City Locations September 17, 2024 Page 3 4 5 2 7 Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $388,432 06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $216,920 2024-25 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $17,644 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $624,136 06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $331,892 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $52,232 2025-26 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $205,401 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $709,139 06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $342,734 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $89,034 2026-27 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $211,623 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $238,696 2027-28 (July- October)06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $115,509 City Council 13 – 3 9/17/2024 Janitorial Services at Various City Locations September 17, 2024 Page 4 4 5 2 7 Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $29,968 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $71,240 Optional One 2-Year Extension: 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $491,753 06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $237,952 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $61,732 2027-28 (November- June) 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $146,696 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $752,378 06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $364,065 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $94,446 2028-29 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $225,834 07317101- 62310 Building Maintenance Custodial, Janitorial & Housekeeping $253,251 2029-30 (July- October)06717650- 62310 Santa Ana Regional Transportation Center PWA – SARTC Operations, Janitorial & Housekeeping $122,544 City Council 13 – 4 9/17/2024 Janitorial Services at Various City Locations September 17, 2024 Page 5 4 5 2 7 Fiscal Year Accounting Unit-Account # Fund Description Accounting Unit, Account Description Amount 01111110- 62300 General Fund Library – Administration, Contract Services - Professional $31,790 01117651- 62310 General Fund Park Maintenance Service Enhancement, Janitorial & Housekeeping $76,243 TOTAL $6,503,284 EXHIBIT(S) 1. Agreement with Valley Maintenance Corporation Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 13 – 5 9/17/2024 Exhibit 1 City Council 13 – 6 9/17/2024 City Council 13 – 7 9/17/2024 City Council 13 – 8 9/17/2024 City Council 13 – 9 9/17/2024 City Council 13 – 10 9/17/2024 City Council 13 – 11 9/17/2024 City Council 13 – 12 9/17/2024 City Council 13 – 13 9/17/2024 Nabil Saba Digitally signed by Nabil Saba Date: 2024.08.26 11:29:11 -07'00' City Council 13 – 14 9/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Labor Compliance and Community Workforce Agreement Professional Administration Services AGENDA TITLE Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non-General Fund) (RFP #24-084) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a three-year term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, two-year extension, in an amount not to exceed $2,000,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA)’s Engineering Services Division is responsible for the administration and oversight of all Capital Improvement Projects in the city. On June 19, 2024, PWA released Request for Proposal (RFP) No. 24-084 to select one firm to provide professional services in overseeing and monitoring labor compliance requirements for the City of Santa Ana PWA Engineering Division (Exhibit 1). These services are required to ensure that any and all Contractors adhere to the State of California Department of Industrial Relations (DIR) Labor Compliance, Prevailing Wage requirements and compliance with the City’s Community Workforce Agreement (CWA). All workers performing any labor on construction projects must be in accordance with the California State Labor Code. On June 6, 2023, the City Council approved the Community Workforce Agreement (CWA) with the Los Angeles / Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions. Generally, the CWA requires that a contractor on covered projects utilize a specified number of “skilled and trained workforce.” This requirement is satisfied by hiring workers through a union hiring hall. City Council 14 – 1 9/17/2024 Labor Compliance and Community Workforce Agreement Professional Administration Services September 17, 2024 Page 2 4 5 3 9 For these workers, the CWA requires the payment of prevailing wages, as well as certain pay and benefits, in addition to other conditions of employment. Furthermore, the CWA applies to specific projects based on the contract amount. It applies to any “public works” contract over $750,000 and any “specialty public works” contract over $100,000. This definition typically applies to projects where the City is hiring a contractor to perform work on behalf of the City, such as the construction of public improvements. Additionally the CWA applies to affordable housing projects that receive City funds (e.g. Inclusionary Housing Funds). To comply with these requirements, PWA is recommending the services of a professional firm specializing in labor compliance. The recommended consultant will assist in monitoring and ensuring contractor adherence to not only the CWA, but also to federal labor requirements, such as those under the Davis-Bacon Act and U.S. Department of Housing and Urban Development (HUD) Section 3 and Build America Buy America regulations, which mandate fair wages and opportunities for low-income workers and businesses and procurement of American made products. The Community Development Agency (CDA) will also use these services to monitor and ensure developer compliance to the CWA for affordable housing projects that receive Inclusionary Housing Funds. CDA will also use the agreement to monitor compliance with the skilled and trained workforce component under the Affordable Housing Opportunity and Creation Ordinance and may also use it for monitoring federal labor requirements for other affordable housing projects. Standard billing rates, as of 2024, are dependent on The Solis Group staff position assigned to each task and ranges from $103 to $220 per hour. The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on July 3, 2024. Six responsive proposals were received and evaluated by a selection committee comprised of PWA staff and, based on criteria outlined in the RFP, the top consultant was selected. The following table summarizes the top three responding firms and their rankings: Rank Firm 1 The Solis Group 2 Cumming Construction Management, Inc. 3 Willdan Engineering Based upon the scope of work and selection criteria outlined in RFP 24-084, staff recommends awarding the agreement with The Solis Group. The selected proposal demonstrated that the firm has the necessary capacity and expertise to complete the required services. The consultant’s rates are reasonable and within industry standard and the teams’ qualifications are appropriate. City Council 14 – 2 9/17/2024 Labor Compliance and Community Workforce Agreement Professional Administration Services September 17, 2024 Page 3 4 5 3 9 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Yearly expenditures to The Solis Group vary, as charges are funded by fees submitted by contractors for CWA compliance. For Public Works Agency, revenue is recognized in the 10117002-51708 CIP Construction Projects Permits revenue account, and is anticipated to fully offset expenditures. Funds are budgeted and available in the Public Works – Development Engineering account for Fiscal Year 2024-25. A proposed carry- over of unspent funds from Fiscal Year 2023-24 will be presented to the City Council in October for approval of carry-overs to FY 2024-25. Funds will be budgeted in future fiscal years for City Council consideration. Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount 2024-25 10117605- 62340 Pub Wks – Admin & Planning Pub-Wks-Development Engineering, Contract Services-PWA-CIP Construction Permits $300,000 2024-25 41718820- 62300 (Proj.16-7751) CDA Inclusionary Housing Fee Inclusionary Housing Fee, Contract Services- Professional $25,000 2024-25 13018780- 62300 (Proj. 23-7300) Home Program Federal Grant Federal Grant Home Program, Contract Services-Professional $25,000 2024-25 14018760- 62300 Housing Authority- Voucher ADM Housing Authority- Vouchers ADM, Contract Services-Professional $25,000 2025-26 10117605- 62340 Pub Wks – Admin & Planning Pub-Wks-Development Engineering, Contract Services-PWA-CIP Construction Permits $325,000 2025-26 41718820- 62300 (Proj.16-7751) CDA Inclusionary Housing Fee Inclusionary Housing Fee, Contract Services- Professional $25,000 2025-26 13018780- 62300 (Proj. 23-7300) Home Program Federal Grant Federal Grant Home Program, Contract Services-Professional $25,000 City Council 14 – 3 9/17/2024 Labor Compliance and Community Workforce Agreement Professional Administration Services September 17, 2024 Page 4 4 5 3 9 Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount 2025-26 14018760- 62300 Housing Authority- Voucher ADM Housing Authority- Vouchers ADM, Contract Services-Professional $25,000 2026-27 10117605- 62340 Pub Wks – Admin & Planning Pub-Wks-Development Engineering, Contract Services-PWA-CIP Construction Permits $325,000 2026-27 41718820- 62300 (Proj.16-7751) CDA Inclusionary Housing Fee Inclusionary Housing Fee, Contract Services- Professional $25,000 2026-27 13018780- 62300 (Proj. 23-7300) Home Program Federal Grant Federal Grant Home Program, Contract Services-Professional $25,000 2026-27 14018760- 62300 Housing Authority- Voucher ADM Housing Authority- Vouchers ADM, Contract Services-Professional $25,000 Optional 2-year Extension 2027-28 10117605- 62340 Pub Wks – Admin & Planning Pub-Wks-Development Engineering, Contract Services-PWA-CIP Construction Permits $325,000 2027-28 41718820- 62300 (Proj.16-7751) CDA Inclusionary Housing Fee Inclusionary Housing Fee, Contract Services- Professional $25,000 2027-28 13018780- 62300 (Proj. 23-7300) Home Program Federal Grant Federal Grant Home Program, Contract Services-Professional $25,000 2027-28 14018760- 62300 Housing Authority- Voucher ADM Housing Authority- Vouchers ADM, Contract Services-Professional $25,000 2028-29 10117605- 62340 Pub Wks – Admin & Planning Pub-Wks-Development Engineering, Contract Services-PWA-CIP Construction Permits $350,000 City Council 14 – 4 9/17/2024 Labor Compliance and Community Workforce Agreement Professional Administration Services September 17, 2024 Page 5 4 5 3 9 Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Description Amount 2028-29 41718820- 62300 (Proj.16-7751) CDA Inclusionary Housing Fee Inclusionary Housing Fee, Contract Services- Professional $25,000 2028-29 13018780- 62300 (Proj. 23-7300) Home Program Federal Grant Federal Grant Home Program, Contract Services-Professional $25,000 2028-29 14018760- 62300 Housing Authority- Voucher ADM Housing Authority- Vouchers ADM, Contract Services-Professional $25,000 Total $2,000,000 EXHIBIT(S) 1. RFP #24-084: Labor Compliance & Community Workforce Agreement Professional Administrative Services 2. Agreement with The Solis Group Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Michael Garcia, Executive Director – Community Development Agency Approved By: Alvaro Nuñez, City Manager City Council 14 – 5 9/17/2024 REQUEST FOR PROPOSALS NO. 24-084 FOR LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES Approved for Release: CITY OF SANT A ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza Santa Ana, CA 92701 Sean Thomas ..S:: I· Project Manager (714)647-5655 Sthomas5@santa-ana.org Nabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Request for Information: Submittal Due Date: Project Award Date: Wednesday, June 19, 2024 Tuesday, June 25, 2024, 2:00 P.M. Wednesday, July 3, 2024 Tuesday, August 20, 2024 EXHIBIT 1 City Council 14 – 6 9/17/2024 CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND .............................................................................................................................. 3 II. OVERVIEW OF PROJECT ............................................................................................................ 3 III. PRE-PROPOSAL MEETING .......................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................... 3 V. MINIMUM QUALIFICATIONS ........................................................................................................ 4 VI. RESPONSE TO RFP ..................................................................................................................... 4 VII. CERTIFICATIONS (ATTACHMENTS) ........................................................................................... 9 VIII. REFERENCES ............................................................................................................................... 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ........................................................................... 9 X. SELECTION PROCEDURES & CRITERIA .................................................................................. 10 XI. WITHDRAWALS ........................................................................................................................... 11 XII. GENERAL TERMS AND CONDITIONS ....................................................................................... 11 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ......................... 15 XIV. AWARD OF AGREEMENT .......................................................................................................... 19 XV. IMPLEMENTATION ...................................................................................................................... 19 EXHIBITS Exhibits provided herein for Proposers’ reference only. EXHIBIT I – SCOPE OF SERVICES EXHIBIT II – SAMPLE AGREEMENT EXHIBIT III – COMMUNITY WORKFORCE AGREEMENT (CWA) ATTACHMENTS A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING B PROPOSER’S STATEMENT C NON-COLLUSION AFFIDAVIT D NON-LOBBYING CERTIFICATION E NON-DISCRIMINATION CERTIFICATION F SUBCONTRACTOR DESIGNATION FORM G CARB FLEET COMPLIANCE CERTIFICATION H STATEMENT REGARDING CWA REQUIRMENTS City Council 14 – 7 9/17/2024 CITY OF SANTA ANA I. BACKGROUND The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/ II. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Labor Compliance & Community Workforce Agreement Professional Administrative Services. See EXHIBIT I for complete Scope of Services. The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply. CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Proposal non-responsive. III. PRE-PROPOSAL MEETING A pre-proposal meeting will not be held for this RFP. IV. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years. Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. City Council 14 – 8 9/17/2024 CITY OF SANTA ANA V. MINIMUM QUALIFICATIONS Proposers not meeting the minimum requirements may be deemed non-responsive. 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP. 2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP. VI. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following: Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of “SEALED PROPOSAL FOR LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT (CWA) PROFESSIONAL ADMINISTRATIVE SERVICES RFP NO. 24-084 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL.” City of Santa Ana Attn.: Sean Thomas Public Works Agency; M-22 20 Civic Center Plaza; Ross Annex City Council 14 – 9 9/17/2024 CITY OF SANTA ANA assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab. D. EXCEPTIONS Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. City Council 14 – 10 9/17/2024 CITY OF SANTA ANA F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. 1. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Sean Thomas, Principal Civil Engineer City of Santa Ana – Construction Services 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in Exhibit I – Scope of Services. c. Agreement Statement Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any). City Council 14 – 11 9/17/2024 CITY OF SANTA ANA d. Firm and Team Experience Proposal shall include a profile of the firm’s experience including the following: i. A general description of the firm, including size and number of employees working directly with the City on this agreement. ii. Firm’s nearest address serving the City of Santa Ana and headquarters address. iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers’: i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years. g. CARB Fleet Compliance The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive. 2. Cost Proposal All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages. City Council 14 – 12 9/17/2024 CITY OF SANTA ANA The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work. The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) H. PROTEST PROCEDURES Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must: 1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system; 2. Clearly identify the specific irregularity or accusation; 3. Clearly identify the specific City staff determination or recommendation being protested; 4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and 5. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered. City Council 14 – 13 9/17/2024 CITY OF SANTA ANA VII. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: Attachment A: Proposer’s Certification and Proposal Item Pricing Attachment B: Proposer’s Statement Attachment C: Non-Collusion Affidavit Attachment D: Non-Lobbying Certification Attachment E: Non-Discrimination Certification Attachment F: Subcontractor Designation Form Attachment G: CARB Fleet Compliance Certification Attachment H: Statement Regarding CWA Requirements The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer. City will not waive notarization requirement when applicable on any of the required attachments. VIII. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if: References fail to substantiate Proposer’s description of services and deliverables provided; or References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours. IX. MINIMUM SCOPE AND LIMIT OF INSURANCE See Exhibit II – Sample Agreement City Council 14 – 14 9/17/2024 CITY OF SANTA ANA X. SELECTION PROCEDURES & CRITERIA A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria: C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. CATEGORY POINTS Responsiveness to RFP Proposal’s compliance with the requirements of this RFP. Scope of Services offered including ability to provide optional services. The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. 20 Understanding of Need Include milestones of completion of key tasks, to be completed by specific team members. 35 Relevant Project Experience/Schedule of Delivery Relevant project experience within the last 5 years, including experience with public agencies. The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff. 40 References References that are similar in size and project scope to the City. 5 TOTAL POSSIBLE SCORE 100 City Council 14 – 15 9/17/2024 CITY OF SANTA ANA XI. WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. XII. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. City Council 14 – 16 9/17/2024 CITY OF SANTA ANA E. CONTRACTOR’S EXPENSE Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. City Council 14 – 17 9/17/2024 CITY OF SANTA ANA I. DRUG-FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. J. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. M. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right City Council 14 – 18 9/17/2024 CITY OF SANTA ANA to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. P. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. Q. NON-PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. R. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. S. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. T. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. City Council 14 – 19 9/17/2024 CITY OF SANTA ANA Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. U. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. V. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. W. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. X. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. Y. SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing City Council 14 – 20 9/17/2024 CITY OF SANTA ANA Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. Prevailing Wage Compliance and Monitoring Contractor is aware of the requirements of the 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 requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. B. DIR REGISTRATION This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations. C. CAL-OSHA VEHICLE REGULATION All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California. D. CARB FLEET COMPLIANCE CERTIFICATION Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). City Council 14 – 21 9/17/2024 CITY OF SANTA ANA Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. E. QUALITY ASSURANCE Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. F. COMMUNITY WORFORCE AGREEMENT For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be found in EXHIBIT III. G. CONSTRUCTION WASTE MANAGEMENT Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations. H. CHEMICALS Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable. I. SAFETY PROGRAM REQUIREMENTS Work Site Safety shall be as defined by the Standard Specifications and these special provisions: Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: City Council 14 – 22 9/17/2024 CITY OF SANTA ANA a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. J. OTHER SAFETY REQUIREMENTS Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City. Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations. Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence. Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees. K. SPILL LIABILITY The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site. L. RECORDKEEPING AND REPORTS City Council 14 – 23 9/17/2024 CITY OF SANTA ANA Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested. All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract. XIV. AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. XV. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. City Council 14 – 24 9/17/2024 CITY OF SANTA ANA B. NOTICE TO PROCEED Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order. City Council 14 – 25 9/17/2024 CITY OF SANTA ANA INTRODUCTION/BACKGROUND The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions. The CWA became fully integrated into project specifications in September of 2017 and has since adopted a new agreement in June of 2023 (EXHIBIT III) The City seeks proposals from capable and experienced firms to provide professional services in overseeing and monitoring labor compliance requirements, as well as administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City. The objective for Public Works Projects is to ensure that any and all Contractors adhere to the State of California Departement of Industrial Relations (DIR) Labor Compliance and Prevailing Wage requirements. All workers performing any labor must be in accordance with the California State Labor Code. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City’s construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City’s Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City’s facilities which have been designated by the City for construction or rehabilitation. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi trade construction contracts exceeding seven-hundred and fiftythousand dollars ($750,000), and all specialty contracts exceeding one-hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA. DESCRIPTION OF WORK Provide all services, and support, required to actively monitor and enforce all Labor Compliance requirements and reporting. Provide all services, and support, required to actively administer and enforce the obligation of the CWA, ensuring that the benefits from it flow to all Parties. FIRM/CONTRACTOR RESPONSIBILITIES The selected firm shall provide profressional administrative services that invlude, but are not limited to the following: 1. Act as the City’s authorized respresentative and the liason between the City, Contractors, and Local Unions, coordinating all CWA activities. 2. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal. 3. Conduct Pre-Job Meeting between Contractor, Sub-Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA. 4. Assist and guide Contractors during all phases of construction. 5. Assist and advise City staff in the preparation CWA sections of project Specifications and Bid Package. 6. Assist in review, and responses, to CWA related Requests for Information during bidding. 7. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database. 8. Assist in interpretation, clarification, and application of the CWA. 9. Recommend enhancements of the CWA. 10. Investigate, supervise, and resolve CWA grievances. EXHIBIT I SCOPE OF SERVICES City Council 14 – 26 9/17/2024 11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA. 12. Organize monthly meetings with City staff, providing CWA update on City projects. 13. Prepare various monthly, quarterly, and annual reports detailing CWA / labor compliance activity. 14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non-Local). 15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana. 16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed. 17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties. 18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations. 19. CWA orientation for Contractors, as needed. 20. Act as the City’s authorized representative and the liason between the City, Contractors, and other agencies, coordinating all Labor Compliance activities. 21. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow. 22. Assist and advise City staff in the preparation of Labor Compliance section of project Specifications and Bid Package. 23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all Labor Compliance. 24. Ensure Apprenticeship requirements are met per project Specifications. 25. Perform regular site interviews of Contractor’s employees for wage rate verification in accordance with the Caltrans LAPM. 26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final Labor Compliance reports. 27. Train City staff, and those identified by the City, on implementation of Labor Compliance by developing educationa material and presentations. CITY RESPONSIBILITIES The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement and Labor Compliance. PREVAILING WAGES The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. https://www.dir.ca.gov/public-works/publicworks.html Firm shall provide certified payroll to the Ciy upon invoicing. The City will not process invoices until certified payroll has been provided. FEE PROPOSAL In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Proposer’s Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP. The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer. This fee proposal should be included in the aforementioned envelope. City Council 14 – 27 9/17/2024 CITY OF SANTA ANA CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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; EXHIBIT II SAMPLE AGREEMENT City Council 14 – 28 9/17/2024 however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 6. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. 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. 2. 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. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 3. 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). City Council 14 – 29 9/17/2024 Primary Coverage For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. 7. 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 Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this City Council 14 – 30 9/17/2024 Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. 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. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period 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. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. 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. 12. 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 City Council 14 – 31 9/17/2024 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the 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 Contractor. 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, 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. 15. 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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. 18. 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. City Council 14 – 32 9/17/2024 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To Contractor: 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: City Council 14 – 33 9/17/2024 ATTEST: CITY OF SANTA ANA Jennifer L. Hall City Clerk Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Assistant City Attorney Tax ID# RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency (name) (title) City Council 14 – 34 9/17/2024 CITY OF SANTA ANA For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforce- agreement/. EXHIBIT III COMMUNITY WORKFORCE AGREEMENT (CWA) City Council 14 – 35 9/17/2024 CITY OF SANTA ANA Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. __________________________________________________________________________________ LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS __________________________________________________________________________________ BUSINESS ADDRESS __________________________________________________________________________________ PRINTED NAME OF AUTHORIZED AGENT TITLE __________________________________________________________________________________ SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS __________________________________________________________________________________ FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) __________________________________________________________________________________ CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT A PROPOSER’S CERTIFICATION, PROPOSAL PRICING City Council 14 – 36 9/17/2024 Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT B PROPOSER’S STATEMENT City Council 14 – 37 9/17/2024 (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ________________________ Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT C NON-COLLUSION AFFIDAVIT City Council 14 – 38 9/17/2024 The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT D NON-LOBBYING CERTIFICATION City Council 14 – 39 9/17/2024 The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, ATTACHMENT E NON-DISCRIMINATION CERTIFICATION City Council 14 – 40 9/17/2024 including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 14 – 41 9/17/2024 Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law. If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates. In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document. Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any sub contractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount Contractor’s License Number DIR Registration No. Subcontractor Name: Location: Portion of Work/Trade: Bid Amount: Contractor’s License No: DIR Registration No: Contractor will not be subcontracting any portion of work. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT F SUBCONTRACTOR DESIGNATION FORM City Council 14 – 42 9/17/2024 Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. _________________________________________________________________ Bidder’s Company Name (please print or type) __________________________________________________________________ Signature of Bidder __________________________________________________________________ Print Name __________________________________________________________________ Title ___________________________________ DOORS ID THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT G CARB FLEET COMPLIANCE CERTIFICATION City Council 14 – 43 9/17/2024 This is to certify that the undersigned Proposer and subconsultants have read and undertand the CWA entered into by and between the City of Santa Ana, Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The Undersigned Proposer hereby agrees to comply with all terms and conditions of the CWA, and are capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, Proposer will also be required to sign a Letter of Assent that appears as Attachment A to the CWA documents. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ATTACHMENT H STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS City Council 14 – 44 9/17/2024 1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TSG ENTERPRISES, INC. DBA THE SOLIS GROUP TO ADMINISTER AND ENFORCE THE CITY’S COMMUNITY WORKFORCE AGREEMENT THIS AGREEMENT is made and entered into on this 17th day of September, 2024 by and between the TSG Enterprises, Inc. DBA The Solis Group (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.On June 19, 2024, the City issued Request for Proposal No. 24-084, by which it sought a qualified consultant to provide professional services in administering and enforcing the City’s Community Workforce Agreement (CWA). B.Consultant submitted a responsive proposal dated July 3, 2024 that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-084. 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 Contractor shall perform the services described in the scope of work that was included in RFP No. 24-084 and that is attached as Exhibit A, and as further delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full. 2.COMPENSATION Not to exceed amount shall be determined by the level of construction activity via public works permits, from which the City will generate revenue to cover the cost of these services. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. a.City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $2,000,000 during the term of this Agreement, including any extension periods exercised under Section 3. EXHIBIT 2 City Council 14 – 45 9/17/2024 2 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two (2) year renewal, 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. City Council 14 – 46 9/17/2024 3 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 require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty City Council 14 – 47 9/17/2024 4 (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. v. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief arises by reason of 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. 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. City Council 14 – 48 9/17/2024 5 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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. City Council 14 – 49 9/17/2024 6 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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. City Council 14 – 50 9/17/2024 7 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This clause shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City Council 14 – 51 9/17/2024 City Council 14 – 52 9/17/2024 Nabil Saba Digitally signed by Nabil Saba Date: 2024.08.26 13:14:49 -07'00' City Council 14 – 53 9/17/2024 EXHIBIT A City Council 14 – 54 9/17/2024 REQUEST FOR PROPOSALS NO. 24-084 FOR LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES Approved for Release: CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza Santa Ana, CA 92701 Sean Thomas ): f · Project Manager (714) 647-5655 Sthomas5@santa-ana.org ~~~ba_ Nabil Saba , P.E. Executive Director Public Works Agency KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date: Deadline for Request for Information : Subm itta l Due Date : Project Award Date: Wednesday, June 19, 2024 Tuesday, June 25, 2024, 2:00P.M. Wednesday, July 3, 2024 Tuesday,August20 , 2024 City Council 14 – 55 9/17/2024 CITY OF SANTA ANA INTRODUCTION/BACKGROUND The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions. The CWA became fully integrated into project specifications in September of 2017 and has since adopted a new agreement in June of 2023 (EXHIBIT III) The City seeks proposals from capable and experienced firms to provide professional services in overseeing and monitoring labor compliance requirements, as well as administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City. The objective for Public Works Projects is to ensure that any and all Contractors adhere to the State of California Departement of Industrial Relations (DIR) Labor Compliance and Prevailing Wage requirements. All workers performing any labor must be in accordance with the California State Labor Code. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City’s construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City’s Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City’s facilities which have been designated by the City for construction or rehabilitation. Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi trade construction contracts exceeding seven-hundred and fiftythousand dollars ($750,000), and all specialty contracts exceeding one-hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA. DESCRIPTION OF WORK Provide all services, and support, required to actively monitor and enforce all Labor Compliance requirements and reporting. Provide all services, and support, required to actively administer and enforce the obligation of the CWA, ensuring that the benefits from it flow to all Parties. FIRM/CONTRACTOR RESPONSIBILITIES The selected firm shall provide profressional administrative services that invlude, but are not limited to the following: 1. Act as the City’s authorized respresentative and the liason between the City, Contractors, and Local Unions, coordinating all CWA activities. 2. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal. 3. Conduct Pre-Job Meeting between Contractor, Sub-Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA. 4. Assist and guide Contractors during all phases of construction. 5. Assist and advise City staff in the preparation CWA sections of project Specifications and Bid Package. 6. Assist in review, and responses, to CWA related Requests for Information during bidding. 7. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database. 8. Assist in interpretation, clarification, and application of the CWA. 9. Recommend enhancements of the CWA. 10. Investigate, supervise, and resolve CWA grievances. EXHIBIT I SCOPE OF SERVICES City Council 14 – 56 9/17/2024 11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA. 12. Organize monthly meetings with City staff, providing CWA update on City projects. 13. Prepare various monthly, quarterly, and annual reports detailing CWA / labor compliance activity. 14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non-Local). 15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana. 16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed. 17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties. 18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations. 19. CWA orientation for Contractors, as needed. 20. Act as the City’s authorized representative and the liason between the City, Contractors, and other agencies, coordinating all Labor Compliance activities. 21. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow. 22. Assist and advise City staff in the preparation of Labor Compliance section of project Specifications and Bid Package. 23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all Labor Compliance. 24. Ensure Apprenticeship requirements are met per project Specifications. 25. Perform regular site interviews of Contractor’s employees for wage rate verification in accordance with the Caltrans LAPM. 26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final Labor Compliance reports. 27. Train City staff, and those identified by the City, on implementation of Labor Compliance by developing educationa material and presentations. CITY RESPONSIBILITIES The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement and Labor Compliance. PREVAILING WAGES The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. https://www.dir.ca.gov/public-works/publicworks.html Firm shall provide certified payroll to the Ciy upon invoicing. The City will not process invoices until certified payroll has been provided. FEE PROPOSAL In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: Proposer’s Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP. The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer. This fee proposal should be included in the aforementioned envelope. City Council 14 – 57 9/17/2024 11 EXHIBIT B City Council 14 – 58 9/17/2024 City of Santa Ana RFP No. 24-084 July 3, 2024 LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT PROFESSIONAL ADMINISTRATIVE SERVICES City Council 14 – 59 9/17/2024 City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement The City 3. City Council 14 – 60 9/17/2024 City of Santa Ana - RFP No. 24-084 Labor Compliance & Community Workforce Agreement City Council 14 – 61 9/17/2024 12 EXHIBIT C City Council 14 – 62 9/17/2024 City Council 14 – 63 9/17/2024 City Council 14 – 64 9/17/2024 City Council 14 – 65 9/17/2024 City Council 14 – 66 9/17/2024 City Council 14 – 67 9/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Santiago Park Main Street Entrance Project AGENDA TITLE Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 20-2731) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State Grant-Direct revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes.) 2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project. 5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 20-2731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-130 was filed for Project No. 20-2731. City Council 15 – 1 9/17/2024 Santiago Park Main Street Entrance Project September 17, 2024 Page 2 4 5 3 2 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. Santiago Park is a 35-acre linear park located at the northern edge of the City along Santiago Creek. PWA submitted a successful grant application and received a total of $2.8 million from the State of California Coastal Conservancy to revitalize the Santiago Park Main Street Entrance and west end of the park (Exhibit 1). The scope of work includes removal of asphalt concrete pavement, grading, construction of an upgraded bike trail, decomposed granite pedestrian walkways, area lighting, picnic areas, landscaping and irrigation system, site furniture, and signage. Once completed, these improvements will improve the existing Main Street entrance to Santiago Park, provide an upgraded passive area within the park, and support compliance with Americans with Disabilities Act (ADA) standards. A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 78 regional vendors via PlanetBids, many of which are Santa Ana based. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 19 and June 26, 2024. The project was also advertised in PlanetBids from June 17 through July 10, 2024. Bids were received electronically via PlanetBids on July 10, 2024. Bid Results Summary Rank Bidder’s Name Location Base Bid 1 Armstrong Cal Builders Inc.Stanton, CA $2,763,816 2 PUB Construction, Inc.Diamond Bar, CA $3,088,357 3 MBC Enterprises Inc.Huntington Beach, CA $3,465,519 A total of three bids were received and all were deemed responsive. Armstrong Cal Builders Inc. submitted the lowest responsive base bid in the amount of $2,763,816 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Armstrong Cal Builders Inc. for the base bid of $2,763,816 (Exhibit 3), excluding the alternate bid. City Council 15 – 2 9/17/2024 Santiago Park Main Street Entrance Project September 17, 2024 Page 3 4 5 3 2 Armstrong Cal Builders Inc. has not performed work as a prime contractor in the City of Santa Ana within the last five years. However, a reference check was made with other public agencies and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. In addition to the Construction Contract Bid Amount, Staff requests that the City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow Staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,207,000. Project Item Total Construction Contract Bid Amount $2,763,816 Construction Administration $88,405 Inspection $56,713 Testing $21,684 Project Contingencies $276,382 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $3,207,000 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Section 15301(a) of the CEQA Guidelines for projects consisting of minor alteration to an existing public facility. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2023-130 was filed for the Santiago Main Street Entrance project 20-2731 on December 20, 2023. City Council 15 – 3 9/17/2024 Santiago Park Main Street Entrance Project September 17, 2024 Page 4 4 5 3 2 FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $3,207,000. All funds are available for expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 6). Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to the City Council for authorization and appropriation of additional contingency if necessary. With the approval of the requested appropriation adjustments, $2,807,000 in grant funds will be recognized in the Parks Capital Grants, State Grant-Direct revenue account (No. 16117002-52025) and appropriated for spending in the Parks Capital Grants, Improvements Other Than Building expenditure account (No. 16117263-66220), and $400,000 of the accumulated fund balance will be appropriated for spending in the Residential Development District 2, Improvements Other Than Building expenditure account (No. 31213260-66220). The spendable portion of the fund balance is estimated to be $6,142,246 as of June 30, 2024, of which $4,739,260 is committed to existing and earmarked projects, leaving a balance of $1,402,986, which is sufficient to allow for the recommended appropriation of $400,000. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Appropriation Adjustments 24-25 16117263-66220 (20-2731) Parks Capital Grants SA River Conservancy Program-PWA, Improvements Other Than Buildings $2,807,000 24-25 31213260-66220 (20-2731) Residential Development District 2 Acquisition & Development, Improvements Other Than Building $400,000 Total $3,207,000 EXHIBIT(S) 1. Location Map & Concept Plan 2. Bid Proposal 3. Construction Contract 4. Cost Analysis City Council 15 – 4 9/17/2024 Santiago Park Main Street Entrance Project September 17, 2024 Page 5 4 5 3 2 5. Environmental Determination 6. FY 2023-24 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 15 – 5 9/17/2024 EXHIBIT 1 SANTA ANA Project No. 20-2731: Santiago Park Main Street Entrance Development Location Map PWA PUBLIC WORKS AGENCY City Council 15 – 6 9/17/2024 Concept Design for Santiago Main Street Improvements. City Council 15 – 7 9/17/2024 City Council 15 – 8 9/17/2024 City Council 15 – 9 9/17/2024 City Council 15 – 10 9/17/2024 City Council 15 – 11 9/17/2024 City Council 15 – 12 9/17/2024 City Council 15 – 13 9/17/2024 City Council 15 – 14 9/17/2024 City Council 15 – 15 9/17/2024 City Council 15 – 16 9/17/2024 City Council 15 – 17 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PIt0.lEC l'NO. 20-(1965. n'fP 506-l(196) S]'nNDAItl) nVL IIIKEWAY FITOM Wn RNI:lt AVI. -J() ,NI) q'f PttO.llrcl N0. 20-6962, A'lI'506-l(l9t'l) MCI;ADDIjN AVIr lllKtiWAY IittOM IIAITUOR III-VD l() GI{AND AVlr PI{OJLC'I N0. 23-6707 S'|ANDAI{D AVII PAVEMENI I{LILABILIIAIION I)I(OM WAltNEl( AVI fO 2NI) sl PIIOJLCT NO. 23-6705 MCITADDEN AVh PAVEMLNT RIlllAlllLI lAllON IrROM IIAIUIOR BLVD 1-O FAIRVIEW 51' Plto.IECT NO. 19-692-l - MCf AIIDEN AVE PAVEMENI'IiIrI.IABILITATION I:ROM FAIRVIEW S'f l'() RA[I] Sl' PRO.TECI'NO. 23-6706 -. MCFADDEN A\[ PAVEMENT REI.IARILITATION FROM RAITT ST T'O GITAND AVL, Specifications, shall be $6,000 per calendar day. For each Phase not completed withing the allocated working days liquidated darrages will be applied per Phase. Name of Finn Signature of BIDDER Title President (lf an individual, so state. If a firm or co-paftrlership, state the firm name and give the names of all individual co-paftners composing the finn. If a corporation, state legal name of corporation, and names of Presiderit, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samaaich, lnc. Vido Samazich - President Vido L. Samarzich - Vice President Monika Samazich - Secretary P-14 of P-30 City Council 15 – 18 9/17/2024 EXHIBIT 4 Construction Contract 2,763,815.75$ Contract Administration, Inspection and Testing 166,802.25$ Contingencies 276,382.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 3,207,000.00$ CONSTRUCTION OF PROJECT NO. 20-2731: Santiago Park Main Street Entrance Development COST ANALYSIS City Council 15 – 19 9/17/2024 City Council 15 – 20 9/17/2024 City Council 15 – 21 9/17/2024 City Council 15 – 22 9/17/2024 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Removal of asphalt concrete pavement, grading, construction of an upgraded bike trail, decomposed granite pedestrian walkways, area lighting, picnic areas, landscaping and irrigation system, site furniture and signage. PROJECT NEED: The area is in need of new security lighting, new irrigation system, replacing and adding trees that died in the drought, and creating additional picnic areas for school age children. PROJECT TITLE: Santiago Park Main Street Entrance PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Public Works Parks, Fleet & Facilities Suzi Furjanic, Assoc. Park Planner 29-Aug-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 2,763,816 ------ Contingency 276,382 ------ Engineering 166,802 ------ TOTAL 3,207,000 ------ SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 A & D District 2 400,000 ------ SA RIVER CONSERVANCY- PWA 2,807,000 ------ TOTAL 3,207,000 ------ EXHIBIT 6 City Council 15 – 23 9/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue AGENDA TITLE Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 13-6792) (General and Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $3,343,934 of prior-year fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $1,200,000 of prior-year fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes) 3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal Grant-Indirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes) 4. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 13-6792). 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work. City Council 16 – 1 9/17/2024 Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project September 17, 2024 Page 2 4 5 3 7 6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 89-01 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA)’s Engineering Division is responsible for managing the City’s roads and transportation network. Bristol Street is a part of the regionally significant north-south corridor, which is designated as a major arterial highway in the City's General Plan Circulation Element. Bristol Street, between Warner Avenue and Memory Lane, is a long-term improvement project to be completed in several phases as funding becomes available. The initial phases were completed in 2002, which included improvements from St. Andrew Place to McFadden Avenue and from Elm Street to Memory Lane. Since then, enhancements have been made at key intersections, such as Bristol Street and Warner Avenue, Bristol Street and 17th Street, as well as segments between McFadden Avenue and Civic Center Drive, and from Washington Avenue to 17th Street. The current phase will improve Bristol Street from Civic Center Drive to Washington Avenue (Exhibit 1). These improvements include roadway widening from two to three lanes in each direction with protected bike lanes, wider sidewalks, parkways, and a raised landscape median. The project will also include sound walls adjacent to residential parcels and water main improvements. Once completed, these improvements will enhance the ride quality and visual appearance of the Bristol Street corridor. The next phase will address the segment from Warner Avenue to St. Andrew Place, further continuing the transformation of this transportation route. A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located at City Hall. City Council 16 – 2 9/17/2024 Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project September 17, 2024 Page 3 4 5 3 7 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 101 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received. No bids were received from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 28 and July 19, 2024. The project was also advertised in PlanetBids from June 25 through July 24, 2024. Bids were received electronically via PlanetBids on July 24, 2024. A bid protest was filed by Nationwide Contracting Services, Inc. during the protest period against Los Angeles Engineering, Inc. Following a thorough review, the City found the protest invalid. Consequently, the City recommends awarding the project to Los Angeles Engineering, Inc., as the lowest responsive bidder. Bid Results Summary Rank Bidder’s Name Location Base Bid 1 Los Angeles Engineering, Inc.Covina, CA $10,579,350 2 Nationwide Contracting Services, Inc. Huntington Beach, CA $11,420,187 3 Vido Samarzich, Inc.Rancho Cucamonga, CA $11,778,349 4 Beador Construction Company, Inc.Costa Mesa, CA $12,514,300 5 Excel Paving Co Long Beach, CA $14,548,836 A total of five bids were received and all were deemed responsive. Los Angeles Engineering, Inc. submitted the lowest responsive base bid in the amount of $10,579,350 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract with the alternate bid to Los Angeles Engineering, Inc. (Exhibit 3). Los Angeles Engineering, Inc. has not performed work as a prime contractor in the City of Santa Ana within the last five years. However, a reference check was made with other Public Agencies and good reviews were received regarding the quality of work performed by the contractor on the previous projects. City Council 16 – 3 9/17/2024 Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project September 17, 2024 Page 4 4 5 3 7 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. In addition to the Construction Contract Bid Amount, staff requests that City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $13,224,187. Project Item Total Construction Contract Bid Amount $10,579,350 Construction Administration $846,348 Inspection $528,967 Testing $211,587 Project Contingencies $1,057,935 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $13,224,187 ENVIRONMENTAL IMPACT In 1990, the City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to minor design modifications an Addendum to the FEIS/EIR was prepared and adopted by City Council on June 3, 2014, pursuant to the California Environmental Act (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (13-6792) is $13,224,187. All funds are available for expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 6). Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26. A proposed carryover of unspent funds will be presented to the City Council for the FY 2025-26 portion of this contract. City Council 16 – 4 9/17/2024 Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project September 17, 2024 Page 5 4 5 3 7 The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to City Council for authorization and appropriation of additional contingency if necessary. With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Select Street Construction, Improvements Other Than Building Account (No. 05917661-66220), Revenue appropriated to this account is derived from the sale of land acquired from right-of-way acquisitions per procedures set by OCTA Bristol Corridor Improvement. The sale of land portion of the fund balance is estimated to be $6,228,834 for Fiscal Year 2024-25, which is sufficient to allow for the recommended appropriation. Additionally, a portion of the accumulated fund balance will be appropriated for spending in the New Transportation System Improvement Area F, Improvements Other Than Building Account (No. 03517660-66220). The spendable portion of the fund balance is estimated to be $1,226,165 for Fiscal Year 2024-2025, which is sufficient to allow for the recommended appropriation of $1,200,000. With the approval of the requested appropriation adjustment, $656,000 in Federal Transportation Improvement Program (FTIP) DEMO grant funds will be recognized in the Select Street Construction, Federal Grant-Indirect revenue account (05917002- 52001) and appropriated for spending in the Select Street Construction, Improvements Other Than Building Account (No. 05917660-66220). (Exhibit 7) The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount CURRENT BUDGET 2024-25 03217663-66220 (13-6792) CTFP Grant – Measure M Street Construction Measure M2 Competitive Street, Improvements Other Than Building $5,239,044 2024-25 05917660-66220 (13-6792) BCIP Grant – Select Street Construction Select Street Construction, Improvements Other Than Building $793,760 2024-25 03517660-66220 (13-6792) New Transportation System New Transportation System Improvement $130,000 City Council 16 – 5 9/17/2024 Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project September 17, 2024 Page 6 4 5 3 7 Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Improvement Area F Area F, Improvements Other Than Building 2024-25 05917663-66220 (13-6792) Select Street Construction Gas Tax HUTA 2103, Improvements Other Than Building $1,861,449 APPROPRIATION ADJUSTMENT 2024-25 05917661-66220 (13-6792) Select Street Construction OCTA Bristol St Corridor Improvements, Improvements Other Than Building $3,343,934 2024-25 03517660-66220 (13-6792) New Transportation System Improvement Area F New Transportation System Improvement Area F, Improvements Other Than Building $1,200,000 2024-25 05917660-66220 (13-6792) Select Street Construction Select Street Construction, Improvements Other Than Building $656,000 Total $13,224,187 EXHIBIT(S) 1. Location Map & Concept Plans 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Environmental Determination 6. FY 2024-25 Capital Improvement Program Sheet 7. Finance Letter – DEMO6L-5063(146) Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 16 – 6 9/17/2024 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 13-6792: Bristol Street Improvements PH. 3A from Civic Center Drive to Washington Avenue Location Map EXHIBIT 1 City Council 16 – 7 9/17/2024 City Council 16 – 8 9/17/2024 EXHIBIT 2 City Council 16 – 9 9/17/2024 City Council 16 – 10 9/17/2024 City Council 16 – 11 9/17/2024 City Council 16 – 12 9/17/2024 City Council 16 – 13 9/17/2024 City Council 16 – 14 9/17/2024 City Council 16 – 15 9/17/2024 City Council 16 – 16 9/17/2024 City Council 16 – 17 9/17/2024 City Council 16 – 18 9/17/2024 EXHIBIT 2 City Council 16 – 19 9/17/2024 City Council 16 – 20 9/17/2024 City Council 16 – 21 9/17/2024 City Council 16 – 22 9/17/2024 City Council 16 – 23 9/17/2024 City Council 16 – 24 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PIt0.lEC l'NO. 20-(1965. n'fP 506-l(196) S]'nNDAItl) nVL IIIKEWAY FITOM Wn RNI:lt AVI. -J() ,NI) q'f PttO.llrcl N0. 20-6962, A'lI'506-l(l9t'l) MCI;ADDIjN AVIr lllKtiWAY IittOM IIAITUOR III-VD l() GI{AND AVlr PI{OJLC'I N0. 23-6707 S'|ANDAI{D AVII PAVEMENI I{LILABILIIAIION I)I(OM WAltNEl( AVI fO 2NI) sl PIIOJLCT NO. 23-6705 MCITADDEN AVh PAVEMLNT RIlllAlllLI lAllON IrROM IIAIUIOR BLVD 1-O FAIRVIEW 51' Plto.IECT NO. 19-692-l - MCf AIIDEN AVE PAVEMENI'IiIrI.IABILITATION I:ROM FAIRVIEW S'f l'() RA[I] Sl' PRO.TECI'NO. 23-6706 -. MCFADDEN A\[ PAVEMENT REI.IARILITATION FROM RAITT ST T'O GITAND AVL, Specifications, shall be $6,000 per calendar day. For each Phase not completed withing the allocated working days liquidated darrages will be applied per Phase. Name of Finn Signature of BIDDER Title President (lf an individual, so state. If a firm or co-paftrlership, state the firm name and give the names of all individual co-paftners composing the finn. If a corporation, state legal name of corporation, and names of Presiderit, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samaaich, lnc. Vido Samazich - President Vido L. Samarzich - Vice President Monika Samazich - Secretary P-14 of P-30 City Council 16 – 25 9/17/2024 EXHIBIT 4 Construction Contract 10,579,350.00$ Contract Administration, Inspection and Testing 1,586,902.00$ Contingencies 1,057,935.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 13,224,187.00$ CONSTRUCTION OF PROJECT NO. 13-6792: Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue COST ANALYSIS City Council 16 – 26 9/17/2024 ROH -04107/15 RESOLUTION NO. 2015-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT NO. 89-01 FOR THE BRISTOL STREET WIDENING PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PHASE IIIA) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.On November 19, 1990, the City Council approved the Final Environmental Impact Statement / Environmental Impact Report (EIS 89-01) for the widening of a 3.9-mile segment of Bristol Street from Warner Avenue to Memory Lane, hereinafter referred to as the "Project". B.City Council has been asked to approve the commencement of Phase IIIA of the Project, widening Bristol Street from Civic Center Drive to Washington Avenue. Phase IIIA includes minor design modifications to the Project approved in EIS 89-01. C.On April 7, 2015, the City Council of the City of Santa Ana considered the request for approval of the Addendum to the Final Environmental Impact Study/ Environmental Impact Report (EIS 89-01 ). Section 2. The City Council previously approved and adopted Final Environmental Impact Study/ Environ mental Impact Report (EIS 89-01 ). In accordance with the California Environmental Quality Act ("CEQA"), an Addendum to EIS 89-01 was prepared for Phase IIIA of the Bristol Street Widening Project A true and correct copy of the Addendum is attached hereto as Exhibit "A" and incorporated herein by reference. The City Council reviewed the information contained in the Addendum, which includes reference materials, all of which are hereby incorporated by reference, and as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the Addendum adequately addresses the expected environmental impacts of this Project. Based upon the studies, the City Council determines that there are no new significant impacts or any increases in the severity of the impacts previously identified in the original FEIS/EIR. Section 3. The City Council hereby certifies and approves the Addendum to EIR 89-01, and directs that any necessary Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the matter required by Law. Resolution No. 2015-015 Page 1 of "I EXHIBIT 6 City Council 16 – 27 9/17/2024 Section 4. These decisions are based upon the Request for Council Action dated April 7, 2015, and exhibits attached thereto; the public comments; and, the Final Environmental Impact Study / Environmental Impact Report (EIS 89 -01), all of which are incorporated herein by this reference. Section 5. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. ADOPTED this 7t" day of April, 2015. APPROVED AS TO FORM: Sonia 1`3e arvalljo, City Attorney 0 AYES: Councilmembers: Amezcua Benavides, Martinez Pulido Reyna, Tinaiero (6) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Sarmiento (1) NOT PRESENT: Councilmembers: None (0) Resolution No. 2015 -015 Page of 2 of 9 City Council 16 – 28 9/17/2024 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -014 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2015. Date: 4 21wd2 Clerk of the Council City of Santa Ana Resolution No. 2015 -015 Page 3 of LI City Council 16 – 29 9/17/2024 PLEASE SEE LASERFICHE RESOLUTION NO. 2015 -015 FOR EXHIBIT A Resolution No. 2015 -015 Page 4 of 4 City Council 16 – 30 9/17/2024 January 20, 2015 CITY OF SANTA ANA Bristol Street Widening Project Civic Center Drive to Washington Avenue (Phase IIIA) Environmental Impact Report Addendum PROJECTNUMBER: 102866 PROJECT OONTAOr. Court MorganEMAIL: court mo gan@powarang,corn PHONE.• 714.507.2764 VPOWER14ENGINEERS Exhibit A City Council 16 – 31 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Environmental Impact Report Addendum PREPARED FOR' CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M -36 SANTA ANA, CA 92702 PREPARED BY' POWER ENGINEERS, INC. 731 EAST BALL ROAD, SUITE 100 ANAHEIM, CA 92805 OFFICE: (714) 507 -2700 FAX (714) 507 -2799 City Council 16 – 32 9/17/2024 TABLE OF CONTENTS 1.0 INTRODUCTION ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1 1.1 PURPOSE OF AN ADDENDUM ................................................................... 2 1.2 PROJECT LOCATION .................................................................................. 4 1.2.1 Existing Land Uses ........................................................................... 4 1.3 PROJECT BACKGROUND ........................................................................ 11 1.3.1 Approved 1990 Final EIR/EIS ...................................................... I 1 1.3.2 Adopted Transportation Improvement Program ............................ l l 1.4 PROJECT DESCRIPTION .......................................................................... 12 1.4.1 Bristol Street Widening Phase IIIA Project Area ............................ 12 1.4.2 Property Acquisition ........................................................................ 12 1.4.3 Changes as Compared to the Approved Project .............................. 17 1.4.4 Construction Timeframe .................................................................. 18 1.5 DISCRETIONARY ACTIONS ..................................................................... 18 2.0 ENVIRONMENTAL CHECKLIST ........................................................ .............................25 2.1 BACKGROUND ....................................................................................... ............................... 25 3.0 ENVIRONMENTAL CONSEQUENCES ............................................... .............................26 3.1 AESTHETICS ........................................................................................... 26 3.2 AGRICULTURAL RESOURCES ................................................................... 28 3.3 AIR QUALITY ......................................................................................... 29 3.4 BIOLOGICAL RESOURCES ...................................................................... 35 3.5 CULTURAL RESOURCES ........................................................................... 37 3.6 GEOLOGY AND SOILS ............................................................................. 38 3.7 GREENHOUSE GAS EMISSIONS .............................................................. 40 3.8 HAZARDS AND HAZARDOUS MATERIALS .............................................. 41 3.9 HYDROLOGY AND WATER QUALITY ....................................................... 43 3.10 LAND USE AND PLANNING .................................................................... 46 3.11 MINERAL RESOURCES ........................................................................... 47 3.12 NOISE ....................................................................................................... 48 3.13 POPULATION AND HOUSING .................................................................. 49 3.14 PUBLIC SERVICES .................................................................................. 51 3.15 RECREATION .......................................................................................... 52 3.16 TRANSPORTATION /TRAFFIC .................................................................. 52 3.17 UTILITIES AND SERVICE SYSTEMS ........................................................ 54 3.18 MANDATORY FINDINGS OF SIGNIFICANCE ............................................ 56 4.0 REFERENCES .......................................................................................... .............................57 FIGURES: FIGURE REGIONAL LOCATION ........................................................................... ..............................5 FIGURE 2 PROJECT LOCATION ............................................................................. ............................... 7 FIGURE 3 EXISTING LAND USE (1990 FEIS/ EIR) ................................................ ............................... 9 FIGURE 4 PROPERTY ACQUISITIONS .................................................................. ............................... 15 FIGURE 5 PROPOSED PROJECT LANE GEOMETRICS ........................................... ............................... 19 FIGURE 6 BRISTOL STREET /CIVIC CENTER DRIVE INTERSECTION (1990 FINAL EIS /EIR) .................. 21 FIGURE 7 BRISTOL STREET /OTHER INTERSECTIONS (1990 FINAL EIS /EIR) ...... ............................... 23 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE i City Council 16 – 33 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue TABLES: TABLE 1 PROPERTY ACQUISITIONS .................................................................. ............................... 13 TABLE 2 PROJECT RELATED CONSTRUCTION EMISSIONS ................................ ............................... 31 TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 31 TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ......................... 32 TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES... 33 TABLE 6 CO HOTSPOT ANALYSIS ( PPM) .......................................................... ............................... 34 TABLE 7 SCHOOLS WITHIN THE PHASE IIIA PROJECT AREA ........................... ............................... 41 APPENDICES: APPENDIX A MODIFIED INITIAL STUDY CHECKLIST 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE ii City Council 16 – 34 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue ACRONYMS AND ABBREVIATIONS AAQS ambient air quality standards ADA American with Disabilities Act of 1990 APE Area of Potential Effect AQMP Air Quality Management Plant BMPs best management practices CAAQS California ambient air quality standards CalEEMod SCAQMD California Emissions Estimator Model Caltrans California Department of Transportation CEQA California Environmental Quality Act CO carbon monoxide CO2 carbon dioxide CPRC California Public Resources Code CRHR California Register of Historical Resources CWA Clean Water Act dB decibels dB(A) A- weighted decibels EPA US Environmental Protection Agency FEIS /EIR Final Environmental Impact Statement / Environmental Impact Report FHWA Federal Highway Administration FTIP Federal Transportation Improvement Program GC General Commercial GHG greenhouse gas 1 -405 San Diego Freeway LOS Level of Service LSTs Localized Significance Thresholds mph miles per hour NAAQS National Ambient Air Quality Standards NEPA National Environmental Policy Act NO2 nitrogen dioxide NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System 03 ozone OCTD Orange County Transit District PM10 particulate matter less than less than or equal to 10 microns in diameter PM2,5 particulate matter less than less than or equal to 2.5 microns in diameter ppm parts per million Project Bristol Street Widening Phase IIIB — 176' Street to Washington Ave. Project ROG reactive organic gases RTIP Regional Transportation Improvement Program SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SIPS state implementation plans Sox sulfur oxides SP1 Specific Plan SR -22 State Route 22 SWPPP Stonnwater Pollution Prevention Plan TCMs Transportation Control Measures UBC Uniform Building Code ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) W PAGE iii City Council 16 – 35 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE iv City Council 16 – 36 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 1.0 INTRODUCTION This Addendum has been prepared in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental impacts of the proposed changes to the widening of Bristol Street, from Warner Avenue to Memory Lane as proposed in the Project Final Environmental Impact Statement / Environmental Impact Report (FEIS /EIR) approved in 1990 (FHWA-CA- EIS- 89 -01- F; SCH No. 87071509). This Addendum focuses on the segment of Bristol Street between Civic Center Drive to Washington Avenue (Phase IIIA, or Project) and is limited to the proposed improvements to this segment. This Addendum provides an assessment of potential environmental impacts associated with minor design modifications and the issue of climate change which was not addressed in the previously prepared and certified FEIS /EIR. Design modifications to the Project, since approval of the 1990 FEIS /EIR, that are addressed in this Addendum include the following: The 1990 FEIS/EIR, using decommissioned noise methodology, recommended noise barriers soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and Washington Avenue. However, using current noise modeling methodology (RBF Consulting 2014), noise abatement in the form of noise barriers is not required for the Phase IIIA Project. For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately 8 -foot high block wall at approximately the same location where soundwalls were previously recommended (as addressed in the 1990 FEIS /EIR). The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right -of -way cross - section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross- section addressed in the 1990 FEIS/EIR. However, the proposed Project right -of -way cross section, as compared to the right -of -way cross section addressed in the 1990 FEIS/EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right -of -way is accounted for in this analysis. Addition of a westbound right -turn lane on Washington Avenue at Bristol Street. Addition of a cul -de -sac at 9th Street on the west side of Bristol Street. Full and partial acquisition on both sides of Bristol Street between Civic Center Drive and Washington Avenue. Changes in land use as part of the Bristol Specific Plan Addendum, as follows: o Assessor Parcel Numbers (APNs) 405- 262 -21, -22, -23, -24, -25, -26, -27, -28,-29, -30, - 31, -32, and -33; and 405- 274 -09, -10,41, -12, and -13) —Land use change from Park to Park with Commercial option. Additionally, the topic of greenhouse gas (GFIG) emissions was not addressed in the previously approved 1990 FEIS /EIR as this topic was not a subject matter that required evaluation pursuant to CEQA at that time. As such, this Addendum analyzes the effects of GHG emissions associated with construction and operation of the proposed Project. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 1 City Council 16 – 37 9/17/2024 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue This Addendum to the previously certified 1990 FEIS /EIR has been prepared because Project - related modifications to the Bristol Street alignment do not trigger the need for further environmental analysis in a Subsequent or Supplemental EIR under the requirements CEQA (refer to CEQA Guidelines Sections 15162 and 15163, respectively). 1.1 Purpose of an Addendum Under CEQA, when an EIR has been certified for a project, no Subsequent EIR may be required for that project unless the lead agency determines, based upon substantial evidence, that one or more specified circumstances has occurred. Only if one or more of the following circumstances arises is a Subsequent EIR required, pursuant to CEQA Guidelines Section 15162: 1. (1) Substantial changes are proposed in the project which will require major revision of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity ofpreviously identified significant effects; 2. (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR due to the involvement of new significant environmental increase in the severity of previously identified significant effects; or 3. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: A) The project will have one or more significant effects not discussed in the previous EIR; B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (CEQA Guidelines Section 15162[a]) A Supplement to an EIR (or Supplemental EIR), which is narrower in scope than a Subsequent EIR, may be prepared if any of the above criteria apply, but "[o]nly minor changes or additions would be necessary to make the previous EIR adequately apply to the project in the changed situation" (CEQA Guidelines Section 15163[a][2]). In the absence of the need to prepare either a Subsequent or Supplemental EIR, an Addendum may be prepared. More specifically, CEQA Guidelines Section 15164 states: a) The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 2 City Council 16 – 38 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration. d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to malting a decision on the project. e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum to the previously certified FEIS/EIR for the approved Project has been prepared because the evaluation of the proposed modifications does not result in any of the circumstances requiring a Subsequent or Supplemental EIS /EIR. Although the proposed modifications would result in development that differs from that in the 1990 FEIS /EIR, those modifications do not trigger the need for preparation of a Subsequent or Supplemental EIR under the criteria listed in CEQA Guidelines Sections 15162 and 15163, respectively. Sections 2.0 and 3.0 of this Addendum demonstrate that no substantial changes are proposed in the approved Project or have occurred in the area of the Bristol Street Widening Phase IIIA Project that will require major revisions to the previously certified 1990 FEIS /EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Specifically, the proposed modifications, as compared to the 1990 FEIS/EIR, do not result in new or substantially greater significant impacts because the scale and nature of the proposed modifications are sufficiently similar to that analyzed in the 1990 FEIS /EIR such that the impacts of the proposed modifications are within the levels and types of environmental impacts disclosed in the 1990 FEIS /EIR. In addition, no substantial changes in circumstances under Section 15162(a)(2) have occurred since the certification of the 1990 FEIS /EIR for the approved Project that would result in new significant impacts or substantially increase the severity of significant impacts previously identified, since the background environmental conditions have not significantly changed since that time. The City of Santa Ana has received no information indicating there has been a substantial change in any circumstances that would result in a new or substantially greater significant impact. Furthermore, no new information, which was not known and could not have been known at the time of the 1990 FEIS/EIR preparation, has been revealed that shows new or substantially greater significant impacts would result (see CEQA Guidelines Section 15162(a)(3)). In addition, there are no new or different mitigation measures or alternatives that would substantially reduce one or more significant impacts of the approved Project but that are not adopted. The proposed modifications do not identify or require adoption of any further mitigation measures or alternatives beyond those provided in the certified 1990 FEIS /EIR for the approved Project, since additional mitigation measures are either not necessary or not feasible, and the alternatives analyzed in the 1990 FEIS /EIR represent a reasonable range as required pursuant to CEQA [see CEQA Guidelines Section 15162(a)(3)]. This Addendum relies on the certified 1990 FEIS/EIR and the related administrative record, in addition to the additional documentation included to support the Addendum, including the appendices. The Addendum is to be included or attached to the 1990 FEIS /EIR and is not to be considered as an independent or separate document. As this Addendum does not identify new or substantially greater significant impacts, circulation for public review and comment is not necessary pursuant to CEQA Guidelines Section 15164(c). However, the City Council will consider and adopt or reject this Addendum at a public meeting (refer to CEQA Guidelines Section 15164(d)). The findings of the City Council in its resolution of adoption of this Addendum, if adopted, will reflect this Addendum which provides the basis and substantial evidence for ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 3 City Council 16 – 39 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue the decision not to prepare a Subsequent or Supplemental EIR (refer to CEQA Guidelines Section 15164(e)). 1.2 Project Location The proposed Project includes a segment of Bristol Street between Civic Center Drive and Washington Avenue in the City of Santa Ana. The City of Santa Ana, located within the County of Orange, is surrounded by the Cities of Tustin, Orange, Costa Mesa, Fountain Valley, and Garden Grove. The proposed Project site is located approximately 1.5 miles north of the San Diego Freeway (I -405) and approximately three miles south of State Route 22 (SR -22). Refer to Figures 1 and 2 for the regional map and Project location map, respectively. 1.2.1 Existing Land Uses The Project area and surrounding vicinity is located within an urbanized area of the City of Santa Ana. Existing land use along the Project corridor consists of commercial and single- and multi - family residences. Figure 3 illustrates existing land use as identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 1/19/20 15) YU PAGE 4 City Council 16 – 40 9/17/2024 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue a [till 0 =i t1 *11910 l_1 q OPEN i [t] 01 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 5 City Council 16 – 41 9/17/2024 s, r k yI KERN-CO. - OREGON IDAHO Lalfcaster &95 . NEVADA dUTTAH a s< I Nal o bc,m rrtsnn '% CALIFORNIAalmdaleAdfan {o Ir {J 15 0 ill nt Hes ariaTLOSANGELESCOP 1 Ay a j Ion r j} LEGEND PROJECT LOCATION t Y FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE PHASE IIIA) N 0 Miles 0 5 10 15 t Y FIGURE 1 REGIONAL LOCATION BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE PHASE IIIA) City Council 16 – 42 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALL YLEFTBLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 6 City Council 16 – 43 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 2 PROJECT LOCATION 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 7 City Council 16 – 44 9/17/2024 SOURCE ARCGIS ONLINE, NATGEO WORLD MAP, ACCESSED 1119/2015 City Council 16 – 45 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 8 City Council 16 – 46 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street lMdening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 3 EXISTING LAND USE (1990 FEIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 9 City Council 16 – 47 9/17/2024 uj 0WOW imZ W z M E= W Mu 9W.7, iz EEFFFIHIM LUm j >. LUIL rk ff0 O Wjj oz aQ zLL UO OKmm City Council 16 – 48 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305-0t I (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 10 City Council 16 – 49 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1.3 Project Background 1.3.1 Approved 1990 Final EIWEIS The City of Santa Ana General Plan designates Bristol Street as a Major Arterial Highway traveling in a north -south direction. As a result of significant growth and traffic congestion on Bristol Street, the City of Santa Ana, in the late 1980s, proposed to widen Bristol Street from a four -lane roadway to a six -lane arterial in accordance with adopted County of Orange and City of Santa Ana standards for a Major Arterial Highway. A joint EIS /EIR was prepared and approved by the City of Santa Ana and the California Department of Transportation (Caltrans) for the widening of Bristol Street in 1990. The 1990 Project entailed a 3.9 -mile segment of Bristol Street from Warner Avenue to Memory Lane. Due to significant costs associated with construction and availability of funding, the street widening Project was divided into three phases; Phase I, from Wainer Avenue north to First Street; Phase II, consisting of the widening and reconstruction of the bridge which crosses Santiago Creek (northerly limits of the street widening Project); and Phase III, between First Street and Memory Lane. Subsequently, and also due to funding programming and availability, the Phase III segment has been further divided into two separate segments: Phase IIIA, Civic Center Drive to Washington Avenue (the subject of this Addendum),; and Phase IIIB Washington Avenue to 17th Street. The Bristol Street widening segments, as described above, operate independently; that is, operation of one segment is not dependent on another. The 1990 FEIS /EIR (SCH No. 87071509) was approved on November 19, 1990. The 1990 FEIS /EIR and associated technical studies, incorporated herein by reference, documented the environmental impacts of widening Bristol Street from Warner Avenue to Memory Lane in the City of Santa Ana. As stated in the 1990 FEIS /EIR, the purpose and goals of the Bristol Street Widening Project were to: 1. Provide sufficient roadway capacity to accommodate current and future traffic demand. 2. Improve the performance and safety of the roadway for the benefit of the motoring public. 3. To reduce current and projected future delays experienced at major intersections and to design intersections to function at acceptable Levels of Service (LOS). 4. To design the roadway in manner conducive to the provision of public transportation, namely bus service provided by the Orange County Transit District (OCTD). 1.3.2 Adopted Transportation Improvement Program The Approved Project is fully funded and included as project number ORA125 in the regional emissions analysis conducted by Southern California Association of Governments (SLAG) for the conforming 2013 Federal Transportation Improvement Program (FTIP) adopted by SCAG on September 19, 2012 and approved by FHWA on December 14, 2012. As provided in the FLIP, the Approved Project description reads as follows: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOL /WARNER (ADD NBIEBISB THRU LNS, WB RT TRN LN) AND BRISTOL /FIRST ADD NBISB THRULNS; SB LFTIRTITRNLNS The Phase IIIA project is a component of the Approved Project. The Phase IIIA Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore, the individual projects contained in the plan, are conforming projects, and would have air quality impacts consistent with those identified in the state implementation plans SIPS) for achieving the National Ambient Air Quality Standards (NAAQS). FHWA determined the RTIP to conform to the SIP. 305 -011 (PER 02) CITY OF SANTA ANA (01 /19/2015) YU PAGE 11 City Council 16 – 50 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The Phase IIIA Project's open to the public year is consistent with (within the same regional emission analysis period as) the construction completion date identified in the FTIP and /or RTP. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. FHWA determined the TIP to conform to the SIP on December 2010. The Phase IIIA Project is also included in the 2013 TIP adopted by SCAG on September 6, 2012 and approved by FHWA on December 14, 2012. 1.4 Project Description 1.4.1 Bristol Street Widening Phase 111A Project Area Phase IIIA of the Bristol Street Widening Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue from four lanes to six lanes with a 128 -foot wide right -of -way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 6 -foot wide parkway; and 8 -foot wide sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The proposed Project also includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street and removal of the eastbound through movement on Washington Avenue at Bristol Street to match the existing condition. Furthermore, a cul -de -sac would be constructed at 9th Street on the west side of Bristol Street. Street signs and utilities including electric power lines, telephone poles, and street lighting would be relocated to new locations within the Project area along Bristol Street. Street furniture, including benches and bus shelters, would be provided at bus stop locations. Affected trees would be replanted. During the one -year construction period (anticipated to be mid -2015 to mid- 2016), one lane in each direction would remain open and existing driveway accesses along Bristol Street would be retained at all times. The maximum excavation depth would be three feet for roadway excavation, and approximately 10 feet for utility /drainage excavation. 1.4.2 Property Acquisition As listed in Table 1, a total of 20 properties (parcels) would be fully acquired as a result of the proposed widening of Bristol Street between Civic Center Drive and Washington Avenue (refer to Figure 4 for the locations of affected properties). More specifically, the proposed Project, and its associated right -of -way requirements, would result in the full acquisition by the City of Santa Ana, of 17 single - family residential parcels; two parcels representing commercial /utility uses; and one parcel characterized as office -type use. Parcel 405- 262 -26 is within the project limits; however, this parcel is owned by the City. The acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. The increase in right -of -way width associated with the proposed Project from 120 feet, as addressed in the 1990 FEIS /EIR, to 128 feet would not result in a difference in the number of properties that would be acquired as a result of the proposed improvements. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 12 City Council 16 – 51 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue TABLE 1 PROPERTY ACQUISITIONS qPN ADPIESkIST1N LANDS U5E AGQUIfl9N,TF p131fEd 710E71," 004 - 111 -18 1306 W. 11th St. Single-Family Residential Partial 304 004- 111 -22 1302 W. 11th St. Single-Family Residential Full 6,983 004 - 112 -33 1305 W. 11th St. Single-Family Residential Partial 267 004 - 112 -35 1302 W. 12th St. Sinple-Family Residential Full 6,702 004 - 112 -36 11301 W. 11th St. Sinple-Family Residential Full 6,864 004 - 113 -19 1305 W. 12th St. Single-Family Residential Full 6,007 004 - 113 -34 1301 W. 12th St. Single-Family Residential Full 6,103 004 - 121 -12 1307 W. 10th St. Single-Family Residential Full 6,270 004 - 121 -18 1301 W. 10th St. Single - Family Residential Full 7,106 004 - 122 -18 1311 W. 9th St. Single - Family Residential Partial 92 004 - 123 -11 1312 W. 9th St. Single - Family Residential Partial 34 405 - 262 -21 827 N. Bristol St. Single - Family Residential Full 6,951 405 - 262 -22 829 N. Bristol St. Single - Family Residential Full 6,751 405 - 262 -23 907 N. Bristol St. Single - Family Residential Full 6,726 405 - 262 -24 911 N. Bristol St. Single - Family Residential Full 7,327 405- 262 -25 917 N. Bristol St. Single - Family Residential Full 9,970 405 - 262 -26 921 N. Bristol St. Single - Family Residential Owned by City' 0 405 - 262 -28 1003 N. Bristol St. Single - Family Residential Full 7,517 405 - 262 -29 1005 N. Bristol St, Single - Family Residential Full 7,406 405 - 262 -30 1009 N. Bristol St, Single - Family Residential Full 7,271 405 - 262 -31 1015 R Bristol St. Single - Family Residential Full 7,270 405 - 262 -32 1019 N. Bristol St. Single - Family Residential Full 7,269 405 - 262 -33 1023 N. Bristol St. Office (Optometrist) Full 7,269 405 - 274 -10 1111 N. Bristol St. Commercial (Strip Mall) Full 34,264 044 - 113 -35 1220 N. Bristol St. Commercial (Strip Mall) Partial 3,500 405 - 274 -12 1221 N. Bristol St. Commercial /Utility Restaurant/Substation) Full 6,122 I Property acquired by City due to either (1) property tax default or (2) in accordance with Measure M guidelines for acquisition due to short sale or foreclosure, ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 13 City Council 16 – 52 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 14 City Council 16 – 53 9/17/2024 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 4 PROPERTY ACQUISITIONS ANA 305 -011 (PER 02) CITY OF SANTA ANA (01119/2015) YU PAGE 15 City Council 16 – 54 9/17/2024 t°L L 4 1 City Council 16 – 55 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 16 City Council 16 – 56 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 1.4.3 Changes as Compared to the Approved Project It should be noted that Project phasing has been revised from the original three phases identified in the 1990 FEIS /EIR. Construction phasing of the entire Project segment has been further subdivided as follows: St. Andrew Place to McFadden Avenue (Constructed in 2002) Elm Street to Memory Lane (Constructed in 2003) Pine Street to 3rd Street (Constructed in 2009) Phase I: McFadden Avenue to Pine Street (Constructed in 2011)' Phase II: 3rd Street to Civic Center Drive (Constructed in 2014) Phase IIIA: Civic Center Drive to Washington Avenue Phase IIIB: Washington Avenue to 17d' Street Phase IV: Warner Avenue to St. Andrew Place Phase V: 17"' Street to Elm Street The proposed street widening design configuration for the current Phase IIIA segment (proposed Project addressed herein) differs from the original configuration of the 1990 FEIS /EIR, as follows: The 1990 FEIS /EIR, using decommissioned noise methodology, recommended noise barriers soundwalls) at all easterly parcel boundaries currently fronting the east side of Bristol Street between Civic Center Drive and Washington Avenue. However, using current noise modeling methodology (RBF Consulting 2014), noise abatement in the form of noise barriers is not required for the Phase IIIA Project. For purposes of aesthetic treatment and enhancement, the proposed Project would install an approximately 8 -foot high block wall at approximately the same location where soundwalls were previously recommended (as addressed in the 1990 FEIS /EIR). The proposed Project increases the total right -of -way width from 120 feet to 128 feet. The proposed Project right -of -way cross - section would maintain a curb -to -curb width of 100 feet, would accommodate a 7 -foot wide bike lane on each side of the roadway, and would not affect the number or width of vehicular travel lanes as compared to the right -of -way cross - section addressed in the 1990 FEIS /EIR. However, the proposed Project right -of -way cross section, as compared to the right -of -way cross section addressed in the 1990 FEIS /EIR, would reduce the width of the sidewalks from 10 to 8 feet and also accommodate a 6 -foot wide parkway on each side of Bristol Street to separate pedestrian and vehicular travel; a parkway was not included as part of the roadway cross section addressed in the 1990 FEIS /EIR. Acquisition of property resulting from the proposed Project right -of -way is accounted for in this analysis. Addition of a westbound right -turn lane on Washington Avenue at Bristol Street. Removal of eastbound through movement on Washington Avenue at Bristol Street to match existing condition. Addition of a cul -de -sac at 9th Street on the west side of Bristol Street. Full and partial acquisition on both sides of Bristol Street between Civic Center Drive and Washington Avenue. Changes in land use as part of the Bristol Specific Plan Addendum, as follows: Phase numbers were assigned to the Bristol Street Widening Project subsequent to cancelation of the ConterLine Light Rail Transit Project and associated reallocation of funding from that canceled project to the Bristol Street Widening Project ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 17 City Council 16 – 57 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Assessor Parcel Numbers (APNs) 405- 262 -21, -22, -23, -24, -25, -26, -27, -28, -29, -30, -31, -32, and -33; and 405- 274 -09, -10, -11, -12, and -13) — Land use change from Park to Park with Commercial option. The proposed Project lane configuration is shown on Figure 5 (Proposed Project Lane Geometries), whereas the intersection lane configurations from the original approved 1990 FEIS /EIR are shown on Figures 6 and 7. The proposed block wall, as described above, is also illustrated on Figure 5. An assessment of construction and Project related GHG emissions was also not addressed in the 1990 FEIS /EIR, and as a result is addressed in this Addendum. 1.4.4 Construction Timeframe Construction activities associated with the proposed Project would occur following acquisition of the required parcels. Construction of the proposed Project is anticipated to begin in mid -2015 and be completed within approximately one year (mid - 2016). 1.5 Discretionary Actions This Addendum must be adopted by the City of Santa Ana City Council as to its adequacy in complying with the requirements of CEQA and the previously approved 1990 FEIS /EIR. The City Council will consider the information contained in the Addendum and the 1990 FEIS/EIR in making a decision to approve or deny the proposed Project. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 18 City Council 16 – 58 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 5 PROPOSED PROJECT LANE GEOMETRICS ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 19 City Council 16 – 59 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLEFT BLANK 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 20 City Council 16 – 60 9/17/2024 City Council 16 – 61 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue FIGURE 6 BRISTOL STREET /CIVIC CENTER DRIVE INTERSECTION (1990 FINAL EIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 21 City Council 16 – 62 9/17/2024 b2 I I , I lli it ITtl 19 =I__ Y1 Bristol Street SOURCE, FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990, 4 NOATH FIGURE 6 BRISTOL STREETICIVIC CENTER DRIVE INTERSECTION 1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE PHASE IIIA) A I I , I lli it ITtl 19 =I__ Y1 Bristol Street SOURCE, FINAL ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990, 4 NOATH FIGURE 6 BRISTOL STREETICIVIC CENTER DRIVE INTERSECTION 1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE PHASE IIIA) City Council 16 – 63 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLY LEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 22 City Council 16 – 64 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue FIGURE 7 BRISTOL STREET /OTHER INTERSECTIONS (1990 FINAL EIS /EIR) ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 23 City Council 16 – 65 9/17/2024 4---- 140 L' L 11 1i I 1i ' 12' , 12' I 19' Bristol Street SOURCE', FINAL ENVIRONMENTAL IMPACT STATEMENT /ENVIRONMENTAL IMPACT REPORT, PROPOSED WIDENING OF BRISTOL STREET FROM WARNER AVENUE TO MEMORY LANE, IN THE CITY OF SANTA ANA. WILDAN ASSOCIATES. 1990. NORTH FIGURE 7 BRISTOL STREETI OTHER INTERSECTIONS 1990 FINAL EISIEIR) BRISTOL STREET WIDENING PROJECT CIVIC CENTER DRIVE TO WASHINGTON AVENUE PHASE IIIA) City Council 16 – 66 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue THIS PAGE INTENTIONALLYLETT BLANK 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 24 City Council 16 – 67 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 2.0 ENVIRONMENTAL CHECKLIST 2.1 Background Project Title: Bristol Street Widening, Phase IIIA Project. Lead Agency Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 Contact Person and Phone Number: Kenny Nguyen, P.E. Senior Civil Engineer City of Santa Ana 714) 647 -5632 Project Location: Bristol Street from Civic Center Drive to Washington Avenue in the City of Santa Ana. Project Sponsor's Name and Address: City of Santa Ana 20 Civic Center Plaza, M -36 Santa Ana, CA 92702 General Plan Designation: General Commercial (GC) Zoning: Specific Plan (SPI) Description of Project: The City of Santa Ana is proposing to widen the Bristol Street between Civic Center Drive and Washington Avenue from four lanes to six lanes with a 128 -foot wide right-of-way cross section including a 14 -foot wide raised landscaped median; three 12 -foot wide through travel lanes in each direction; a 7 -foot wide Class II bike lane on each side of the roadway; a 6 -foot wide parkway; and 8 -foot wide sidewalks with curb ramps for wheelchair access (pursuant to American with Disabilities Act of 1990 [ADA] requirements) on both sides of the roadway. As Bristol Street approaches the intersections, the landscaped center median would taper to accommodate right -turn pockets and left -turn lanes in each direction. The proposed Project also includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street and removal of the eastbound through movement on Washington Avenue at Bristol Street to match the existing condition. Furthermore, a cul- de-sac would be constructed at 9th Street on the west side of Bristol Street. The proposed Project would also install an approximately 8 -foot- high block wall at approximately the same location where the soundwall was previously recommended as addressed in the 1990 FEIS /EIR). The widening would require fall acquisitions of 20 parcels fronting Bristol Street as detailed in Table 1 (Property Acquisitions) of this Addendum. Surrounding Land Uses and Setting: The Project site is located within a fully developed urban area within the City of Santa Ana. Areas surrounding the Project site consist of various urban uses such as single- and multi - family residences and commercial and retail uses. Other Public Agencies Whose Approval is Required (e.g., permits, financing, or participation agreement): City of Santa Ana. ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 25 City Council 16 – 68 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 3.0 ENVIRONMENTAL CONSEQUENCES This section describes the effects of the proposed Project as compared to those identified in the previously approved 1990 FEIS /EIR document, and to existing conditions and any changes in regulatory setting since the previously approved 1990 FEIS /EIR. Furthermore, this section analyzes the potential environmental impacts associated with the proposed Project. The issue areas evaluated in this document include the following, pursuant to Appendix G of the CEQA Guidelines, and have been modified to evaluate the proposed Project changes for which an FEIS/EIR has been previously approved (in 1990) to assist in the determination of the need for a supplemental EIS /EIR or an Addendum. The modified Initial Study checklist, comparing the effects of the Project modifications as compared to those analyzed in the 1990 FEIS /EIR, is found in Appendix A. Aesthetics Agricultural and Forestry Resources Air Quality Biological Resources Cultural Resources Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology/Water Quality Land Use Mineral Resources Noise Population and Housing Public Services Recreation Transportation /Traffic Utilities /Service Systems Mandatory Findings of Significance A summary of impacts of the previously approved Project and the mitigation measures imposed is provided along with an analysis of the potential impacts resulting from the proposed Project and whether those impacts substantially exceeds those discussed in the previously approved 1990 FEIS/EIR. 3.1 Aesthetics This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landform Modification, G - Urban Landscaping, J - Light and Glare, and K - Aesthetic Considerations of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect on a scenic vista? The proposed Project would not result in any significant modifications or changes from the previously approved 1990 FEIS /EIR. The Project is located within a highly developed urban area of the City of Santa Ana. No scenic vistas are located within the Project area. No impact to scenic vistas would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 26 City Council 16 – 69 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue b.) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no state- designated scenic highways within the Project area, nor is the Project area visible from any scenic highways. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. c.) Substantially degrade the existing visual character or quality of'the site and its surroundings? The proposed Project is located in a highly urbanized area of the City of Santa Ana. Although the proposed Project would result in modifications to the visual character of the area resulting from the widening of Bristol Street and resultant property acquisitions, as well as the addition of an 8 -foot high block wall at approximately the same location where the soundwall was previously addressed in the 1990 FEIS /EIR, the Project would not result in substantial changes in visual character as analyzed in the 1990 FEIS /EIR. Implementation of mitigation measures as included in the previously approved 1990 FEIS /EIR, including installation of a block wall as described above, would ensure that impacts are reduced to a less than significant level. Although the proposed block wall is no longer warranted for purposes of noise abatement based on the updated Project noise analysis (RBF Consulting, 2014), the wall, as further described in the 1990 FEIS /EIR, was taken into consideration as a Project - related component in the context of providing improved visual continuity within the Bristol Street corridor; not constructing the proposed block wall would detract from providing an aesthetically unified streetscape along the Project corridor. Mitigation Measures No additional new mitigation measures are required. d.) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Light and glare are currently generated from various sources within the Project area (e.g., commercial and retail businesses, signage, street lighting, and parking lot lighting). The proposed Project does not involve the construction of any structures other than relocation of street lighting fixtures. Therefore, no new sources of light or glare are anticipated with implementation of the proposed Project. The proposed Project would not generate additional daytime or nighttime illumination beyond that currently experienced within the area. Implementation of the proposed Project would not create more significant light and glare impacts than previously analyzed in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 27 City Council 16 – 70 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No additional new mitigation measures are required. 3.2 Agricultural Resources The previously approved 1990 FEIS/EIR did not include evaluation for agricultural resources, as no agricultural resources are located within the area of analysis. a.) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? The Project site is located within a highly urbanized area of the City of Santa Ana. No Prune, Unique, or Farmland of Statewide Importance is located in the vicinity of the Project site. No impacts would result from the proposed Project. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. b.) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. c.) Conflict with existing zoning for, or cause rezoning, of forest land (as defined in Public Resources Code section 122200), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 511040)? The Project site is located within a highly urbanized area in the City of Santa Ana. Lands within the Project area are designated General Commercial as identified in the City of Santa Ana's General Plan. The zoning designation of properties within the Project area is Specific Plan (SPI) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific. Plan document. No agricultural uses exist on site or in the vicinity, and the Project would not conflict with a Williamson Act contract as none exist in the Project area. The proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO PAGE 28 City Council 16 – 71 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue d.) Result in the loss offorest land or conversion offorest land to non forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. e.) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non- forest use? The Project site is located within a highly urbanized area in the City of Santa Ana. No forest land is located on site or in the vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed, regarding farmland, in the 1990 FEIS/EIR. Mitigation Measures No additional new mitigation measures are required. 3.3 Air Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections FI - Air Quality and V - Construction hnpacts of the previously approved 1990 FEIS /EIR. a.) Conflict with or obstruct implementation of the applicable air quality plan? The Bristol Street Widening Project is fully funded and included in SCAG's 2012 Regional Transportation Plan titled 2012 -2035 Regional Transportation Plan/Sustainable Communities Strategy RTP /SCS): Towards a Sustainable Future (2012 RTP) (RTP ID ORA125). The project is also currently listed in SCAG's financially constrained 2013 Federal Transportation Improvement Program (2013 FTIP) for fiscal year 2012/2013 — 2015/2016. The project entry in the 2013 FTIP identifies the following scope of work: BRISTOL ST (WARNER TO MEMORY LANE) WIDEN FROM 4 TO 6 LANES (IMPV AT BRISTOLlWARNER (ADD NB/EB /SB THRU LNS; WB RT TRN LN) AND BRISTOL /FIRST (ADD NB /SB THRU LNS; SB LFT /RT /TRN LNS). The Project's design concept and scope have not changed significantly from what was analyzed in the RTIP and FTIP. This analysis found that the plan and, therefore the individual projects contained in the plan, are conforming projects and would have air quality impacts consistent with those identified in the SIPS for achieving the NAAQS. The FFIWA determined the RTIP to conform to the SIP. The proposed widening of Bristol Street, from Warner Avenue to Memory Lane has been included in the FTIP since 1992. The FTIP gives priority to eligible Transportation Control Measures (TCMs) identified in the SIP and provides sufficient funds to provide for their implementation. The FHWA determined the FTIP to conform to the SIP on April 2, 2009. No significant impacts would occur. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Furthermore, the South Coast Air Basin (SCAB) is designated by the state and US Environmental Protection Agency (EPA) as nonattainment for ozone (03), and particulate matter (PM10 and PM2,5). The South Coast Air Quality Management District (SCAQMD) developed regional emissions thresholds to ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU City Council 16 – 72 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue determine whether or not a project would contribute to air pollutant violations. If a project exceeds the regional air pollutant thresholds, then the project would substantially contribute to air quality violations in the SCAB. In addition, a project would also contribute to air pollutant violations if localized emissions result in an exceedance of the ambient air quality standards (AAQS). Based on the Air Quality Assessment Report performed by URS Corporation (2013a) for the Project, short -tern emissions generated during Project - related construction activities would not exceed the SCAQMD regional emissions thresholds for any of the criteria pollutants and also would not substantially elevate localized concentrations of these pollutants. Consequently, the Project would be consistent with the Air Quality Management Plant (AQMP). Long -tern emissions generated by the Project would not exceed the SCAQMD thresholds for regional emissions and would therefore also not contribute to an increase in frequency or severity of air quality violations. The proposed Project would be consistent with the Major Arterial designation of the City of Santa Ana General Plan Circulation Element and the County of Orange's Master Plan of Arterial Highways. Additionally, the Project would improve traffic flow and result in a reduction in air pollutant emissions. Mitigation Measures No additional new mitigation measures are required. b.) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Short-tern emissions were modeled for the construction phase of the proposed Project. Construction activities associated with the Project would include demolition of pavement and buildings, fine grading, trenching, paving, and development of ancillary structures. During construction activities, emissions from heavy equipment exhaust, delivery trucks, and fugitive dust would be generated for a short duration. To accurately determine the significance of air quality impacts from construction activities, construction emissions are quantified and compared to the significance thresholds set by the SCAQMD. Project - specific data, such as construction timelines and dimensions of the Project site, along with general operating guidelines, were used as inputs to the SCAQMD's California Emissions Estimator Model CalEEMOd) (version 2011.1.1) to quantify construction emissions. As shown in Table 2, emissions calculated by this model were compared to the SCAQMD's regional significance thresholds to determine whether project emissions would result in a significant air quality impact. As shown in Table 2, emissions attributable to construction of the proposed Project were found to be below the significance thresholds adopted by the SCAQMD for all the analyzed air pollutants. Because emissions were found to be below the SCAQMD's significance thresholds, Project related constriction emissions are not considered by the SCAQMD to result in a significant air quality impact. In addition, mitigation measures included in the 1990 FEIS /EIR would further reduce construction - related air quality impacts. ANA 305 -011 (PER 02) CITY OF SANTA ANA (0 [/19/2015) YU PAGE 30 City Council 16 – 73 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue TABLE 2 PROJECT RELATED CONSTRUCTION EMISSIONS Demolition VOC NOx CO S02 PMI0 PM2.5 70 44 <1 12 3 Trenching 5 41 19 <1 2 2 Grading 8 60 34 <1 6 4 Paving 3 16 11 <1 2 1 Maximum 9 70 44 <1 12 4 SCAQMD Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: Air Quality Assessment Report (URS 2013a), Notes: VOC = volatile organic compounds; NOx = nitrogen oxides; CO = carbon monoxide; S02 = sulfur dioxide; PMlo = particulate matter less than less than or equal to 10 microns in diameter; PM25 = particulate matter less than less than or equal to 2.5 microns In diameter An assessment of regional emissions associated with the operations phase of the proposed Project was also conducted which compared emissions with and without the proposed Project. Air pollutant emissions generated by roadway vehicles are quantified based on emissions rates that vary based on vehicle speed. Because the proposed Project would increase the roadway capacity along Bristol Street, traffic congestion would be alleviated and average vehicle speeds would increase along improved roadway segments. Table 3 shows the emissions that would occur with and without the proposed Project based on the average vehicle speeds. As shown in Table 3, air pollutant emissions would be less under the With- Project Alternative as opposed to the No Project Alternative due to the lower emission rates associated with higher average vehicle speeds. The SCAQMD has established significance thresholds to determine whether the operations phase of projects would result in significant impacts to regional air quality. The proposed Project would result in air pollutant emissions which are below these significance thresholds and would result in a beneficial impact on air pollutant emissions due to improvements in operational phase efficiencies along Project roadway segments for the 2015 Project opening year. Emissions occurring during the 2035 design year were also quantified based on the LOS, average vehicle speed and emission rates that would occur with and without the proposed Project. As shown in Table 4, air pollutant emissions occurring under the With- Project Alternative would be less than under the No Project Alternative due to lower emission rates associated with higher average speeds. Consequently, the Proposed Project for the 2035 Project design year would likewise result in emissions which are below the SCAQMD's significance thresholds and would result in a beneficial impact relative to greenhouse gas GHG) emissions due to improvements in operational phase efficiencies along Project roadway segments. Mitigation Measures No additional new mitigation measures are required. TABLE 3 YEAR 2015 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS ROADWAY - AVERAGE INTERSECTION VEHICLE CO ROG NOX SOz PM10 I'l SPEED Year 2015 No Protect Civic Center Drive and Washington Avenue Bristol Street 13 69 12 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 31 City Council 16 – 74 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Civic Center Drive and -24 -3 -4 0 -1 -1 Washington Avenue SCAQMD Significance Thresholds 550 55 55 150 150 55 Exceeds Thresholds Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMIo = particulate matter less than less than or equal to 10 microns In diameter; PM2,5 = particulate matter less than less than or equal to 2.5 microns in diameter, TABLE 4 YEAR 2035 WITH AND WITHOUT PROJECT AIR POLLUTANT EMISSIONS Year 2035 No Protect Bristol Street Between Civic Center Drive and 13 35 3 6 0 2 2 Washington Avenue Year 2035 with Project Bristol Street Between Civic Center Drive and 20 29 2 4 0 2 1 Washinaton Avenue Difference between No Proiect and with Proiect Emissions Bristol Street Between Civic Center Drive and -6 -1 -1 0 -1 -1 -6 Washington Avenue SCAQMDISignificance 550 55 55 150 150 55 Exceeds Thresholds No No No No No No Source: Air Quality Assessment Report (URS 2013a). Notes: mph = miles per hour; CO = carbon monoxide; ROG = reactive organic gases; NOx = nitrogen oxides; S02 = sulfur dioxide; PMio = particulate matter less than less than or equal to 10 microns in diameter; PM2,5= particulate matter less than less than or equal to 2,5 microns in diameter. c.) Result in a cumulatively considerable net increase of any criteria pollutantfor which the project region is non - attainment under an applicable federal or state ambient air quality standard including releasing emissions which exceed quantitative thresholds for ozone precursors) ? The SCAB is designated by the EPA and the State as being nonattainment for 03, PM10, and PM2,5. In accordance with SCAQMD methodology, any project that does not exceed or can be mitigated to less than the daily threshold values does not add significantly to a cumulative impact. As mentioned above, the development of the proposed Project demonstrates that construction and operational activities would not result in emissions in excess of SCAQMD's threshold values. Since the proposed Project would not exceed the SCAQMD's significance thresholds for construction activities or the operations phase, the SCAQMD does not consider emissions from the Project's emissions to add significantly to any cumulative impact. Furthermore, it should be noted that the proposed Project would increase the capacity ANA 305 -011 (PER O2) CITY OF SANTA ANA (01/19/2015) YU PAGE 32 City Council 16 – 75 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue of Bristol Street from Civic Center Drive to Washington Avenue to address existing and projected traffic congestion. Increases in roadway capacity would result in improvement in the LOS along Bristol Street. The improvement in LOS would result in increases in average vehicle speed and reductions in the amount of delay vehicles experience at intersections thereby resulting in both lower emissions and lower emissions rates associated with higher vehicle speeds. As such, the Project would continue to result in a beneficial impact. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. d.) Expose sensitive receptors to substantial pollutant concentrations? A project could have the potential to expose sensitive receptors to elevated pollutant concentrations if it would cause or contribute substantially to elevated pollutant concentration levels or place the Project in an area with elevated pollutant concentrations. An evaluation of air pollutant emissions as it affects local sensitive receptors has been conducted for both the construction and operations phases of the Project. Localized Construction Impacts Localized air pollutant emissions are evaluated relative to the exposure of local sensitive uses to air pollutant concentrations generated by the proposed Project. These are pollutant concentrations which can be directly correlated to the health -based ambient air quality standards. This differs from regional emissions which were discussed previously in that regional emissions are used to assess how much air pollution is generated within an air basin and does not have a direct correlation with health effects. Localized Significance Thresholds (LSTs) have been developed by the SCAQMD for nitrogen oxides NOx), carbon monoxide (CO), PMIo, and PM2.5• The LSTs determine whether project - related emissions would substantially contribute to or exceed the ambient air quality standards and expose sensitive receptors to excessive concentrations of air pollutants. The LSTs differ based on distance such that a greater allowance in air pollutant emissions is allowed for construction activities occurring further from a sensitive use and a lesser allowance in emissions is given for construction activities occurring closer to sensitive uses. Only short -term emissions occurring at the Project site for the Project's construction phase were included to determine if sensitive receptors local to the Project site would be adversely affected. Emissions generated by construction activities disperse rapidly with distance from the construction site. Individual construction phases were compared against the SCAQMD's LST significance criteria. As shown in Table 5, Project emissions would not exceed the EST screening level criteria for CO, nitrogen dioxide (NO2), PMIO, or PM2.5. Because emissions associated with this alternative would be less than the LST, onsite construction emissions would not be expected to exceed the federal or California AAQS at the nearest sensitive receptors. As such, no significant air quality impacts related to localized air pollutants would occur from the construction phase. TABLE 5 LOCALIZED SIGNIFICANCE THRESHOLDS ANALYSIS FOR CONSTRUCTION ACTIVITIES TRUCTION PHASE Demolition NOx 66 41 60 34 ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU CO PMI0 PM2.s City Council 16 – 76 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue x iCRITEjA i p_L1 UiSl! BIfA l A & R31 `PMN'THAbE NOx CO PM10 PMes Trenching 41 19 2 2 Paving 16 11 1 1 SCAQMD Threshold 183 1253 13 7 Exceeds Threshold? No No No No Source: Air Quality Assessment Report (URS 2013a), Notes: NOx =nitrogen oxides; CO =carbon monoxide; PMro =particulate matter less than less than or equal to 10 microns in diameter; PM2.5 = particulate matter less than less than or equal to 2.5 microns in diameter. Intersection Hot -Spots While the proposed Project would not result in any direct sources of localized emissions due to the roadway street lighting being powered by electricity, changes in LOS or traffic volumes due to the Project may cause indirect sources of localized emissions. While emissions of motor vehicles have improved due to more stringent vehicle emissions standards and the use of cleaner burning fuels, they continue to be the primary source of local emissions within the study area. Localized areas where ambient concentrations exceed national and/or state standards for CO are known as hotspots. The SCAQMD defines typical sensitive receptors as residences, schools, playgrounds, childcare centers, athletic facilities, long -term health care facilities, rehabilitation centers, convalescent centers, and retirement homes. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Areas of vehicle congestion have the potential to create pockets of CO called "hot spots." These pockets have the potential to exceed the state one -hour standard of 20 parts per million (ppm) or the eight -hour standard of 9 ppm. Note that the federal levels are based on one- and eight -hour standards of 35 and 9 ppm, respectively. Thus, an exceedance condition would occur based on the state standards before the federal standards. The following intersections were modeled for CO hotspots as detailed in the Air Quality Assessment Report (URS 2013a): Bristol Street and 17"' Street Bristol Street and Washington Avenue As shown in Table 6, both the 1- and 8 -hour CO concentrations at the intersections that were affected by the proposed Project would be substantially below the California and federal AAQS for CO. Potential CO impacts related to the Project alternatives are below AAQS and would not result in a significant air quality impact from CO hotspots. TABLE 6 CO HOTSPOT ANALYSIS (PPM) CONCENTRATION CAAQS CONCENTRATION CAAQS 1 -Hour 8 -Hour Bristol Street and Civic Center Drive Bristol Street and Washington Avenue ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 34 City Council 16 – 77 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 20 4.5 20 4.5 20 4.5 Source: Air Quality Assessment Report(URS 2013a), Note: CAAQS = California Ambient Air Quality Standards. 1 -Hour 8 -Hour As discussed previously, the proposed Project would not result in air pollutant concentrations that exceed the SCAQMD's LSTs for construction activities. In addition, the operations phase of the Project would not result in CO hotspots. As such, the construction and operations phases of the Project would not result in significant impacts to air quality which would expose sensitive receptors to substantial air pollutant concentrations. Mitigation Measures No additional new mitigation measures are required. e.) Create objectionable odors affecting a substantial number of'people? Construction activities associated with the proposed Project may generate detectable odors from heavy - duty construction equipment and exhaust. Odors associated with diesel and gasoline fumes are transitory in nature and would not create objectionable odors affecting a substantial number of people. The impacts from these odors would be short -term, would cease upon Project completion, and are not anticipated to be significant. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No additional new mitigation measures are required. 3.4 Biological Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection E - Streambed Modification, of the previously approved 1990 FEIS /EIR. a.) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? The Project site is located within a highly urbanized area within the City of Santa Ana. No sensitive natural habitat or special- status species exist on or in the vicinity of the proposed Project (Natural Environment Study [Minimal Impacts], URS Corporation, April 2011). Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE City Council 16 – 78 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Refer to response in 3.4 (a.), above. No riparian habitat or other sensitive natural communities are identified in the Project area or vicinity. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Refer to response in 3.4 (a.), above. No federally protected wetlands are identified in the Project area or vicinity. The proposed Project is located within a highly urbanized area of the City of Santa Ana. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The proposed Project is located within a highly urbanized area of the City of Santa Ana. The Project would not interfere with the movement of any native resident or migratory fish or wildlife species, corridors, or impede the use of native wildlife nursery sites, as none are located within the Project area. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed Project may result in the removal of existing landscaping, including trees. As such, removal or planting of trees is required to comply with the City of Santa Ana Municipal Code, Chapter 33, Article VII, Regulation of the Planting, Maintenance, and Removal of Trees. Furthermore, the proposed Project would not conflict with the City's tree ordinance. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 36 City Council 16 – 79 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The Project site is not located within a habitat conservation plan. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.5 Cultural Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection T - Cultural Resources, of the previously approved 1990 FEIS /EIR. a.) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? A Historic Property Survey Report (Applied Earthworks, 2015) was prepared for the Project to document identification, recordation, and evaluation efforts for architectural resources, such as buildings, structures, objects, districts, and linear features within the Project area. The Historic Property Survey Report concludes with the finding that none of the properties within the Area of Potential Effect (APE) appear to meet the criterion for listing in the National Register of Historic Places or California Register of Historical Resources (CRHR). The historic - period properties within the APE also have been evaluated in accordance with Section 15064.5(a)(2) -(3) of the CEQA Guidelines, using the criteria outlined in Section 5024.1 of the California Public Resources Code (CPRC), and do not appear to be historical resources for purposes of CEQA. Implementation of the proposed Project would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? Due to the limited area of disturbance, within an existing developed and urban area, and limited depth of proposed excavations, the potential to uncover archaeological resources is considered low. However, implementation of mitigation measures as included in the previously approved 1990 FEIS/EIR would reduce impacts to archaeological resources yet uncovered or undiscovered. The proposed Project would not result in archaeological impacts greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? As documented in Chapter VI, Resources Element, of the County of Orange General Plan, the Project site is not located in an area of paleontological sensitivity. Also, the proposed Project would involve only shallow excavation. Furthermore, since the Project area is already developed, the potential for discovering paleontological resources during construction is low. Soils occurring in the Project area are mostly Quaternary Alluvium. Typically, these deposits are less than 10,000 years old, and not likely to contain 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 37 City Council 16 – 80 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue important fossils. No greater impacts to paleontological resources than previously analyzed in the 1990 FEIS /EIR would result from Project implementation. Mitigation Measures No new additional mitigation measures are required. tb) Disturb any human remains, including those interred outside offormal cemeteries? The Project site is located within a highly urbanized area within the City of Santa Ana. No formal cemeteries are located within the Project area or vicinity. However, in the event that human remains are uncovered during grading or excavation, contractors are required to comply with the procedures and requirements set forth in the California Health and Safety Code Section 7050.5 and CPRC Section 2098.98. The County Coroner and, in the event that the remains are Native American, the Native American Heritage Commission would be notified and, in turn, would notify those persons believed to be most likely descended from the deceased for appropriate disposition of the remains. The proposed Project would not result in an impact to human remains greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.6 Geology and Soils This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections A - Landform Modification, B - Seismic Hazards, C - Erosion Impacts, and F - Water Quality, of the previously approved 1990 FEIS/EIR. a.)i Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. The City of Santa Ana is not included in the Alquist - Priolo Earthquake Fault Zoning Map. The Project site is not underlain by an active fault and the closest fault, the Newport- Inglewood Fault, is approximately eight miles to the west. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS/FIR. Mitigation Measures No new additional mitigation measures are required. a.)ii Strong seismic ground shaking? The Newport- Inglewood Fault is the closest fault to the Project site and is the most likely source of ground shaking impacts. The proposed Project is an intersection widening project and would not expose people or structures to adverse ground shaking impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 38 City Council 16 – 81 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue a.)iii Seismic- relatedgroundfallure,including liquefaction? The Project site is not identified by the 1990 FEIS /EIR as having a high liquefaction potential but is near areas classified as having high to medium liquefaction potential. In addition, the Project would be constructed to achieve the standards outlined in the California Building Code to reduce impacts in this regard. Consequently, the proposed Project would not expose people or structures to potential liquefaction impact. The proposed widening would not result in greater impacts than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. a.)iv Landslides? The proposed Project site is generally flat and does not contain any significant slopes. The proposed Project would not result in greater impacts than previously analyzed in the 1990 Final EIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Result in substantial soil erosion or the loss of topsoil? Exposure of barren rock and soil surfaces during construction would result in soil erosion. However, considering the slight gradient, anticipated erosion impact is minimal. Furthermore, the Project would be subject to National Pollutant Discharge Elimination System (NPDES) permitting regulation, including the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP) during construction activities. The SWPPP requires construction contractors to implement best management practices (BMPs) to reduce sediment from impacting the storm water system. The increased erosion impact due to the intersection widening would not be substantially greater than previously analyzed. c.) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? The 1990 FEIS /EIR indicated that there are no instances of undisturbed, natural soils. The Project site is underlain by well - drained alluvial fan or flood plains and is not included in the areas of high subsidence or high liquefaction hazard (but located south of an area identified as having high to medium subsidence for liquefaction). The Project area is fully developed with urban uses within the City of Santa Ana. The proposed Project would be constructed in accordance with the standards of the Uniform Building Code UBC). The proposed Project would not create greater impact than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO PAGE 39 City Council 16 – 82 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue The proposed Project would not include the construction of any structures other than relocation of existing utilities. The proposed Project would not create substantial risks to life or property and the proposed Project would not create greater impacts than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposed Project would not generate any sewage or wastewater and would not require installation of any septic tanks or alternative wastewater systems. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. 3.7 Greenhouse Gas Emissions This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections H - Air Quality, and V - Construction Impacts of the 1990 FEIS/EIR. a.) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Greenhouse gas emissions (GHG) were not evaluated in the 1990 FEIS/EIR. Construction activities would consume fuel and result in the generation of GHG emissions. Construction of the Project is anticipated to occur over a one -year period. Construction - related GHG emissions would cease upon completion of the Project. Due to the length of construction activities, GHG emissions associated with construction activities are anticipated to be minimal. Because construction emissions are not substantial and would cease after completion of construction, GHG emissions would not be significant. Furthermore, the Project proposes intersection widening of Bristol Street at 1701 Street and Washington Avenue, therefore only carbon dioxide (CO2) emissions from mobile - sources are evaluated. Similar to the other criteria pollutants, the highest emissions would occur between 0 to 10 miles per hour (mph) and 50 mph and above. Because the Project would improve traffic flow within the Project area, the Project would result in reduced CO2 emissions. Consequently, GHG emissions associated with the Project would be less than significant. Mitigation Measures No mitigation measures are required. b.) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions ofgreenhouse gases? The proposed Project would not conflict with applicable plans, policy, or regulations adopted for the purpose of reducing the emissions of GHG. The proposed Project would result in improved traffic flow, reduced vehicle idling times, and congestion. Implementation of the proposed Project would not result in new impacts to GHG. ANA 305 -011 (PER 02) CITY OF SAN"I'A ANA (01/19/2015) YU PAGE 40 City Council 16 – 83 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Mitigation Measures No mitigation measures are required. 3.8 Hazards and Hazardous Materials This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections V - Construction Impacts, X - Hazardous Materials, of the 1990 Final EIS /EIR. a.) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed Project would involve demolition of existing structures. Compliance with the standard protocol surveys and abating procedures would be required prior to any demolition activities that would potentially disturb existing building materials. Furthermore, specific requirements limiting asbestos emissions from building demolition activities are set forth in SCAQMD Rule 1403 (Asbestos Emission from Demolition/Renovation Activities). The existing structures to be demolished and roadway pavement striping are also required to be surveyed for lead -based paint prior to removal, in compliance with the applicable local, state, and federal regulations administered through the California Division of Occupational Safety and Health. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No mitigation measures are required. b.) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Refer to response in 3.8 (a.), above. Compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed. Mitigation Measures No new additional mitigation measures are required. C.) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? As listed below in Table 7, there are four schools located within approximately one - quarter mile of the Project site. TABLE 7 SCHOOLS WITHIN THE PHASE IIIA PROJECT AREA SCHOOL NAME ADDRESS, DISTANCE. LOCATION Gonzalo Felicitas Mendez Fundamental 2000 North Bristol Street 0.17 mile Northwest of Bristol Street at 17t" Intermediate School Santa Ana, CA 92706 Street intersection Love 2 Learn Preschool & K 1200 West 17th Street 0.10 mile East of Bristol Street at 17th Street Santa Ana, CA 92706 intersection Woodrow Wilson Elementary School 1317 North Baker Street 0.16 mile Northeast of Bristol Street at Santa Ana CA 92706 Washington Avenue intersection Heroes Elementary School 1111 W Civic Center Drive 0.25 miles East of Bristol Street at Civic Santa Ana, CA 92703 Center Drive intersection ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 41 City Council 16 – 84 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue George Washington Carver 1401 W Santa Ana Boulevard 0.25 miles Southwest of Bristol Street at Civic Elementary School Santa Ana, CA 92703 Center Drive intersection Santa Ana College 1530 West 17th Street 0.20 mile West of Bristol Street between Santa Ana, CA 92706 Washington Avenue and 17th Street Refer to response in 3.8 (a.), above. Health risks associated with Project construction- related activities would be less than significant. Compliance with existing regulations would ensure that impacts are not greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Project area is developed with residential, institutional, open space, commercial and retail uses. Pursuant to the Phase I Initial Site Assessment Update prepared by RBF Consulting (2015), the Project site includes a former service station location where gasoline was reported to have contaminated the groundwater; the site was under -going site remediation through appropriate state and local agency standards as required. To that end, the Santa Ana Regional Water Quality Control Board issued a case closure letter dated September 3, 2014 stating that no further action was required for the site. Compliance with existing regulations and mitigation measures from the 1990 FEIS/EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within an airport land use plan. The closest airport to the site is John Wayne — Orange County Airport, more than five miles southeast of the Project site. The proposed widening would not introduce any new risks or increase risks associated with the Project. Mitigation Measures No new additional mitigation measures are required. f.) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The Project site is not within the vicinity of a private airstrip and would not create any safety hazard. The proposed Project would not create additional significant impact. ANA 305 -01 t (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 42 City Council 16 – 85 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. g.) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? During construction, the disruption of traffic and access along Bristol Street between Civic Center Drive and Washington Avenue would temporarily affect the mobility of emergency vehicles. However, provisions would be made for interim access through the Project corridor and to adjoining properties; traffic control plans would be prepared detailing provisions for vehicular movement and access through the Project corridor during construction. Advance warning and information signs would be used to inform motorists during the construction process. It is expected that two -way travel would be maintained along Bristol Street during construction. Although the proposed Project may interfere with an emergency evacuation plan, it would be short term during construction and mobility would improve once the Project is completed. Compliance with mitigation measures from the 1990 FEIS /EIR would ensure that impacts are not greater than previously analyzed in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. h.) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed Project is located in a highly urbanized area of the City of Santa Ana. There are no wildlands in the Project vicinity and no new significant impacts would result with Project implementation. Mitigation Measures No new additional mitigation measures are required. 3.9 Hydrology and Water Quality This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections C - Erosion Impacts, D - Floodplain /Floodway Encroachment, and F - Water Quality of the 1990 FEIS /EIR. a.) Violate any water quality standards or waste discharge requirements? Under Section 402 of the Clean Water Act (CWA), the EPA has established regulations under the NPDES program to control direct storm water discharges. The proposed Project would be required to comply with the NPDES program for the Santa Ana Regional Water Quality Control Board. Construction Activities Grading and excavation and use of hazardous materials during Project - related construction activities would create potential sources of polluted discharge. The construction contractor is required to conforin to the requirements of the General Permit for Discharges of Storm Water Associated with Construction Activity. Pursuant to the CWA, in 2009 the State Water Quality Control Board issued a statewide General Construction Permit for stonnwater discharges from construction sites (NPDES No. CAS000002; Order ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 43 City Council 16 – 86 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue No. 2009 - 2009 -DWQ, amended as Order No. 2012 - 0006 -DWQ). Under this General Construction Permit, discharges of stormwater from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for stormwater discharges or to be covered by the General Construction Permit. In addition, BMPs specified in the Caltrans Storm Water Management Plan are also applicable. The construction contractor is required to conform to the requirements of the General NPDES Permit for Construction Activities and any subsequent General Permit in effect at the time of Project construction. As part of the statewide NPDES permit, the construction contractor would be required to implement BMPs into their construction operations to reduce potential water quality impacts to the maximum extent practicable through preparation of a SWPPP. The General Construction Permit contains requirements that BMPs must meet, including: Erosion Control Erosion control, also called stabilization, is the protection of the soil surface so that soil particles do not become detached by water or wind; and trapping soil particles that do become detached and are moved by water or wind. Non - Stormwater Management Non - stormwater management is the reduction or avoidance of discharges other than stormwater, such as from cleaning of vehicles and equipment, and spills of hazardous materials and hazardous wastes. Non - stormwater management includes requirements for the use and storage of hazardous substances so as to avoid spills and minimizes pollution by cleaning spills that do occur. The SWPPP contains BMPs chosen for a project based on the specific activities that would be conducted as part of that project, and the amounts of stormwater and non-stormwater runoff that are anticipated, and the projected Risk Level. The 1990 FEIS /EIR included a mitigation measure to control stormwater runoff associated with construction activities. Impacts would be less than significant and would be similar to those identified in the 1990 FEIS/EIR. Moreover, the Project would comply with the updated NPDES requirements, as described above. Operational Phase Vehicular travel along the improved Project corridor has the potential to degrade water quality, including increases in such pollutants as oil, gasoline, grease, lead, and dust. Discharge from the Project site to stormwater facilities would consist of non -point sources. Stormwater quality is generally affected by the length of time since the last rainfall, rainfall intensity, urban uses of the area, and the quantity of transported sediments. Typical urban water quality pollutants usually result from motor vehicle operations, oil and grease residue. The majority of pollutant loads are usually washed away during the first flush of the storm occurring after the dry season period. Due to the nature of the proposed Project, occurring within an existing developed area, Project impacts are not considered adverse. Therefore, impacts to water quality would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of'the local groundwater table level (e.g., the production rate ofpre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? ANA 305 -011 (PER 02) Cr1'Y OF SANTA ANA (01/19/2015) YU PAGE 44 City Council 16 – 87 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue The proposed widening of Bristol Street, as addressed herein, would not result in increased water consumption and would not deplete groundwater supplies. No impact to groundwater supplies would result from the proposed Project. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? The proposed Project would not alter the existing drainage pattern in the area. Storm drain improvements would include the relocation and /or construction of catch basins and lateral drainage lines as necessary. Therefore, implementation of the proposed Project would not result in a substantial erosion or siltation on- or offsite due to drainage alteration. No mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? Refer to response in 3.9 (c), above. The proposed Project would not result in a substantial increase in impervious ground surfaces, and therefore would not increase the rate or amount of surface runoff so as to create on- or off -site flooding. Impacts would not be greater than previously analyzed in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems orprovide substantial additional sources ofpolluted runoff? Refer to response in 3.9 (c), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Otherwise substantially degrade water quality? Refer to response in 3.9 (c.), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -0I1 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 45 City Council 16 – 88 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue g.) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The proposed widening would not place any housing within a 100 -year flooding zone as mapped by the Federal Emergency Management Agency; therefore, no impact would result from the proposed Project in that regard. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. h.) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? Refer to response in 3.9 (g), above. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. i.) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The proposed Project does not involve the development or placement of any structures, with exception of relocation of utility poles. Therefore, the Project would not expose people or structures to a significant flooding risk beyond that which already exists. No impact would result from the proposed Project. Mitigation Measures No new additional mitigation measures are required. j.) Inundation by seiche, tsunami, or mudflow? The Project site is located approximately 10 miles inland from the Pacific Ocean; therefore, the likelihood of tsunami impacting the site is minimal. The Project site and vicinity are highly urbanized and there is no unusual slope or geologic features in the area. The potential for seiche, tsunami, or mudflow impacting the Project site is less than significant. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measure No new additional mitigation measures are required. 3.10 Land Use and Planning This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection A - Landform Modification, of the 1990 FEIS /EIR. a.) Physically divide an established community? The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue; the proposed widening would not divide an established community. Although the proposed widening of Bristol Street within the Project limits would result in full acquisition of existing properties, ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 46 City Council 16 – 89 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue the Project would not create a physical barrier to, or separate a community. The proposed Project would not introduce any significant land use impacts than previously analyzed. No significant impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? According to the City of Santa Ana's General Plan, the Project area is designated General Commercial GC). The zoning designation of properties within the Project area is Specific Plan (SP I) which allows for a variety of land uses such as commercial, office, residential and open space as provided in the approved Specific Plan document. The proposed Project would not result in changes to the land use designation of the acquired parcels. The proposed Project is in compliance with the existing designation and would not create a new conflict. No significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. c.) Conflict with any applicable habitat conservation plan or natural community conservation plan? The Project site is not a part of any habitat conservation plan, and is located within a highly urbanized area within the City of Santa Ana. The proposed widening would not conflict with any habitat conservation plan or natural community. No impact is anticipated. Impacts would be similar to those identified in the 1990 FEISBIR. Mitigation Measures No new additional mitigation measures are required. 3.11 Mineral Resources This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection W - Consumption of Renewable and Non - Renewable Resources of the 1990 FEISBIR. a.) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? The Project site is currently developed and does not contain any areas that are utilized for the extraction of mineral resources. Furthermore, the proposed Project would not involve excavation that would likely identify previously unidentified mineral resources. No impact to mineral resources would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YO PAGE 47 City Council 16 – 90 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue b.) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The Project site is currently developed and is not delineated as a mineral resources recovery site by the City of Santa Ana General Plan. Implementation of the proposed Project would have no impact on the mineral resources and no mitigation measures are necessary. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.12 Noise This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections I - Noise, and V - Construction Impacts of the 1990 FEIS/EIR. a.) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposed Project involves widening of Bristol Street between Civic Center Drive and Washington Avenue in an area that consists primarily of residential and commercial uses (Category C) along Bristol Street within the Project limits. As detailed in the Supplemental Technical Noise Study Memorandum prepared by RBF Consulting (2014), noise abatement in the form of noise barriers, as originally presented in the 1990 FEIS /EIR, is not required for the Phase IIIA Project using current noise modeling methodology. Mitigation Measures No mitigation is required related to the operational (with - widening) phase of the Project; noise abatement in the form of noise barriers (sound walls) is no longer required based on the updated Project noise analysis. b.) Exposure ofpersons to or generation of excessive groundborne vibration or groundborne noise levels? Refer to response in 3.12 (a.), above. During Project construction, noise associated with construction may intermittently dominate the noise environment in the immediate area of constriction. As described in the Noise Study Report prepared by URS Corporation (2012c), typical constriction equipment for roadway construction is expected to generate noise levels ranging from 74 to 89 decibels (dB) at a distance of 50 feet. However, no additional adverse noise impacts from construction are anticipated as construction would comply with the City of Santa Ana Municipal Code, which limits construction noise to the least noise sensitive portions of the day. Construction equipment would be properly fitted and maintained according to the manufacturer's specifications. Furthermore, construction noise would be short -term, temporary, and cease upon completion of the proposed Project. Impacts would be similar to those identified in the 1990 FE1S /EIR with implementation of mitigation measures, as identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 305 -01 I (PER 02) CITY OF SANTA ANA (01/19/2015) YO PAGE 48 City Council 16 – 91 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue c.) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response in 3.12 (a.) and (b), above. Mitigation Measures No new additional mitigation measures are required. rl) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Refer to response 3.12 (b.), above, for discussion regarding temporary noise impacts associated with Project construction. Mitigation Measures No new additional mitigation measures are required. e.) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The Project site is not located within an airport land use plan. The nearest airport is the John Wayne — Orange County Airport, located more than five miles from the proposed Project. No impacts would occur. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. J.) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Refer to response 3.12 (e.), above. The proposed Project is not located within the vicinity of a private airstrip. Mitigation Measures No new additional mitigation measures are required. 3.13 Population and Housing This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections L - Population, M - Housing Displacement, N - Business Displacement, O - Impacts on Neighborhood Character and Minority Groups, and R - Effect on Assessed Property Values, of the 1990 FEIS /EIR. No take of residential parcels is proposed as part of this Project. a.) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 49 City Council 16 – 92 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue, within a highly urbanized and built out area. The proposed Project is designed to accommodate the existing and future traffic volume and would not create significant numbers of new trips. The roadway segments and intersections within the Project area function at acceptable levels of service and, as such, are not expected to be significantly impacted to an unacceptable level of service by any additional traffic generated from the proposed Project. The proposed widening would not result in additional impact. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? A Relocation Impact Study Technical Memorandum was prepared by POWER Engineers, Inc. (2015) to identify potential impacts on residential and non - residential occupants as a result of the proposed Project. The parcels identified for acquisition are defined as distinct locations where residential and non- residential displacement could occur along the Project alignment. A total of 20 parcels (see Table 1) would be fully acquired as a result of the proposed widening of Bristol Street between Civic Center Drive and Washington Avenue (refer to Figure 4 for the locations of affected properties). More specifically, the proposed Project, and its associated right -of -way requirements, would result in the full acquisition by the City of Santa Ana, of 17 single - family residential parcels; two parcels representing commercial /utility uses; and one parcel characterized as office -type use. Parcel 405- 262 -26 is within the project limits; however, this parcel is owned by the City. Based on the Relocation Impact Study Technical Memorandum (POWER Engineers, Inc. 2015), comparable relocation properties appear to be available in the metropolitan Santa Ana area in sufficient quantity, the need to provide replacement housing would not be triggered as a result of implementing the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Project - related acquisitions would comply with policies pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as implemented by the City of Santa Ana. Mitigation Measures No new additional mitigation measures are required. c.) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Refer to response 3.13 (b.), above. Prior to displacement, residential and non - residential displacees would be presented with information regarding comparable replacement properties that are available within the last six months for rent, lease, or purchase regardless of race, color, religion, sex or national origin, and would be consistent with the requirements of Title VI of the Civil Rights Act of 1968. Impacts would be similar to those identified in the 1990 FEIS /E[R. Mitigation Measures No new additional mitigation measures are required. ANA 305 -Ot I (PER 02) CITY OP SANTA ANA (01/1912015) YU PAGE 50 City Council 16 – 93 9/17/2024 ENVIRONMENTAL IMPACTREPORTADDENDUM Bristol Street Widening Phase IIIA — Civic Center Drive to Washington Avenue 3.14 Public Services This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections P - Impacts on Community Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. a.) Pire Protection? The proposed Project includes the widening of the existing Bristol Street and no increase in demand for fire protection services would occur with implementation of the proposed Project. Furthermore, the proposed Project would result in positive impacts as a result of greater congestion relief and increased mobility in the vicinity for motor vehicles including emergency vehicles. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. b.) Police Protection? Refer to response for Section 3.14 (a.), above. The proposed Project would reduce congestion and traffic idling times, and therefore, increase mobility of emergency vehicles, including police vehicles. The proposed Project would not result in the need or increase the demand for police services in the area. Mitigation Measures No new additional mitigation measures are required. c.) Schools? No schools would be impacted by the proposed Project and no school services would be affected by the proposed Project (see response to Section 3.8 (c.), above, for information regarding schools in the vicinity of the Project). Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. d.) Parks? There are no parks within the Project limits, and no park services would be increased or impacted as a result of the proposed Project. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Other public facilities? The proposed Project entails the widening of Bristol Street between Civic Center Drive and Washington Avenue, and would not generate demands for public facilities. Impacts would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 51 City Council 16 – 94 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA —Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. 3.15 Recreation This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsection P - Impact on Recreational Facilities, of the 1990 FEIS /EIR. a.) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposed Project involves the widening of Bristol Street between Civic Center Drive and Washington Avenue within a highly urbanized and built -out area in the City of Santa Ana; the widening of Bristol Street would not induce growth, nor create demand for recreation - related services. Furthermore, the proposed Project would not result in the physical deterioration of recreational facilities. No mitigation measures are required with regards to recreational resources. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Refer to response 3.15 (a.), above. The proposed Project does not include, nor would it require, construction or expansion of recreational facilities. Therefore, no adverse physical impact on the environment would occur from such facilities as a result of the proposed Project. No mitigation measures are required. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.16 Transportation /Traffic This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections U - Impacts to Transportation Facilities, and V - Construction Impacts of the 1990 FEIS /EIR. As stated in Section 1.0, the proposed Project eliminates the dedicated eastbound right -tum lane and proposes a shared right -turn lane in its place at the intersection of Bristol Street and 17 °i Street. a.) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. The proposed Project is consistent with the applicable plans, ordinances and policies establishing measures of effectiveness for the performance of the circulation system as described in the 1990 FEIS /EIR. The widening of Bristol Street was designated in the Orange County Master Plan, and was ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU PAGE 52 City Council 16 – 95 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue recommended in the Bristol Street Corridor Study — Final Report prepared by Motile, Grover & Associates (1983). It was also recommended in the Arterial Highway Element — Santa Ana Element — Santa Ana Transportation Corridor State II Alternative Analysis prepared by Parsons, Brinkerhoff, Quade and Douglas, Inc. (1983). The proposed widening is also consistent with the recommendation found in the Intercity Liaison Committee — Five -Year Transportation Study Update to 1990 prepared by Basmaciyan- Darnell, Inc. (1985). Furthermore, the proposed Project would improve traffic operations through the Project corridor. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. b.) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency./or designated roads or highways? The proposed Project would result in an improvement to Bristol Street from Civic Center Drive to Washington Avenue. Within the Project limits, Bristol Street would be widened from four to six lanes. The proposed Project includes the addition of a westbound right -turn lane on Washington Avenue at Bristol Street, and also eliminates the eastbound through movement on Washington Avenue at Bristol Street to match existing conditions; elimination of this through movement along Washington Avenue would not result in a reduction in level of service as evaluated in the 1990 FEIS /EIR. The Project would result in improved traffic flow and LOS along the roadway; therefore, the proposed Project would not cause the County congestion agency's LOS standards to be exceeded. Impacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. c.) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The closest airport to the site is John Wayne — Orange County Airport, located more than five miles southeast of the Project site; the proposed Project would have no impact on air traffic patterns. The proposed Project would not introduce any new risks or increase risks. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Substantially increase hazards dice to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed Project would improve the traffic flow along Bristol Street from Civic Center Drive to Washington Avenue, and would not create any sharp curves or other incompatible uses. The proposed Project would not create any significant hazards beyond what was previously analyzed. Impacts would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 53 City Council 16 – 96 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase II/A— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. e.) Result in inadequate emergency access? The proposed Project would improve traffic operations along Bristol Street in the long -term. During the construction phase traffic flow along Bristol Street within the Project limits could be temporarily affected, including the mobility of emergency vehicles; however, access, including two -way travel would be maintained through the Project corridor during construction. Traffic control plans would be prepared prior to construction to facilitate traffic movement through the Project corridor during construction. Although the proposed Project may interfere with emergency access in the short-term, it would improve emergency access once the Project is completed. The proposed Project would not result in impacts to emergency access beyond those previously identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilitles? The proposed Project would not conflict with any alternative transportation plan, and would increase safety associated with improvements to the traffic operations through the Project corridor. The proposed Project would not result in impacts greater than as described in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. 3.17 Utilities and Service Systems This section corresponds with Section IV - Environmental Consequences and Mitigation Measures, Subsections S - Effect on Utilities, and V - Construction Impacts of the 1990 Final EIS /EIR. a.) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The proposed Project would not generate wastewater. No new significant impact is anticipated. No impacts are anticipated in this regard. Mitigation Measures No new additional mitigation measures are required. b.) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing f zellitles, the construction of which could cause significant environmental effects? The proposed road widening Project would not require or result in the constriction of new water or wastewater treatment facilities or expansion of existing facilities. The existing sewer and water lines beneath Bristol Street would not be relocated. No new significant impact is anticipated. Impacts in this regard would be similar to those identified in the 1990 FEIS /EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 54 City Council 16 – 97 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. c.) Require or result in the construction of new storm water drainage facilities or expansion of existingfacilities, the construction of'which could cause significant environmental effects? The proposed Project would not substantively affect runoff volumes in the area. Rather, the Project would improve existing drainage flow by constructing properly designed curb and gutter along the edges of Bristol Street. No new significant impact is anticipated. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. d.) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The proposed Project entails the widening of Bristol Street between Civic Center Drive and Washington Avenue; such improvements would not result in any increase in water demand /consumption. Landscape improvements, if applicable, would not require any new or expanded water entitlements. The proposed Project would not create any new significant environmental impact. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. e.) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Refer to response 3.17 (a.) and (b), above. The proposed roadway widening Project would not result in an increase in wastewater production. No new significant impact is anticipated. hnpacts would be similar to those identified in the 1990 FEIS /EIR. Mitigation Measures No new additional mitigation measures are required. f.) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The proposed Project would generate construction waste on a short-term basis. Construction waste that cannot be recycled would be taken to available landfills. The predominant receiving landfill for the City is the Frank R. Bowerman Sanitary Landfill at 11002 Bee Canyon Access Road in Irvine. The landfill, which is owned and operated by the Orange County Integrated Waste Management Department, opened in 1990 and is scheduled to operate until approximately 2022. The facility has adequate landfill capacity to serve the proposed Project and no new significant environmental impact would result from the Project implementation. Impacts would be similar to those identified in the 1990 FEIS/EIR. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 55 City Council 16 – 98 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue Mitigation Measures No new additional mitigation measures are required. g.) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed Project would comply with all applicable federal, state, and local statutes and regulations related to solid waste. The Project would comply with the City of Santa Ana's established reduction, reuse, and recycling programs. No new significant solid waste impact would result from the proposed Project. Impacts would be similar to those identified in the 1990 FEIS/EIR. Mitigation Measures No new additional mitigation measures are required. 3.18 Mandatory Findings of Significance Based on this Addendum, the proposed Project has not substantially changed in regard to the setting, design, impacts, and mitigation measures as described in the 1990 FEIS /EIR. New circumstances or new information, including any new or revised environmental laws, regulations, or policies have not modified the impacts of the proposed Project. a.) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The proposed Project would not result in impacts beyond those identified in the 1990 Final EIS/EIR in this regard, and does not have the potential to degrade the environment, reduce the habitat of a fish or wildlife species, threaten plant or animal communities, reduce or restrict endangered plant or animal species or eliminate important examples of major periods of California history or prehistory. b.) Does the project have impacts that are individually limited, but cumulatively considerable? Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects ofpast projects, the effects of other current projects, and the effects ofprobable future proiects)? Given the nature and scope of the proposed Project, and in consideration of mitigation measures that are included in the 1990 FEIS /EIR, the Project would not involve impacts that are cumulatively considerable. c.) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Construction - related activities are anticipated to have some relatively minor, temporary impacts which can be mitigated with implementation of measures included in the 1990 FEIS /EIR. Furthermore, potential long -term (operational) impacts would be reduced to less than significant levels through implementation of required mitigation measures. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 56 City Council 16 – 99 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA- Civic Center Drive to Washington Avenue 4.0 REFERENCES The following references were utilized for the preparation of this Addendum. Applied Earthworks, Inc. 2015. Historic Property Survey Report - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. Basmaciyan- Darnell, hic. 1985. Intercity Liaison Committee - Five -Year Transportation Study Update to 1990. California Department of Transportation (Caltrans). 2012. Noise Study Report - Bristol Street Widening Phase III Civic Center Drive to Seventeenth Street. March 2012. Motile, Grover & Associates. 1983. Bristol Street Corridor Study - Final Report. Parsons, Brinekerhoff, Quade, and Douglas, Inc. 1983. Arterial Highway Element - Santa Ana Element - Santa Ana Transportation Corridor State II Alternative Analysis. POWER Engineers, Inc. 2015. Relocation Impact Statement Technical Memorandum - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. RBF Consulting. 2014. Supplemental Technical Noise Study Memorandum - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. August 2014. 2015. Phase I Initial Site Assessment Update - Bristol Street Widening Project (Phase III) Civic Center Drive to Seventeenth Street. January 2015. Santa Ana, City of. 2010. City of Santa Ana General Plan. Adopted September 1982 (with updates and reformatting through January 2010). 2013. City of Santa Ana Website: www.ci.santa- ana.ca.us. Accessed November 2013. 2013b. 17' St. at Bristol St. EB Right Turn Pocket Future LOS Calculation Memorandum. November 25, 2013. Southern California Association of Governments (SCAG). 2008. Orange County RTIP, Project Listing Report. Accessed at: www.scag.ca.gov. URS Corporation. 2010a. Traffic Impact Analysis - Bristol Street Widening Project Phase III Civic Center Drive to Seventeenth Street. September 2010. 2010b. Community Impact Assessment - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). October 2010. 2011a. Natural Environment Study (Minimal Impacts) - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). April 2011. 201 lb. Final Relocation Impact Statement- Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). November 2011. 2012a. Historic Resources Evaluation Report - Bristol Street Widening Project Civic Center Drive to Seventeenth Street (Phase III). September 2012. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 57 City Council 16 – 100 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIA— Civic Center Drive to Washington Avenue 2012b. Air Quality Conformity Analysis — Bristol Street Widening Project Civic Center Drive to 17 "' Street (Phase III). November 2012. 2012c. Noise Study Report — Bristol Street Widening Project Civic Center Drive to 17d' Street Phase III). March 2012. 2013a. Air Quality Assessment Report — Bristol Street Widening Project Civic Center Drive to 170' Street (Phase III). January 2013. 2013b. Initial Site Assessment — Bristol Street Widening Project Civic Center Drive to 171" Street Phase III). March 2013. Wildan Associates. 1990. Final Environmental Impact Statement, Proposed Widening of Bristol Street from Warner Avenue to Memory Lane, in the City of Santa Ana. 1990. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU PAGE 58 City Council 16 – 101 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street APPENDIX A MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 102 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase HIS — Washington Avenue to 17`" Street THIS PAGE INTENTIONALLYLEFT BLANK ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 103 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to I 7 Street Modified Initial Study Checklist The following Modified Initial Study Checklist is based on the California Environmental Quality Act CEQA) Initial Study Checklist. It is modified to evaluate the proposed Project changes for which environmental impact reports /statements have previously been completed to assist in the determination of the need for supplemental environmental documents, in this case, a Subsequent or Supplemental EIS /EIR or an Addendum under Public Resources Code 21166 and Guideline Sections 15162, 15163, and 15164, respectively. For purposes of this study, references to "the proposal' in the left hand column questions refer to the modifications to the Project (proposed Project) as compared the Project improvements evaluated in the 1990 FEIS/EIR. The first four columns to the right of the modified checklist questions identify whether the proposed Project changes would result in new impacts, and if so whether these impacts would be less than significant, less than significant after mitigation, or significant. The fifth column asks whether or not the impacts associated with Project changes, if any, were sufficiently disclosed in the previous environmental documents (Not Addressed). Finally, the last column indicates whether or not a Subsequent or Supplemental EIR is needed. Moreover, a Subsequent or Supplemental EIR would be needed if there were new significant unmitigated or substantially more severe impacts which would result from the Project changes and which were not sufficiently disclosed in the previous environmental documents. Discussion in support of the conclusions indicated on the checklist is provided in Chapter 3. ANA 305 -01 I (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 104 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New Impacts of Proposed PreviousFEIS /EIR - Project Changes No Less Than Less Than Potentially Impacts Subsequent. or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation C AESTHETICS. Would the project: a) Have a substantial adverse effect on a X scenic vista? YES NO b) Substantially damage scenic resources, X N/A NO including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual X YES NO character or quality of the site and its surroundings? d) Create a new source of substantial light X YES NO or glare, which would adversely affect day or nighttime views in the area? 2.. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique X N/A NO Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for X N/A NO agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or X N/A NO cause rezoning, of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production as defined by Government Code section 51104(g))? d) Result in the loss of forest land or X N/A NO conversion of forest land to non - forest use? e) Involve other changes in the existing X N/A NO environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation X YES NO of the applicable air quality plan? b) Violate any air quality standard or X YES NO contribute substantially to an existing or projected air quality violation? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 105 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 1716 Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New impacts of Proposed Previous FEIS /EIR Project Changes. No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation c) Result in a cumulatively considerable X YES NO net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to X YES NO substantial pollutant concentrations? e) Create objectionable odors affecting a X YES NO substantial number of people? 4. BIOLOGICAL RESOURCES Would the project:.. X YES NO a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special- status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X YES NO b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X YES NO c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X YES NO d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X YES NO e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 106 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17' Street MODIFIED INITIAL STUDY CHECKLIST ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New Impacts of Proposed Previous: FEIS /EIR Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? S. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in X YES NO the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in X YES NO the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique X YES NO paleontological resource or site or unique geologic feature? X N/A NO d) Disturb any human remains, including those Interred outside of formal cemeteries? 6. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X YES NO i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X YES NO X YES NO iii) Seismic-related ground failure, including liquefaction? X YES NO iv) Landslides? X YES NO b) Result in substantial soil erosion or the loss of topsoil? ANA 305-011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 107 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than LessThan Potentially Impacts Subsequent or Impact Significant. Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result In on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? X YES NO d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? X N/A NO e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 7. GREENHOUSE GAS EMISSIONS. Would the project a) Generate greenhouse gas emissions, X NO NO either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy X NO NO or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 8. HAZARDS. Would the project Involve: X YES NO a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X YES NO b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X N/A NO c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X YES NO d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X N/A NO e Fora project located within an airport ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU City Council 16 – 108 9/17/2024 ENVIRONMENTAL IMPACT REPORT ADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New Impacts of Proposed Previous FEIS /EIR. Project Changes . No Less Than Less Than Potentially Impacts Subsequent or Impact Significant - Significant Significant Disclosed? Supplemental EIR Impact'- After Impact Required? Mitigation land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X N/A NO f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically X YES NO interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a X N/A NO significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 9. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or X YES NO waste discharge requirements? b) Substantially deplete groundwater X YES NO supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage 1. X YES NO pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 109 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU APPENDIX A New Impacts of Proposed - Previous FEWER Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental SIR Impact After Impact Required? Mitigation X YES NO d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a mannerthat would result in flooding on- or off -site? X YES NO e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X YES NO f) Otherwise substantially degrade water quality? X YES NO g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X YES NO h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? I ........... X YES NO 1) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X N/A NO j) Inundation by seiche, tsunami, or mudflow? 10. LAND USE AND PLANNING. Would the project: X N/A NO a) Physically divide an established community? X YES NO b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X N/A NO c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19 /2015) YU APPENDIX A City Council 16 – 110 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17" Street MODIFIED INITIAL STUDY CHECKLIST New Impacts of Proposed - Previous: FEIS /EIR '. Project Changes No Less.Than' Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Died ad? Supplemental EIR Impact After Impact Required? Mitigation 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a X YES NO known mineral resource that would be of value to the region and the residents of the state? X YES NO b) Result in the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 12. NOISE. Would the project result in: a) Exposure of persons to or generation of X YES NO noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of X YES NO excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in X YES NO ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic X YES NO increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport X N/A NO land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 111 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 11113— Washington Avenue to 1716 Street MODIFIED INITIAL STUDY CHECKLIST New Impacts of Proposed Previous FEIS /EIR. Project Changes No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required ?. Mitigation X N/A NO f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 13. POPULATION AND HOUSING. Would the project: X YES NO a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X YES NO b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X YES NO c) Displace substantial numbers of people necessitating the construction of replacement housing elsewhere? 14. PUBLIC SERVICES. Would the project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental Impacts, in order to maintain acceptable service ratios, response times or other performance objectives . for any of the public services: a) Fire protection? X YES NO b) Police protection? X YES NO c) Schools? X YES NO d) Parks? X YES NO e) Other public facilities? X YES NO 15. RECREATION X YES NO a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 112 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17fh Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New Impacts of Proposed Previous FEISIEIR ProjectChanges No Less Than Less Than Potentially Impacts Subsequent or Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation X YES NO b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 16. TRANSPORTATIONITRAFFIC. Would the project: X YES NO a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X YES NO b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, X NO NO including either an increase in traffic levels or a change in location that results in substantial safety risks? J) Substantially increase hazards due to a X YES NO design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency X YES NO access? X YES NO f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 17. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment X YES NO requirements of the applicable Regional Water Quality Control Board? ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 113 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase 1118 — Washington Avenue to I 7 Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A Now impacts of Proposed Previous FE161EIR Project Changes No Less Than Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Disclosed? Supplemental ElR' Impact After Impact Required ?. Mitigation X YES NO b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X YES NO c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X YES NO d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X YES NO e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X YES NO f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 1. X YES NO g) Comply with federal, state, and local statutes and regulations related to solid waste? 18,. MANDATORY FINDINGS OF SIGNIFICANCE. Responses to the following questions are discussed in Chapter 3. X YES NO a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are X YES NO individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 114 9/17/2024 ENVIRONMENTAL IMPACT REPORTADDENDUM Bristol Street Widening Phase IIIB — Washington Avenue to 17°i Street MODIFIED INITIAL STUDY CHECKLIST ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A New Impacts of Proposed Previous FEIS /EIR Project Changes No Less Than Less Than Potentially Impacts Subsequentor Impact Significant Significant Significant Disclosed? Supplemental EIR Impact After Impact Required? Mitigation projects, and the effects of probable future projects)? c) Does the project have environmental X YES NO effects which will cause substantial adverse effects on human beings, either directly or indirectly? Note: N/A = Not applicable 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated ", describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site- specific conditions for the project. Responses to this section are discussed further in Chapter 3. ANA 305 -011 (PER 02) CITY OF SANTA ANA (01/19/2015) YU APPENDIX A City Council 16 – 115 9/17/2024 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED: Bristol St Improvements & Widening: Phase 3A - Civic Center-Washington The Bristol Street Improvements project was planned and designed to incorporate complete street concepts with storm drain quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area. Bristol Street from Civic Center to Washington (Phase 3A) is part of the City's plan to widen Bristol Street from Warner Avenue to Memory Lane, which was approved by City Council in 1990 and reevaluated in 2015. Existing roadway has only 2 lanes in each direction and is operating at a LOS F. This widening is needed to improve traffic flow and create complete streets features.PROJECT CATEGORY: Street Improvements Street/Bridge Improvements & Widening LOCATION MAP PROJECT COSTS FY 24/25 5,199,933 5,199,933 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction ------ TOTAL ------ SOURCE OF FUNDS DEMO FY 24/25 656,000 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 - - - - - - - - - - - - - - - - - - - - - - - - OCTA BRISTOL ST CORRIDOR TSIA AREA F 3,343,933 1,200,000 5,199,933TOTAL AGENCY:DIVISION:CONTACT:DATE: Public Works CIP Engineeringg Jason Gabriel, Principal Civil Engineeerr 21-Aug-2024 City Council 16 – 116 9/17/2024 City Council 16 – 117 9/17/2024 EXHIBIT 7 City Council 16 – 118 9/17/2024 City Council 16 – 119 9/17/2024 Public Works Agency & Library Services www.santa-ana.org/public-works Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Newhope Library Modernization and Delhi Library Branch Improvements AGENDA TITLE Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 22-1802, 23-7540 & 22-1382) (General and Non-General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work. 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements. 3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20-foot by 30-foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a one-year extension, and authorize the City Manager to execute the agreement (Agreement No. A-2024-XXX). 5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-43 was filed for Project 22-1802. City Council 17 – 1 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 2 4 5 3 8 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Library strives to be a safe and inclusive community hub. Libraries serve as a third place in the community, beyond work and home, where residents of all ages have an opportunity to connect, create, and learn. Modernizing and expanding library facilities is essential to ensuring Santa Ana’s libraries offer the high quality of services seen in other surrounding jurisdictions. Additionally, the Public Works Agency (PWA)’s Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the City. To this end, the Newhope Library Branch Modernization Project and the Delhi Library Branch Improvement Project will offer the following enhancements to the Santa Ana Public Library system: Renovation of the Newhope Library Branch includes: •A new, colorful, and inviting building façade. •A new glass storefront-style entrance and lobby. •A new and modernized customer service, reference, and check-out desk. •Creation of a new “Innovation Center” equipped with computers, robotics, and technology for STEM focused programs and services. •A fully renovated outdoor patio with new seating and shade structure. •Remodel of antiquated staff work areas. •Replacement of original and end of life HVAC systems, windows, and roof. Construction of the Delhi Library Branch includes: •Combining three existing rooms into an innovative indoor/outdoor public library space inside the Delhi Center. •Installation of a roll-up “garage-style” door to allow the exterior and interior of the Library to feel like one cohesive space. •Installation of a special “Knowledge Bar” for staff to assist patrons with technology and information needs. •Creation of a new multigenerational outdoor play and learning area with built-in story time and program spaces. •Creation of a new exterior public entrance and restroom that will allow for the Delhi Library Branch to be its own independently operating space within the Delhi Center. A copy of construction plans, contracts, specifications and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located in City Hall. Public Outreach and Contractor Participation City Council 17 – 2 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 3 4 5 3 8 The City notified a total of six vendors via PlanetBids that were pre-qualified through RFQ #23-168, none of which were Santa Ana based. Furthermore, staff specifically reached out to these vendors to encourage their participation. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 4 and June 10, 2024. The project was also advertised in PlanetBids from May 31, 2024 through July 24, 2024. Bids were received electronically via PlanetBids on July 24, 2024. One bid protest was submitted by PCL Construction to PCN3, Inc., in regards to PCN3, Inc.’s submitted documentation. As all required documentation was received, staff has deemed the protest insufficient for rebid and recommends awarding the project to PCN3, Inc. Base Bid Results Summary Rank Bidder’s Name Location Base Bid 1 PCN3, Inc.Los Alamitos, CA $8,190,533 2 PCL Construction Services, Inc.Irvine, CA $8,649,777 3 Morillo Construction, Inc.Pasadena, CA $9,364,033 A total of three bids were received and all were deemed responsive. PCN3, Inc. submitted the lowest responsive base bid in the amount of $8,190,533 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract, including the bid alternate in the amount of $25,000 for exterior painting of the Delhi Library Branch, to PCN3, Inc. for a total agreement amount of $8,215,533 (Exhibit 3). PCN3, Inc. has not performed work as a prime contractor for the City of Santa Ana. A reference check was made by staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes budget allocation for construction administration. On June 6, 2023, City Council awarded a contract to Griffin Structures to provide day-to-day construction management services, inspections of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. Construction administration includes implementation of the labor requirements; and oversight of Griffin Structures. Any of the allocated construction administration funds not spent are City Council 17 – 3 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 4 4 5 3 8 considered project savings and are returned to the respective fund balance upon close out of the project. In addition to the Construction Contract Bid Amount, Staff requests that City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow Staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $9,132,303. Project Item Total Construction Contract Bid Amount $8,215,533 Construction Administration $95,217 Inspection $0 (Griffin Structures) Testing $0 (Griffin Structures) Project Contingencies $821,553 Total Estimated Construction Delivery Cost $9,132,303 USA Shade Structures, Inc. Shade Structures, Inc. dba USA Shade & Fabric Structures (“USA Shade”) is a full- service design/build fabric shade structure manufacturer. USA Shade will design and build a 20 x 30-foot cantilever shade structure to be installed in the Newhope Library patio. The patio is being improved as part of the Newhope Library Modernization Project and will offer additional security and functionality improvements to this important branch library. The new shade structure will replace an antiquated pergola that currently provides very little shade protection and offers an easy way for trespassers to climb and access the building’s roof. The new shade structure will eliminate the climbable beams at the top of the existing pergola and replace it with a durable fabric canopy that will provide the area with more shade for the community to enjoy library materials, programs, and services. USA Shade provides its services via Sourcewell, a cooperative government purchasing agency offering competitively solicited and awarded contracts. Santa Ana City Municipal Code Section 2-807 authorizes the City to purchase against contracts awarded by any public agency employing a competitive bid process. Since the City of Santa Ana is a Sourcewell member, it can obtain competitive pricing and services from USA Shade in accordance with Sourcewell Contract No. 010521-LTS-6. City staff opted to procure this custom shade structure separately from the larger Newhope Library Modernization scope, due the item having a longer lead time and because USA Shade is currently a City Council 17 – 4 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 5 4 5 3 8 Sourcewell vendor that successfully delivered the design and build of the existing Children’s Patio shade structures at the Main Library. Staff recommends awarding an agreement to USA Shade for the design and build of a 20-foot by 30-foot cantilever shade structure at the Newhope Library (Exhibit 5). ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Sections 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22- 1381 on May 7, 2024. (Exhibit 6) FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1802, 23-7540, 22-1382) is $9,132,303. Funding within Funds 181, 011, 012, 152, and 135 will be presented to City Council for approval of carry forward to FY 24-25 (Exhibit 7) as part of the citywide carry forward process. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for carry forward to FY 2025-26. Funding within Fund 152 is derived from a California State Library Building Forward Grant for the Newhope Library Modernization Project. The Library has received and appropriated the first grant payment for construction in the amount of $532,722. The Library can submit claims for the remaining construction funds in the amount of $532,723 once the project moves forward. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Staff will return to the City Council for authorization and appropriation of additional contingency if necessary. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Budget Available via Proposed Carry Forward to FY 24-25 2024-25 18111013- 66200 (22-1382) American Rescue Plan Act (ARPA) ARPA – Library, Buildings & Building Improvements $3,165,533 City Council 17 – 5 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 6 4 5 3 8 Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount 2024-25 01211020- 66200 (22-1382) Cannabis Public Benefit Fund Library Youth Services – Buildings & Building Improvements $316,553 2024-25 01111017- 66200 (22-1382) General Fund Library – Service Enhancement – Buildings & Building & Improvements $40,407 2024-25 18111013- 66200 (22-1802) American Rescue Plan Act (ARPA) ARPA – Library, Buildings & Building Improvements $3,604,972 2024-25 01211020- 66200 (22-1802) Cannabis Public Benefit Fund Library Youth Services – Buildings & Building Improvements $408,143 2024-25 15211154- 66200 (22-1802) Public Library Grant Fund Building Forward Library Grant, Buildings & Building Improvements $532,722 2024-25 13518783- 66220 (23-7540) Community Development Block Grant CDBG Programs, Improvements Other Than Buildings $531,250 Future Grant Revenue to be Dispersed 2024-25 15211154- 69011 (22-1802) Public Library Grant Fund Building Forward Library Grant, Reserve Appropriation 532,723 TOTAL $9,132,303 The following table summarizes the funds budgeted for expenditure for the agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures: Fiscal Year Accounting Unit - Account No. (Project No.) Fund Description Accounting Unit, Account No. Description Amount Budget Available via Proposed Carry Forward to FY 24-25 2024-25 01211020- 66200 (22-1802) Cannabis Public Benefit Fund Library Youth Services - Buildings & Building Improvements $68,341 TOTAL $68,341 City Council 17 – 6 9/17/2024 Newhope Library Modernization and Delhi Library Branch Improvements September 17, 2024 Page 7 4 5 3 8 EXHIBIT(S) 1. Location Map & Concept Plans 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Shade Structures Inc. Contract 6. Environmental Determination 7. FY 2024-25 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager City Council 17 – 7 9/17/2024 EXHIBIT 1 SANTA ANA PROJECT 22-1802 & 22-1382 Ip I CITY COUNCIL NEWHOPE LIBARY MODERNIZATION& ,. WA f AGENDA DATE:DELHI CENTER LIBRARY BRANCH PROJECT !1----.... �PTEMBER 17, 20 4 LOCATION MAP le Li&IICY SANTA ANA <AU PAGE 1 OF 2 EXHIBIT 1 City Council 17 – 8 9/17/2024 City Council 17 – 9 9/17/2024 City Council 17 – 10 9/17/2024 City Council 17 – 11 9/17/2024 City Council 17 – 12 9/17/2024 PWA SANTA ANA PUBLIC WORKS AGENCY EXHIBIT 2 PAGE 2 OF 2 LOCATION MAP DELHI CENTER LIBRARY BRANCH PROJECT NEWHOPE LIBARY MODERNIZATION& PROJECT 22-1802 & 22-1382 SEPTEMBER 17, 2024 AGENDA DATE: CITY COUNCIL City Council 17 – 13 9/17/2024 City Council 17 – 14 9/17/2024 City Council 17 – 15 9/17/2024 MOBILEMOBILEMOBILEMOBILEMOBILE U.C.Ref r.NEW METAL STUD WALL PER SHEET A61.1 EXISTING METAL STUD WALL EXISTING CONCRETE WALL NOT IN SCOPE 2-HR RATED FIRE BARRIER 1-HR RATED FIRE PARTITION WALL TYPE ANNOTATIONS, SEE SHEET A61.1 FOR DETAILS 1 101 NUMBER INDICATES DOOR PER SCHEDULE, REFER TO SHEET A52.1 NUMBER INDICATED WINDOW PER SCHEDULE, REFER TO SHEET A53.1 FIRE EXTINGUISHER CABINET PER DET. XX/XX FLOOR PLAN GENERAL NOTES: 1. ALL DIMENSIONS ARE TO CENTERLINE OF THE GRID LINES AND/OR TO THE FACE OF STUDS, U.N.O. 2. UNLESS NOTED OTHERWISE, ALL WALLS ARE FULL HEIGHT. 3. REFER TO SHEET GEN-4 FOR TYPICAL ACCESSIBILTY REQUIREMENTS AND DIMENSIONS. 4. REFER TO ENLARGED PLANS FOR DIMENSIONS AND CALLOUTS NOT SHOWN HERE. 1i 60" MIN. ACCESSIBLE WHEELCHAIR CLEAR TURNING SPACE C L R . 6 0 " M I N .30"X48" MIN. ACCESSIBLE WHEELCHAIR CLEAR FLOOR SPACE 30"X48" CLR. 1-HR RATED FIRE BARRIER 504 SF CHILDRENS AREA 5 293 SF TEEN AREA 4 1080 SF GENERAL STACKS 3 57 SF RESTROOM 2 275 SF OFFICE 1 124000.D E132 124000.M124000.M124000.M124000.M 205 SF READING AREA 75' - 0"1' - 0"1' - 0"1' - 0"1 A22.1 2 A22.1 2' - 7"107100.B 107100.B 064100.B 064100.B 064100.B12' - 1"12' - 1" 1 2 ' - 1 " 124000.P 124000.P 124000.S 124000.T 124000.U 124000.V 30X48 CLEAR 3' - 9" 064100.I 124000.O MOBILEMOBILEMOBILEMOBILE124000.O 064100.K 4' - 9" THIS DOCUMENT CONTAINS INFORMATION PROPRIETARY TO SVA ARCHITECTS INC. AND IS FURNISHED IN CONFIDENCE FOR THE LIMITED PURPOSE OF EVALUATION, BIDDING OR REVIEW. THIS DOCUMENT OR ITS CONTENTS MAY NOT BE USED FOR ANY OTHER PURPOSE AND MAY NOT BE REPRODUCED OR DISCLOSED TO OTHERS WITHOUT THE PRIOR WRITTEN CONSENT OF SVA ARCHITECTS INC. ALL RIGHTS RESERVED, © COPYRIGHT 2018. SCALE: REVISIONS:OWNER:PROJECT NAME:CLIENT ADDRESS:6 HUTTON CENTRE DR, SUITE 1150 SANTA ANA, CA 92707 T 949.809.3380 WWW.SVA-ARCHITECTS.COM DATE ISSUED: PROJECT NO: 1/4" = 1'-0" Issue Date A11.6 IMPROVEMENTS - FURNITURE PLAN #2022-40198CITY OF SANTA ANADELHI COMMUNITY CENTERRENOVATION505 E Central Ave, Unit B, Santa Ana, CA 92707FLOOR PLAN LEGEND1/4" = 1'-0"1PROPOSED FURNITURE PLAN 064100.B WALL-MOUNTED COUNTERTOP, SEE DET. 03/A63.3 064100.I ONE SIDED LIBRARY SHELVING, OFCI 064100.K WALL-MOUNTED COUNTERTOP, SEE DET. 05/A63.3 107100.B (N) FLOOR MOUNTED DESIGNER CLEAR SECURITY GATE LIB-180 RFID SCANNER, SEE SPECS FOR TYPE/SIZE, OFOI 124000.D 4 TOP CIRCULAR TABLE AND CHAIRS, TYP., OFOI 124000.M NEW RIVELI MODULAR FOLDING SHELVING SYSTEM, OFCI 124000.O MOBILE BOOK CARTS, OFOI 124000.P CHILDERENS FURNITURE, TYP., OFOI 124000.S 8 TOP WORKING TABLE WITH INDIVIDUAL SEAT DIVIDERS, FLUSH MOUNTED POWER PROVIDED, OFOI 124000.T WORKSTATIONS, OFOI 124000.U MOBILE BOOK CARTS, OFOI 124000.V BOOK DROPOFF COLLECTION BIN, OFOI E132 INKJET PRINTER, OFOI KEYNOTES DESCRIPTION DATE N City Council 17 – 16 9/17/2024 City Council 17 – 17 9/17/2024 City Council 17 – 18 9/17/2024 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1802 & 23-1385 NEWHOPE LIBRARY MODERNIZATION & DELHI LIBRARY BRANCH IMPROVMENTS This CONSTRUCTION CONTRACT is made and entered into this 17th day of September, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and PCN3, Inc. (hereinafter “CONTRACTOR”). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Newhope Library Modernization and Delhi Library Branch Improvements Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following: Notice Inviting Bids Information to Bidders Bid Proposal Bid Bond Contract Form Contract Bonds General Provisions Special Provisions Technical Provisions and Project Plans Community Workforce Agreement Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Million Two Hundred Fifteen Thousand Five Hundred Thirty Three Dollars and No Cents ($8,215,533.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. rev. 09/01/2017 Page 1 of 4 City Council 17 – 19 9/17/2024 The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at:http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: Page 2 of 4 City Council 17 – 20 9/17/2024 (i)Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii)Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv)The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (v) (vi)The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix P of the Contract Documents. Contractor’s attention is specifically directed to the following, which are each incorporated herein by this reference: (i)2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii)Program Income – 24 CFR Part 570.500(a)(1) (iii) Unused Program Income – 24 CFR Part 570.503(b)(3) (iv) (v) Transfers of Program Income – 24 CFR Part 570.504(b)(2) Disposition of Program Income – 24 CFR Part 570.504(c) (vi)Applicability of Uniform Administrative Requirements – 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein. (ix)Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached hereto as Appendix O of the Contract Documents. When the Davis- Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Exhibit “B”, and incorporated herein by reference. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. Page 3 of 4 City Council 17 – 21 9/17/2024 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST:CITY OF SANTA ANA JENNIFER L. HALL City Clerk ALVARO NUÑEZ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CONTRACTOR: PCN3, Inc. B NAME: Brian Abghari President TITLE: Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba Date: 2024.08.29 14:25:39 -07'00' Nabil Saba NABIL SABA, PE Executive Director Public Works Agency Page 4 of 4 City Council 17 – 22 9/17/2024 EXHIBIT A City Council 17 – 23 9/17/2024 EXHIBIT A City Council 17 – 24 9/17/2024 City Council 17 – 25 9/17/2024 City Council 17 – 26 9/17/2024 EXHIBIT B City Council 17 – 27 9/17/2024 Funding Approval/Agreement Title I of the Housing and Community Development Act (Public Law 930383) HI-00515R of 20515R U.S. Department of Housing and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 1/31/2025 1. Name of Grantee (as shown in item 5 of Standard Form 424) Santa Ana 3a. Grantee’s 9-digit Tax ID Number 956000785 3b. Grantee’s 9-digit DUNS Number KZE9G2M4GRX9 (UEI) 2. Grantee’s Complete Address (as shown in item 5 of Standard Form 424) 20 Civic Center Plaza 4. Date use of funds may begin 07/01/2022 Santa Ana, CA 92701-0000 5a. Project/Grant No. 1 B-22-MC-06-0508 5b. Project/Grant No. 2 6a. Amount Approved $5,088,771 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee’s submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes funding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name)Grantee Name (Contractual Organization) Rufus Washington Title CPD Director Signature Santa Ana (City of) Title City Manager Date (mm/dd/yyyy)Signature Date (mm/dd/yyyy) 10/21/2022 X X 7. Category of Title I Assistance for this Funding Action: Entitlement, Sec 106(b) 8. Special Conditions (check one) None 9a. Date HUD Received Submission 10. check one (mm/dd/yyyy) 9b. Date Grantee Notified (mm/dd/yyyy) a. Orig. Funding Approval b. Amendment Amendment Number Attached 9c. Date of Start of Program Year 7/1/2022 11. Amount of Community Development Block Grant FY 2022 a. Funds Reserved for this Grantee b. Funds now being Approved $5,088,771 c. Reservation to be Cancelled (11a minus 11b) 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. 12c. Name of Authorized Official for Designated Public Agency Title Signature X HUD Accounting use Only Effective Date (mm/dd/yyyy)Batch TAC 1 5 3 1 7 6 Program Y A Reg Area Document No.Project Number Category Amount F Y Y Project Number Project Number Amount Amount Date Entered PAS (mm/dd/yyyy)Date Entered LOCCS (mm/dd/yyyy)Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (5/15) City Council 17 – 28 9/17/2024 8.Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base _C_D_A_____________ ________________ ________________ ________________ ________________ _1_4_.9 _2__% ______% ______% ______% ______% _________ _________ _________ _________ _________ Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) (d) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures City Council 17 – 29 9/17/2024 designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107 118) shall be considered a public use for purposes of eminent domain. (e) (f) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g)CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). City Council 17 – 30 9/17/2024 City Council 17 – 31 9/17/2024 City Council 17 – 32 9/17/2024 City Council 17 – 33 9/17/2024 City Council 17 – 34 9/17/2024 City Council 17 – 35 9/17/2024 City Council 17 – 36 9/17/2024 City Council 17 – 37 9/17/2024 City Council 17 – 38 9/17/2024 City Council 17 – 39 9/17/2024 City Council 17 – 40 9/17/2024 City Council 17 – 41 9/17/2024 City Council 17 – 42 9/17/2024 City Council 17 – 43 9/17/2024 City Council 17 – 44 9/17/2024 City Council 17 – 45 9/17/2024 City Council 17 – 46 9/17/2024 City Council 17 – 47 9/17/2024 City Council 17 – 48 9/17/2024 City Council 17 – 49 9/17/2024 City Council 17 – 50 9/17/2024 City Council 17 – 51 9/17/2024 City Council 17 – 52 9/17/2024 EXHIBIT 4 Construction Contract 8,215,533.00$ Contract Administration, Inspection and Testing 95,217.00$ Contingencies 821,553.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 9,132,303.00$ CONSTRUCTION OF PROJECT NO. 22-1802 & 22-1381: Newhope Library Modernization and Delhi Library Branch Improvements Project COST ANALYSIS City Council 17 – 53 9/17/2024 EXHIBIT 5 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SHADE STRUCTURES, INC., OBA SHADE & FABRIC STRUCTURES FOR PURCHASE AND INSTALLATION OF A SHADE STRUCTURE AT THE NEWHOPE LIBRARY THIS AGREEMENT is made and entered inꢑo ꢑhiꢕ 17th dꢄy of September 2024 by and between Shade Stꢅuctures, Inc., a Texas corpoꢅaꢟꢁon dbꢄ USA Shade & Fabric Sꢟrucꢑureꢕ ("Conꢟꢅactoꢅ"), aꢏd the City of Sꢄnta Ana, a chaꢅter city and ꢈunꢁcꢁpal corꢌoration organized and exꢁꢕꢟing under the Conꢕꢟitution and lꢄws of the Staꢟe of Caꢀꢁꢂꢃiꢄ ("City"). RECITALS A .Th e City desꢁres ꢟo reꢟꢄin a conꢟrꢄctoꢅ hꢄving ꢕpeciaꢇ skiꢇl and knowledge i n the deꢕign, procurement, ꢄnd ꢁnstallꢄꢟꢁon of ꢕhade structures ꢂꢅ the Ciꢟy's Newhope Librꢄry ("Project"). B. C. D. Contꢅacꢟor repreꢕenꢟs thꢄt Conꢟꢅactoꢅ iꢕ ꢄbꢔe and willing to ꢌꢅovide such services to ꢟhe Cꢁty. Contractor hꢄꢕ ꢆꢇꢀ ꢄccess to the ꢋateriaꢀ ꢄnd speciaꢀ ꢌricing undeꢅ Sourcewell Conꢟract No. 010521-LTS-6 ("Cooꢌeꢅaꢟive Conꢟꢅacꢟ"). The City ꢁs a member of Souꢅcewell (Membeꢅ ID No. 1888) and iꢕ auꢟhorized ꢟo uꢕe ꢟhe Cooꢌeratꢁve Contꢅact ꢂr ꢌublꢁc works procurementꢕ, including ꢟhe maꢟerials ꢄnd serviceꢕ ꢅequired ꢂr ꢟhe Projecꢟ. E.In uꢏderꢟaking the perꢂꢅꢈance of this Agꢅeement, Contracꢟor repꢅesenꢟꢕ ꢟhaꢟ it ꢁs knowledgeable in its field ꢄnd ꢟhꢄꢟ ꢄny ꢕervꢁces ꢉeꢅfonꢘed by Conꢟꢅacꢟor under thꢁs Agreement wiꢀl be ꢉerꢂꢅmed in coꢋꢌliance wiꢟh ꢕuch standards as ꢋay reaꢕonꢄbly be exꢌecꢟed ꢊoꢋ a ꢌroꢍssionꢄl conꢟracꢟing firm ꢁn ꢟhe field. NOW THEREFORE, in consideꢅaꢟion of the mutual ꢄnd reꢕꢌecꢟꢁve promiꢕes, and subject to ꢟhe teꢅmꢕ and conditions ꢎereiꢏaꢐeꢅ set ꢂrꢑhꢒ the ꢌaꢓies ꢄgꢅee ꢄꢕ ꢂꢔlowꢕ: 1.SCOPE OF SERVICES a. b. c. Contractor shaꢔl ꢌerꢖꢗꢘ the tꢄꢕks and obligaꢟions ꢁncludꢁng ꢄll lꢄboꢅ, mꢄteꢅꢁꢄlꢕ, toolꢕ, 12k reach ꢙꢅk and ꢕkꢁd ꢕꢟeer, and work requꢁꢅed ꢟo ꢚꢔꢀy and adequꢄꢟeꢀy coꢋꢌleꢟe ꢟhe servꢁceꢕ described and set ꢂꢛtꢜ in Conꢟꢅꢄctor's Pꢅoposaꢔ - Exhibit A, aꢟꢟꢄched hereto and incoꢅporaꢟed by ꢅeference. Conꢟractor is noꢟ responsible ꢂr crane services, dꢅiꢀl rigꢕ, lꢄnd suꢅveying, field ꢋeasureꢋentꢕ, lꢄyouꢟ, conꢝꢞaꢟion of final location, above and below ground utilities, sprinklers/irꢅigation ꢕyꢕꢟeꢋs, cꢄulking, sealanꢟs, joint checks, traffic contꢅol ꢌlans, flagging, ꢌenniꢟꢕ, oꢅ a Stoꢠ Water Polꢇuꢟion Pꢅevention Plan. The Project ꢕhall be deeꢋed comꢌleꢟe uꢌon ꢁts acceptance by the Cꢁty's Executꢁve Pꢄge 1 of 10 City Council 17 – 54 9/17/2024 City Council 17 – 55 9/17/2024 City Council 17 – 56 9/17/2024 City Council 17 – 57 9/17/2024 City Council 17 – 58 9/17/2024 City Council 17 – 59 9/17/2024 City Council 17 – 60 9/17/2024 City Council 17 – 61 9/17/2024 City Council 17 – 62 9/17/2024 Digitally signed by Nabil SabaNabil Saba Date: 2024.08.29 14:27:50 -07'00' City Council 17 – 63 9/17/2024 City Council 17 – 64 9/17/2024 City Council 17 – 65 9/17/2024 City Council 17 – 66 9/17/2024 City Council 17 – 67 9/17/2024 City Council 17 – 68 9/17/2024 City Council 17 – 69 9/17/2024 EXHIBIT 6 City Council 17 – 70 9/17/2024 City Council 17 – 71 9/17/2024 City Council 17 – 72 9/17/2024 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Newhope Library Renovation PROJECT NEED: Newhope Library, the 10,600-sq-ft Library remains in generally the same condition as when it was originally built in 1976. The renovation will include modernizing the overall Library branch, renovating the storefront of the building, remodeling the front checkout desk/staff area, remodeling kitchen/break area, creating a new Media Lab space, and replacing existing HVAC systems. PROJECT TITLE: Newhope Library Modernization PROJECT CATEGORY: City & Park Facility Improvements Facility LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Library Administration Maria Castro, Management Analyst- Library 28-Aug-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 3,522,493 ------ TOTAL 3,522,493 ------ SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 ARPA Funds 3,165,533 ------ Cannabis 316,553 ------ GENERAL FUND 40,407 ------ TOTAL 3,522,493 ------ EXHIBIT 7 City Council 17 – 73 9/17/2024 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Delhi Library Branch Improvements PROJECT NEED: Delhi Center Library Branch is creation of new 2,500-sq-ft branch in existing community center. The City of Santa Ana has leased approximately 2,500 square feet of space at the Delhi Community Center for a new Library branch. The City intends to invest in subtenant improvements suitable for public library services, including an innovative storefront style entrance, indoor furniture, interior displays and cases, and the creation of an outdoor patio space for library programs, events and activities geared toward children and families. The project will include combining three rooms into a larger Library space, creating a covered outdoor patio space with built-in story time seating and educational play area(s), and creating a new public entrance via the new outdoor patio. PROJECT TITLE: Delhi Library Branch Improvements PROJECT CATEGORY: City & Park Facility Improvements Facility LOCATION MAP AGENCY:DIVISION:CONTACT:DATE: Library Administration Maria Castro, Management Analyst- Library 28-Aug-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 5,609,810 ------ TOTAL 5,609,810 ------ SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 ARPA Funds 3,604,972 ------ Cannabis 408,143 ------ CDBG Programs 531,250 ------ PUBLIC LIBRARY GRANT 1,065,445 ------ TOTAL 5,609,810 ------ City Council 17 – 74 9/17/2024 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 September 17, 2024 TOPIC: Standard Avenue and McFadden Avenue Bikeways AGENDA TITLE Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 19-6923, 20-6962, 20-6965, 23-6705, 23- 6706, & 23-6707) (General Fund) (Non-General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $2,000,000 in prior-year fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $2,700,000 in prior-year fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 19-6923, 20- 6962, 20-6965, 23-6705, 23-6706, & 23-6707). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 19-6923, 20-6962, 20-6965, 23-6705, 23-6706, & 23- City Council 18 – 1 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 2 4 5 4 2 6707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER-2020-33 and ER-2020-97 were filed for Projects Nos. 20-6965 and 20-6962. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Public Works Agency (PWA)’s Engineering Services Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. Additionally, PWA implements a variety of roadway improvements to promote the safety of drivers, bikers, and pedestrians. The Public Works Agency received $11,319,000 from the Traffic System Management Grant for the construction of bikeways. The Standard Avenue and McFadden Avenue Bikeway projects (Projects) were identified in the City’s Safe Mobility Santa Ana Plan (SMSA), Active Transportation Plan (ATP), and Central Santa Ana Complete Streets Plans (CSACS), hereinafter referred to as “Plans.” Each of these plans included extensive amounts of community outreach to ensure that any of the resulting project recommendations were a direct reflection of the community needs and wants. For each of the plans, Community Outreach Plans were developed by City staff and consultant teams which included reaching out to stakeholders, local businesses, and residents, thereby encouraging them to become project champions and to form part of the Community Advisory Committee (CAC). A combined total of 17 community outreach events were held for these plans between 2016 and 2019. Additionally, these plans developed as web-based surveys in which the community had multiple opportunities to provide their input on each of the plans as they were being prepared. All of the outreach ensured that these plans were community driven planning documents that established a road map for City staff to know where the need was and what type of projects to pursue in the future. In response to the project needs identified by the various planning documents, staff pursued grant funding from the ATP in 2018. In May 2019, the Southern California Association of Governments (SCAG) notified the City of Santa Ana that the ATP projects were awarded the requested grant funding. Following the programming of grant funds, City staff began working on the design and additional community outreach efforts for the project. During the design phase for the project in 2021, a combined total of four additional community meetings were held. These outreach meetings focused on providing the history on how the projects were initially identified and on ensuring that the proposed project improvements were still in alignment with what the community wanted to see implemented by these projects. One of the major concerns with both project street corridors was regarding on-street parking. As a result of the parking assessment City Council 18 – 2 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 3 4 5 4 2 and through creative engineering design, the project will be adding a total of 87 parking spaces along the corridors, 23 additional parking spaces on McFadden Avenue and 64 parking spaces on Standard Avenue. As a finished product, this project will include protected bike lanes along McFadden Avenue from Harbor Boulevard to Grand Avenue, and Standard Avenue from Warner Avenue to 2nd Street. It also implements the City’s first fully-protected intersection at Standard Avenue and McFadden Avenue with separate traffic signal bicycle phasing and signal head indications. Pedestrian safety improvements along the corridors include high-visibility crosswalks and curb extensions at various cross streets. This project will serve the community by providing easier and safer connectivity to Downtown Santa Ana, Santa Ana College, the Santa Ana Regional Transportation Center, and the Orange County Civic Center. The project corridors run through historically underserved neighborhoods and the improvements will directly benefit a population in need of healthier ways to get around their community without relying on an automobile. Additionally, this project will provide opportunities to engage in physical activity, promote a healthier lifestyle, provide a safe and low-stress pedestrian mobility option, decrease car trips and vehicle miles traveled, and improve air quality by reducing greenhouse gas emissions. Project completion requires the removal of asphalt, concrete, cold milling, concrete pad, curb and gutter, construction of concrete bike lanes, bus pads, and curb ramps, landscape and irrigation, traffic signal modification, signing, and striping. A contractor to complete this work was sought through a public bid. A copy of construction plans, contracts, specifications, and all related reference materials (such as The Greenbook) are available for public review at the City’s Public Works Agency, Central Files office located at City Hall. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 2,388 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of five bids were received. Zero bids were received from Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 5, 2024 and August 12, 2024. The project was also advertised in PlanetBids from August 1, 2024 to August 15, 2024. Bids were received electronically via PlanetBids on August 15, 2024. A bid protest was filed by Nationwide Contracting Services, Inc. during the protest period against Vido Samarzich, Inc. Following a thorough review, the City found the City Council 18 – 3 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 4 4 5 4 2 protest to be invalid. Consequently, the City recommends awarding the project to Vido Samarzich, Inc. as the lowest responsive bidder. Bid Results Summary Rank Bidder’s Name Location Base Bid Base Bid + Alternate No. 1 1 Vido Samarzich, Inc.Rancho Cucamonga, CA $17,778,714 $19,170,060 2 Nationwide Contracting Services, Inc. Huntington Beach, CA $18,010,780 $19,207,495 3 Granite Construction La Mirada, CA $18,487,558 $19,743,140 4 All American Asphalt Corona, CA $19,953,231 $21,049,001 5 Excel Paving Company Long Beach, CA $20,194,273 $21,602,550 A total of five (5) bids were received and all were deemed responsive. Vido Samarzich, Inc. submitted the lowest responsive Base Bid and Alternate No. 1 in the amount of $19,170,060 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Vido Samarzich, Inc. (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery includes construction administration, inspection, and testing. Construction administration and inspection may be performed by either staff or consultants and includes construction management, inspection of the contractor’s work to ensure contract compliance, workmanship and quality, materials testing, and implementation of labor requirements. Any allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. In addition to the Construction Contract Bid Amount, staff requests that City Council allocate and authorize a project contingency budget equal to 10% of the Contract Bid Amount. The recommended contingency budget will allow staff to execute contract change orders in the event unexpected conditions arise or if additional work is required to effectively deliver the project. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $23,550,000. City Council 18 – 4 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 5 4 5 4 2 Project Item Total Construction Contract Bid Amount $19,170,060 Construction Administration $1,305,355 Inspection $812,768 Testing $344,811 Project Contingencies $1,917,006 Total Estimated Construction Delivery Cost $23,550,000 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended project actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemptions have been recorded with the Orange County Clerk-Recorder Department, as Environmental Review No. ER-2020-33 for the Standard Avenue Protected Bike Lane Project and Environmental Review No. ER-2020-97 for the McFadden Avenue Protected Bike Lane Project (Exhibit 5). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $23,550,000. There are $17,650,000 in existing funds available for expenditure in Fiscal Year 2024-25 from roadway projects 19-6923, 20-6962, 20-6965, 23-6705, 23-6706, & 23-6707. Additionally, $1,400,000 in funds from roadway projects 22-6989 and 24-6005 will be reallocated to project 20-6962. With the approval of the requested appropriation adjustments, $2,000,000 of the accumulated fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account (05817002-50001) will be appropriated for spending in the Residential Street Improvement, Improvements Other Than Buildings expenditure account (05817660-66220). The spendable portion of the Residential Street Improvement fund balance is estimated to be $5,676,895 for Fiscal Year 2024-25, which is sufficient to allow for the recommended appropriation. Additionally, $2,700,000 of the accumulated fund balance in the Transportation System Improvement Authorization Area B, Prior Year Carry Forward revenue account (99217002-50001) will be appropriated for spending in the Transportation System Improvement Authorization Area B, Improvements Other Than Building expenditure account (99217950-66220) (Exhibit 6). The spendable portion of the Transportation System Improvement Authorization Area B fund balance is estimated to be $8,527,939 for Fiscal Year 2024-25, which is sufficient to allow for the recommended appropriation. Any remaining balances not expended at the end of the fiscal year will be carried forward into Fiscal Year 2025-26. The funds will be budgeted and available for this item in the accounts below. City Council 18 – 5 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 6 4 5 4 2 Fiscal Year Accounting Unit – Account No. (Project No.) Fund Description Accounting Unit, Account Description Amount EXISTING BUDGET 2024- 25 03217662- 66220 (19-6923) Select Street Construction Measure M-Street Construction, Improvements Other Than Buildings $884,000 2024- 25 14817614- 66220 (20-6962) Traffic System Management Grant HUTA Gas Tax – RMRA, Improvements Other Than Buildings $5,875,000 2024- 25 14817614- 66220 (20-6965) Traffic System Management Grant Active Transportation Program Augmentation, Improvements Other Than Buildings $5,444,000 2024- 25 05917665- 66220 (23-6705) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $836,750 2024- 25 05917665- 66220 (23-6706) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $2,510,250 2024- 25 05917665- 66220 (23-6707) Select Street Construction HUTA Gas Tax – RMRA, Improvements Other Than Buildings $1,900,000 APPROPRIATION ADJUSTMENT 2024- 25 05817660- 66220 (20-6962) Residential Street Improvement Residential Street Improvement, Improvements Other Than Buildings $2,000,000 2024- 25 99217950- 66220 (20-6962) Transportation System Improvement Aut Area B Transportation System Improvement Aut Area B Tustin, Improvements Other Than Buildings $2,700,000 REALLOCATION City Council 18 – 6 9/17/2024 Standard Avenue and McFadden Avenue Bikeways September 17, 2024 Page 7 4 5 4 2 Fiscal Year Accounting Unit – Account No. (Project No.) Fund Description Accounting Unit, Account Description Amount 2024- 25 01117660- 66220 (From 22-6989 to 20-6962) General Fund Pub Wks-Road Maintenance, Improvements Other Than Buildings $800,000 2024- 25 01117620- 66220 (From 24-6005 to 20-6962) General Fund PW- Traffic/Transportation Service Enhancement, Improvements Other Than Buildings $600,000 TOTAL $23,550,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Environmental Determination 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 18 – 7 9/17/2024 PWA SANTA ANA PUBLIC WORKS AGENCY Project No. 20-6965, 20-6962, 23-6707, 23-6705, 19-6923, 23-6706: Standard Avenue and McFadden Avenue Bikeway Project Location Map Exhibit 1 EXHIBIT 1 City Council 18 – 8 9/17/2024 City Council 18 – 9 9/17/2024 City Council 18 – 10 9/17/2024 City Council 18 – 11 9/17/2024 City Council 18 – 12 9/17/2024 City Council 18 – 13 9/17/2024 Standard Avenue Bikeway Project Concept Plan (1 of 5) Plan Conceptual City Council 18 – 14 9/17/2024 Standard Avenue Bikeway Project Concept Plan (2 of 5) Plan Conceptual City Council 18 – 15 9/17/2024 Standard Avenue Bikeway Project Concept Plan (3 of 5) Plan Conceptual City Council 18 – 16 9/17/2024 Standard Avenue Bikeway Project Concept Plan (4 of 5) Plan Conceptual City Council 18 – 17 9/17/2024 Standard Avenue Bikeway Project Concept Plan (5 of 5) Plan Conceptual City Council 18 – 18 9/17/2024 CITY OF SAN'TA ANA REBID PROPOSAL PRO.IECT NO. 20-6965, ATP 5063(196) - STANDARD AVE BIKEWAY FROM WARNER AVE TO 2ND S',r PROJECT NO. 20-6962, ATP 5063(198) MCFADDEN AVE BIKEWAY I'ROM I]ARBOR BT.VD TO GRAND AVE PROJECTNO. 23-6707 _ STANDARDAVE PAVEMENTREI{ABILII.A.TION IROM WARNERAVE TO 2ND SI PROJI'Ij'1 N0. 23-6705 - MCt'Al)l)liN AVI PAVi-lM F.N'l trF.tJAB[,Il A ftoN I-ROM HAI{BOR t]t.Vt) 10 ITATRVI.]W S IPROJECI'NO. 19.6923 _ MC}ADDEN AVE PAVEMENT REHABILITA'IION FROM TAIRVIEW ST TO RAITT ST. PROJECT NO. 23-6706 - MCFADDEN AVE PAVEMENT REHABILMATION FROM RAITT ST TO GRAND AI,IE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Vido Samarzich, lnc. REQUIREMENT: The undersigned bidder declares that tliey have carefllly examined the location of the proposecl work, that they have exautinecl the Coniract Documents in its eutirety ancl hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if anv) and the specifications for the unit price(s) or lump surn(s) ser forrh in the following schedule: BASE BID: 20-6965, ATP s063(196) - STANDARD A\1E BIKEWAY FRON'I \,VARNER A\/E TO 2\r) ST 2O-6962, ATP 5063(19f]) - MCFADDEN AVE BIKEWAY FRONI HARBOR BLVD TO CRAND A\/E 19-6923 _ MCFADDEN AVE PA\/f,MENT REIIABILTTATION FROIII FAIRVIEW ST TO RAITT ST Item Description Qty thit Unit Price Amount I STORM WATER POLLUTION PREVENTION PLAN (SWPPP) . RISK LEVEL 2 I LS $ 600,000.00 $ 600,000.00 2 T INCI,ASSIFI ED EXCAVATION,,.6,1'73 CY :[ 200.00 $ 1,234,600.00 3 REMOVE EXISTING TREE 2 EA $ 3,000.00 $ 6,000.00 4 COLD PLANE EXISTING ASPHALT CONCRETE PAVEN4ENT (2" IVfAX) 299.410 SF $ 0.66 $ 197,610.60 5 CONSTRUCT ASPHALT RUBBER HOT MIX (THICKNESS PER PLAN)* J)t')TON :[ 200.00 S 842,400.00 6 CONSTRIJCT ASPHALT C'ONCRETE PAVEMENI'X 1.1 00 TON $ 240.00 $ 744,000.00 7 CONSTRUCT AGGREGATE BASE* 370 TON $ 100.00 $ 37,000.00 8 CONSTRUCT MOD]FIED CONCRETE CURB AND GI]TTER TYPE A-2-8 PER C S A. sTD PLAN NO. I l0l WITH I' GUTTER PLATE PAN 8.570 LF $ 80.00 $ 685,600.00 9 CONSTRUCT CONCRETE CURB AND GUTTER TYPE A-2-8 PER C.S.A. STD PLAN NO. I ioi 2.450 LF $ 80.00 S 196,000.00 P-l ofP-30 EXHIBIT 2 City Council 18 – 19 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PR0.IECT N(). 20-6965. ATP 5063(196) STANDARD A\,T RIK[:\^/AY FRON4 W.ARN};R AVIr t O ZND Sj' PROJECT NO. 20-69(12, ATP 5063(l9tt) MCIr,\DDEN AVil lllKirW,\Y trlloM IL\RIIOR ULW) TO GI{AND AVE PROJECTNO. 23-670'7 STANDARD A\/E PAVLNIENT I{l,llAIllLU.A.l'l()N fl{OM WARNl,l{ AVil'l'O ?Nr) sl' PRO.IF.Cl NO.2.:t'67()5- MC["AI)l)tlN AVI': PAVtrl\,ltiN I Rl-llAllll.l lAlloN tit{OM HARltolt t.}t.VI) tI) l,AItt\/lt.,WSt PROJECT N0. l9-6923 MCITADDEN AVE PAVITMI':NI-RIliIABll-II'A]]ON IROM FAIRVIIIW 51'.to ltAlt-t Sl' PROJECI NO. 23-6706 - ]vICFADDIIN AVII PAVtllv{EN'I IUIFIAIIILITATION ItrROI\,I II-AII'T S-f "tO (it{ANtt AVli Item Description Qty Unit Unit Price Amount l0 CONSTRUCT CONCRETE CURB TYPE AI-6 PER CALTRANS STD. PLAN AIITA 100 LF $ 80.00 $ 24,000.00 11 CONSTRL]CT CONCRETE CURB AND GUTTER TYPE A-2-6 PER C.S.A. STD PLANI NO. 1 i0l | 324 T,F 5i 80.00 $ 105,920.00 t2 CONSTRUCT CONCRETE CT]RB AND GUTTER TYPE A-2-(, PER c.s.A. sTD PLAN NO. l1o1 (12" GUTTER PAN) 9.400 LF $ 80.00 $ 752,000.00 l3 CONSTRUCT CONCRETE CURB AND CUTTER TYPE B-1 2,178 LF $ 80.00 $ 174,240.00 t4 CONSTRUCT CONCRETE CURB TYPE BI-6 PER CAI,TRANS STD PLAN A87A 530 LF $ 80.00 s 42,400.00 t5 STAMPED CONCRETE 6,500 SF $ 30.00 S 195,000.00 16 RETAINING CURB 235 LF $ 50.00 5i 1 1,750.00 t7 CONSTRUCT CONCRETE BUS PAD PERC.S.A. STD PLAN NO. I 108 11,r70 SF $ 30.00 $ 335,'100.00 l8 CONSTRUCT 6'' MONOLITHIC PCC BIKE LANE PER DETAIL WITH DOWELS 26,990 SF $ 25.00 $ 674,750.00 19 CONSTRUCT 8'' MONOLITH IC PCC BIKE LANE OVER COMPACTED SUBGRADE WITH SCORE JOINTS AT IO' INTERVAL. DOWELED AND BONDED TO E,XISTING S]DEWALK AND DRIVEWAY APPROACH AT 24" INTERVALS (t 260 SF $ 40.00 s 250,400.00 20 CONSTRUCT 8'' MONOLITHIC PCC BIKE LANE AND 8'' CT-IRB OVER COMPACTED SUBGRADE PER DETAIL "C'' ON SHEET DSO1 WITH SCORE JOINTS AT IO' INTERVALS 3.250 SF $ 45.00 $ 146,250.00 21 CONSTRUCT CURB RAMPS TYPES PER PLANS* t0,t22 SF $ 35.00 $ 354,270.00 22 CONSTRUCT ALLEY APRON PER C.S.A. STD PLAN 1I I I AND DETAILS AS SHOWN ON CONSTRUCTION DETA]L SHEETS. 392 SF $ 30.00 rj 11,760.00 P-2 of P-30 City Council 18 – 20 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PRC).IECT N0. 20-6965. ATP 506.1(196) - S]'AN"DARD AVI': ljlKtj\ /AY I:ROM WAITNER AVI: t-O )Nr) sl- PROJECT N0. 20-69(,2, A]]'] 5063( 198) N{CITADDEN z\VIl }}IKF.WAY Irl{OM IIAIIIJOII L}I-VI ) 't1) GI{AND AVII PROJECT NO 23.6707 S'TANDAITD AVI, PAVI]MENT I{F,HABII TAII()N II{OM WARNEI{ AVF ]'0 ?N]) S1' PROJI'.Cl No 23-(170-5 MCITAI)l)[rN AVt] l'AVtiN4l'lNl Rl-.llAlill.l lAltoN l]ltoM IIARIJot{ t.}t.Vt) lol.AtR\/u,.WSt PROJECI'NO. 19-6923 MCFADDEN AVI: PAVLMIIN'| REIIABILI'IA t tON I.ROM FAIR\/il:w S f tO RAI I I St' PRO.IEC'I NO. 23-6706 IVICFADDITN AVE PAV}:.MI.N]'I{L:}IABILITATION FROM ItAII"t S'f t'O GRAND AVF. Item Description Qty Unit Unit Price Amount 23 CoNSTRUCT PCC N4EDIAN (4" THICK) 1.700 SF $ 20.00 $ 34,000.00 24 CONSTRT]CT 4'' THICK SIDEWALK PER C.S.A. S I't) PLAN 1IO4* 28,l] t SF .$ 15.00 $ 421,965.00 25 CONSTRUCT CROSS GUTTER PER C.S.A, STD PLAN I I0' 9.291 SF $ 26.00 ii 241,566.00 26 CONSTRUCT DRIVEWAY APPROACH PER CASE I. PER C.S.A. STD. PLAN i1i2 AND DETAILS PER PLANS, (T:8") 4.'730 SF $ 22.00 $ '104,060.00 27 DETECTABLE WARNING SURT'ACE PER C.S.A. STD PLAN il22 780 SF $ 40.00 $ 31,200.00 28 INSTALL 6" PVC PIPES (LOCATTON PER PLAN) 1,340 LF $ 100.00 $ 134,000.00 2<)REMOVE EXISTING CATCI{ BASIN AND CONFLICTING P]PE 2 EA ,i) 7,500.00 $ 15,000.00 30 FALSE CURB (JVIAPLE ST AND MCFADDEN AVE) I EA $ 6,000.00 S 6,000.00 3l CONSTRUCT JUNCTION STRUCTURE _ PIPE TO PIPE (CASE 1) PER SPPWC 332-2 2 EA $ s,500.00 $ 11,000.00 32 CONSTRUCT JUNCTION STRT]CTTIRE _ PIPE TO PIPE (CASE 2) PER SPPWC 1.12-2 1 EA $ 5,500.00 .$ 5,500.00 -1 -1 CONSTRUCT JLNCTION STRUCTURE - PIPE TO RCB PER SPPWC 33.1-2 2 EA $ 7,000.00 $ 14,000.00 34 CONSTRUCT CURB OPENING CATC BASIN WITH GRATING(S) PER SPPWC 302-3 (ONE GRATE) I EA $ 15,000.00 $ 15,000.00 35 CONSTRUCT CATCH BASIN TYPE ''B" PER C.S.A. STD PLAN NO.302 (W:t2') I EA $ 19,000.00 $ 19,000.00 36 CONSTRUCT CATCH BASIN TYPE "B" PER C.S.A. STD PLAN NO.302 (W:7') I EA $ '15,000.00 :i, 15,000.00 37 CONSTRUCT CATCI{ BASIN TYPE ''C'' PER C.S.A STD PLAN NO.303 (W:5',) 1 EA s 13,000.00 $ 13,000.00 38 CONSTRLICT CATCH BASIN,I'YPE ''B' PER C.S.A. PLAN STD. PLAN 302. (W:21) I EA $ 23,000.00 $; 23,000.00 P-3 of P-30 City Council 18 – 21 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PRC).IECT NO. 20-6965. AIIr 5063( 196) SI'ANDARD AVI BIKEWAY I,ROM W-AIINER AVL t-() )ND sl' PROJECT N0. 20-69(t2, A'i} 5063( 198) MCITADDEN AVE BIKL.WAY I,ROM IL\I{IJOI{ IILVD lI) GITAND AVL PROJECT NO. 23'670'1 -' STANDAITD AVt PAVFIVIIINT I{rIIAI]]LI]'.41X)N IrROM WAI{Nl:l{ AV| l'O ?Ni) ql' PRO.IF.C l No. 23-(17{)5 - MClrAI)l)llN AVl-: PAV}ri\4I-lN l R l:l lA lJll l t A t toN };RON4 nAR tjott t.}t.Vt) l() l,n tR\/ t}rw S l PROJECI-NO. l9-6923 MCITADI)EN AVts PAVliMl:NT RIrllAIlli.l'IA fl()N f ROM i:AlR\/tEW S f TO I{AIf t'S f PRO.IEC'I N(). 23-6706 " lvlCFADDIlN AVE PAVITMI:NT l{1]l1ABII-[IA'|ION I.ROM ITAITT St 'tO (itlAND AVll Item Description Qty Unit Unit Price Amount 39 CONSTRUCT CATCH BASIN TYPE "C" PER C.S.A STD PLAN NO.303 (W:4) I EA $ '13,000.00 $ 13,000.00 40 CATCH BASIN INLET RECONSTRUCTION (TOP SLAB ONLY) I EA $i 11,000.00 $ 11,000.00 41 CONSTRUCT MANHOLE JLINCTION CI.IAMBER TYPE "R" PER C.S.A. STD PLAN 308 I EA $ 24,000.00 S 24,000.00 42 CONSTRUCT MANHOLE JUNCTION CHAMBER TYPE "C" PER C.S.A. STD PLAN 308 I EA (l 24,000.00 $ 24,000.00 43 CONSTRUCT 6" CLEAN OUT I EA $ 4,000.00 $ 4,000.00 44 INSTALL lrJ" RCP (D LOAD PER PLAN) AND BEDDING DETAILS PER C.S.A. STD. PLAN I I50 140 LF $; 800.00 $ 1 12,000.00 45 INSTALL 24" RCP (D LOAD PER PLAN) AND BEDDING DETAILS PER C.S.A. STD. PLAN I I50 l4 LF $ 1,000.00 $ 14,000.00 46 CONSTRUCT CONCRETE COLLAR (D=24") FOR RCP PER C.S.A, STD. PLAN 320 I EA $ 3,000.00 $ 3,000.00 47 STANDARD AVE - PILTERRA I8'X 8'SYSTEM I EA $ 160,000.00 $ 160,000.00 48 MCFADDEN AVE - FILTERRA 20'X 5'SYSTEM I EA $ 130,000.00 s 130,000.00 49 N,ICFADDEN AVE - CONCRETE I\,IODULAR WETLANDS BMP SYSTEM (MWS-L-4-8-3'-2"-C- LTG) I EA $ 95,000.00 S 95,000,00 50 MCFADDEN AVE - CONTECH CONNECTOR PIPE SCREEN -)EA $ 5,000.00 $ 15,000.00 5l MCFADDEN AVE - CONTECH FULL CAPTURE F]LTER WITH TROUGH SYSTEM (BIO-CURB- FULI--24) I EA $ 9,000.00 S 9,000.00 52 CONSTRUCT SIDEWALK UNDERDRAIN 2 EA $ 10,000.00 S 20,000.00 53 MODIFIED PARKWAY CULVERT I EA .$ 25,000.00 $ 25,000.00 54 ADJUST WATER VALVE FRAME AND C'OVER TO FINISH GRADE PER C.S.A. STD PLAN l4t0 il3 F,A $ 1,500.00 $ 169,500.00 P-4 of P-30 City Council 18 – 22 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL I'RoJECT N(). 20-6965. A'IP 5063(196) - STANDARD n VL TJIKI-WAY i.l{OM WAItNtrtt AV[-j t-() ,Nr) sj' PRO.IECT NO. 20-6962, A1'P 5063( 198) MCI],\DDITN z\\/E IIIKF.WAY ]:ROM II,\RBOR BL\D 1'() GRAND AVtj PROJECT NO. 2.3-6'107 STANDAITD AV!. PAVEN,ILNI'I{LIIAIIILI'tAllON I]ROM WARNIII{ AVI] 'fo ,ND 51' PRO.Il'lcl NO 23-6705 MCIfAI)l)lrNAVI'.PAVtTMHNIRl:l1A[.tll.l IAIION]ltOM ItAttljOlillt.Vt) tI)t-AlRVlrwSI PI{OJECI NO. 19-692-1 - MCIADI)IIN AVII PAVI:;MINT RIIIARILIIAII()N FROM liAtRVItW S I' IO RAI I t Sl PR0.]ECT NO. 23-(1706 - Iv{CFADDbIN AVl.l PAVF.MLINT IU1}IAIJILITATION FRON,I I{AITT ST TO GRAND AVtr. Item Description Qty Unit Unit Price Amount 55 ADJUST GROUNDWATER I\4ONITORING WELL COVER TO FINISH GRADE 6 EA $ 1,300.00 $ 7,800.00 56 ADJLIST SEWER CLEANOUT FRAME AND COVER TO FINISHED GRADE PER C.S.A. STD PLAN I2O4 I EA $ 1,500.00 $ 1,500.00 57 ADJUST SEWER MANHOLE FRAME AND GRATE TO FINISH GRADE PER C.S.z\. STD PLAN t 20l f)EA .$ 1,300.00 $ 41,600.00 58 ADJUST STORM DRAIN MANHOLE FRAME AND GRATE TO FINISH GRADE PER C.S.A STD PLAN I2OI l3 EA $ 1,300.00 $ 16,900.00 -s9 RELOCATE I.'IRE H Y T]RAN-T AND ASSEMBLY EA $ 20,000.00 S 60,000.00 (r0 REMOVE FIRE IIYDRANT AND ASSEMBLY TO 3-FT BELOW GRADE 2 EA d, ,D 4,000.00 .$ 8,000.00 61 ADJUST WATER METER TO FINISHED GRADE PER C.S.A. STD PLAN I40I -1 EA .$ 700.00 S 2,100.00 62 ADJUST TRAFFIC PULLBOX TO FINISHED GRADE 8 EA $ 560.00 $ 4,480.00 63 FURNISH AND INSTALL NEW WATER VALVE FRAME AND COVER TO FINISHED GRADE, l()EA $ '1,700.00 $ 27,200.00 64 REMOVE EXISTING CHAIN LINK FENCE 140 LF $ 45.00 1, 6,300.00 65 INSTALL 6'CHAIN LINK FENCE PER SPPWC STD. PLAN 600-4 14()LF $ 65.00 $ 9,'100.00 66 REMOVE AND INSTALL STREET LICIIT WITI,I CONDUIT AND PULLBOX PER C.S.A, STD PLAN I126H I EA s 1 1,760.00 $ 11,760.00 67 REMOVE CONFLICT LITII-ITY SERVICE LINE lt EA $ 2,000.00 $ 22,000.00 68 INSTALL I'' COPPER WATER SERVICE WJTH I'' METERPER c.s.A. sTD. "O* 1+r)1. LOCATION PER LANDSCAPE PLAN 4 EA $ 10,000.00 ,$ 40,000.00 69 SIGNING AND STRIPING I LS $ 1,400,000.00 .$ 1,400,000.00 P-5 of P-30 City Council 18 – 23 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PRC).IECT N(). 20-6965. ATP 5063(196) - STANDARD AVE BIKEw.^y FRI]M W.AIiNLR AV[: l o 2Nr) s]' PROJECT NO. 20-6962, ATP 5063(198) MCI',A.DDEN AVtr IIIKLWAY I]ROM IINUIOR BI-VD 1'() GRAND AVI PROJECT NO. 23-6701 STAIJDARD AVII PAVFI\,{I:N'I I{EILAIIILI]'.{TI()N rI{oM WAII.NUI{ AVI: T'O 2r\D S I PR( ).'l'lc I NO. 2.1-(r7()5 MCliAl)l)liN AVI', PAVtlM IIN I ltlrl lA llll l I A I ION l:ROI\4 IIAR BOt{ lil.Vt) tI) lfA lltVil:W S I PROJECT NO. 19-6923 - MCIADDEN AVE PAVI:;MI'INI REilAllll.[IA'llON FII0M I.A]R\/IL.W S f TO I{An l' S IPR0.IECT No. 23-6706 lvfcFADDltN AVE PAVEMI:N] turt.tA}ilt-ffA'floN ]]ltotvt ItAIT"f s'I't-o GRANI) AVI: Item Description Qty Unit Unit Price Amount 70 TRAFFIC SIGNAL MODIFICAT]ON . STANDARD AVE & WARNER AVE I LS $ 72,000.00 $ 72,000.00 7t TRAFFIC SIGNAL MODIFICATION - STANDARD AVE & ST. GERTRUDE PLACE I LS $ 83,500.00 $ 83,500.00 72 TRAFFIC SIGNAL MODIFICATION - STANDARD AVE & EDINGER AVE I LS $ 327,100.00 $ 327,100.00 TRAFFTC SIGNAL MODIFICATION - STANDARD AVE & IIOBART STREET I LS $ 1 10,000.00 $ 1 10,000.00 74 TRAFFIC SIGNAL MODIFICATION - STANDARD AVE & McFADDEN AVE I LS $ 387,000.00 $ 387,000.00 75 PEDESTRIAN HYBRID BEACON INSTALLATION - STANDARD AVE AND WAKEHAM AVE I LS S 259,000.00 $ 259,000.00 76 TRAFFIC SIGNAL INSTALLAT]ON . STANDARD AVE & BISHOP STREET I LS $ 362,000.00 S 362,000.00 77 TRAFFIC SIGNAL MODIFICATION - STANDARD AVE & CHESTNUT AVE I LS $ 81,000.00 .$ 81,000.00 78 TRAFFIC SIGNAL I\4ODIFICATION - STANDARD AVE & FIRST STREET I LS $ 22,000.00 s 22,000.00 79 TRAFFIC SIGNAL I\,{ODIFICAT]ON _ N4CFADDEN AVE & HARBOR BLVD I LS li 103,000.00 ,$ 103,000.00 80 TRMFIC SIGNAL MOD]FICATION - IvTCFADDEN AVB & RIVERVIEW MARKEI PLACE I LS $ 93,000.00 $ 93,000.00 8l TRAFFIC SIGNAL MODIFICATION _ MCFADDEN AVE & JACKSON STREET I LS .$ 72,500.00 $ 72,500.00 82 TRAFFIC SIGNAL MODIFICATION _ MCFADDEN AVE & MOHAWK DRIVE I LS $ 79,000.00 s 79,000.00 83 TRAFFIC SIGNAL MODIFICATION MCFADDEN AVE & FAIRVIEW STREET I LS $i 86,500.00 S 86,500.00 84 TRAFFIC SIGNAL MODIFICATION _ MCFADDEN AVE & SULLIVAN STREET I LS $ 80,000.00 $ 80,000.00 85 ]'RAF'FII] SIGNAL MODIFICATION _ ]\4CFADDEN AVE & CENTER STREET I LS $' 83,000.00 $ 83,000,00 P-6 of P-30 City Council 18 – 24 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PRC).IECT NO. 20-6965. ATP ,s063( 196) - sTAj\iDARD At,T BIKLTu/AY I,RoM WAI{NLR AVF To )N-D s'1' PROJECT NO. 20-69(12, ATP 5063( 198) I\'{CI"'ADDEN AVIrr I}IKEWAY IrROM H,\IUtOit Ili-W) I ( ) GITAND A\/ll PROJECT NO. 23-670']- S'|ANDAI{D AVE PAVIllvtl.N'f Rir}IAlllL[.^.11()N irRoM wAttNtr.t{ AVI] T'O r*,, t'r'PR0JI',Cl No.23-(1705 M(ll'AI)l)l1N AVI', PAVliMllN I [tl llAl]tt ttA,loN lil{oM ItARB()tt BLVI) Ir) l-'AIl{vilrw s I PRO.IECT NO. I9-6923 MCI.ADDEN AVL PAVI,MENI REI{A].}IL[IA'I'I()N I--[{OM ]]AII{VIITW S f TO RAII']' STPROJECI N0. 23-6706 - lvlCFADDl:.N r\VE PAVtiMi:.N f 1UrllAIllLITA'ftON tjRONI I{AIIT'ST'TO GttANt) AVII Item Description Qty Unit Unit Price Amount 86 TRAIFIC SIGNAL MODIFICATION _ MCFADDEN AVE & RAITT STREET I LS $ 103,000.00 $ 103,000.00 87 TRAFFIC SIGNAL MODIFICATION _ I\4CFADDEN AVE & PAC]PIC AVE I LS $; 65,000.00 S 65,000.00 88 TRAFFIC SIGNAL MODIFICATION _ N4CFADDEN AVE & BRISTOL STRTET I LS $ 26,500.00 S 26,500.00 89 TRAFFIC SIGNAL MODIFICATION _ ]\,ICFADDEN AVE & SI{ELTON STREET I LS $ 291,000.00 $ 291,000.00 90 TRAf'FIC SIGNAL MODIFICATION _ \4CFADDEN AVE & FLOWER STREET 1 LS $ 15,000.00 5i 15,000.00 9l TRAFFIC SIGNAL MODIFICATION _ MCFADDEN AVE & BROADWAY STREET I LS $ '147,000.00 I' 147,000.00 92 TRAFFIC SIGNAL MOD] FICATION _ MCFADDEN AVE & MAIN STREET I LS $ 76,500.00 $ 76,500.00 93 TRAFFIC SIGNAL MODIFIC]A]'ION * N4CFADDEN AVE & ORANGE AVE I LS $ 174,000.00 $ 174,000.00 94 TRAFFIC SIGNAL I\4ODIFICATION _ MCFADDEN AVE & MAPLE STREET I LS $ 127,500.00 $ 127,500.00 95 TRAFFIC SIGNAL MODIFICATION - N4CFADDEN AVE & HATHAWAY STREET I LS $ 77,000.00 $ 77,000.00 96 TRAFFIC SIGNAL MODIFICATION - I\4CFADDEN AVB & GRAND AVE I LS $ 78,500.00 $ 78,500.00 97 MODIFYING RRFB SYSTEM (oAK ST MTDBLOCK CROSSING) I LS $ 4,200.00 $ 4,200.00 98 FURNISH AND INSTALL TRAFFIC LOOPS /l EA $ 590.00 S 43,070.00 99 INSTALL NO.6 PULLBOX t64 EA $ 1,050.00 s 172,200.00 100 INSTALLNO.6E PULLBOX 22 EA $ 1,300.00 $ 28,600.00 10r INSTALL 3'' PVC CONDUIT 9.530 LF $ 98.50 S 938,705.00 102 INSTALL 4" PVC CONDUIT 1,7 t7 LF 186.00 $ 319,362.00 P-7 of P-30 City Council 18 – 25 9/17/2024 CITY OF"SANTA ANA PROPOSAL REBID ADDENDUM NO. PROJECT N0. 20-6965, ATP 5063(196) - IiI'ANDARD AVE BIKEWAY lrt{oM WAI{NEII AVD'tO 2ND STPROJECT NO. 20.6962, A'TP 5063( I98)- MCFADDEN AVE BIKEWAY FITOM I.IAI{I]OI{ BLVD TO GMND AVI.]PROJECT N0. 23'6707 - STANDARD AVE PAVEMENT REI-IABII-lTA'rlON FROtvt WARNER AVE.t'O 2ND St.PROJEC'r NO. 23-6705 - fi'ICFADDEN AVE PAVEIVIENI'REI-IABII.I'|A'I]ON FROM HATUJOR IILVD.IO FAIRVIE\,v STPROJECT NO. 19.6923 - MCFADDEN AVE PAVEMENT REI{ABILII'ATION I]ITOM ITAIRVIEW ST 'TO RATTT STPROJECT NO 23-6706 - N'ICFADDEN AVE PAVEMEN'I RIHABILITA]]ON I:ROI\4 I{AI rT ST T'O GRAND AVE Itern Description Qtl'Unit Unit f'rice Arnount r03 INSI'AI,T, I P C]OJVIM tJNI CATION SYSTEI\,{S I t., si s 102,000.00 $ '102,000.00 r04 INSTi\t,|. 120 STITAND SICNAI- MODE FIBER oP',UC (SN4FO) CABLE 2.142 LF $ 3.40 $ 7,282.80 I05 INSTAI,I, I2 STRAND SICNAL MODE FTBER OPl'tC (Stvltro) CABLE 2,280 I-F'$ 5.60 $ 12,768.00 r06 INSTALL 24 S]'RAND SIGNAT, MODE FrBER OPTrC) (St\{}'O) CABI.E 20,000 LT s 2.25 $ 45,000.00 107 r{JSION SPI,ICE I STRAND Ort SINGI-E NiIODE t?tBttR Op't'tC (sMFO) 36 F]A $ 358.00 $ 12,888.00 r08 INSTAt,I. FIt]IIR OPTIC] SPLICE CI,,OSURE 22 EA $ 4,500.00 $ 99,000.00 109 POTI.IOLD TRAI-FIC] SICNAI, POLE LOC.]A'I.ION FOR U]'ILII'Y CONFLICT 72 EA $ 1,680.00 s 120,960,00 I l0 RAILI{OAD: IJPI{R PERIvfl -f 1 I,S $ 60,000.00 $ 60,000.00 lil RAILROAD: UPRR FLAGCINC 30**DAY $ r,500 $45,000 112 LANDSCAPI]I LS $ 300,000.00 $ 300,000.00 ll3 IT{RIGATION I t,S $ 650,000.00 S 650,000.00 114 I2O.D,,\Y PLANT ESTABI-ISHMENI' I LS $ 10,000.00 $ 10,000.00 I 15 CONSTRUCT'ION PERI\,IIT I t,S $42.3 r9 s42,-r r9 ll6 PROJECT ADVERTISEMENT SICN .)EA a 2,000.00 $ 6,000.00 n7 CONSTRUC]' II" GATE VAI-VE PER C.S.A. STD PI.,AN NO. I4I(). REPLACE 25'WATER MAIN BETWEEN OI.D AND NEW VALVE L,OCA]'ION WITI.I PVC PIPTJ. CONNEC'T TO EXISI"ING PIPE PER C.S.A STD I,LI\N NO. I 409 I LS $ 35,000.00 S 35,000.00 I l8 CONSTRUCT I2" CATE VALVE C.S,A. ST'D PLAN NO. 14I0. REPLACE 5O'WAT'ER MATN I]ETWEEN OLD AND NEW I LS S 45,000.00 s 45,000.00 P-8 o{'P-30 City Council 18 – 26 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PR0.IEC1 N(). 20-6965. ATP 5063( 196) - STANDARD AVh lllKIlWAY i:ROM WAI{NII{ AVL. l'O 2ND S l PROJECT NO. 20-6962, ATP 50(13(198) MCITADDEN AVE IliKI:WAY |IIOM IIAIUJOI{ UI-VI) I'o GIIA.ND AVI: PROJECTNO. 13-610'1 STAiVDARDAVE PAV}IN{F.NTI{lrll.ABIl.ll'All()N IrROtr{ WARNIII{AV| TO?Ni) qf PRO.ll'lcl NO. 23-(1705 MCIfAI)l)l1N AVI-. PAVtrMt'N I tttrllAlJlt ttA ttoN FRoM Hn RtJoR Ut.Vl) lo t-AtRVu,.w S I PROJECT NO 19-6923 ' MCFADDEN AVII PAVI:;MIjNI' REIIABILII'A'IION I]ROM l:AIIt\/lLtW S f T1) IIAI l l S f PRO.IEC'I NO. 23-Cr706 - IV{CFADDI]N AVti PAVEMLNT ltllllAllll-lTATrcN FROM IIAITT S1 TO GIL,\NI) AVll ADD ALTERNATE NO. I 23-6707 STANDARD AVE. PAYEMENT REHABILITATION FROI\I WiIRNER AVE. TO 2ND ST. Item Description Qty Unit Unit Price Amount VALVE LOCATION WITI{ PVC PIPE. CONNECT TO EXISTING PIPE PER C.S.A STD PLAN NO. I 409 l19 ABANDON EXISTING GATE VALVE. REN{OVE VALVE BOX FRAME AND COVER. CUT OFF RISER 18'' BELOW GRADE. BACKFILL WITH SAND. COMPACT AND REPAVE I LS $ 3,500.00 s; 3,500.00 120 REMOVE AND DiSPOSE EXISTING GATE VALVE l LS $; 9,000.00 $ 9,000.00 t2l CONSTRUCT 6" ROLLED CURB PER DETAIL ON SHEET DD-26 64 LF $ 120.00 $ 7,680.00 TOTAL BASE BID $ n,anlrc.qo Item Description Qty tlnit flnit Price Amount I COLD PLANE EXISTTNG ASPHALT CONCRETE PAVEI\{ENT (2' MAX) 407 "400 SF $ 0.70 $ 285,180.00 2 CONSTRUCT ASPHALT RUBBER HOT MIX (TFIICKNESS PER PLAN)* 5.610 TON $ 215.00 S 1 ,206,1 50.00 3 ADJUST \A/ATER VALVE FRAME AND COVER TO FINISH GRADE PER C.S.A. STD PLAN l4l0 25 EA $ 1,650.00 S 41,250.00 4 ADJUST SEWER MANHOLE FRAME AND GRATE TO FINISH GRADE PER C.S.A. STD PLAN t201 34 EA $ 1,430.00 $ 48,620.00 5 ADJUST SURVEY IV1ONUMENT FRAME AND COVER TO FINISHED GRADE PER C.S.A STD PLAN IIIT -1 EA $ 2,000.00 $ 6,000.00 6 SIGNING AND STRIPING I LS li 500,000.00 $ 500,000.00 P-9 of P-30 City Council 18 – 27 9/17/2024 CITY OF SANTA ANA REB!D PROPOSAL PRO.IECT NO. 20-6965. ATP 5063( 196 ) STANDARD AVi, itIKIr\ rAY iltOM WAI{NI]R AV[: t-0 )NI) s I PRO.TECT NO. 20-69(12, ATP 5063( 198) MCITAI)DIN A\[, l]tKF.wAY fRoM IIARBOI{ Bi-W) t'() GI{.\ND AVL PROJECT NO. 23-670'7 S'tANDARD A\/ll PAVIII\,{hNT I{ir.f l.,\llllrfA1l()N fRoM WAIiNF.J{ AVIr t'O ,Nr., SI' PROJI'.C'l N(). 23-(1705 - MCITAI)l)l:N AVl, PAVtrl\4llN I l(irliAIill l IA I ION I:ROM ilARtJ()tt I.it.VI) tI) l-AIRvn.w S IPI{OJECI'NO. 19-6923 MCFADDEN AVE PAVI:lMliNl- REIlAllll.rrAllC)N FROM l:AtRvit,w S l' [O Itnl t't' 51' PRO.IECT NO. 23-6706 - NICFADDIIn',,\VE PAVITMENTIUrIIAI]II-ITATION FROM I{AIT'I'ST t-(l CRANT) AVli ADD ALTERNATE NO. 2 23-6705 MCF'ADDEN AVf,. PAVE]VTENT REHABILITATION FROI\,I HARBOR BLVD TO FAIRVIEW ST. Item Description Qty Unit Unit Price Amount 7 CONSTRUCTION PERMIT I LS s rs,000 $ 15,(xx) 8 PROJECT ADVERTISEMENT SIGN I EA $ 2,200.00 $ 2,200.00 TOTAL ADD ALTERNATE NO. I BID $ z, r o+,+oo.oo Item Description Qty Unit Unit Price Amount I UNCLASSIFIED EXCAVATION*480 CY $ 181.50 $ 87,120.00 2 COLD PLANE EXISTING ASPHALT CONCRETE PAVEI\4ENT (2'lv{AX) 141,700 SF $ 0.78 $ 1 10,526.00 3 COLD PLANE EXISTING ASPHALT CONCRETE PA\.EMENT (> 2") 67,600 SF $ 2.20 $ 148,720.00 4 CONSTRUCT ASPHALT RUBBER HOT MIX (THICKNESS PER PLAN)* 2.800 TON $ 210.00 s 588,000.00 5 CONSTRUCT ASPHALT CONCRETE PAVEMENT* 1.,s40 TON $ 240.00 $ 369,600.00 6 CONSTRUCT CONCRETE CURB AND GUTTER TYPE A-2-8 PER C.S.A. STD PLAN NO. 1 IOl 2.00 LF $ 77.0A $ 15,400.00 7 CONSTRT]CT CONCRETE BUS PAD PER C.S.A. STD PLAN NO. I IOn 9(X)SF $ 27.50 $, 24,750.00 8 CONSTRUCT 4'' THICK SIDEWALK PER C.S.A. STD PLAN I1O4 800 SF $ 16.50 $ '13,200.00 9 ADJUST SEWER MANHOLE FRAME AND GRATE TO FINISH GRADE PER C.S-A. STD PLAN r 201 4 EA $ 1,430.00 $ 5,720.00 t0 FURNISH AND INSTALL NEW WATER VALVE FRAME AND COVER TO FINISHED GRADE l5 EA $ 1,870.00 $ 28,050.00 P- l0 of P-30 City Council 18 – 28 9/17/2024 CITY OF SANTA ANA PROPOSAL REBID ADDENDUM NO, PRO.IECI NO. 20-69(15, ATP 5063( 196) S]'ANDARD AVE IIIKEWAY I:ROM \\TARNI:.R AVL t-o 2ND s I PROJEC]No. 20-6962, ATP 5063(l9t'i) MCFADD}IN AVL IIIKL\VAY FITOM IIAIiBOR III-VI) 1O (;ltAND AVL PROJEC'I'NO. 23-()707 S IANDARD AVE PAVI-lMl:.N'l RIrHAtl[-ffA I IoN FI{ot\,I wAttNI;t{ AVF] l'O ,Nr) \T PROJECT N0. 23-6705 - MCFADDEN AVE PAVEMIINT RIIIIABILITAII()N FitOI\4 IIARIiOR BLVD Ir) I,AIRVTTTW ST' PROJECI'NO. 19.6927 - MCTTADDEN AVE PAVI-,MENTREI]ABII-TI'A'TI()N FROM IJAIRVILW SI' I0 IiAI I-I'S f PRO.IECT NO. 23-67()6 - MCFADDEN AV[: PAVF]IVF]NT I{LIIABII-I'IA flON IrR.oM RAI'fl ST I() GRn ND AVII AI)D ALTERNATE NO.3 23-6706 MCFADDEN AVE. PAVEMENT REHABILITATION FRON{ RAITT ST. TO GRAND AVE. Item Description Qty Unit Unit Price Amount 1l SIGNING AND STRIPING i I,S $ 300,000.00 $ 300,000.00 t2 F-URNISH AND INSIALI. TRAFI.'IC I-oOPS )EA $ 1,563.00 $ 3,126.00 l3 INS'I'AI-L NO. 6 PT]LLBOX I EA $ 1,136.00 $ 1,136.00 t4 CONSTRT]CTION PEITMIT I I-S $ 10.000 $ r0,000 15 PROJIICT ADVERTI SIIMEN'l SIGN I EA $ 2,200.00 S 2,200.00 TOTAL ADD ALTERNATE NO. 2 BID $ t,zoz,s+a.oo Item Description Qty Unit Unit Price Amount I UNCLAS SI FIT]D TJXCAVA'I'ION ,.3,1 60 C'Y $ 181.50 c 573,540.00 2 CO[,D PLANI] F,XISI-IN G ASPI]AI,T C]ONCREI'[: PAVEMENT (2', MAX) 445,300 sF'$ 0.65 $ 289,445.00 .,COLD PI-ANE EXISl'ING ASPHAI-I CONCRI:'IL PAVITMEN'f (> 2") 19,900 SF $ 2.45 "\ 48,755.00 4 CONSTRIICT ASPIIALT RUBBITR HOT MrX (I'HTCKNESS PER PI-AN)* 7,000 foN si 210.00 S 1,470,000.00 5 CONSTRUC'f ASPIIAI-T CONCREI'I1 PAVEMIIN I* 5,060 foN $ 240.00 $ 1,214,400.00 6 CONSTRI]C1' CONCItIi IE ClIRB AND C}IITI'I]R ]'YPE A-2-8 PER C-S.A. STD PI,AN NO l IOI 200 I-F $ 77.00 li 15,400.00 7 CONSTRIIC'I CONCRlil lI Ctjl{ll AND GUTII:rI{ TYPE B-l 100 I,I $ 77.00 $ 7,700.00 8 CONS T-ITTJC]T CONCRETI] I]T]S PAD PER C.S.A. STD PLAN NO. I 108 4.000 SF ,$ 27.50 $ 1 10,000.00 P-l I ofP-30 City Council 18 – 29 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PR()JECTN0. 20-6965. A]'P 5063(196)- STANDAI{D A\rE ItlKIr\\IAy }:ROM wAI{NLI{ AVI- lO 2Nr) ql PRO.IECTNO 20-(19(,2,At?5063(t98) N'{CITADDENAVIIliKi:W,\Y}jROMIIAIIIIORBI-VI)ToGITANDAVE PROJLICTNO. 23-6707 S'|ANDAIU A\/ii PAVFMF.N'I ItLlLAIlll-ffAll()N FI{OM WARNI:I{ AVE T'O )N ) (l' PROJI-.CI N().23-6705-MCll'Al)l)lrNAVI-.PAVITMLNII{FlIAUII IIAIloNI-t{()N4TJARB()t{BLVt)lI)l-AIt{VltlWSI PI{OJECI-NO. l9-6923 MCITADDEN AVE PAVIIMI';N]' REIli\lllLI fA ll()N l'ItOM [rAlt{VII:]W S f l() I{AI t-t 51 PROJEC'I N(). 23-6706 - Iv{CFADDIIN i\VE PA\zl:Ml::N I I{L:IIAIJII-IIAION I.ROI\{ ITAII T ST T-o GRAND AVii Item Description Qty Unit Unit Price Amount 9 CONSTRUCT 4'' THICK SIDEWALK PER C.S.A. STD PLAN I1O4 3.1 00 SF $ 16.50 $ 51,150.00 l0 CONSTRL]CT CROSS GUTTER PER C.S.A. STD PLAN 1109 165 SF $ 29.00 s 4,785.00 11 CONSTRUCT DRIVEWAY APPROACH PER CASE I, PER C.S.A. STD. PLAN I II2 AND DETAILS PER PLANS. (T=8") 1, t00 SF $ 24.50 $ 26,950.00 t2 ADJUST WATER VALVE FRAME AND COVER TO FINISH GRADE PER C.S.A. STD PLAN t4l0 (t5 EA $ 1,650.00 $ 107,250.00 l3 ADJUST SEWER MANHOLE FRAME AND GRATE TO FINISH GRADE PER C.S.A. STD PLAN l20l 55 EA .$ 1,430,00 s 78,650.00 t4 ADJUST SURVEY NIONUMENT FRAME AND COVER TO FINISHED GRADE PER C.S.A. STDPLAN IIIT 6 EA $ 2,000.00 .$ 12,000.00 15 ADJUST WATER METER TO FINISHED GRADE PER C.S.A. STD PLAN I4O] 7 EA $ 770.00 s 5,390.00 t6 ADJUST TRAFFIC PULLBOX TO FINISHED CRADE 1 EA $ 1,830.00 $ 1,830.00 t7 SIGNING AND STRIPING I LS $ 500,000.00 S 500,000.00 1ti FURNISH AND INSTALL TRAFFIC LOOPS 5 EA $ 900.00 $ 900.00 l9 CONSTRUCI'ION PERMIT I LS $' 15,0()0 { I5 (}Oo 20 PROJECT ADVERTISEMENT SICN I EA $ 2,200.00 S 2,200.00 P-12 of P-30 City Council 18 – 30 9/17/2024 CITY OF SANTA ANA PROPOSAL REBID PRC)JECT NO. 20-6965. A'tP 5063( 196) -- ST^NDARD AVti IJIKI;]WAY I;ltoM WAI{N[.I{ AVli l-o )Nn s't PROJECT N0 20-6962, A1 P 5063(198) MCITADDEN A\4i IIIKL.WAY ll{OM IIAIIBOR Ilt-U) 1'o GIiAND A\/L: PROJECT NO, 23-6707 S'|ANDAI{D A\1E PAV]]IUF.NI'I{LIIAI]ILI f,A.]'ION I]I].OM WARNEI{ AVJ' To 'N) (I' PROiI-.ClNO.23-(1705-ML'lrAI)l)liNAVI-, l'AVtlMF.Nlt{FllAlJllttAiloNl-t{OMIIARI.}Ol{lil.Vt)tot-AIRVillWSI PROJECI' N(). 19-692.3 MCI-ADDEN AVII I'AVI:;Ml:lNl llEIIAllll.[tAllON I]ROlvI liAlR\/tLlW S f IO RAI I t S I PRO.IEC I NO. 23-67{)6 - NICFADDEiT* AVE PAVEMII.N I IUII IABILITA'fION lrROIvt ITAIT' I St- .to GITANI) AVti TOTAL BASE BID + ADD ALTERNATES NO. 1. NO. 2. NO. 3 I S zo,rog,oog.+o The lowest responsible bidder shall be selected basecl on the total base bicl. The Citv reserves the right to award the Base Bid, ancl any, all, or l1one of the acld-alternate bicl iterns (if anv). * The quantity for this bid itern is shown fbr bid comparison only. This bid item shall not be subject to the"25oh" linrit as stated in Section 7-3 -5 of the Standard Specifications. The actual amount for this itcrn will bc dictatcd by thc actual quantity uscd, and thc A-ecncy rcscrvcs thc right to increase or decrease the quantity of this item accorcringry. ** Contractor shall coordinate with tlre City if additional days are requireclfor the project. f This bid item is considered a Specialty Item per Section 3-2 of the Stanclarcl Specifications. alter the commencement date stated in the Notice to Proceed. Upon issr-rance of the Notice to Proceed. Contractor shall irnrnediately place order for long-lead time iterls (i.e. traffic signal equipment). The Contractor shall submit a construction schedule'uvithin ten (10) working daysfrorl the clate of award of contract, wliich shall include the lead-tirnes for any item requiring long lead-times. The liquidated darnages arnount, in lieu of the arrourlt specified in Subsection 6-9 of the Standarcl Item Description Qty Unit Unit Price Amount TO'TAL ADD ALTERNATE NO.3 BIt)$ 4,5rr,n4u.oo The undersigned bidder hereby proposes to conrplete the Work fbr the total base hicl anrount slrorvn P-13 of P-30 gompletion (5 total phases\ and 30 working dairs rnaximum for UpRR phase completion as shorvn City Council 18 – 31 9/17/2024 CITY OF SANTA ANA REBID PROPOSAL PIt0.lEC l'NO. 20-(1965. n'fP 506-l(196) S]'nNDAItl) nVL IIIKEWAY FITOM Wn RNI:lt AVI. -J() ,NI) q'f PttO.llrcl N0. 20-6962, A'lI'506-l(l9t'l) MCI;ADDIjN AVIr lllKtiWAY IittOM IIAITUOR III-VD l() GI{AND AVlr PI{OJLC'I N0. 23-6707 S'|ANDAI{D AVII PAVEMENI I{LILABILIIAIION I)I(OM WAltNEl( AVI fO 2NI) sl PIIOJLCT NO. 23-6705 MCITADDEN AVh PAVEMLNT RIlllAlllLI lAllON IrROM IIAIUIOR BLVD 1-O FAIRVIEW 51' Plto.IECT NO. 19-692-l - MCf AIIDEN AVE PAVEMENI'IiIrI.IABILITATION I:ROM FAIRVIEW S'f l'() RA[I] Sl' PRO.TECI'NO. 23-6706 -. MCFADDEN A\[ PAVEMENT REI.IARILITATION FROM RAITT ST T'O GITAND AVL, Specifications, shall be $6,000 per calendar day. For each Phase not completed withing the allocated working days liquidated darrages will be applied per Phase. Name of Finn Signature of BIDDER Title President (lf an individual, so state. If a firm or co-paftrlership, state the firm name and give the names of all individual co-paftners composing the finn. If a corporation, state legal name of corporation, and names of Presiderit, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samaaich, lnc. Vido Samazich - President Vido L. Samarzich - Vice President Monika Samazich - Secretary P-14 of P-30 City Council 18 – 32 9/17/2024 EXHIBIT 3 City Council 18 – 33 9/17/2024 City Council 18 – 34 9/17/2024 City Council 18 – 35 9/17/2024 EXHIBIT 4 Construction Contract 19,170,060.00$ Contract Administration, Inspection and Testing 2,462,934.00$ Contingencies 1,917,006.00$ TOTAL ESTIMATED CONSTRUCTION COSTS 23,550,000.00$ CONSTRUCTION OF PROJECT NOS.: 20-6965 Standard Ave Bikeway from Warner Ave to 2nd Street; 20-6962 McFadden Ave Bikeway from Harbor Blvd to Grand Ave; 23-6707 Standard Ave Pavement Rehabilitation from Warner Ave to 2nd Street; 23- 6705 McFadden Ave Rehabilitation from Harbor Blvd to Fairview St; 19-6923 McFadden Ave Rehabilitation From Fairview St to Raitt St; 23-6706 McFadden Ave Rehabilitation from Raitt St to Grand Ave COST ANALYSIS City Council 18 – 36 9/17/2024 EXHIBIT 5 City Council 18 – 37 9/17/2024 City Council 18 – 38 9/17/2024 City Council 18 – 39 9/17/2024 City Council 18 – 40 9/17/2024 City Council 18 – 41 9/17/2024 EXHIBIT 6 CITY OF SANTA ANA FY 18/19 CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED: Reconstruction/resurfacing of existing pavement and replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway. The City's Pavement Management Program has been developed to identify total deferred maintenance requirements for the City's arterial network and to move toward preventative maintenance. As one of the City's arterial streets, McFadden Avenue pavement rehabilitation is identified as a high priority in the Pavement Management Program. McFadden Avenue Rehabilitation: Fairview to Raitt PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP PROJECT COSTS FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 Construction Engineering $1,004,536 $90,325 TOTAL $1,094,861 PROJECT FUNDS FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 M2 LOCAL $1,004,536 FAIRSHARE RMRA SB1 $90,325 TOTAL $1,094,861 AGENCY: Public Works Agency DIVISION: Design Engineering CONTACT: Jason Gabriel, Principal Civil Engineer DATE: 08-May-2018 - 8 - City Council 18 – 42 9/17/2024 CITY OF SANTA ANA FY20/21CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE: Standard Avenue Protected Bike Lanes: 3rd to Warner PROJECT DESCRIPTION: Provide a protected bike lane on Standard Avenue from 3rd Street to Warner Avenue. This project will provide connections to future bike facilities. PROJECT NEED: Project is designed to increase pedestrian/bicyclist safety and mobility. PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP PROJECT COSTS FY 20/21 5,444,000 5,444,000 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Construction Engineering ------ TOTAL ------ SOURCE OF FUNDS FY 20/21 5,444,000 5,444,000 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 ATP - SB1 Augmentation ------ TOTAL ------ AGENCY:DIVISION:CONTACT:DATE: Public Works Design Engineering Sean Thomas, Senior Civil Engineer 04-May-2020 23 City Council 18 – 43 9/17/2024 CITY OF SANTA ANA FY20/21CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT TITLE: McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project: Harbor to Grand PROJECT DESCRIPTION:PROJECT NEED: This project is designed to increase bicyclists' safety and mobility. Provide a Class 4 Protected Bike Lane and Class 3 Bicycle Boulevard from Harbor Boulevard to Grand Avenue in the City of Santa Ana. Project will include some pavement work, sidewalk, ramps, medians, striping and signal modifications. PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP PROJECT COSTS FY 20/21 5,875,000 5,875,000 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Construction Engineering ------ TOTAL ------ SOURCE OF FUNDS FY 20/21 5,875,000 5,875,000 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 ATP - SB1 Augmentation ------ TOTAL ------ AGENCY:DIVISION:CONTACT:DATE: Public Works Design Engineering Kenny Nguyen, Senior Civil Engineer 04-May-2020 25 City Council 18 – 44 9/17/2024 Public Works Agency www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Resolution Declaring City-Owned Properties as Exempt Surplus Land AGENDA TITLE Resolution Declaring City-Owned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land RECOMMENDED ACTION 1.Adopt a resolution declaring City-owned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION 2.Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City owns real property assets that were acquired for various roadway improvement projects and are remnant following capital enhancements. There are miscellaneous portions of land that have remained vacant or landlocked, whose best use would be to adjoin to the adjacent property since they cannot be developed independently. In total, there are 26 remnant parcels ranging in size from 335 square feet to 7,105 square feet throughout the City identified for disposition. Staff recommends that these remnant parcels be disposed of to generate new property taxes to fund City services and operations. Additionally, the activation of these vacant City Council 19 – 1 9/17/2024 Resolution Declaring City-Owned Properties Exempt Surplus Land September 17, 2024 Page 2 4 5 3 6 lots will promote neighborhood improvements, while reducing City liability and the growing expenses of maintaining these lots for fencing and weed abatement on a routine basis. The Surplus Land Act (SLA) requires all local agencies to prioritize affordable housing, parks, and open space, when disposing of surplus land. The legislation requires that before a local agency take any action to dispose of land, the land must be declared as either surplus land or exempt surplus land, and supported by written findings. Adoption of the resolution (Exhibit 1) would declare eligible City-owned vacant properties as exempt surplus land (Exhibit 2) based on qualifying categories. In April 2024, the California Department of Housing and Community Development (HCD) updated their guidelines that delineate the requirements for disposition of city- owned land. Therefore, staff is presenting a revised list of properties that are now categorized as exempt based on their size and the update in legislation. Notice of Exemption Determination The land proposed to be declared as exempt is supported by Section 103(c)(3)(a) small surplus land parcels category, in which the land is less than the 21,780 square feet in area, and is not contiguous to land owned by a local agency that is used for open-space or low and moderate income housing purposes. Additionally, many of the parcels also qualify under Section 103(c)(6) surplus street land, which is a former street, right of way, or easement, and is conveyed to an owner of an adjacent property. In alignment with Government Code section 54221 subd. (f)(1)(b), Notice of Exemption determination shall be provided to the State’s Department of Housing and Community Development at least 30 days prior to disposition. Once SLA requirements are met, Staff will present a new item for consideration of disposition in compliance with the 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. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact for this action at this time. Costs for maintaining vacant lots are escalating, with charges for installation, rental fees, damaged material replacement fees, and emergency fencing requests. Selling remnant land will help to generate necessary project funding that will support right-of-way maintenance and security citywide. Staff will return to Council in the future to consider and approve any land transactions. City Council 19 – 2 9/17/2024 Resolution Declaring City-Owned Properties Exempt Surplus Land September 17, 2024 Page 3 4 5 3 6 EXHIBIT(S) 1. Resolution Declaring Various Properties Exempt 2. Location Maps Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 19 – 3 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby, finds, determines and declares as follows: A.The City of Santa Ana (the “City”) is the owner of real property assets that have been acquired for various roadway improvement projects now completed, as described on Exhibit A (collectively, the “Properties”). B.The Properties are leftover parcels from full parcel acquisitions that were made following the City’s environmental analysis that the project impacts could not be adequately mitigated if only partial acquisitions were made. C.The Properties remain vacant. D.The City’s Public Works Agency has ongoing fencing and cleanup costs associated with maintenance and security of the Properties. E.There are frequent calls from the public inquiring about site maintenance, clean-up, vacant status, and/or expressing support for development of the Properties. F.Proceeds from the sale of the Properties will benefit the Bristol Corridor or other Right-of-Way projects, and the property tax generated may provide funding to enhance City services, and the future development of the Properties would eliminate blight and promote neighborhood liability and sustainability. G.The Properties have become surplus within the meaning of the California Surplus Land Act (“SLA”), Government Code section 54220 et seq., as amended, and are not necessary for the City’s use. EXHIBIT 1 City Council 19 – 4 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 H. By way of Resolution No. 2023-065, adopted on October 3, 2023, some of the Properties were previously identified as exempt or non-exempt surplus land within the meaning of the California Surplu s Land Act, Government Code section 54220 et seq., as amended, and not necessary for the City’s use. I. A change to the SLA in 2024 increased the maximum size of “exempt” parcels of surplus land from 5,000 square feet to one-half acre. Given this change in law, some of the Properties previously identified as non - exempt surplus land under Resolution No. 2023-065 now qualify as “exempt” surplus land based on this increased size allowance. J. The Properties are all “exempt” under the SLA. Exempt Properties may be declared “exempt surplus land” and must be supported by written findings before a local agency may take any action to dispose of the Property consistent with statutory requirements, SL A guidelines, and/or a local agency’s policies or procedures. K. Item Nos. 1 through 7 on Exhibit A are parcels previously identified in Resolution No. 2023-265 as being subject to the SLA, but are now “exempt” from the SLA on the grounds set forth herein. Item Nos . 8 through 23 on Exhibit A are parcels previously identified in Resolution No. 2023-265 as “exempt” from the SLA and are fully restated herein for clarity purposes. Item Nos. 24 through 26 on Exhibit A are additional parcels recently identified by the City which are “exempt” from the SLA on the grounds set forth herein. L. The Properties qualify under Government Code section 54221(f)(1)(B). Specifically, the exempt Properties are less than one-half acre in area and are not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes. M. The exempt Properties shall be sold to a contiguous land owner of the Properties, otherwise the Properties shall not be considered “exempt” under 54221(f)(1)(E). N. None of the characteristics listed under Government Code section 54221, subdivision (f)(2) apply to the Properties. Specifically, the Properties are not within a Coastal Zone, nor are they adjacent to a historical unit of the State Parks System, nor are they listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, nor are they within the Lake Tahoe region as defined in Government Code section 66905.5, City Council 19 – 5 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 otherwise the City would be required to provide a written notice of availability for open-space purposes to entities described in Government Code section 54222, subdivision (b). O. The City is determining that the Properties identified in Exhibit A are, in fact, exempt surplus land under the SLA and City will notify the Department of Housing and Community Development no less than thirty (30) days prior to the disposing of any exempt surplus land. Section 2. The City Council hereby finds and declares that the Properties are no longer necessary for the City’s use and are therefore exempt surplus land, as terms defined in California Government Code section 54221, as amended, based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The City Council hereby authorizes the City Manager to follow the procedures of the Surplus Land Act, California Government Code section 54220, et seq., as amended, with respect to the disposition of the Properties. Section 4. Any proposed agreements for the sale of the Properties shall be subject to the approval of the City Council. Section 5. Sales of the Properties as surplus are exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales). However , if development was proposed on the Properties by a subsequent buyer, then that development would be reviewed under CEQA. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall a ttest to and certify the vote adopting this Resolution. ADOPTED this ______ day of ______________, 2024 _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Jonathan T. Martinez Assistant City Attorney City Council 19 – 6 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 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 Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ________________ ____________________________________ City Clerk City Council 19 – 7 9/17/2024 EXHIBIT A: City‐Owned Vacant Land Exempt Surplus Land: # APN Address Land Use Remnant Area Lot Configuration SLA Status 1 099‐224‐39 5225 W. 1st St. R1 5,738 Standard Exempt 2 099‐224‐38 5221 W. 1st St. R1 5,744 Standard Exempt 3 008‐225‐23 217 S. Bristol St. R2 3,447 SubStandard Exempt 4 008‐225‐24 219 S. Bristol St.R2 5,616 Standard Exempt 5 008‐231‐25 223 S. Bristol St.R2 4,556 Standard Exempt 6 004‐121‐12 1307 W. 10th St. SP1 6,255 Standard Exempt 7 099‐224‐33 114 N. Euclid St. C1 5,000 SubStandard Exempt 8 109‐121‐23 2201 W. La Verne Ave. R 1,651 SubStandard Exempt 9 008‐084‐10 1102 W. 5th St. R 2,711 SubStandard Exempt 10 405‐121‐06 801 N. English St. R 3,976 SubStandard Exempt 11 109‐092‐61 1209 S. Sullivan St. R 3,226 SubStandard Exempt 12 002‐131‐57 2337 N. Riverside Dr. R 2,150 SubStandard Exempt 13 403‐121‐30 1730 S. Grand Ave. R 505 SubStandard Exempt 14 398‐381‐09 414 Santa Fe R 1,731 SubStandard Exempt 15 013‐053‐33 1442 S. Baker St.* R 2,810 SubStandard Exempt 16 013‐052‐27 1441 S. Baker St.* R 335 SubStandard Exempt 17 013‐052‐28 1442 S. Rosewood Ave.* R 409 SubStandard Exempt 18 013‐123‐25 1434 S. Towner St. R 1,411 SubStandard Exempt 19 013‐124‐23 1435 S. Towner St. R 1,587 SubStandard Exempt 20 013‐121‐25 1435 S. Lowell St. R 1,257 SubStandard Exempt 21 013‐124‐24 1434 S. Lowell St. R 1,444 SubStandard Exempt 22 144‐303‐22 3706 W. Camille St.* SP2 597 SubStandard Exempt 23 398‐236‐01 621 Spurgeon R 1,369 Substandard Exempt 24 399‐085‐22 1725 N. Bristol St. SP1 4,521 SubStandard Exempt 25 004‐121‐18 1301 W. 10th St. SP1 7,105 Standard Exempt 26 013‐053‐32 1441 S. Magnolia Ave.* R 5,123 SubStandard Exempt * = adjacent to listed address since land portion does not have site address City Council 19 – 8 9/17/2024 Standard Parcel - 5,738 SF Address: 5225 W. 1st St. APN: 099-224-39; Zoning: R1 5525 W. 1st St. EXHIBIT 2 City Council 19 – 9 9/17/2024 Standard Parcel - 5,744 SF Address: 5221 W. 1st St. APN: 099-224-38; Zoning: R1 5521 W. 1st St. City Council 19 – 10 9/17/2024 Substandard Parcel - <3,447 SF Address: 217 S. Bristol St. APN: 008-225-23; Zoning: R2 217 S. Bristol St. City Council 19 – 11 9/17/2024 Standard Parcel - <5,616 SF Address: 219 S. Bristol St. APN: 008-225-24; Zoning: R2 219 S. Bristol St. City Council 19 – 12 9/17/2024 Standard Parcel - <4,556 SF Address: 223 S. Bristol St. APN: 008-231-25; Zoning: R2 223 S. Bristol St. City Council 19 – 13 9/17/2024 Standard Parcel - 6,255 SF Address: 1307 W. 10th St. APN: 004-121-12; Zoning: SP1 1307 W. 10th St. City Council 19 – 14 9/17/2024 Substandard Parcel - 5,000 SF Address: 114 N. Euclid St. APN: 099-224-33; Zoning: C1 114 N. Euclid St. City Council 19 – 15 9/17/2024 Substandard Parcel - 1,651 SF Address: 2201 W. La Verne Ave. APN: 109-121-23; Zoning: R 2201 W. La Verne Ave. City Council 19 – 16 9/17/2024 Substandard Parcel - <2,711 SF Address: 1102 W. 5th St. APN: 008-084-10; Zoning: R 1102 W. 5th St. City Council 19 – 17 9/17/2024 Substandard Parcel - 3,976 SF Address: 801 N. English St. APN: 405-121-06; Zoning: R 801 N. English St. City Council 19 – 18 9/17/2024 Substandard Parcel - 3,226 SF Address: 1209 S. Sullivan St. APN: 109-092-61; Zoning: R 1209 S. Sullivan St. City Council 19 – 19 9/17/2024 Substandard Parcel - 2,150 SF Address: 2337 N. Riverside Dr. APN: 002-131-57; Zoning: R 2337 N. Riverside Dr. City Council 19 – 20 9/17/2024 Substandard Parcel - 505 SF Address: 1730 S. Grand Ave. APN: 403-121-30; Zoning: R 1730 S. Grand Ave. City Council 19 – 21 9/17/2024 Substandard Parcel - 1,731 SF Address: 414 Santa Fe APN: 398-381-09; Zoning: R 414 Santa Fe City Council 19 – 22 9/17/2024 Substandard Parcel - 2,810 SF Address: 1442 S. Baker St. APN: 013-053-33; Zoning: R 1442 S. Baker St. City Council 19 – 23 9/17/2024 Substandard Parcel - 335 SF Address: 1441 S. Baker St. APN: 013-052-27; Zoning: R 1441 S. Baker St. City Council 19 – 24 9/17/2024 Substandard Parcel - 409 SF Address: 1442 S. Rosewood Ave. APN: 013-052-28; Zoning: R 1442 S. Rosewood Ave. City Council 19 – 25 9/17/2024 Substandard Parcel - 1,411 SF Address: 1434 S. Towner St. APN: 013-123-25; Zoning: R 1434 S. Towner St. City Council 19 – 26 9/17/2024 Substandard Parcel - 1,587 SF Address: 1435 S. Towner St. APN: 013-124-23; Zoning: R 1435 S. Towner St. City Council 19 – 27 9/17/2024 Substandard Parcel - 1,257 SF Address: 1435 S. Lowell St. APN: 013-121-25; Zoning: R 1435 S. Lowell St. City Council 19 – 28 9/17/2024 Substandard Parcel - 1,444 SF Address: 1434 S. Lowell St. APN: 013-124-24; Zoning: R 1434 S. Lowell St. City Council 19 – 29 9/17/2024 Substandard Parcel - 597 SF Address: 3706 W. Camille St. (Adjacent to) APN: 144-303-22; Zoning: SP2 3706 W. Camille St. City Council 19 – 30 9/17/2024 Substandard Parcel - 1,369 SF Address: 621 Spurgeon APN: 398-236-01; Zoning: R 621 Spurgeon City Council 19 – 31 9/17/2024 Substandard Parcel - 4,521 SF Address: 1725 N. Bristol St. APN: 399-085-22; Zoning: SP1 1725 N. Bristol St. City Council 19 – 32 9/17/2024 Standard Parcel - 7,105 SF Address: 1301 W. 10th St. APN: 004-121-18; Zoning: SP1 1301 W. 10th St. City Council 19 – 33 9/17/2024 Substandard Parcel - 5,123 SF Address: 1441 S. Magnolia Ave. APN: 013-053-32; Zoning: R 1441 S. Magnolia Ave. City Council 19 – 34 9/17/2024 Parks, Recreation, and Community Services www.santa-ana.org/parks-recreation Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Second Reading: Ordinance Amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code AGENDA TITLE Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2-743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (6-0-1) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024. RECOMMENDED ACTION 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West Field-Santa Ana Stadium with the expressed written consent of the City Manager or designee. ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2- 743 - LIQUOR 2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At the August 20, 2024 City Council meeting, staff presented an ordinance amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code (SAMC). Under the current SAMC, only beer may be sold at Eddie West Field-Santa Ana Stadium for an event deemed an “adult event” with the express written permission of the Executive Director of the Parks, Recreation, and Community Services Agency (PRCSA). After discussion, the City Council asked for the proposed ordinance to be amended to strike the term “adult event” from the ordinance language. City Council 20 – 1 9/17/2024 Second Reading: Ordinance Amending Article VI (Stadium), Section 2-743 (Liquor) of the Santa Ana Municipal Code September 17, 2024 Page 2 2 The proposed amendment to the SAMC would allow for the sale and consumption of “alcoholic beverages” as defined by the California Businesses & Professions (CB&P) Code Section 23004 (Exhibit 3) with the expressed written consent of the City Manager or designee for events. This would include beer, wine, and distilled spirits. The City Council approved the first reading of the proposed ordinance, as amended, by a vote of 6-0-1 (Councilmember Lopez absent). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). The Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The requested ordinance amendment would allow for wine and distilled spirits, in addition to the existing permissible sale of beer, to be sold at the existing stadium facilities, and no physical construction is required nor necessary to accommodate the proposed SAMC text changes. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Ordinance (Redline for Second Reading) 2. Ordinance (Final) 3. California Businesses and Professions Code Section 23004 Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services Approved By: Alvaro Nuñez, City Manager City Council 20 – 2 9/17/2024 Ordinance No. NS-XXX Page 1 of 5 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 VI (STADIUM), SECTION 2-743 - LIQUOR WHEREAS, the City of Santa Ana’s Parks, Recreation and Community Services Agency (“PRCSA”) operates the Eddie West Field-Santa Ana Stadium (“Stadium”), which hosts a variety of practices, games, and events for local athletic groups, ranging from youth to adult teams, as well as special events such as concerts, rodeos, and boxing matches; and WHEREAS, Chapter 2, Article VI, Section 2-743 of the Santa Ana Municipal Code (“SAMC”) currently prohibits the sale and consumption of intoxicating liquor at the Stadium with the exception of beer upon express written consent by the Executive Director of PRCSA; and WHEREAS, California Business and Professions Code Section 23004 establishes a robust definition of “alcoholic beverage”; and WHEREAS, the proposed amendment to the SAMC would allow for the sale and consumption of "alcoholic beverages," as defined by the California Businesses & Professions Code Section 23004, with the express written consent of the City Manager or their designee, for events deemed "adult events" where the predominant age of the audience can reasonably be expected to exceed twenty-one (21) years, thereby including beer, wine, and distilled spirits; and WHEREAS, concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for a variety in the sale of alcohol, in conformance with SAMC and Alcoholic Beverage Control (ABC) state laws and established parameters; and WHEREAS, this amendment would position Eddie West Field-Santa Ana Stadium competitively with other venues in the City by allowing expanded alcohol sales, thereby attracting revenue-generating events, and providing a safe and appealing economic development opportunity; and WHEREAS, expanding alcohol sales at "adult events" at the stadium has the potential to boost revenue through increased concession sales, enhance the experience for attendees, and support local businesses by driving more traffic to nearby establishments before and after events; and City Council 20 – 3 9/17/2024 Ordinance No. NS-XXX Page 2 of 5 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 2 of the SAMC (Administration), Article VI (Stadium), Section 2-743 - Liquor is hereby amended to read as follows. Sec. 2-743. Liquor Alcoholic Beverages. No intoxicating liquor alcoholic beverages, as defined in California Business and Professions Code Section 23004, shall be sold or consumed upon the premises known as Eddie West Field-Santa Ana Stadium except with the express written consent of the executive director of cultural, recreation and community services City Manager, or their designee, for adult events. The executive director of cultural, recreation and community services may grant such consent, but only for the sale and consumption of beer for adult events. An event may be deemed an "adult event" if the predominate age of the audience can reasonably be expected to exceed twenty-one (21) years. The application and review process shall be in accordance with a policy established by the City Manager. No consent shall be given whenever: (1) The sponsor of the event does not desire the sale and consumption of beer at the event; or (2) The event is sponsored by any school; or (3) The event is in the nature of a youth event, including, but not limited to, concerts and youth athletic events where the predominate audience age is less than twenty-one years or the predominate age of athletes and other participants is less than twenty-one (21) years. For purposes of this section, the term "school" is defined to be an educational institution from the level of community college downward. Any university or four-year college, state or private, where the predominate campus population may reasonably be expected to exceed twenty-one (21) years, which has been proven to attract large numbers of alumni and public over the age of twenty-one (21) as attendees to its sponsored function(s), and which specifically makes written request for the sales of beer to the executive director of cultural, recreation and community services, shall be considered exempt from the provision of subparagraphs (2) and (3), above, and shall assume the same status as any other "adult event" under this section. Section 4. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or City Council 20 – 4 9/17/2024 Ordinance No. NS-XXX Page 3 of 5 former use. The project proposes to allow the sales of alcoholic beverages with express written consent of the City Manager, or their designee, at an existing facility that, currently, may sell beer with the express written consent of the Executive Director of Parks, Recreation and Community Services, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024-XX, will be filed for this project. 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 Clerk shall 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 City Council 20 – 5 9/17/2024 Ordinance No. NS-XXX Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_________________________ Brandon Salvatierra Deputy City Attorney AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 20 – 6 9/17/2024 Ordinance No. NS-XXX Page 5 of 5 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 City Council 20 – 7 9/17/2024 Ordinance No. NS-XXX Page 1 of 4 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 VI (STADIUM), SECTION 2-743 - LIQUOR WHEREAS, the City of Santa Ana’s Parks, Recreation and Community Services Agency (“PRCSA”) operates the Eddie West Field-Santa Ana Stadium (“Stadium”), which hosts a variety of practices, games, and events for local athletic groups, ranging fr om youth to adult teams, as well as special events such as concerts, rodeos, and boxing matches; and WHEREAS, Chapter 2, Article VI, Section 2-743 of the Santa Ana Municipal Code (“SAMC”) currently prohibits the sale and consumption of intoxicating liquor at the Stadium with the exception of beer upon express written consent by the Executive Director of PRCSA; and WHEREAS, California Business and Professions Code Section 23004 establishes a robust definition of “alcoholic beverage”; and WHEREAS, the proposed amendment to the SAMC would allow for the sale and consumption of "alcoholic beverages," as defined by the California Businesses & Professions Code Section 23004, with the express written consent of the City Manager or their designee, thereby including beer, wine, and distilled spirits; and WHEREAS, concert venues, temporary outdoor activities, and special events throughout Santa Ana already allow for a variety in the sale of alcohol, in conformance with SAMC and Alcoholic Beverage Control (ABC) state laws and established parameters; and WHEREAS, this amendment would position Eddie West Field-Santa Ana Stadium competitively with other venues in the City by allowing expanded alcohol sales, thereby attracting revenue-generating events, and providing a safe and appealing economic development opportunity; and WHEREAS, expanding alcohol sales at the stadium has the potential to boost revenue through increased concession sales, enhance the experience for attendees, and support local businesses by driving more traffic to nearby establishments before and after events; and City Council 20 – 8 9/17/2024 Ordinance No. NS-XXX Page 2 of 4 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 2 of the SAMC (Administration), Article VI (Stadium), Section 2-743 - Liquor is hereby amended to read as follows. Sec. 2-743. Alcoholic Beverages. No alcoholic beverages, as defined in California Business and Professions Code Section 23004, shall be sold or consumed upon the premises known as Eddie West Field-Santa Ana Stadium except with the express written consent of the City Manager, or their designee. The application and review process shall be in accordance with a policy established by the City Manager. Section 4. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The project proposes to allow the sales of alcoholic beverages with express written consent of the City Manager, or their designee, at an existing facility that, currently, may sell beer with the express written consent of the Executive Direc tor of Parks, Recreation and Community Services, with negligible or no expansion of the existing use proposed. As such, a Notice of Exemption, Environmental Review No. 2024 -XX, will be filed for this project. 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 Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. City Council 20 – 9 9/17/2024 Ordinance No. NS-XXX Page 3 of 4 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 _______________________________________ City Council 20 – 10 9/17/2024 Ordinance No. NS-XXX Page 4 of 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 City Council 20 – 11 9/17/2024 State of California BUSINESS AND PROFESSIONS CODE Section 23004 23004. “Alcoholic beverage” includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of 1 percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. “Alcoholic beverage” does not include “powdered alcohol,” as defined in Section 23003.1. (Amended by Stats. 2016, Ch. 778, Sec. 2. (SB 819) Effective January 1, 2017.) STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL City Council 20 – 12 9/17/2024 City Manager’s Office www.santa-ana.org/city-managers-office Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Resolution in Support of Proposition 36 AGENDA TITLE Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36 RECOMMENDED ACTION Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug- related offenses. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Proposition 36 provides tools to improve the effectiveness of law enforcement and the criminal justice system in addressing serious theft and drug-related offenses by changing current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drug-related offenses. Fentanyl would be added to the list of drugs that warrant a felony charge if the person is also found in possession of a firearm, increasing the penalties for up to four years. The proposition also introduces a new court process focused on treatment for individuals convicted of drug possession crimes who have a history of drug offenses, offering them rehabilitation and treatment options as an alternative to incarceration, thus balancing enforcement with opportunities for recovery. Those found guilty of possession could be charged with a "treatment-mandated" felony for those with two or more previous convictions for drug crimes and given the option of participating in drug and mental health treatment. Individuals who complete the mental and substance use City Council 21 – 1 9/17/2024 Resolution in Support of Proposition 36 September 17, 2024 Page 2 4 5 4 8 treatment programs would have their charges dismissed. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution No. 2024-XXX: A Resolution of the City Council of the City of Santa Ana in Support of Proposition 36 Submitted By: Gaston Flores, Management Analyst Approved By: Alvaro Nuñez, City Manager City Council 21 – 2 9/17/2024 Resolution No. 2024-XXX Page 1 of 3 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE WHEREAS, the safety and security of the residents of Santa Ana is of utmost importance to the City Council; and WHEREAS, Proposition 36, an Initiative Statute qualified for the November 5, 2024, ballot, proposes to increase penalties for certain theft and drug-related crimes; and WHEREAS, under current law, Proposition 47 (approved by voters in 2014) reduced the punishments for some theft and drug crimes, changing certain felonies into misdemeanors; and WHEREAS, Proposition 36 will address this issue by turning some misdemeanors back into felonies, specifically targeting repeat offenders who have two or more past convictions for theft crimes such as shoplifting, burglary, or carjacking, thereby enhancing public safety by deterring habitual criminal behavior; and WHEREAS, Proposition 36 includes provisions to increase penalties for property crimes involving multiple offenders and provides that certain sentences for drug offenses, such as the sale of dangerous substances like fentanyl, heroin, cocaine, and methamphetamine, be served in state prison, rather than county jail, to ensure that these serious crimes are met with appropriate consequences; and WHEREAS, Proposition 36 also introduces a new court process for individuals charged with a “treatment-mandated felony” focused on treatment for individuals convicted of drug possession crimes who have a history of drug offenses, offering them rehabilitation and treatment options as an alternative to incarceration, thus balanci ng enforcement with opportunities for recovery; and WHEREAS, the Santa Ana City Council recognizes the need to give the courts tools to address the rising concerns about illegal drug distribution, including a provision within Proposition 36 that mandates a warning to individuals convicted of drug distribution that they may face murder charges if their actions lead to a fatality in the future; and WHEREAS, supporting Proposition 36 reflects the City’s commitment to both enhancing public safety and addressing the root causes of drug-related crimes through a combination of enforcement and treatment. City Council 21 – 3 9/17/2024 Resolution No. 2024-XXX Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City of Santa Ana formally declares its support for Proposition 36 entitled The Homelessness, Drug Addiction, and Theft Reduction Act . Section 2. The City of Santa Ana recognizes Prop 36 as a necessary measure to protect the public from serious drug and theft related crimes, while also providing pathways to rehabilitation for offenders. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this _____ day of ____________, 2024. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura Rossini Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ City Council 21 – 4 9/17/2024 Resolution No. 2024-XXX Page 3 of 3 CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana City Council 21 – 5 9/17/2024 Planning and Building Agency and Public Works Agency www.santa-ana.org/planning-and-building/ Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Staff Resolution Modifying Parking Districts in the Surrounding Area AGENDA TITLE Public Hearing: Amendment Application (Zone Change) No. 2023-03, Development Agreement No. 2023-02, Vesting Tentative Tract Map No. 2023-01, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date. RECOMMENDED ACTIONS 1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program; RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings; City Council 22 – 1 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 2 4 5 1 6 RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023- 03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5); 4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 2023-02; ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC; 5. Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET; Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action: City Council 22 – 2 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 3 4 5 1 6 6. Adopt a Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91-088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITIONS GOVERNMENT CODE §84308 APPLIES: Yes EXECUTIVE SUMMARY Steven Oh, with RCR Bristol LLC (Applicant), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (Property Owners), is seeking approval of various entitlements to facilitate establishment of a new Specific Plan (SP) and construction of a new, mixed-use urban village. The project site is located on a 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north, generally referred to as Callens Common and Metro Town Square in the South Bristol Street Focus Area of the General Plan. The site is located within the southern portion of Santa Ana at 3600, 3606, 3732, 3701, 3719, 3810, 3814, 3820, and 3900 South Bristol Street. The site includes the following nine parcels: Assessor Parcel Nos. 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25, and 412-131-26, collectively referred to as 3600 South Bristol Street. The SP proposes up to 3,750 residential units, 200 units of senior continuum of care living, a 250 room key hotel (approximately 150,000 square feet), 350,000 square feet of commercial space, and approximately 13.1 acres of publicly accessible open space, which will be comprised of active/programmed open space, passive open space, plazas, paseos, a connecting Greenlink through the site, and similar green spaces. Staff is recommending approval of the request because the proposed SP is consistent with the General Plan land use designation for the site, implements the goals and vision of the South Bristol Street Focus Area of the General Plan, and provides for a high-quality mixed-use urban village that will contribute community benefits and new economic development opportunities for Santa Ana. Planning Commission Hearing on August 12, 2024 The Planning Commission considered the project on August 12, 2024, and unanimously voted to recommend that the City Council approve the requested entitlements and City Council 22 – 3 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 4 4 5 1 6 development agreement. As part of its motion, the Planning Commission expressed a desire for two additional considerations, detailed below: 1. Describe applicability of inclusionary housing requirements to the senior continuum of care units. The motion by the Planning Commission includes a provision for the City Council staff report to further the applicability of inclusionary housing requirements to the senior continuum of care units. Pursuant to the Affordable Housing Creation and Opportunity Ordinance (AHOCO)/Santa Ana Municipal Code (SAMC) Sections 41-1903(a) and 41- 1904, the draft development agreement (DA) provides for the applicant to pay an in-lieu fee of $5 per square foot of habitable residential area, contingent on timely payment of the $22 million community benefit payment required by the DA. The project proposes up to 200 senior continuum of care units, which are not residential units and are instead considered commercial. The facility will offer long-term living accommodations for seniors, offering a range of supportive services that render the land use commercial, not residential. Should the applicant wish to convert these senior continuum of care units to residential units, regardless of age registration, the AHOCO would apply. These units would therefore be subject to the inclusionary housing requirements of the DA because they would then be considered residential and would not be exempt from being required to pay the $5 per square foot of habitable residential area in-lieu fee. 2. Create a community benefit payment citizen oversight committee. The DA requires a $22 million community benefit payment that will be spent at the direction of the City Council. The motion by the Planning Commission includes a provision for the City Council to appoint a resident oversight committee to advise the City Council how these funds should be spent. This oversight committee would not apply to the estimated $18 million in affordable housing in-lieu fees that are expected to be paid as part of development of the project. Prior to the August 12, 2024 3:30 p.m. electronic comments submission deadline, the City received 25 public comments on the project that were submitted online. The majority of the comments were in opposition and focused on concerns such as density, open space, traffic, and parking. The City prepared written responses for each comment; the responses were uploaded to the record and printed for the public hearing prior to the 5:30 p.m. meeting. Those responses are attached to this report as Exhibit 14. City Council 22 – 4 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 5 4 5 1 6 During the public hearing, a total of 29 individuals provided comments on the project. Of the 29 comments, 18 were in support, one (1) was in opposition, and 10 expressed no clear position. The nature of the comments in support centered on the project’s proposed improvements and contributions to the community, while those in opposition or with no clearly stated position centered on concerns about density, open space, traffic, parking, and oversight of how the DA’s $22 million community benefit payment would be spent. Additional Clarifications and Refinements Subsequent to the August 12th Planning Commission hearing, the Applicant requested two refinements to the Development Agreement that further clarify certain issues within the Development Agreement. The first refinement is responsive to the Commission’s provision regarding the applicability of the inclusionary housing requirements to the senior continuum of care component of the Development Agreement. The Agreement has been refined to clearly state that the inclusionary housing ordinance does not exempt age-restricted or senior residential housing from meeting affordability requirements and should the applicant wish to convert the senior continuum of care units to residential units, these units would be subject to the inclusionary housing requirements under the Agreement and would be required to pay the $5 per square foot of habitable residential area in-lieu fee. The Second refinement is for the purpose of advancing the development of the open space on the Project Site. The Applicant is proposing to refine the Agreement to clarify and provide the applicant the ability for early development of the open space proposed in Phase III as part of an earlier Phase (i.e. Phase II) without triggering the payment of the final $8 million community benefit payment. The refinement is a positive investment and further commits the applicant to completing the project. Both refinements do not modify the substance of the Agreement as recommended by the Planning Commission and have been included in the draft Development Agreement attached as Exhibit 8. Furthermore, the refinements endeavor advancing the project and community benefits and are agreeable to Staff. DISCUSSION Table 1: Project and Location Information Item Information Project Address and Council Ward 3600 S. Bristol Street – Ward 4 Nearest Intersections 41-acre site bounded by Bristol Street to the east, Sunflower Avenue to the south, Plaza Drive to the west, and MacArthur Boulevard to the north City Council 22 – 5 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 6 4 5 1 6 Item Information General Plan Designation Existing: District Center High (DC-5) Proposed: District Center High (DC-5) (no change) Zoning Designations Existing: General Commercial (C2) in the general northern portion of the site and Commercial Residential (CR) in the general southern portion of the site Proposed: Related Bristol Specific Plan (SP No. 5) Surrounding Land Uses North East South West Commercial Commercial South Coast Plaza Regional Commercial Center (City of Costa Mesa) Commercial and Multiple-Family Residences Property Size 41.13 acres Existing Site Development The site is currently developed with various commercial uses, including big-box retail, neighborhood retail, eating establishments, service and health club uses, professional offices, and surface parking lots. Use Permissions Mixed-use urban villages permissible by the DC-5 General Plan land use designation Zoning Code Sections Affected Uses Development Standards Division 25 (Specific Plan) of Article II of Chapter 41 (Zoning) of the Santa Ana Municipal Code Appendix A, Table LU-A-1 (Interim Development Standards) of the General Plan Land Use Element Project Description The Specific Plan proposes development of a new, mixed-use urban village consisting of residential, commercial, hospitality, senior care, and open space uses on the 41-acre site. The site is designed as a 21 village block layout in a grid pattern, each with mixed- use land uses. The northern portion of the site, blocks 1 through 10 (north of Callens Common), would contain up to 2,375 residential units, 100,000 square feet of commercial space, 2.5 acres of open space known as the Bristol Central Park, 0.25 acres of paseos and green-links, and 4.3 acres of other open space areas as plazas and other green spaces. Moreover, the building contained in block 4 would contain approximately 16,000 square feet of amenity interior space for private use by residents of the new community. Design guidelines and development standards for this portion of the site are intended to produce a medium-intensity village to transition the site from the urban uses at the southern end to the existing, medium-intensity residential communities and commercial developments to the north of the project site. The southern portion of the site (“Village Core”), blocks 11-21 (south of Callens Common), would form the mixed-use, urban core of the project site. This portion would contain up to 1,375 residential units, 250,000 square feet of commercial space, 250 hotel room keys, 200 units of senior continuum of care living, 1.5 acres of open space known as the Bristol Plaza/Bristol Green, 0.3 acres of paseos and green-links, and 4.3 acres of other open space areas in the form of plazas, parks, and other green spaces. As this portion of the site would contain fewer residential units and more commercial City Council 22 – 6 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 7 4 5 1 6 space, design guidelines and development standards for this portion of the site are intended to produce an urban heart for the community, with medium- to high-intensity development that matches the scale of development surrounding the southern portion of the project site. Table 2: Specific Plan Land Use and Parking Summary Land Use Proposed Intensity Existing Intensity Proposed Parking Residential Up to 3,750 units 0 units 1.3 constructed spaces per unit, inclusive of up to 10% tandem/compact (up to 2.0 spaces per unit with parking management and valet) Senior Living/Continuum of Care Up to 225,000 square feet/200 units 0 square feet/units 0.6 spaces per unit, subject to approval of a coordinated transportation management service Hospitality (Hotel)Up to 150,000 square feet/250 room keys 0 square feet/room keys 0.6 spaces per room key Commercial Up to 350,000 square feet 465,063 gross square feet 4.0 spaces per 1,000 square feet Open Space (Publicly Accessible) Up to 13.1 acres 0 acres N/A Total Parking Spaces Constructed: 6,520 With Valet: 8,940 In addition to the uses above, the SP is structured to foster creation of a multi-modal, mixed-use urban village to implement the vision of the General Plan for the South Bristol Street Focus Area. Development standards are proposed to establish wide sidewalks along all street frontages, pedestrian pathways with opportunities for outdoor dining, landscape buffers between the sidewalks and street, bike lanes, and landscape medians. The site would be developed as 21 blocks; multiple roadways designed to create a grid pattern found in contemporary, mixed-use villages as a means of creating more walkable, pedestrian-scaled communities would bisect the site. Onsite roadways would also be designed with similar principles, with sidewalks, landscape buffers, on- street parking, and vehicle travel lanes. City Council 22 – 7 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 8 4 5 1 6 Residential and Senior Care Components The SP would allow for up to 3,750 residential units. As proposed, all residential units would be multi-family units in midrise structures. The majority of the project’s 21 blocks would contain upper-level residential units, while some of the blocks in the northern portion would contain ground-level residential units, similar to the existing developments to the west and north of the project site. As the requested actions would establish a specific plan, individual residential buildings and unit configurations would be reviewed as each implementing project is submitted to the City for review through the administrative Development Project Review process, similar to what takes place in other master-planned areas of the City, such as the MainPlace or Harbor Boulevard specific plan areas. Should individual buildings fail to satisfy the development standard and design requirements of the Specific Plan, they would be remanded to the Planning Commission for review. In addition to the residential component, the SP would allow for up to 200 senior continuum of care living units, which are commercial in nature. This component would allow for “aging in place,” with a range of services and living accommodations ranging from assisted living to skilled nursing and memory care, similar to existing facilities found in Santa Ana such as Town & Country Manor near City Place. In the SP, the senior continuum of care living units are envisioned to form one of two high-rises in the community, with the other being the hotel. As proposed, the facility would contain 20 stories (285 feet maximum) and provide for 0.6 parking spaces per unit, a rate that takes into account reduced private vehicle ownership by residents but that also provides for enough staff and service parking. Commercial and Hotel Components The SP would allow for up to 350,000 square feet of commercial space for a variety of retail, eating establishment, service, and complementary uses designed to promote a high-quality, urban village. The SP proposes a use matrix that focuses the most intense commercial development in the southern portion of the site that is adjacent to South Coast Plaza and the adjacent, existing commercial and high-rise office uses in the area. Should uses and definitions transition over time, the SP contains flexibility that allows the Executive Director of the Planning and Building Agency to issue a use determination while maintaining consistency with the purposes and intent of the SP. To ensure a broad range of regional and local-serving commercial uses are provided for in the site, the SP proposes a variety of commercial space configurations. Commercial uses will be permissible in mixed-use residential and commercial buildings, as standalone commercial buildings in the southern heart of the Village Core area, or integrated as part of the proposed hotel. The commercial component of the SP will be City Council 22 – 8 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 9 4 5 1 6 parked at four (4) spaces per 1,000 square feet of gross floor area, a rate which is commensurate with commercial parking ratios for planned shopping centers. In addition to the 350,000 square feet of commercial space, the SP proposes a 250 room key hotel at the southern portion of the Village Core with full amenities, such as dining, conference, and business centers, rooftop amenities, and other features commensurate with high-quality hospitality uses. In the SP, the hotel would form one of two high-rises in the community, with the other being the senior continuum of care living units. As proposed, the hotel would contain 25 stories (285 feet maximum) and provide for 0.6 parking spaces per hotel room key, a rate that takes into account the site’s proximity to John Wayne Airport and reduced demand for parking by individual guests but that is 0.5 spaces per room less than standard Santa Ana Municipal Code (SAMC) requirements. Open Space A total of up to 13.1 acres, or almost one-third, of the project site are proposed as publicly accessible open space areas. These open space areas are envisioned in a variety of formats, including the Bristol Central Park (2.5 acres) in the northern portion of the site, the Bristol Green and Bristol Plaza (1.5 acres combined) in the Village Core (southern) portion of the site, and various paseos and green-links (9.1 acres), which are travel ways with generous landscaped areas for cyclists and pedestrians. Open space areas will be programmed for a variety of uses, such as active and passive recreation, amphitheaters and performances, farmers markets, kiosks, and other supportive uses designed to ensure long-term quality and use by Santa Ana residents, community organizations, and businesses. The proposed open space amounts to an average of 200 square feet per residential unit. The SP requires a minimum of 50 square feet of private open space per residential unit through balconies or patios, while the remaining 150 square feet of open space per unit will be in common open space areas for residences. These include courtyards, pool and spa areas, dog parks, roof decks, fitness rooms, business centers, and other amenities typically found in highly-amentized residential communities. Specific Plan A specific plan is a zoning tool available to local jurisdictions to establish a master plan that ensures high-quality, long-term development over a defined area. The specific plan has been identified as the appropriate zoning tool for the project site to implement the Land Use Element of the General Plan, and due to the desire to redevelop the site with new uses over time; to ensure high-quality streetscape, open space, architectural, and landscape design; and to reflect the single ownership of the entire project site. City Council 22 – 9 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 10 4 5 1 6 California Government Code Sections 65450 through 65457 address specific plans. Section 65451 of the California Government Code mandates that a specific plan contain the following components: Introductory Plan Information, Summary, Introduction, Land Use Planning and Regulatory Provisions, Infrastructure Plan, Program of Implementation Measures, Relationship of the Specific Plan’s Environmental Document to Subsequent Discretionary Projects, Specific Plan Administration, Specific Plan Enforcement, and Appendices. Moreover, a specific plan must contain provisions or requirements for funding of public improvements and collection of fees. The proposed Related Bristol Specific Plan, Specific Plan No. 5 (SP-5), contains the required components listed above (Exhibit 7). The Specific Plan details the site’s context and setting, including its relationship with the surrounding community and its intent of creating a mixed-use urban village with commercial, employment, residential, open space, and visitor amenities and components that are consistent with the vision of the General Plan. Specific plans are a mechanism to ensure that projects develop in an organized and a cohesive manner. Specific plans incorporate a development framework for land use, circulation, and infrastructure including drainage, sewer, and water facilities. Specific Plans also set the guidelines for implementing projects within the SP area relating to architecture, urban design, and landscaping. The Specific Plan is intended to achieve the following: •Ensure consistency with the General Plan by carrying out its applicable goals, policies, and requirements. •Implement the General Plan vision that the Specific Plan for the South Bristol Street Focus Area establish the building improvements, infrastructure, recreational features, and other identified facilities, services, and amenities (collectively, the Plan development features) and shall be guided by the standards and guidelines provided by this Specific Plan. •Provide for the improvements necessitated by the development within the Specific Plan area. •Comply with all requirements of Specific Plan law, including the provision of financing. A comprehensive set of design guidelines and development regulations are included to guide and regulate site planning, landscape, and architectural character within the Specific Plan area ensuring that excellence in design is achieved during project development. The Related Bristol Specific Plan establishes the procedures and requirements to approve new development within the SP area. In addition, SP-5 contains six guiding principles that are intended to realize the success of the site and City Council 22 – 10 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 11 4 5 1 6 the General Plan as a regional destination and as a contributor to the existing community. The six guiding principles are: 1. Economic Activity – Related Bristol offers a uniquely urban setting in the heart of Orange County, leveraging walkability, place-making, and vibrant mixed-use density to add value to the greater neighborhood and City. Related Bristol addresses the evolving nature of retail and commercial real estate which necessitates a strategic holistic approach to ensure economic vitality into the future. 2. Culture – Related Bristol will be a dynamic mixed-use hub for the community and complementary of neighborhood cultural touchstones. 3. Community, Inclusion, and Connectivity – Related Bristol is shaped around dynamic open spaces that unite the residents, neighborhood, and greater community. The publicly accessible open space serves as a destination for both organized and informal community connections. 4. Mobility – Related Bristol's multi-modal mobility strategy prioritizes the pedestrian experience, while strategically addressing the realities of vehicular traffic. Additionally, the central location of the site presents the opportunity for increased connectivity to the greater neighborhood via bicycle paths. 5. Sustainability and Resilience – Related Bristol will take proactive measures to address the sustainability and resilience needs of the site. Avenues for reduced energy consumption, heat island effect, and water use will be considered. 6. Urban Form and Architectural Quality – Related Bristol’s urban form will be characterized by its human scale, its engaging, memorable architecture, and the flow between indoor and outdoor spaces. Implementing projects would be submitted to the City for review on a case-by-case basis, requiring administrative review unless thresholds are met to require review and approval by the Planning Commission and/or City Council. Development regulations within the SP will ensure that projects are constructed pursuant to standards establishing setbacks and pedestrian zones, parking, and height. Allowable uses are defined for the two different sub-districts within the SP to ensure compatibility with surrounding communities. Design Guidelines and Implementation sections within the SP will ensure that implementing projects are high-quality and reviewed consistently, streamlining the process for new developments in the SP area. Project Background The Land Use Element of the General Plan references that “Interim Development Standards provide a framework for connecting the General Plan land use designations for each focus area with the City's existing zoning ordinance, specific plan(s), and/or specific development(s) plan provisions in regards to the use and mixed-use development standards (i.e. density, building type, parking, open space, etc.).” City Council 22 – 11 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 12 4 5 1 6 However, the Land Use Element references development or adoption of specific plans as a tool to implement the General Plan post-adoption (Action No. 2.12). As the General Plan Update was completed and adopted in April 2022, the proposed SP-5 has been identified as the appropriate tool to entitle the proposed site development. General Plan Update (2022) In April 2022, the City Council adopted an updated General Plan that establishes the long-term vision for the City of Santa Ana, and provides a vision for the site as a gateway into the City designed as a high intensity mixed-use urban village. The proposed SP and its development program are consistent with, and implement, that vision. The General Plan Land Use Element contains five Focus Areas, which are portions of Santa Ana that were analyzed through a seven-year visioning process with the community to evaluate potential for new or modified land uses. The project site is within the South Bristol Street Focus Area, which according to the General Plan, “represents Santa Ana’s southern gateway and is a part of the successful South Coast Metro area. Between Sunflower and Alton Avenues, the District Center land use designation will create opportunities to transform auto-oriented shopping plazas to walkable, bike- friendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses.” According to the General Plan, the South Bristol Street Focus Area contains 220 existing housing units but envisions 5,272 additional housing units. The Focus Area envisions a built environment with the following components: 1. New development will establish vibrant public outdoor space appropriately scaled to the size and type of project. 2. Building design should be dynamic and strong, creating a distinct impression. 3. Office and Mixed-use spaces of similar scale to those south of Sunflower Avenue are envisioned between Sunflower Avenue and MacArthur Boulevard. The City’s intent for this area builds off the South Bristol Street Objectives as outlined on page LU-61 of the General Plan Land Use element: •Capitalize on the success of the South Coast Metro area; •Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; •Realize an intense, multistory presence along the corridor; and •Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods. City Council 22 – 12 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 13 4 5 1 6 Within the South Bristol Street Focus Area, the SP area is designated District Center- High (DC-5). The District Center designation includes the major activity areas of the City of Santa Ana, designed to serve as anchors to the City’s commercial corridors and to accommodate major development activity. Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum building height of 25 stories. The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre project site. As proposed, the Specific Plan will result in an FAR of 2.7, which is within the maximums permissible by the General Plan. Site Information and History The SP area is located within the larger South Coast Metro area of Orange County, one of the most intensive and urban mixed use areas of Orange County. The South Coast Metro area includes retail, Class “A” office, high and mid-rise residential, hotels, restaurants, and a state of the art performing arts center. The area is largely centered around South Coast Plaza in the adjacent City of Costa Mesa. This metro area is located at the confluence of the regional freeway systems and major arterials, providing access to Orange County, Los Angeles, San Diego, and the Inland Empire. John Wayne Airport, a commercial airport serving the Orange County area, is located less than 1.5 miles from the SP area. The existing shopping center contains six parcels based on recorded Parcel Maps from the late 1970s. The present shopping center includes approximately 465,063 square feet of retail uses and the associated surface parking required to serve those uses. Existing uses include general retail, financial, food service, fitness, grocery, and medical-related uses. The site includes three (3) multi-story buildings and 11 one-story buildings with single and multiple tenants. All parking is currently provided in 2,381 surface parking spaces in areas located throughout the project site. In prior years, the Planning Commission approved Variance Nos. 2000-02 and 2011-08, allowing for 12.8 and 12.0-percent reductions in onsite parking, respectively. The variances were approved to facilitate construction of a health club (currently operating as LA Fitness) and a new retail/restaurant building at the southeast corner of the project site. The existing commercial development on site known as the Bristol Center has undergone several renovations since its construction. In the early 1900s, the site was used for farming of sugar beets and lima beans. Following construction of South Coast Plaza in the late 1960s, additional commercial, multiple-family residential, hospitality, and community uses followed in the South Coast Metro area. The Project site was developed into a shopping center in the 1970s and it has remained in commercial use since that time. All commercial leases on the project site are set to expire in 2025. City Council 22 – 13 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 14 4 5 1 6 Analysis An analysis of the proposed Specific Plan is presented in Table 3, below and on the following pages. Table 3: Issues Analysis Issue Analysis Scale and Compatibility The SP is intended to produce a dynamic, mixed-use village that is integrated into and respects the surrounding community. The General Plan land use designation of DC-5 for the site allows developments up to 25 stories tall and with a floor area ratio (FAR) of 5.0. The SP proposes several buildings not to exceed 25 stories with a majority between 1 and 7 stories and with a FAR of 2.7, which is consistent and below the maximums prescribed by the General Plan. The project site is surrounded by commercial and multiple-family residential communities. New buildings will be limited to 8 stories in height in various segments of the northern portion of the site, while more intense development is allowed along the western and southern portions of the SP area adjacent to existing mixed-use and commercial developments. The SP’s design guidelines will ensure that new projects are built to be compatible with existing surrounding uses by incorporating step-backs (Sections 3.2 – Land Use Plan, and 5.5.1 – Site Planning Guidelines) and other features to reduce massing, while the street plans for onsite roadways will ensure sufficient buffers between roadways, sidewalks, plaza areas, and buildings. Density The existing DC-5 General Plan land use designation permits residential density at the site up to 125 dwelling units per acre. The SP proposes a residential density of 91 dwelling units per acre, which is below the permissible 125 dwelling units per acre maximum. Typical residential densities of existing multiple-family communities in the area range from 16 to 25 dwelling units per acre, which is below the 91 proposed by the SP. However, the SP includes a variety of development standards, design guidelines, and amenities designed not only to reduce the impact of higher-density residential development, but to also enhance existing community-wide amenities for existing residences surrounding the site. The project will feature 13.1 acres of publicly accessible open space, which will be accessible to all Santa Ana residents and programmed regularly with functions to provide active and passive recreation. Finally, a minimum of 200 square feet of residential open space and amenity space will be required for each residential unit within the SP area, ensuring a livable environment for residents. Onsite Parking The entire site currently contains 2,381 surface parking spaces. As part of the review of the proposed SP, a parking study was prepared to evaluate the proposed parking ratios detailed in Table 2 of this staff report (Exhibit 7). The study, prepared by Linscott, Law ,and Greenspan Engineers (LLG), finds that the proposed total 6,520 onsite parking spaces is sufficient to accommodate the land uses proposed on the site. In particular, the parking study closely evaluates projected residential demand and supports the proposed residential parking ratios: City Council 22 – 14 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 15 4 5 1 6 Issue Analysis •Constructed spaces: 1.3/unit o 4,875 spaces for residences o 1,645 spaces for commercial components •Constructed spaces + valet/other management: 2.0/unit o 7,295 spaces for residences o 1,645 spaces for commercial components The majority of parking in the community would be below grade (underground), similar to the parking configuration in place at Crystal Court, part of South Coast Plaza in Costa Mesa. On-street parking would be provided along onsite site roadways, and residential communities would contain “wrap” or “podium” parking structures for dedicated parking for each residential building. The Specific Plan allows for shared and alternative approaches to parking as technology evolves and parking demand is reduced through innovations such as parking lifts, enhanced transit, and ridesharing. Tandem stalls and compact stalls (up to 10%) would also be provided, subject to staff review and approval of a parking management plan or valet program. Regional Housing Needs Allocation (RHNA) The Housing Element Annual Progress Report includes a summary of Santa Ana’s progress in meeting its share of the RHNA. The State of California has placed an urgent emphasis on housing of all types. Santa Ana’s Regional Housing Needs Allocation (RHNA) for the next General Plan Housing Element cycle, which extends from 2021-2029, includes 3,137 housing units. This allocation is for housing units to be constructed to support the anticipated growth in the City over this period. The City of Santa Ana has a proven track record of not only planning for housing but issuing building permits for the construction of housing at all affordability categories as demonstrated by exceeding its 5th Cycle (2014-2021) RHNA by over 2,300%. The City is also on pace to meet or well exceed its affordable housing and other residential development requirements for the 6th Cycle (2021-2029) planning period, far outpacing any city in Orange County, as evidenced by issuing 1,635 permits for housing units across all affordability categories, fulfilling 52% of its RHNA less than two years into the eight-year planning period. The Related SP assists the City in achieving its housing goals in a location where high intensity urban development is both achievable and consistent with the current and envisioned surrounding urban form. The project is proposing up to 3,750 market-rate units. The City’s RHNA allocation for Above Moderate (>120% of area median income, or AMI) for the 6th Cycle (2021-2029) planning period is 1,625 dwelling units. Therefore, the proposed development may achieve 2.31 times the allocated Above Moderate dwelling units for the planning period. Consistency with the Affordable Housing and Opportunity Creation Ordinance (AHOCO) The City’s inclusionary housing ordinance, known as the Affordable Housing and Opportunity Creation Ordinance (AHOCO), generally applies to housing projects proposing five or more units that are also requesting an increase in allowable density or are located in certain sections of the City that were “up- zoned,” such as through a City-initiated zone change or general plan amendment to allow additional residential development after November 28, City Council 22 – 15 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 16 4 5 1 6 Issue Analysis 2011. As the proposed project is located in a section of the City that meets this threshold, the South Bristol Street Focus Area, the applicant’s request is subject to the AHOCO requirements of production of affordable housing or payment of in-lieu fees. Pursuant to Santa Ana Municipal Code Sections 41-1903 (Exempt projects) and 41-1904 (Options to satisfy inclusionary requirements), the applicant has indicated intent to select the option to pay in-lieu fees at a rate of $5 per square foot of habitable residential area. Based on available figures for the project and under the current ordinance, staff’s analysis of the project indicates the project could generate between $9,375,000 and $18,750,000 in in- lieu fees, based on 3,750 units proposed, unit types/mix, and square footages. Any in-lieu fees generated by the project must be spent on production of affordable housing in the City of Santa Ana. During the extensive outreach conducted as part of the project’s review process, the community identified onsite parking supply and availability as a key concern. Specifically, the community identified parking concerns related to availability for the commercial components (supply, ease of access, and wayfinding) and the residential components (sufficient parking for future residents and their guests). Table 4, below, analyses the project’s proposed parking supply against current Santa Ana Municipal Code (SAMC) requirements. To address the differences in parking between the SAMC and the proposed SP, the applicant prepared a comprehensive parking study and parking management plan. The study and plan evaluate the proposed project, the project’s anticipated parking demands, actual parking demands based on field observations at other similar multifamily communities, parking impacts, and means to mitigate any parking impacts of the project. To verify the findings of the study, City staff visited a dozen residential and mixed-use multifamily communities in Santa Ana and Costa Mesa to observe required vs. actual parking remands during early evening, late evening, and weekend visits. The field observations are consistent with the conclusions of the applicant’s parking study and parking management plan. The study and plan (Exhibit 7) conclude that the proposed parking ratios, coupled with management strategies that include valet, vehicle lifts, and maximizing use of nearby transit, are sufficient to address parking demands for both the tenants and visitors of the project. Table 4: Parking Analysis Land Use SAMC Requirement Proposed in SP Difference Residential 1.0 spaces per dwelling unit, plus 1.0 space for each bedroom, plus spaces for guests calculated at 25% added to the gross calculation of 1.0 spaces plus 1.0 for each bedroom (minimum total per unit is 2.25 spaces) 1.3 spaces per dwelling unit, up to 2.0 spaces per unit with valet/parking management, inclusive of guest parking and up to 20% compact and tandem spaces 0.95 spaces per unit City Council 22 – 16 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 17 4 5 1 6 Land Use SAMC Requirement Proposed in SP Difference Commercial Range per 1,000 sq. ft. of gross floor area: •5.0 spaces (retail/service/medical office) •8.0 spaces (restaurants) 4.0 spaces per 1,000 sq. ft. of gross floor area 1.0 to 4.0 spaces per 1,000 sq. ft. of gross floor area Hotel 1.1 spaces per room 0.6 spaces per room 0.5 spaces per room Senior Continuum Care Range of 1.0 (one-bedroom) to 1.5 (two-bedroom), plus spaces for guests calculated at 15% added to the gross calculation (minimum total per unit is 1.15 spaces) 0.6 spaces per unit 0.55 spaces per unit Amendment Application (Zone Change) The subject site is currently in the General Commercial (C2) and Commercial Residential (CR) zoning districts. The existing zoning districts permits a variety of commercial uses and includes all uses that are permitted in the Community Commercial (C1) zoning district, and limited residential development. In addition to those uses, the C2 zoning district permits limited wholesale, research and development, equipment sales, car washes, trailer parks and camps, thrift shops, food distribution centers, indoor swap meets, warehouse stores, and superstores. These uses are permitted by right or are subject to approval of a conditional use permit. The existing C2 and CR zoning designations do not meet the goals and objectives of the project or the General Plan land use designation of DC-5 to produce a dynamic mixed-use village with residential, hotel, senior care, commercial, and open space land uses. Therefore, approval of the requested amendment application to establish the SP is required to implement the vision of the project and to establish consistency with the General Plan. The proposed SP will establish permitted uses that will be permitted by right, subject to a conditional use permit, or subject to other minor reviews. The uses are intended to create a dynamic, mixed-use environment anchored by a central commercial core and surrounded by complementary land uses. These uses differ from those allowed by the existing C2 and CR zoning district designations at the site, which permit a broader range of commercial activities, many of which do not support the stated goals and vision for the project site. The 2022 General Plan Update (GPU) provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the Santa Ana community through 2045, and provides a comprehensive land use, housing, City Council 22 – 17 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 18 4 5 1 6 circulation and infrastructure, public service, resource conservation, and public safety policies for the entire City. The updated GPU Land Use Element guides growth and development (e.g., infill development, redevelopment, use, and revitalization/restoration) by designating land uses. The Related Bristol development plan is consistent with, and implements, the City’s vision for the DC-5 and the South Bristol Focus Area. The SP itself contains an Appendix B, which further details General Plan Consistency of the proposed zone change. Specifically, the SP and requested entitlements address General Plan consistency in the following manners: •The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” •Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. •Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. •The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. •The General Plan envisions “urban villages,” “an intense multistory presence,” and “mixed use opportunities”. The Development Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. •The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. •The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. •The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. •The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a City Council 22 – 18 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 19 4 5 1 6 means of addressing open space deficiencies prevalent in many portions of Santa Ana. Moreover, the SP and requested entitlements are consistent with multiple General Plan goals and policies. Exhibit 12 contains a full list of all applicable General Plan goals and policies that support the project. Vesting Tentative Tract Map The applicant has submitted a vesting tentative tract map to subdivide the project site into 21 master lots, 205 airspace lots, and 12 private road lots within the Specific Plan area (Exhibit 9). The subdivision will allow the financing of individual components of the project site due to differences in funding mechanisms for commercial, residential, mixed-use, service-oriented, parking, and open space areas of the project site. The vesting tentative tract map details roadway and utility improvements, as well as creation of new private roadways on the project site in order to develop the site as a pedestrian-oriented, mixed-use urban village with smaller blocks. CC&Rs will be adopted to define the operating and maintenance requirements. They will also maintain a property owner’s association responsible for maintenance and enforcement of the CC&Rs and will ensure that parking and access can be shared throughout the entire Specific Plan area. Approval of the vesting tentative tract map is consistent with the General Plan land use designation for the site, and the proposed project as conditioned conforms to all applicable requirements of the zoning and subdivision codes as well as all other applicable City ordinances, including the proposed Specific Plan. Moreover and as detailed in earlier analyses in this report, the project site is physically suitable for the type and density of the proposed project, and the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. Lastly, the design or improvements of the proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. The project is located in an already-urbanized area that is proposed for redevelopment with additional urbanization in the form of commercial, service, hospitality, residential, and open space land uses, and the site is already served by infrastructure necessary to support the development. The project and its proposed subdivision have been thoroughly reviewed by City agencies, as well as the City’s environmental consultant for the project, to ensure the design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. This review also ensures that the design or improvements of the City Council 22 – 19 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 20 4 5 1 6 proposed project will not cause serious public health problems, and the design or improvements of the proposed project will not conflict with the easements necessary for public access through or use of the property within the proposed project. Development Agreement The applicant has requested approval of a development agreement (DA). Development agreements are contracts negotiated between project proponents and public agencies such as the City of Santa Ana that govern the land uses that may be allowed in a particular project (California Government Code Section 65864 et seq.). Although a DA is subject to negotiation, allowable land uses must be consistent with the local planning policies formulated by the legislative body through its general plan, and consistent with any applicable specific plan such as the proposed SP-5 (California Government Code Section 65867.5). Approval of a DA requires adoption of an ordinance. To evaluate the proposed DA and identify priorities for the DA’s terms, the City Council formed an ad hoc committee in October 2023 comprised of three City Council members. The ad hoc committee met regularly between October 2023 and June 2024 to review the applicant’s proposed terms, identify community priorities, and ensure that the final DA addresses the ad hoc committee’s priorities. While review of a DA is a private contractual process, the extensive community engagement process, and routine staff meetings with City Council and Planning Commission members, ensured that community priorities were effectively communicated to the ad hoc committee and informed the negotiation process. The SP’s DA addresses the agreement’s term (duration), extensions, community benefits, indemnification, monitoring and reporting, inclusionary housing, hotel economic benefits, open space, infrastructure, modifications, and other relevant items (Exhibit 8). These terms have been crafted to ensure high-quality development at the project site with positive financial impacts to the City. Additional details are provided in the summary of major deal points in Table 5, Development Agreement Major Deal Points. Table 5: DA Major Deal Points Topic Ad Hoc Committee Recommendation Proposed by DA Recordation Record the DA against the property, not the leaseholder. Consistent – The DA will be recorded against the fee property subject to terms and conditions of a Joinder. Term (Duration) and Extension One 20-year term, and one 5-year extension. Consistent – The DA will have a single 20-year term. In addition, The DA will allow for a single 5-year City Council 22 – 20 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 21 4 5 1 6 Topic Ad Hoc Committee Recommendation Proposed by DA automatic extension provided grading permits have been issued and construction has commenced on (a) no less than 250,000 square feet of non-residential floor area (e.g., retail, grocer, restaurants), and (b) a hotel subject to financial feasibility. Timing (Phasing)Require commencement of construction for at least 175,000 sq. ft. of commercial building area for any residential permits in excess of 1,875 units. Phase 1 or 2 shall have a grocer of at least 35,000 sq. ft. Consistent – the DA stipulates that no building permits for residential units shall be issued in excess of 1,875 unless and until Owner commences construction activities for at least 175,000 square feet of commercial. Commercial in Phase 1 or Phase 2 shall include a grocer of no less than 35,000 square feet, which supports the community’s and City’s goals of maintaining a full grocer in the area. Community Benefits Concurrent with construction of Phase 1, Owner shall provide, if requested by the City, exclusive use of a 500- square foot space and 3 dedicated parking for use by the Police Department as an administrative substation. Additionally, a $22,000,000 Community Benefit Payment will be paid in a three- payment schedule. Consistent – Developer agrees to provide a Police Department substation, and the $22,000,000 Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) $8,000,000 prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase; (2) $6,000,000 prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase; and (3) $8,000,000 prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space. Hotel Economic Benefits Ensure in the DA that the hotel is operated by an internationally recognized flag or boutique operator, with proven performance records, at a minimum four-star (out of 5) rating. Consistent – The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. The developer will secure a four-star hotel or above. City Council 22 – 21 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 22 4 5 1 6 Topic Ad Hoc Committee Recommendation Proposed by DA Open Space Accept the construction of 13.1 acres of contiguous onsite open space to satisfy the City’s park provision and fee requirements. The developer must enter into a public access easement for the open space, and must be recorded on the property, that endures for the life of the project or residential uses on the property. The Project’s open space will be constructed in a timely manner in accordance with the project’s phasing, with “springing” easements recorded commensurate with phases to ensure public access. The Supplemental EIR prepared for the project identifies that the project will result in a demand for 27.7 acres of open space, which is 14.6 acres more than the 13.1 acres provided on site. However, the project will remain consistent with the General Plan pursuant to Table OS-3 (Open Space Element Implementation) of the General Plan, Action Nos. 1.7 and 1.10. Action No. 1.7, which recognizes the challenges and difficulty in creating new open space and parklands in a built-out environment and provides for a reduction in on-site open space by giving credits for park land for public use as an incentive toward developer creation of open space areas that are accessible to the public. Action No. 1.10 encourages collaboration with property owners to provide public access and programming on private open space. Inclusionary Housing Payment of $5 per sq. ft. of habitable space, contingent upon timely payment of the $22,000,000 Community Benefit Payment. Consistent – Pursuant to SAMC Sections 41-1903(a), the applicant has proposed a DA to comply with Section 41-1904, allowing payment of in-lieu fees. SAMC Section 41-1904 provides for options to satisfy the Affordable Housing Opportunity and Creation Ordinance, including onsite units, offsite units, and payment of in-lieu fees. For projects containing 20 or more units, the in-lieu fee is as high as $15 per sq. ft., but may be as low as $5 per sq. ft. if determined by a DA City Council 22 – 22 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 23 4 5 1 6 Topic Ad Hoc Committee Recommendation Proposed by DA or if using skilled and trained workforce. The DA clarifies that the provision of $5/sq. ft. applies should the applicant opt to convert the senior continuum of care units to independent living or market rate units. Overrule of Airport Land Use Commission’s Inconsistency Determination Pursuant to Section 21676(b) of the California Public Utilities Code (PUC), the proposed project was reviewed by the Orange County Airport Land Use Commission (ALUC) for a determination of consistency with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport (JWA). On July 20, 2023, the ALUC held a public hearing on the project and found the project to be inconsistent with the AELUP for JWA in accordance with AELUP Sections 1.2 and 2.1.4 and Public Utilities Code (PUC) Section 21674. These sections empower the ALUC "to assist local agencies in ensuring compatible land uses in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses," and "to coordinate planning at the state, regional and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety and welfare." Based on this determination, the ALUC issued a letter of inconsistency. As a final review authority on legislative acts, the City Council may, after a public hearing, choose to overrule the ALUC's decision by following the procedure established in PUC Sections 21676 and 21676.5. As part of the General Plan Update, the City Council adopted a resolution on April 19, 2022 in accordance with the procedure established in PUC Sections 21676 and 21676.5 to overrule the ALUC’s finding that the General Plan Update was inconsistent with the AELUP for JWA. The action to overrule the ALUC’s decision on the General Plan Update was based on the desire to advance the vision of the General Plan for the South Bristol Street Focus Area, which envisions a dynamic, mixed-use environment with building heights and massing of up to 25 stories within the Focus Area. On August 29, 2023, City Council met and authorized staff to initiate and complete the procedure for the City Council to consider the Related Bristol Specific Plan and the proposed overriding of the determination made by the ALUC by (1) issuing a Notice of Intent to overrule and (2) giving notice to the ALUC of its decision to overrule as required by PUC Section 21676(b). On August 31 and again on September 26, 2023, City Council 22 – 23 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 24 4 5 1 6 the Planning Division provided a Notice of Intent to overrule the commission’s determination with findings to the ALUC and the State Division of Aeronautics. On October 24, 2023, ALUC responded to the City’s Notice of Intent. As of the date of publishing this report, no comments from the Division of Aeronautics had been received. PUC Section 21676 permits the City Council, by a two-thirds vote of the members constituting a quorum, to overrule the ALUC’s determination if it finds that the proposed project is consistent with the purposes of the State Aeronautics Act. The Act states: “It is the public interest to provide for the orderly development of each public use airport in this State and the area surrounding these airports so as to promote the overall goals and objectives of the California noise standards…and to prevent the creation of new noise and safety problems.” Based on staff’s review of the project, the project will not adversely impact the operations of the airport, the future development plans that exists for the airport, the approaches to the airport runways, create noise concerns, or create public health, safety, or welfare concerns. Additionally, the project falls within a level of acceptable risk considered to be a community norm. Multiple taller structures than those proposed in the SP area exist closer to the airport and its runways, notably in the cities of Costa Mesa, Irvine, and Newport Beach. Out of an abundance of caution and consistent with past practice, the applicant will be required to record an avigation/aviation easement with both the County and the City to prevent claims, actions, or lawsuits for nuisance or interference with the use of the property against the City and John Wayne Airport. Community Engagement and Public Notification Due to the complexity and scale of the project, public outreach and notification were conducted using a variety of manners to engage broad segments of the community. Community engagement and public notification processes for the proposed Specific Plan exceed or meet the minimum requirements of the City. Upon submittal of the proposed SP to the City, staff met with the project applicant to provide information about the various Neighborhood Associations, business groups, and other communities surrounding the project site. Moreover, staff routinely attended Neighborhood Association meetings in the vicinity of the project site to provide updates, receive feedback, and answer questions on a regular basis. Details of the public engagement components of the proposed development is also documented in the Specific Plan document. Related Bristol Welcome Center In August 2022, at the time the initial application was submitted to the City, a Welcome Center was opened by the applicant on the site. The Welcome Center was open to the public or by appointment, where individual meetings with local residents and City Council 22 – 24 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 25 4 5 1 6 stakeholders could be held. Over 200 meetings with interested individuals and groups have taken place at the Welcome Center since that time to hear concerns and ideas related to redevelopment of the site and establishment of the SP. Sunshine Ordinance Community Meetings, and Additional Community and Neighborhood Association Meetings In accordance with Article II.II of the SAMC, Related California hosted a first community meeting on September 7, 2022. There were 3,300 notices mailed to advertise the event, which was held at Saddleback High School. Approximately 250 interested parties attended the meeting. The meeting was held using a format with individual stations by topic. Based on the first Sunshine Meeting the following were identified as key community priorities: •Community Meeting Places, a place to meet neighbors and build community; •Security and Safety. Desire for a police substation on the site; •Mobility, Traffic, and Parking. Controlled traffic, intuitive and well-serviced parking for visitors and residents, and better infrastructure for pedestrians and cyclists; and •Neighborhood Retail. Retail offerings that include local shops, a grocery, bank, and multiple dining experiences, with a mix of new uses and keeping favorite existing uses. Pursuant to Sunshine Ordinance requirements, a second community meeting was held on November 16, 2022. There were 3,300 notices mailed to advertise the event, which was held at the Westin Hotel. Approximately 80 interested parties attended the meeting. A presentation was given, which introduced the Related Bristol developer’s company, site history, SP and project vision, open space, site plan layout, amenities and services, and a summary of the feedback received from the community so far. The public was invited to provide questions and comments. Following the presentation, a panel spent approximately one hour and twenty minutes addressing questions submitted by the audience. In addition to the Sunshine Ordinance community meetings, the applicant has held over 200 meetings with local and regional stakeholders and met with 18 individual Neighborhood Associations on 18 separate occasions. These Neighborhood Associations and communities include: Metro Classic, Sandpointe, South Coast, Rosewood Baker, Morning Sunwood, Thornton Park, Wilshire Square, Floral Park, French Park, Republic Homes, South Coast Shores, as well as St. Albans condominiums. The applicant also met with 12 community organizations and 11 business organizations, either at the Welcome Center project site or by partaking in community events, such as outdoor concerts, the Downtown Santa Ana ArtWalk, and community and service organization meetings. Lastly, the applicant has met with City Council 22 – 25 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 26 4 5 1 6 existing businesses on the project site to inform various small and large businesses of the proposed SP. Planning Commission Work-Study Session A Planning Commission work-study session was held on March 13, 2023, during which members of the Planning Commission were provided a presentation on the draft specific plan, its status at the time of the work-study session, and an opportunity to provide general comments and pose questions. The public comment portion of the meeting was opened to allow for any project-related public comment on the project. General comments and questions received during this workshop are detailed in the Specific Plan document, but centered primarily on infrastructure and improvements, traffic, permissible uses, housing, fiscal impacts, parking, public safety, subdivisions, community engagement, and retention of existing onsite businesses and services. Online Content The applicant created a project website to gather input from those who could not attend in-person meetings. The applicant’s website includes a section on Questions and Answers (Q&A) as well as polling and is available in the English, Spanish, Vietnamese, and Chinese. According to the applicant, to date over 1,400 responses have been given to the Q&A and polling. Further, a project email and phone number was established to provide further opportunities to provide input. Lastly, the applicant’s online outreach included social media webpages and advertisements designed to solicit feedback on the project. As required by the Sunshine Ordinance, the City also established a project webpage. The webpage has been routinely updated with Sunshine Ordinance meeting materials, project information, key meeting dates, draft environmental documents, and the draft specific plan. The webpage also contains the City’s contact information with a direct phone number and email to the case planner. As of the date of the publication of this report, over three-dozen individuals had contacted the City directly to obtain additional information about the project. Lastly, City staff have made themselves available on a regular basis to answer the community’s questions about the proposed development through in-person meetings. Community members who contacted staff to learn more about the project were invited meet with staff to learn how to understand the draft environmental documents and the draft Specific Plan, and to answer broader questions about the General Plan Update and its environmental documentation. These individuals were also added to the City’s notification list for the project. City Council 22 – 26 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 27 4 5 1 6 Mandatory Notification Measures Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 13. In addition, staff contacted the provided contacts for the Sandpointe, South Coast, Republic Homes, Metro Classic, Morning Sunwood, Thornton Park, Sunwood Central, and the Rosewood Baker Neighborhood Associations to ensure they were aware of the project and public hearing. ENVIRONMENTAL IMPACT OF THE RELATED BRISTOL SPECIFIC PLAN, ENTITLEMENTS & DEVELOPMENT AGREEMENT General Plan Update (GPU) Final Program Environmental Impact Report (Final PEIR) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. The GPU Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. As a Program EIR, the document comprehensively evaluated the potential environmental impacts stemming from adoption of the General Plan Update and subsequent implementing projects. Moreover, this type of EIR allows subsequent implementing activities, such as the proposed Specific Plan, to be evaluated through “tiering.” Tiering refers to the coverage of general matters in broader EIRs, such as the GPU Final PEIR, with subsequent narrower EIRs or ultimately site-specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared, such as in the case of the Related Bristol Specific Plan’s Supplemental EIR, which has been prepared for the Project. Tiering is appropriate when the sequence of EIRs is (1) from a general plan, policy, or program EIR to a program, plan, or policy EIR of lesser scope or to a site-specific EIR, (2) from an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. The Project site is located within the South Bristol Street Focus Area and has a land use designation of District Center-High (DC-5), which has a maximum Floor Area Ratio (FAR) of 5.0, or 125 dwelling units per acre (du/ac) and a maximum height of 25 stories that allows up to 8,958,114 SF of mixed uses, inclusive of residential uses, within the Project site. This level of redevelopment was included in the GPU Final PEIR buildout, and applicable mitigation measures were identified, as necessary, to reduce impacts. A project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density (State CEQA City Council 22 – 27 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 28 4 5 1 6 Guidelines Section 15183(i)(2)/Public Resources Code Section 21000 et seq.). Development density standards can include the number of dwelling units per acre, the number of people in a given area, FAR, and other measures of building intensity, building height, size limitations, and use restrictions. Supplemental Environmental Impact Report (SEIR) In compliance with the California Environmental Quality Act (CEQA), and as required by Public Resources Code (PRC) section 21166 and CEQA Guidelines section 15162, the City of Santa Ana has prepared a Supplemental EIR (SEIR) that evaluates the potential of the proposed Project to result in new or substantially greater environmental impacts than previously identified in the GPU Final PEIR. The City’s certified PEIR examines the impacts associated with buildout of the Santa Ana General Plan. Once a Program EIR is prepared, subsequent activities within the program or changes to the program must be evaluated to determine whether additional CEQA documentation needs to be prepared. The Project site is within the South Bristol Street Focus Area and development of the site was analyzed in the FEIR at a programmatic level at 5.0 floor area ratio and 125 dwelling units per unit assumption per the General Plan District Center-High (DC-5) designation. The Related Bristol Specific Plan proposes the phased redevelopment of site, consistent with the General Plan District Center-High (DC-5) land use designation, and the City conducted project-level analysis to determine if the development of the Project would involve new significant environmental effects or a substantial increase in the impacts that were previously identified GPU Final PEIR. Following this project-level analysis, the City of Santa Ana prepared an SEIR that evaluated the potential of the proposed Project to result in new or substantially greater impacts than previously identified; applied the mitigation measures prescribed in the GPU FEIR; and where new or more significant impacts were identified, included Project specific mitigation measures. In addition, where impacts could not be mitigated to below a less than significant level, the SEIR made new significant and unavoidable findings The Project’s SEIR also provides information regarding short-term, long-term, direct, indirect, and cumulative environmental effects of the Project. It identifies feasible mitigation measures and alternatives that would minimize or eliminate the potentially significant impacts associated with implementation of the Project. SEIR’s Notice of Preparation (NOP) On March 17, 2023, the City sent to the Office of Planning and Research and each responsible trustee agency a Notice of Preparation (NOP), stating that a Supplemental Environmental Impact Report (SEIR) would be prepared. A total of 20 comments were received during the 30-day NOP period which began on March 17, 2023, and ended on City Council 22 – 28 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 29 4 5 1 6 April 17, 2023. Pursuant to PRC section 21083.9 and CEQA Guidelines Sections 15082(c)(1) and 15083, the City hosted a public scoping meeting on March 30, 2023, to solicit comments on the scope of the environmental review of the proposed Project. Approximately 60 residents attended the meeting and raised concerns about traffic, pedestrian safety, population growth, aesthetics, and if cumulative impacts would be adequately considered. These issues were addressed in the Draft SEIR. SEIR Scoping Meeting The City hosted a public scoping meeting for the draft SEIR on March 30, 2023, to solicit comments on the scope of the environmental review of the proposed Project. Approximately 60 residents attended the meeting and raised concerns about traffic, pedestrian safety, population growth, aesthetics, and if cumulative impacts would be adequately considered. Participants were encouraged to submit comments on paper or via email to ensure inclusion in the draft SEIR and environmental analyses. Draft and Final SEIR Public Review and Availability The City determined at the onset of review and preparation based on analyses, the General Plan Final PEIR, existing site conditions, setting, and responses to the NOP, that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the SEIR: Aesthetics, Agriculture and Forestry Resources, Biological Resources, Mineral Resources, and Wildfire. In particular with respect to aesthetics, Public Resources Code Section 21099 provides that “aesthetic and parking impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment.” Here, the proposed Project is located in a Transit Priority Area and therefore the SEIR did not include a detailed analysis of aesthetics. However, a discussion on the topic is included in the Land Use and Planning section of the SEIR. For each topical area of potential significance, the SEIR evaluates impacts of the project, what was evaluated by the GPU Final PEIR, mitigation measures already in place and adopted by the GPU Final PEIR’s MMRP, and project-specific mitigation measures. Section 15126.2(b) of the CEQA Guidelines requires an EIR to describe “any significant impacts, including those which can be mitigated but not reduced to a level of insignificance.” Potential environmental effects of the proposed project and mitigation measures are discussed in detail throughout Chapter 5 of the SEIR. The Draft SEIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources. City Council 22 – 29 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 30 4 5 1 6 However, the Draft SEIR concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts to air quality and parks and recreation. •Air Quality. Implementation of the proposed Project would result in short-term emissions of criteria air pollutants during Project construction and long-term emissions of criteria air pollutants from vehicular emissions, natural gas consumption, landscaping, applications of architectural coatings, and use of consumer products. The emissions from the proposed project are primarily from vehicle trips and use of consumer products that emit nitrous oxide or reactive organic gasses. The majority of the Project’s emission exceedances are from consumer product and mobile sources and cannot feasibly be reduced by either the City or Project Applicant below the SCAQMD thresholds. Emissions from both consumer products and motor vehicles are controlled by State and federal standards and the City and applicant have no control over these standards. Due to the Project exceedance of the thresholds, impacts would be cumulatively considerable and significant and unavoidable. •Parks and Recreation. As detailed in Section 5.12 of the SEIR (Parks and Recreation), the City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents, which is below the City’s parkland aspirational standard of 3 acres of parkland per 1,000 residents. Based on the City’s parkland aspirational standard of 3 acres of public park and/or recreational space per 1,000 residents, buildout of the project in the SP results in a need for approximately 27.7 additional acres of parkland to serve the estimated 9,238 new residents of the project site. The 13.1 acres of publicly accessible open space within a required 17.21 acres of common or private open space for residents provided by the project would be approximately 10.49 acres less than the City’s parkland aspirational standard, which would exacerbate the existing citywide parkland deficiency. Although the proposed Project and cumulative projects would be required to provide park and recreational facilities, private open space, and/or pay in-lieu fees as required by the Santa Ana Municipal Code, the impacts related to the amount of parkland within the City would be cumulatively considerable and cumulative impacts related to parks and recreational facilities would be significant. The SEIR also evaluated the following alternatives to the proposed Project that would feasibly avoid or lessen the proposed Project’s significant environmental impacts while attaining most of the proposed Project’s objectives: Alternative 1 (No project/No build), Alternative 2 (Reduced project alternative that reduces the commercial component to 250,000 square feet and eliminates the 250 hotel room keys), and Alternative 3 (Building of the existing zoning designations of C2 and CR, producing a maximum total of 1,032,774 square feet of commercial uses, 1,375 multi-family units, 250 hotel room City Council 22 – 30 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 31 4 5 1 6 keys, and 200 senior continuum of care living units). A detailed analysis of environmental impacts and feasibility of each alternative is included in the Final SEIR. A Mitigation Monitoring and Reporting Program (MMRP) has been prepared and is attached as to the resolution certifying the Final Supplemental Environmental Impact Report No. 2022-01. A Statement of Overriding Considerations will be necessary should the City Council decide to approve the Project because of the significant and unavoidable impacts to air quality and parks and recreation. The Statement of Overriding Considerations and Findings for the Project is attached as Exhibit A to the same resolution. As required by CEQA Guidelines section 15087(a), the City filed a Notice of Completion with the Governor’s Office of Planning and Research, State Clearinghouse, indicating that the Draft SEIR had been completed and was available for public review. On July 6, 2023, a Notice of Availability of the Draft SEIR was published and the Draft SEIR was circulated for at least a 45-day public review and comment period from July 6, 2023 through August 21, 2023. During the public comment period, copies of the Draft SEIR and technical appendices were available for review and inspection at City Hall, on the City’s project webpage, and at the City of Santa Ana Public Library (Civic Center location). The City received a total of 15 comments from various individuals, organizations, or government agencies during this period, and one comment after the public review period. On August 1, 2024, the City released the Final SEIR, which contains the Draft SEIR, all technical appendices prepared in support of the Draft SEIR, all written comment letters received on the Draft SEIR, written responses to all written comment letters received on the Draft SEIR, and errata to the Draft SEIR and technical appendices. In accordance with PRC Section 21092.5, copies of the written responses to public agencies that submitted comments during the 45-day review period will be forwarded to those agencies at least 10 days prior to certification of the Final SEIR by the City Council, with copies of the Final SEIR document. Pursuant to CEQA Guidelines Section 15089(b), lead agencies may provide an opportunity for review of the Final SEIR by the public or by commenting agencies before a project is approved, but is not required to do so; the Final SEIR is available for review on the City’s website at www.santa-ana.org/related- california-bristol-specific-plan/ , at the City of Santa Ana Newhope Public Library, and at City Hall. Staff recommends that the Planning Commission recommend that the City Council certify the Final SEIR and adopt the MMRP for the Project, and adopt CEQA Findings of Fact and Statement of Overriding Considerations. The entire Final SEIR and all required components, including comments, responses, detailed analyses, and the MMRP, are contained within Exhibit 6 of this report. City Council 22 – 31 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 32 4 5 1 6 FISCAL IMPACT The General Plan Land Use Element requires projects proposing a zone change to evaluate economic, fiscal, and community benefits impacts through various analyses (Policy Nos. LU-2.4, LU-3.1, and Implementation Action No. 1.2). In accordance with the General Plan, the applicant provided and the City prepared and/or peer-reviewed analyses on economic impacts (EIA), fiscal impacts (FIA), land residual value (LRV), and community benefits (CBA). The EIA, FIA, LRV, and CBA reports’ conclusions about the proposed project and its impacts are outlined in Tables 6a, 6b, 6c, and 6d. Tables 6a, 6b, 6c, and 6d: Key Economic, Fiscal, and Community Benefits Findings Table 6a: Key Economic Benefits Findings Topic Existing Site Proposed Project Net Change One-Time Impacts Not applicable 16,834 jobs, including direct, indirect, and induced full- and part- time jobs; $1.5 billion in citywide one-time labor income; and $667.3 million in intermediate inputs Not applicable Recurring (Ongoing) Impacts 371 direct and indirect jobs 1,586-5,900 total direct and indirect jobs; $337,218,792 in labor income, intermediate inputs, and other value added 1,215-5,529 increased jobs Jobs-Housing Balance 141,543 jobs citywide; 82,058 housing units citywide; 1.725 jobs- housing balance 143,129 jobs citywide; 85,808 housing units citywide; 1.67 jobs- housing balance 1,586 jobs resulting from the project; 3,750 new housing units; 0.055 decline jobs- housing balance, resulting in a positive shift toward the direction of a 1:1 job- housing balance. Sources: Studies prepared by Natelson Dale Group, Inc. (Feb. 2023) and DTA (Sep. 2023) Table 6b: Key Fiscal Impacts Findings Topic Existing Site Proposed Project Net Change Total Site Revenues to the City’s General Fund $3,290,327 $11,691,114 $8,400,787 Total Site Expenditures from the City’s General Fund (Cost of Services) $471,270 $8,296,866 $7,825,596 City Council 22 – 32 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 33 4 5 1 6 Net General Fund Fiscal Impact to the City $2,819,057 $3,394,248 $575,191 Sources: Existing Site Calculations from Natelson Dale Group, Inc. February 2023 based on FY22-23 data Proposed Project Calculations from Natelson Dale Group, Inc. February 2023, updated by DTA March 2024 after Peer Review Estimated Net Change, based on FY22-23 data Table 6c: Land Residual Value Findings Topic Existing Site Proposed Project Net Change Total Net Assessed Value (NAV) -$2,377,266,000 Total Costs -$1,779,371,000 Excess of NAV over Costs $597,895,000 Source: Study prepared by DTA (Sep. 2023) Table 6d: Community Benefits Impacts Findings Topic Existing Site Proposed Project Net Change Housing Construction 0 units 3,750 units 3,750 units, providing a jobs-housing balance that exceeds the Statewide average of 1.260, and assisting the City with meeting its RHNA allocations Affordable Housing In- Lieu Funds $0 Approximately $18 million, depending on unit sizes and mixes Approximately $18 million, depending on unit sizes and mixes Publicly Accessible Open Space 0 acres 13.1 acres 13.1 acres of publicly accessible open space comprised of the Bristol Plaza, Bristol Green, Bristol Central Park, the Greenlink, and other plaza and landscaped areas throughout the 41-acre site Urban Design and Image of the City Traditional, suburban shopping center with surface parking, no community amenities, and outdated buildings Contemporary, iconic mixed-use urban village with mid- and high-rise structures, urban village street network, bicycle lanes, on-street parking, outdoor dining areas, and high-quality furnishings Enhancement of the City at a key gateway intersection (Bristol Street and Sunflower Avenue), capitalizing on the success of South Coast Plaza and adjacency to the I-405 freeway City Council 22 – 33 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 34 4 5 1 6 Table 6d: Community Benefits Impacts Findings Onsite Full-Service Grocery Store Large-format grocery store currently operating as a Vons Large-format grocery store in Phase 1 of 2 of the project, pursuant to terms of the DA No change Source(s): Study prepared by DTA (Sep. 2023) In addition to the EIA, FIA, LRV, and CBA analyses, a Market Study was prepared to evaluate impacts of the proposed project on the economic market area, including the residential, commercial, hotel, and senior continuum care living components. The study concludes that given the amenity-rich environment of the project site, its location in a market area with higher than average rents, and the relatively low vacancy rates of nearby mixed-use and multiple-family residential communities, the project’s residential component could be absorbed by the market area with low vacancies and rental rates above the area average. The study also concludes that despite a net loss of 115,000 square feet of commercial space on the project site, the reconfigured commercial spaces could be absorbed into the market area with the conveniences of underground parking, onsite amenities, proximity to South Coast Plaza and the I-405 freeway, and the existing two-percent (2%) retail vacancy in a two-mile radius of the project site. The reconfigured commercial spaces are expected to command a price per of at least $40 per square foot annually, an increase of $2.47 per square foot from the current average of $37.53 per square foot annually. According to the Market Study, the proposed 250 hotel room keys could also be absorbed, given low hotel room vacancy rates in the area, and given that the SP is targeting construction of a four-star hotel, similar to the Westin at South Coast. It is estimated that the value of another hotel on the project site would be approximately $95 million, while the costs would be $64 million, leading to an “Excess Value over Costs” ratio of about 32 percent, a figure that would attract a developer to finance construction of a four-star hotel on the project site. Lastly, the Market Study concludes that the senior continuum care facility would be valued at approximately $106 million, with costs near $73 million, leading to an “Excess of Value over Costs” ratio of about 36 percent, making the facility financially feasible on the project site. The EIA, FIA, LRV, and CBA analyses, as well as the Market Study and respective peer reviews, are provided as Exhibit 10 to this report. RESOLUTION AMENDING PERMIT PARKING DISTRICTS Separate from the Related Bristol Specific Plan Project but concurrently as an implementation of the General Plan Update (2022), it is recommended that the City Council adopt a resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 (Exhibit 19) regarding Permit Parking District petitions. City Council 22 – 34 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 35 4 5 1 6 Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the SAMC, the City Council is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. By Resolution Nos. 91-088, 93-076, and 2000-062, the City Council established the South Coast, the Sandpointe, and the South Metro Permit Parking Districts (Exhibit 18). Residents in these Parking Districts may petition to impose permit parking restrictions if desired by the property owners within each District. On April 19, 2022, the City Council adopted the General Plan Update. The new General Plan went into effect on May 26, 2022. The new General Plan allows for significant mixed-use redevelopment within the South Bristol Street Focus Area. As part of the General Plan implementation process and subsequent development project applications, City staff have conducted extensive outreach in the neighborhoods in and around the South Bristol Focus Area to solicit resident concerns and feedback regarding the proposed redevelopment in the area. Residents have expressed concerns that proposed development projects in the South Bristol Street Focus Area may impact available parking on neighborhood streets and have requested that the City modify existing procedures to facilitate expanded utilization and participation in the City's permit parking program. While extensive environmental review and traffic studies completed for the General Plan Update and for the Related Bristol Project evidenced that development of projects consistent with the General Plan development thresholds will not have direct impacts on parking to the surrounding residential neighborhoods, nonetheless, enhancing the ability of the various Permit Parking Districts adjacent to the South Bristol Focus Area to expand utilization and participation the permit parking program would ease community concerns and could improve the effectiveness of the existing permit parking program. The City is in the process of performing a Citywide parking study to, in part, evaluate Citywide permit parking program modifications. Completion of this study is not anticipated until fall of 2025 and will therefore not adequately address the near-term concerns brought forward by the Focus Area residents. To address the concerns brought forward by residents in a timely manner, staff recommends the adoption of a concurrent resolution as an implementation action of the General Plan to amend the definition of a parking block within the established Parking Districts. The current regulations require a separate permit parking petition for each individual block, which makes implementing parking restrictions in a uniform manner an arduous task for residents. The proposed amendment allows for a single permit parking petition to be considered for multiple, contiguous residential blocks such that uniform parking restrictions are implemented along multiple street segments at a time. City Council 22 – 35 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 36 4 5 1 6 Implementation of the restrictions will continue to require a minimum of 66 percent of the affected petitioned properties vote in favor of the restrictions. Upon completion of the Citywide parking study, staff will present the City Council recommended parking strategies and regulations for consideration and adoption, which may or may not include the amendments considered in the proposed resolution (Exhibit 17). General Plan Consistency of the Resolution Amending Permit Parking Districts The proposed resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with multiple General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts is identified in multiple General Plan implementation actions of the Mobility Element, Land Use Element, and Housing Element. Exhibit 19 to this staff report contains a list of all applicable General Plan goals and policies that support this recommended action. Environmental Impact of the Resolution Amending Permit Parking Districts The action to adopt a resolution amending Resolution No. 91-088, Resolution No. 93- 076, and Resolution No. 2000-062 regarding Permit Parking District petitions is not a “project” subject to CEQA and no environmental review is required. Even if the action could be construed as a CEQA “project”, the proposed resolution requires no further environmental review pursuant to Section 15162 of the CEQA Guidelines. Section 15378(b) of the CEQA Guidelines defines a “Project” that is subject to CEQA review as an activity that may result in a direct or reasonably foreseeable indirect physical change in the environment, stating that “Projects do not include” ongoing “administrative or maintenance activities, such as purchases for supplies, personnel- related actions, general policy and procedure making [Section 15378(b)(2)]” and “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment [Section 15378(b)(5)].” The proposed amendment to Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 modifies administration of an existing parking district program by allowing a single permit parking petition to be considered for multiple, contiguous residential blocks (rather than a separate permit parking petition for each individual block). Thus, no direct or indirect physical changes in the environment will result and accordingly, the proposed resolution is not a “project” subject to CEQA. (CEQA Guidelines, Section 15060(c)(2)- (3).) City Council 22 – 36 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 37 4 5 1 6 In the alternative, even if the proposed resolution is a project subject to CEQA, no further environmental review is required. Section 15162 of the CEQA Guidelines requires subsequent EIRs and Negative Declarations, following certification of a previous EIR, only when one of three triggering conditions exists: (1) substantial changes are proposed in the project that will require major revisions of the EIR, (2) substantial changes occur in circumstances under which the project is being undertaken that will require major revisions in the EIR, or (3) new information of substantial importance to the project that was not known and could not have been known when the EIR was certified as complete becomes available, and this condition (1, 2, and/or 3) also would lead to new or more significant impacts. (See also Pub. Resources Code, § 21166.) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. As previously discussed, the GPU Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. The proposed resolution falls within the scope of the General Plan Update evaluated in the PEIR because it implements the goals and policies pertaining to permit parking programs and parking impacts identified in the General Plan Update. The proposed resolution therefore does not trigger any of the conditions identified in Section 15162 of the CEQA Guidelines and summarized above. Approval of the proposed resolution will not result in no new or more severe impacts requiring additional environmental review of the approval action. EXHIBITS 1. Resolution certifying the Final Supplemental Environmental Impact Report No. 2022-01 , for the Related Bristol Specific Plan Project (SCH No. 2020029087), (2) adopt Environmental Findings of Fact and a Statement of Overriding Considerations for the Project pursuant to the California Environmental Quality Act, (3) adopt the Mitigation Monitoring and Reporting Program; and (4) approve the Project 2. Resolution and findings overruling the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Project 3. Ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5) 4. Ordinance approving Development Agreement No. 2023-02 5. Resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned City Council 22 – 37 9/17/2024 Related Bristol Specific Plan Entitlements & Development Agreement (3600 S. Bristol St.) and Staff Resolution Modifying Parking Districts in the Surrounding Area September 17, 2024 Page 38 4 5 1 6 6. Final Supplemental Environmental Impact Report 7. Related Bristol Specific Plan and Parking Study 8. Development Agreement 9. Vesting Tentative Tract Map 10.Economic Impact, Fiscal Impact, Residual Land Value, and Community Benefit Analyses, and Market Study 11.Sunshine Ordinance Meeting Materials 12.John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response 13.Consistent and Supportive General Plan Goals and Policies of the Related Bristol Specific Plan Entitlements & Development Agreement 14.Responses to Planning Commission Comments Received Prior to 3:30 PM Deadline on August 12, 2024 15.Link to Planning Commission Agenda Packet 16.Parking District Maps 17.Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 18.Copy of Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 19.Consistent and Supportive General Plan Goals and Policies of the Resolution Amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 20.Copy of Public Notices Submitted By: Minh Thai, Executive Director of the Planning and Building Agency and Nabil Saba, P.E., Executive Director of the Public Works Agency Approved By: Alvaro Nuñez, City Manager City Council 22 – 38 9/17/2024 Resolution No. 2024-XXX Page 1 of 7 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, in April 2022, the City of Santa Ana (“City”) certified the General Plan Update (“GPU”) Final Environmental Impact Report (“FEIR”) (SCH No. 2020029087) and adopted its GPU; and WHEREAS, the GPU Land Use Element guides development by designating land uses, evaluates the potential environmental effects associated with implementation of the GPU, and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts; and WHEREAS, the Related Bristol Specific Plan Project (“Project”) site is located within the GPU South Bristol Street Focus Area and is consistent with the GPU land use designation; and WHEREAS, the Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023- 01; and WHEREAS, the City determined that a supplemental EIR (“SEIR”) to the GPU FEIR is required to evaluate the potential of the Project to result in new or substantially greater environmental impacts than previously identified in the GPU FEIR, and therefore did not prepare an initial study in accordance with State CEQA Guidelines Section 15063(a); and WHEREAS, pursuant to Section 21067 of the Public Resources Code, and State CEQA Guidelines Section 15367, the City of Santa Ana is the lead agency for the Project; and City Council 22 – 39 9/17/2024 Resolution No. 2024-XXX Page 2 of 7 WHEREAS, pursuant to State CEQA Guidelines Section 15082, on March 17, 2023, the City sent to the Office of Planning and Research and each responsible and trustee agency a Notice of Preparation (“NOP”), which was also published in the Orange County Register, a newspaper of general circulation in the City of Santa Ana, stating that an environmental impact report would be prepared; and WHEREAS, twenty (20) comment letters were received in response to the NOP; and WHEREAS, pursuant to Public Resources Code Section 21083.9 and State CEQA Guidelines Sections 15082(c) and 15083, the City held a duly noticed scoping meeting on March 30, 2023, to solicit comments on the scope of the environmental review of the proposed project, and ten (10) written comments were received; and WHEREAS, a Draft Supplemental Environmental Impact Report (“Draft EIR”) (SCH No. 2020029087) was prepared for the Project addressing comments received in response to the Notice of Preparation and evaluating the proposed Project’s potentially significant environmental impacts; and WHEREAS, the Draft EIR determined that mitigation measures were required to mitigate impacts to a less than significant level for the following resource areas: air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous material, noise, and tribal cultural resources; and WHEREAS, the Draft EIR further concluded that despite the incorporation of all feasible mitigation measures, the proposed Project would nonetheless result in significant and unavoidable impacts relating to air quality and parks and recreation; and WHEREAS, in accordance with State CEQA Guidelines section 15085, a Notice of Completion was prepared and filed with the Office of Planning and Research on July 6, 2023; and WHEREAS, as required by State CEQA Guidelines section 15087(a), the City provided Notice of Availability of the Draft EIR to the public at the same time that the City sent Notice of Completion to the Office of Planning and Research, on July 6, 2023; and WHEREAS, during the public comment period, copies of the Draft EIR and technical appendices were available for review and inspection at City Hall, on the City’s website, and at the City of Santa Ana Public Library; and WHEREAS, consistent with State CEQA Guidelines Section 15087(e), the Draft EIR was circulated for at least a 45-day public review and comment period from July 6, 2023, to August 21, 2023; and City Council 22 – 40 9/17/2024 Resolution No. 2024-XXX Page 3 of 7 WHEREAS, during the public review and comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies, and others pursuant to State CEQA Guidelines section 15086; and WHEREAS, the City received sixteen (16) written comment letters on the Draft EIR; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of its responses to commenting public agencies at least ten (10) days prior to the City’s consideration of the Final EIR, on August 1, 2024; and WHEREAS, on August 1, 2024, the City released the Final EIR; and WHEREAS, the Final EIR consists of the Draft EIR, all technical appendices prepared in support thereof; all documents incorporated by reference, all written comments letters received on the Draft EIR, written responses to all written comments letters and verbal comments received on the Draft EIR, revisions to the Draft EIR and technical appendices, the Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations; and WHEREAS, on August 12, 2024, the Planning Commission conducted the public hearing to consider the Draft EIR and the Project, and solicited comments on the document. After hearing all relevant testimony from staff, the public and the City’s consultant team, the Planning Commission voted to recommend that the City Council certify the EIR for the Project, adopt the Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program, and approve the Project; and WHEREAS, on September 17, 2024, the City Council held a duly noticed public hearing to consider the Final EIR and the Project, at which hearing members of the public were afforded an opportunity to comment and the Project was fully considered; and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the Final EIR; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision and recommendations on the Project; and WHEREAS, all of the requirements of the Public Resources Code and the CEQA Guidelines have been satisfied by the City in connection with the preparation of the Final EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the Final EIR prepared in connection with the Project sufficiently analyzes the Project’s potentially significant environmental impacts, and the Final EIR City Council 22 – 41 9/17/2024 Resolution No. 2024-XXX Page 4 of 7 analyzes a range of feasible alternatives to address whether these effects can be reduced to a level of less than significant; and WHEREAS, the City has made certain findings of fact, as set forth in Exhibit A to this Resolution, attached hereto and incorporated herein, based upon the oral and written evidence presented to it as a whole and the entirety of the administrative record for the Project, which are incorporated herein by this reference; and WHEREAS, the City finds that the Project’s environmental topics that would result in no impact, as identified in the Final EIR, are described in Section II of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s environmental impacts that are less than significant without implementation of project-specific mitigation measures, as identified in the Final EIR, are described in Section III of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, without mitigation, would result in significant adverse impacts, and that upon implementation of the mitigation measures provided in the Final EIR, would be considered less than significant, are described in Section IV of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the Project’s impacts that, even with mitigation measures, would remain significant and unavoidable are described in Section V of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the cumulative impacts of the Project identified in the EIR and set forth herein, are described in Section VI of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the potential significant irreversible environmental changes that would result from the proposed Project are described in Section VII of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the existence of any growth-inducing impacts and commitment of resources resulting from the proposed Project are described in Section VIII of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the City finds that the reasonable alternatives to the Project are described in Section IX of the Findings of Fact, attached hereto as Exhibit A; and WHEREAS, the Statement of Overriding Considerations that indicates the benefits of the Project outweigh the unavoidable significant environmental effects is described in Section X of the Findings of Fact, attached hereto as Exhibit A; and City Council 22 – 42 9/17/2024 Resolution No. 2024-XXX Page 5 of 7 WHEREAS, all the mitigation measures identified in the Final EIR and necessary to reduce the potentially significant impacts of the Project to a level of less than significant are set forth in the Mitigation Monitoring and Reporting Program (“MMRP”), attached hereto as Exhibit B; and WHEREAS, prior to taking action, the City has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including but not limited to the Final EIR and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final EIR reflects the independent judgment of the City and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in the public hearing conducted by City Council and no additional information submitted to the City Council have produced substantial new information requiring recirculation of the Final EIR or additional environmental review of the project under Public Resources Code Section 21092.1 and State CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The above recitals are true and incorporated herein by reference. Section 2. The City Council hereby finds that it has been presented with the Final EIR, which it has reviewed and considered, and further finds that the Final EIR is an accurate and objective statement that has been completed in full compliance with CEQA and the State CEQA Guidelines, and that the Final EIR reflects the independent judgment and analysis of the City, acting as lead agency for the Project. Section 3. The City Council declares that no evidence of new significant impacts or any new information of “substantial importance,” as defined by State CEQA Guidelines Section 15088.5, has been received by the City after circulation of the Final EIR that would require recirculation of the Final EIR. Section 4. The City Council hereby: A. Certifies the Final EIR based on the entirety of the record of proceedings. B. Adopts the Findings of Fact and Statement of Overriding Considerations, attached hereto and incorporated herein as Exhibit A, after balancing the significant and unavoidable air quality and parks and recreation impacts of the proposed Project against the benefits of the proposed Project. City Council 22 – 43 9/17/2024 Resolution No. 2024-XXX Page 6 of 7 C.Adopts the MMRP attached hereto and incorporated herein as Exhibit B, consistent with Public Resources Code Section 21081.6; makes implementation of the mitigation measures in the MMRP a condition of approval of the Project; and finds that in the event of any inconsistencies between the mitigation measures set forth herein and the MMRP, the MMRP shall control E.Directs City staff to cause a Notice of Determination to be filed and posted with the County of Orange Registrar-Recorder/County Clerk and the State Clearinghouse within five working days of the City Council’s final project approval. Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning Manager is the custodian of records for the record of proceedings. This information is provided pursuant to Public Resources Code section 21081.6. Section 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of September, 2024 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_______________________ Laura Rossini Chief Assistant City Attorney City Council 22 – 44 9/17/2024 Resolution No. 2024-XXX Page 7 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 17, 2024. Date: ________________ ____________________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 22 – 45 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 1 CEQA Findings of Fact September 2024 CEQA FINDINGS OF FACT FOR THE RELATED BRISTOL MIXED-USE PROJECT SANTA ANA, CALIFORNIA STATE CLEARINGHOUSE NO. 2020029087 CITY OF SANTA ANA DP NO. 2022-31 Public Resources Code section 21002 states that “public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]” Section 21002 further states that the procedures required by CEQA “are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which would avoid or substantially lessen such significant effects.” Agencies demonstrate compliance with section 21002’s mandate by adopting findings before approving projects for which EIRs are required. (See Pub. Resources Code, § 21081, subd. (a); State CEQA Guidelines § 15091, subd. (a).) The approving agency must make written findings for each significant environmental effect identified in an EIR for a proposed project and must reach at least one of three permissible conclusions. • The first possible finding is that “[c]hanges or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the final EIR.” (State CEQA Guidelines § 15091, subd. (a)(1).) • The second permissible finding is that “[s]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding” and that “[s]uch changes have been adopted by such other agency or can and should be adopted by such other agency.” (State CEQA Guidelines § 15091, subd. (a)(2).) • The third potential conclusion is that “[s]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.” (State CEQA Guidelines § 15091, subd. (a)(3).) Agencies must not adopt a project with significant environmental impacts if feasible alternatives or mitigation measures would substantially lessen the significant impacts. Public Resources Code section 21061.1 defines “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.” State CEQA Guidelines section 15364 adds “legal” considerations as another indicium of feasibility (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 565). Project objectives also inform the determination of “feasibility.” (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417.) Further, “‘feasibility’ under CEQA encompasses ‘desirability’ to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors.” (Id.; see also Sequoyah Hills Homeowners Assn. v. City Council 22 – 46 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 2 CEQA Findings of Fact September 2024 City of Oakland (1993) 23 Cal.App.4th 704, 715.) An agency need not, however, adopt infeasible mitigation measures or alternatives (State CEQA Guidelines § 15091, subds. (a), (b)). Further, environmental impacts that are less than significant do not require the imposition of mitigation measures (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347). Notably, section 21002 requires an agency to “substantially lessen or avoid” significant adverse environmental impacts. Thus, mitigation measures that “substantially lessen” significant environmental impacts, even if not completely avoided, satisfy section 21002’s mandate. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 521 (“CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level”); Las Virgenes Homeowners Federation, Inc. v. County of Los Angeles (1986) 177 Cal.App.3d 300, 309 (“[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance . . . if such would render the Project unfeasible”). CEQA requires that the lead agency adopt mitigation measures or alternatives, where feasible, to substantially lessen or avoid significant environmental impacts that would otherwise occur. Project modification or alternatives are not required, however, where such changes are infeasible or where the responsibility for modifying the Project lies with some other agency. (State CEQA Guidelines § 15091, subds. (a), (b).) The California Supreme Court has stated, “[t]he wisdom of approving . . . any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced.” (Citizens of Goleta Valley v. Board of Supervisors, supra, 52 Cal.3d at p. 576). The City of Santa Ana has determined that based on all the evidence presented, including, but not limited to, the Final EIR, written and oral testimony given at meetings and hearings on the Project, and submission of testimony from the public, organizations and regulatory agencies, the following environmental impacts associated with the Project are: (1) less than significant and do not require mitigation; (2) potentially significant and each of these impacts would be avoided or reduced to a level of insignificance through the identified mitigation measures; or (3) significant and cannot be fully mitigated to a level of less than significant but will be substantially lessened to the extent feasible by the identified mitigation measures. City Council 22 – 47 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 3 CEQA Findings of Fact September 2024 SECTION I ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The Final Supplemental EIR includes the Draft Supplemental Environmental Impact Report (EIR) dated July 2023, written comments on the Draft Supplemental EIR that were received during the public review period, written responses to those comments and changes to the Draft Supplemental EIR, and the Final Supplemental EIR Errata making minor corrections and revisions to the Final Supplemental EIR. In conformance with CEQA and the State CEQA Guidelines, the City of Santa Ana conducted an extensive environmental review of the Related Bristol Mixed-Use Project: • The City of Santa Ana concluded that a Supplemental EIR should be prepared, and the Notice of Preparation (NOP) was released for a 30-day public review period from March 17, 2023, through April 17, 2023. The NOP was posted at the Orange County Clerk’s Office on March 16, 2023. The notice was published in the Orange County Register, a newspaper of general circulation. Under CEQA, a Lead Agency may proceed directly with preparation of the EIR without preparation of an Initial Study if it is clear that an EIR will be required (State CEQA Guidelines Section 15060[d]). The City of Santa Ana has made such a determination for this Project and has not prepared an Initial Study. • Completion of a scoping process, in which the public was invited by the City of Santa Ana to participate. The scoping meeting for the Supplemental EIR was held on March 30, 2023 at 5:30 p.m. at the McFadden Institute of Technology located at 2701 South Raitt Street in Santa Ana. The notice of a public scoping meeting was included in the NOP distributed on March 17, 2023. • Preparation of a Draft Supplemental EIR by the City of Santa Ana, which was made available for a 45-day public review period (July 6, 2023 through August 21, 20232023). The Notice of Availability (NOA) for the Draft Supplemental EIR was sent to all persons, agencies and organizations on the interest list interested persons, published in the July 6, 2023 Orange County Register, and posted at the Orange County Clerk’s Office and the State Clearinghouse (SCH) at the Governor’s Office of Planning and Research (OPR) on July 6, 2023. Copies of the Draft Supplemental EIR were made available for public review at the City of Santa Ana, Planning Division Counter, located at 20 Civic Center Plaza, M-20, Santa Ana, CA 92701, and the City of Santa Ana Public Library, located at 26 Civic Center Plaza, Santa Ana, CA 92701. The Draft Supplemental EIR was also available for review and download via the following City website location: https://www.santa-ana.org/related- california-bristol-specific-plan/. • The Final Supplemental EIR contains comments on the Draft Supplemental EIR, responses to those comments, revisions to the Draft Supplemental EIR, if any, and appended documents. The Final Supplemental EIR was released for a 10-day agency review period prior to certification of the Final Supplemental EIR. • Pursuant to CEQA Guidelines Section 15095, staff is directed as follows: a) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be retained in the Project files; b) copy of the Final Supplemental EIR and CEQA Findings of Fact shall be provided to the City Council 22 – 48 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 4 CEQA Findings of Fact September 2024 Project applicant who is responsible for providing copy of same to all CEQA "responsible" agencies. City Council 22 – 49 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 5 CEQA Findings of Fact September 2024 SECTION II RESOLUTION REGARDING ENVIRONMENTAL TOPIC AREAS WITH NO IMPACT Based upon the Supplemental EIR prepared for the Project, the City determined that the Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the Supplemental EIR: • Aesthetics • Agriculture and Forestry Resources • Biological Resources • Mineral Resources • Wildfire The evidence in support of the finding that the Project will not have a significant impact on these environmental topic areas are set forth in the Draft EIR which is incorporated by reference (Supplemental Draft EIR, pp. 5.16-7 to 5.16-12). Based upon the Supplemental EIR prepared for the Project, the City determined that the Project would have no impact on the following environmental topic areas: A. Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5 (Draft Supplemental EIR at p. 5.2- 9). Facts in Support of Findings: The Project site does not contain any historical resources. As described in the Historical Resource Assessment that was prepared for the Project site (included as Appendix D of the Draft Supplemental EIR), 16 of the existing buildings onsite were constructed more than 45 years ago. None of the buildings were identified as meeting any historic resource criterion and do not meet the definition of a historic resource pursuant to CEQA or the City of Santa Ana. Overall, the site does not include any historic resources and implementation of the proposed Project would not impact a historic resource. Therefore, Project impacts would be less than those disclosed in the GPU FEIR, which were determined to be significant and unavoidable despite inclusion of mitigation (Draft Supplemental EIR at pp. 5.2-9 through 5.2-14). B. Energy Impact Finding: The Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency (Draft Supplemental EIR at p. 5.3-13). Facts in Support of Findings: The proposed Project would be required to meet the CCR Title 24 energy efficiency standards in effect during permitting of the Project. The City’s administration of the CCR Title 24 requirements includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. In addition, the Project would not conflict with or obstruct opportunities to use renewable energy, such as solar energy. Redevelopment of the site would not result in obstruction of opportunities for use City Council 22 – 50 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 6 CEQA Findings of Fact September 2024 of renewable energy. In addition, Draft Supplemental EIR Section 5.5, Greenhouse Gas Emissions, Mitigation Measure GHG-1 requires installation of solar panels or other source of renewable electricity generation onsite to the maximum roof area available. Mitigation Measure GHG-2 requires the proposed Project to meet 2022 CALGreen Tier 2 voluntary energy efficiency standards, which surpass the building code energy efficiency requirements, and Mitigation Measure GHG-5 requires the proposed Project to install Energy Star certified or of equivalent energy efficient appliances in all residential units. Thus, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would not occur. This is consistent with the findings of the GPU FEIR, which determined that implementation of the City’s GPU would not interfere with any plan for renewable energy or energy efficiency, and that no impacts would occur (Draft Supplemental EIR at pp. 5.3-13 through 5.3-15). C. Geology and Soils Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. (Draft Supplemental EIR at p. 5.4-9). Facts in Support of Findings: The Project site is not located within an Alquist-Priolo Earthquake Fault Zone and no active faults are known to cross the site. The closest known active faults are associated with the San Joaquin Hills Fault, located approximately 1.3 miles northeast from the site; the Newport‐Inglewood Fault Zone, approximately 4.1 miles southwest of the site (Appendix G to the Draft Supplemental EIR). The San Joaquin Hills fault does not rupture at the ground surface. Because no known faults exist on the site, the proposed Project would not expose people or structures to potential substantial adverse effects from rupture of a known earthquake fault that is delineated on an Alquist-Priolo Earthquake Fault Zoning Map or other evidence of a fault, and no impacts would occur. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to surface rupture of a fault would be less than significant (Draft Supplemental EIR at p. 5.4-9). Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving landslides (Draft Supplemental EIR at p. 5.4-10). Facts in Support of Findings: The proposed Project site is located in a seismically active region subject to strong ground shaking. However, as described previously, the Geotechnical Report (included as Appendix G to the Draft Supplemental EIR) describes that the Project site is generally level and no hills or slopes are adjacent to the site. In addition, the site is not within a seismically induced landslide hazard zone area and is not considered potentially susceptible to seismically- induced slope instability. Thus, the Project site is not located within or adjacent to an earthquake- induced landslide area, and the proposed Project would not expose people or structures to substantial adverse effects involving landslides, and impacts related to landslides would not occur. Therefore, impacts related to Project buildout of the site would be consistent with the impact City Council 22 – 51 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 7 CEQA Findings of Fact September 2024 conclusions set forth in the GPU FEIR, which determined that impacts related to landslides would be less than significant (Draft Supplemental EIR at p. 5.4-10). Impact Finding: The Project would not have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater (Draft Supplemental EIR at 5.4-13). Facts in Support of Findings: The Project site is currently connected to the City’s sewer system. As detailed in Draft Supplemental EIR Chapter 3.0, Project Description, the Project would install a new onsite sewer system that would connect to the existing 78-inch sewer in Sunflower Avenue. The proposed Project would not use septic tanks or alternative wastewater disposal systems. As a result, no impacts related to septic tanks or alternative wastewater disposal systems would occur from implementation of the proposed Project. Therefore, impacts related to Project buildout of the site would be less than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to septic tanks would be less than significant (Draft Supplemental EIR at 5.4-13). D. Hazards and Hazardous Materials Impact Finding: The Project would not be located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or the environment (Draft Supplemental EIR at p. 5.6-26). Facts in Support of Findings: The Phase I Environmental Site Assessment (included as Appendix J to the Draft Supplemental EIR) that was conducted database searches to determine if the Project area or any nearby properties are identified as currently having hazardous materials. The record searches determined that although the site has a history of various uses and identified as previously generating hazardous wastes and clean-up activities, the Project site is not located on or near by a site which is included on a list of hazardous materials sites pursuant to Government Code Section 65962.5. As a result, impacts related to hazards from being located on or adjacent to a hazardous materials site would not occur from implementation of the proposed Project (Draft Supplemental EIR at p. 5.6-26). Impact Finding: The Project would not expose people or structures either directly or indirectly to a significant risk of loss, injury, or death involving wildfires (Draft Supplemental EIR at p. 5.6-29). Facts in Support of Findings: The Project site is located within an urban developed area and is not located within an identified wildland fire hazard area and is not an area where residences are intermixed with wildlands. In addition, implementation of the proposed Project would be required to adhere to the following chapters of the City’s Municipal Code to reduce potential fire hazards: Chapter 8.2 Uniform Building Code, Chapter 8.4 Uniform Mechanical Code, Chapter 8.5 National Electric Code, and Chapter 14 City of Santa Ana Fire Code. Additionally, the Project would be in compliance with any further guidelines from the Orange County Fire Authority (OCFA) related to fire prevention and is subject to permit approval by the City’s Building Division. Therefore, the proposed Project would not expose people or structures to a significant risk of loss, injury, or death from wildfires and no impacts would occur (Draft Supplemental EIR at p. 5.6-29). City Council 22 – 52 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 8 CEQA Findings of Fact September 2024 E. Hydrology and Water Quality Impact Finding: The Project is not in a flood hazard, tsunami, or seiche zone that could risk release of pollutants due to Project inundation (Draft Supplemental EIR at p. 5.7-17). Facts in Support of Findings: The FEMA FIRM for the Project area (06059C0279J) shows that the Project site is located within “Zone X,” which is an area of minimal flood hazard potential outside of the 0.2 percent annual chance flood. Thus, the Project site is not located within a flood hazard area that could be inundated with flood flows and result in release of pollutants. Impacts related to flood hazards and pollutants would not occur from the Project. The Project site is over 5.9 miles from the Pacific Ocean, and outside of the Tsunami Hazard Zone identified by the California Department of Conservation. Thus, the Project site would not be inundated by a tsunami that could result in the release of pollutants, and impacts would not occur. Additionally, because the Project site is not within the vicinity of a water body, it is not at risk for seiche flood hazards. Therefore, the release of pollutants on the Project site resulting from a seiche inundation would not occur (Draft Supplemental EIR at p. 5.7-17). F. Land Use and Planning Impact Finding: The Project would not physically divide an established community (Draft Supplemental EIR at p. 5.8-19). Facts in Support of Findings: The Project site has long been developed with a shopping center that includes 16 commercial buildings with surface parking areas, vehicle circulation drives, and ornamental landscaping. The Project site is surrounded by and well connected to roadways. Areas in all directions are developed with commercial and residential uses. The proposed Project would demolish the existing development and related infrastructure on the site and provide a new mixed-use development with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space. The proposed Project would change the site from a partially underutilized shopping center to a residential and commercial mixed-use community with open space and gathering spaces, consistent with the DC-5 designation for development of transit-oriented high density urban villages. In addition, the proposed Project would not change roadways in a manner that would inhibit access or install any infrastructure that would result in physical division. The Specific Plan includes development of new onsite roadways and installation of new onsite infrastructure that would connect to existing roadways and infrastructure that are adjacent to the site. Thus, the proposed Project would not result in impacts related to physical division of an established community. This is consistent with the findings of the GPU FEIR, which determined that the GPU provides for infill redevelopment and would concentrate development in areas to take advantage of mass transit and provide mixed-use opportunities, and would not introduce any new development, roadways, or other infrastructure that would bisect existing communities or neighborhoods (Draft Supplemental EIR at pp. 5.8-19 through 5.8-20). City Council 22 – 53 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 9 CEQA Findings of Fact September 2024 G. Population and Housing Impact Finding: The Project would not displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere (Draft Supplemental EIR at p. 5.10- 11). Facts in Support of Findings: The Project site is currently developed with commercial retail buildings and there is no existing housing on the Project site. The proposed Project would implement new housing on the site, where none currently exists. Therefore, the proposed Project would not result in displacement of substantial numbers of people, such that construction of replacement housing elsewhere would be necessary. As a result, impacts would not occur and would be consistent with those identified in the GPU FEIR (Draft Supplemental EIR at p. 5.10-11). H. Utilities and Service Systems Impact Finding: The Project would comply with federal, State, and local statutes and regulations related to solid waste (Draft Supplemental EIR at p. 5.15-24). Facts in Support of Findings: All solid waste-generating activities within the City is subject to the requirements set forth in Section 5.408.1 of the 2016 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste. Also, the proposed senior/continuum of care housing facility would be required to comply with the California Medical Waste Management Act for proper disposal of all medical waste, which would be ensured through the State’s medical permitting process. Implementation of the proposed Project would be consistent with all state regulations, as ensured through the City’s development project permitting process. Therefore, the proposed Project would comply with all solid waste statute and regulations; and impacts would not occur. Thus, the impacts of the proposed Project are less than those identified by the GPU FEIR, which determined that development would be required to implement regulations related to solid waste and that impacts would be less than significant (Draft Supplemental EIR at p. 5.15-24). City Council 22 – 54 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 10 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 55 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 11 CEQA Findings of Fact September 2024 SECTION III RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION Section 15091 of the State CEQA Guidelines does not require specific findings to address environmental effects that an EIR identifies as “less than significant” where no mitigation is required. These findings will nevertheless fully account for all such effects identified in the Draft Supplemental EIR in this Section III. Thus, the City hereby finds that the following potential environmental impacts of the Project are less than significant and do not require the imposition of mitigation measures: A. Air Quality Impact Finding: The Project would not result in other emissions (such as those leading to odors) adversely affecting a substantial number of people (Draft Supplemental EIR at p. 5.1-42). Facts in Support of Findings: The proposed Project would not emit other emissions, such as those generating objectionable odors, that would affect a substantial number of people. The type of facilities that are considered to result in other emissions, such as objectionable odors, include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The proposed Project would implement a new mixed-use development including residential, open space/recreation, retail, restaurant, and other commercial development. These land uses do not involve the types of uses that would emit objectionable odors affecting a substantial number of people. During construction, emissions from construction equipment, architectural coatings, and paving activities may generate odors. However, these odors would be temporary, intermittent in nature, and would not affect a substantial number of people. The noxious odors would be confined to the immediate vicinity of the construction equipment. Also, the short-term construction-related odors would cease upon the drying or hardening of the odor-producing materials. In addition, all Project-generated solid waste would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations and would not generate objectionable odors. Therefore, impacts associated with other operation- and construction- generated emissions, such as odors, would be less than significant (Draft Supplemental EIR at pp. 5.1-42 through 5.1-43). B. Cultural Resources Impact Finding: The Project would not disturb any human remains, including those interred outside of formal cemeteries (Draft Supplemental EIR at p. 5.2-15). Facts in Support of Findings: The Project site has been extensively disturbed and has not been previously used as a cemetery. Thus, impacts related to human remains are less than significant. In the unanticipated event that human remains are found during project construction activities City Council 22 – 56 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 12 CEQA Findings of Fact September 2024 compliance with California Health and Safety Code Section 7050.5 would ensure that human remains are treated with dignity and as specified by law. Compliance with the existing California Health and Safety Code regulations would ensure impacts related to potential disturbance of human remains are less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts to human remains would be less than significant (Draft Supplemental EIR at pp. 5.2-15 through 5.2-16). C. Energy Impact Finding: The Project would not result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation (Draft Supplemental EIR at p. 5.3-8). Facts in Support of Findings: Construction During construction of the proposed Project, energy would be consumed in three general forms, petroleum-based fuels, electricity, and energy used in the production of construction materials. Construction activities related to each phase of the proposed mixed-use Project would not be expected to result in demand for fuel greater on a per-unit-of-development basis than other development projects in Southern California. As identified in Table 5.3-3 of the Draft Supplemental EIR, the overall diesel fuel consumption during construction of the proposed Project would be 529,054 gallons for Phase 1, 287,909 gallons for Phase 2, and 637,296 gallons for Phase 3. Gasoline consumption would be 384,969 gallons for Phase 1, 99,845 gallons for Phase 2, and 416,625 gallons for Phase 3. Construction contractors are required to demonstrate compliance with applicable California Air Resources Board (CARB) regulations and compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption on the Project site. Overall, construction activities would require limited energy consumption and would comply with all existing regulations. Thus, impacts related to construction energy usage would be less than significant, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.3-8 through 5.3-10). Operation Once operational, the mixed-use Project would generate demand for electricity, natural gas, as well as gasoline for motor vehicle trips. Operational use of energy includes the heating, cooling, and lighting of buildings, water heating, operation of electrical systems and plug-in appliances within buildings, parking lot and outdoor lighting, and the transport of electricity, natural gas, and water to the areas where they would be consumed. As identified in Table 5.3-3 of the Draft Supplemental EIR, Project operations for Phase 1 are estimated to consume approximately 431,837 gallons of diesel fuel and 1,435,828 gallons of City Council 22 – 57 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 13 CEQA Findings of Fact September 2024 gasoline fuel per year. Project operations for Phase 2 are estimated to consume approximately 181,517 gallons of diesel fuel and 570,283 gallons of gasoline fuel per year. Project operations for Phase 3 are estimated to consume approximately 261,236 gallons of diesel fuel and 868,590 gallons of gasoline fuel per year. Project operations at buildout are estimated to consume approximately 874,590 gallons of diesel fuel and 2,874,701 gallons of gasoline fuel per year. In addition, the proposed Project in Phase 1 would require approximately 17,182,736 kWh of electricity per year and approximately 279,772 therms of natural gas per year. Operation of the proposed Project in Phase 2 would require approximately 6,100,357 kWh of electricity per year and approximately 88,107 therms of natural gas per year. Operation of the proposed Project in Phase 3 would require approximately 9,271,206 kWh of electricity per year and approximately 151,580 therms of natural gas per year. Operation of the entire proposed Project at buildout would require approximately 32,554,299 kWh of electricity per year and approximately 519,459 therms of natural gas per year. The proposed mixed-use development would be required to meet the current Title 24 energy efficiency standards. The City’s administration of the Title 24 requirements and the City’s Climate Action Plan includes review of design components and energy conservation measures that occurs during the permitting process, which ensures that all requirements are met. The Project does not propose any operational characteristics or features that would result in excessive or wasteful use of energy. The Project would consist of an urban infill redevelopment in a Transit Priority Area (TPA) and High Quality Transit Area that would provide mixed residential, open space, and commercial (retail/restaurant) uses. Since it would be undertaken on a currently developed and underutilized site, and would be located near existing offsite employment, commercial, residential, and retail destinations and in proximity to existing public bus stops and freeways, which would result in reduced vehicle trips and Vehicle Miles Traveled (VMT) in comparison to a Project of similar size and land without close access to employment, service and retail destinations, public transit, and freeways. In addition, the Project site is within an area where existing infrastructure would provide for efficient delivery of electricity and natural gas to the Project and the Project would not inhibit the development of other alternative energy sources. Furthermore, existing and future regulations are likely to result in more efficient use of all types of energy, and reduction in reliance on non- renewable sources of energy. These include the federal Energy Independence and Security Act, the state Long Term Energy Efficiency Strategic Plan, SB 350 and AB 1007, which are designed to reduce reliance on non-renewable energy resources and reduce demand by providing federal tax credits for purchasing fuel-efficient items and improving the renewable fuel, appliance, and lighting standards. Thus, operation of the proposed Project would not use large amounts of energy or fuel in a wasteful, inefficient, or unnecessary manner, and impacts would be less than significant. This is consistent with the findings of the GPU FEIR, which determined that implementation of existing regulatory requirements would ensure that energy demand associated with growth under the GPU would not be inefficient, wasteful, or unnecessary; and that energy impacts would be less than significant. Moreover, although the Project’s impacts related to energy would be less than significant, mitigation measures included in the Draft Supplemental EIR for other resource areas would serve to further reduce the Project’s energy use. For instance, Draft Supplemental EIR Section 5.1, Air Quality, City Council 22 – 58 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 14 CEQA Findings of Fact September 2024 includes Mitigation Measures AQ-3 and AQ-4. Also, as detailed in Draft Supplemental EIR Section 5.5, Greenhouse Gas Emissions, Mitigation Measure GHG-1 requires installation of solar panels or other source of renewable electricity generation onsite to the maximum roof area available. Mitigation Measure GHG-2 requires the proposed Project to meet 2022 CALGreen Tier 2 voluntary energy efficiency standards, which surpass the building code energy efficiency requirements, and Mitigation Measure GHG-5 requires the proposed Project to install Energy Star certified or of equivalent energy efficient appliances in all residential units (Draft Supplemental EIR at pp. 5.3-10 through 5.3-13). D. Geology and Soils Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking (Draft Supplemental EIR at p. 5.4-9). Facts in Support of Findings: The Project site is within a seismically active region, with numerous faults capable of producing significant ground motions. The closest known active faults are associated with the San Joaquin Hills Fault, located approximately 1.3 miles northeast from the site; the Newport‐Inglewood Fault Zone, approximately 4.1 miles southwest of the site (included as Appendix G to the Draft Supplemental EIR). Therefore, Project implementation could subject people and structures to hazards from ground shaking. However, seismic shaking is a risk throughout southern California, and the Project site is not at greater risk of seismic activity or impacts as compared to other areas within the region. The CBC includes provisions to reduce impacts caused by major structural failures or loss of life resulting from earthquakes or other geologic hazards. For example, Chapter 16 of the CBC contains requirements for design and construction of structures to resist loads, including earthquake loads. The CBC provides procedures for earthquake resistant structural design that include considerations for onsite soil conditions, occupancy, and the configuration of the structure including the structural system and height. The City of Santa Ana has adopted the CBC as part of the Municipal Code Chapter 8, Article 2, Division 1, which regulates all building and construction projects within the City and implements a minimum standard for building design and construction that includes specific requirements for seismic safety, excavation, foundations, retaining walls and site demolition. Structures built in the City are required to be built in compliance with the CBC. The Project would be required to adhere to the provisions of the CBC as part of the building plan check and development review process. Compliance with the requirements of the CBC for structural safety would reduce hazards from strong seismic ground shaking. Because the proposed Project would be required to be constructed in compliance with the CBC and the City’s Municipal Code, which would be verified through the City’s plan check and permitting process and is included as PPP GEO-1, the proposed Project would result in a less than significant impact related to strong seismic ground shaking (Draft Supplemental EIR at pp. 5.4-9 through 5.4-10). City Council 22 – 59 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 15 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Impact Finding: The Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving seismic-related ground failure, including liquefaction (Draft Supplemental EIR at p. 5.4-10). Facts in Support of Findings: The Geotechnical Report (included as Appendix G to the Draft Supplemental EIR) identified that onsite soils consist of clayey soils that exist to a depth of approximately 30 feet bgs. Underlying soils include dense to very dense silty sand, poorly-graded sands, and lean clays. The highest historic groundwater on the Project site was encountered at approximately 5 feet bgs. Groundwater was encountered within onsite borings at depths between 12 feet and 16 feet bgs. However, due to the nature of the soils in the upper 50 feet, the Geotechnical Report determined that the liquefaction potential is considered low. Structures built in the City are required to be built in compliance with the CBC, as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1 (and in the Draft Supplemental EIR as PPP GEO-1), which regulates all building and construction projects within the City and implements a minimum standard for building design and construction that includes specific requirements for seismic safety, excavation, foundations, retaining walls and site demolition. The Geotechnical Report prepared for the Project site provides CBC seismic design criteria that are specific to the onsite soils and the potential liquefaction and settlement. Compliance with the CBC, as included as PPP GEO-1, would require proper construction of building footings and foundations so that it would withstand the effects of potential ground movement, including liquefaction and settlement. The CBC, as currently adopted in the City’s Municipal Code Chapter 8, Article 2, Division 1, includes provisions to reduce impacts caused by potential major structural failures or loss of life resulting from geologic hazards. The City requires the Project specific engineering design recommendations be incorporated into grading plans and building specifications as a condition of construction permit approval. Therefore, the development of the proposed Project would be required to conform to the seismic design parameters of the CBC, as included as PPP GEO-1, would reduce hazards from seismic-related ground failure, including liquefaction and settlement to a less than significant level (Draft Supplemental EIR at p. 5.4-10). Plans, Program and Policies: PPP GEO-1: CBC Compliance. As listed previously. Impact Finding: The Project would not result in substantial soil erosion or the loss of topsoil (Draft Supplemental EIR at p. 5.4-11). City Council 22 – 60 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 16 CEQA Findings of Fact September 2024 Facts in Support of Findings: The City’s Municipal Code Chapter 18-156, Control of Urban Runoff implements the requirements of the Orange County Municipal NDPES Storm Water Permit (Order No. R8-2016-0001). All projects in the City are required to conform to the permit requirements, which includes installation of Best Management Practices (BMPs) in compliance with the NPDES permit, which establishes minimum stormwater management requirements and controls that are required to be implemented for the proposed Project. To reduce the potential for soil erosion and the loss of topsoil, a Stormwater Pollution Prevention Plan (SWPPP) is required by the Regional Water Quality Control Board (RWQCB) regulations to be developed by a QSD (Qualified SWPPP Developer). The SWPPP is required to address site-specific conditions related to specific grading and construction activities. With compliance with the City’s Municipal Code, RWQCB requirements, and the BMPs in the SWPPP that is required to be prepared to implement the proposed Project, construction impacts related to erosion and loss of topsoil would be less than significant. In addition, the proposed Project includes installation of landscaping, such that during operation of the Project substantial areas of loose topsoil that could erode would not exist. Also, the onsite drainage features that would be installed by the Project have been designed to slow, filter, and slowly discharge stormwater into the offsite drainage system, which would also reduce the potential for stormwater to erode topsoil during Project operations. Furthermore, implementation of the Project requires City approval of a site-specific Water Quality Management Plan (WQMP) (included as Appendix M to the Draft Supplemental EIR), which would ensure that the City’s Municipal Code, RWQCB requirements, and appropriate operational BMPs would be implemented to minimize or eliminate the potential for soil erosion or loss of topsoil to occur. As a result, potential impacts related to substantial soil erosion or loss of topsoil would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to erosion and the loss of topsoil would be less than significant (Draft Supplemental EIR at p. 5.4-11). E. Hazards and Hazardous Materials Impact Finding: The Project would not emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within 0.25 mile of an existing or proposed school (Draft Supplemental EIR at p. 5.6-25). Facts in Support of Findings: The Project site is located 0.5 mile west from the closest school, which is Taft Elementary School, located at 500 Keller Avenue, Santa Ana. Thus, the proposed Project would not be within one-quarter mile of an existing school (Draft Supplemental EIR at p. 5.6-25). Construction Project construction would involve the use and disposal of various hazardous materials. However, all storage, handling, use, and disposal of these materials are regulated by federal and state regulations that are implemented by the City of Santa Ana during construction permitting, such as those included as PPP HAZ-1 and PPP HAZ-2. In addition, Mitigation Measure HAZ-1 would ensure that contaminated soils are not released into the environment. Also, the hazardous materials would travel to and from the site from the I-405 freeway and South Bristol Street, which is not in the direction of the school facilities. The freeway is located to the south and the closest school is located City Council 22 – 61 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 17 CEQA Findings of Fact September 2024 to the east of the site. Thus, the hazardous materials handled during construction of the proposed Project would not travel past the school facilities and potential impacts to the schools related to transport of hazardous materials would not occur (Draft Supplemental EIR at pp. 5.6-25 through 5.6-16). Operation Operation of the proposed Project includes activities related to retail commercial, restaurant, and multi-family residential development, which generally uses common hazardous materials, including: solvents, cleaning agents, paints, pesticides, batteries, and aerosol cans. Normal routine use of these products pursuant to existing regulations would not result in a significant hazard to the environment or school facilities in the vicinity of the proposed Project. Therefore, operational impacts related to nearby schools would be less than significant (Draft Supplemental EIR at p. 5.6-26). Plans, Program and Policies: PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. PPP HAZ-2: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Impact Finding: The Project would not result in a safety hazard or excessive noise for people residing or working in the project area for a project located within an airport land use plan or, where such plan has not been adopted, be within 2 miles of a public airport use airport or public use airport (Draft Supplemental EIR at p. 5.6-27). Facts in Support of Findings: The John Wayne Airport (SNA) is located approximately 1.4 miles southeast of the Project site. The Project site is not located within SNA’s Airport Safety Zone, (as shown in Draft Supplemental EIR Figures 5.6-2 and 5.6-3) and is located outside of the airport’s 60 CNEL contours (as shown on Draft Supplemental EIR Figures 5.7-2 and 5.7-3). The Airport Environs Land Use Plan (AELUP) for John Wayne Airport shows that residential land uses outside of the 60 CNEL contour are “normally consistent”. However, the Project site is located within the AELUP Notification area for SNA and FAR Part 77 Notification Imaginary Surface area (shown on Draft Supplemental EIR Figure 5.6-1). City Council 22 – 62 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 18 CEQA Findings of Fact September 2024 The tallest point on the buildings would be approximately 285 feet above the existing ground level, which is approximately 30 feet above sea level. Thus, the top of the tallest point on the buildings would be approximately 315 feet above sea level. Because the Project site is located 1.4 miles northwest of SNA and is not within the Airport’s safety zone, the proposed Project would not result in a safety hazard. However, as shown on Figure 5.6-1, the Project site is located within the 200- foot-high imaginary surface area for SNA, and the proposed Project would extend to approximately 315 feet above sea level. Therefore, FAA notification for the proposed Project is required. In addition, the proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings, as shown in the Project elevations, included in Draft Supplemental EIR Chapter 3.0, Project Description. Therefore, the proposed Project would not generate substantial sources of glare. As described in Draft Supplemental EIR Section 5.1, Air Quality, operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. As described, dust emissions are regulated by AQMD requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard AQMD Rules listed in Draft Supplemental EIR Section 5.1, Air Quality. The proposed Project consists of residential and commercial uses that would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. The new residential and commercial uses on the site would use similar technology to those currently used on the site which do not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of the SNA would not occur. Due to the nature of the required City approvals (i.e., the proposed Specific Plan and zoning amendment), the City of Santa Ana, pursuant to Public Utilities Code Section 21676, sent the proposed Project to the ALUC for review for consistency with the AELUP. An ALUC hearing was held on July 20, 2023 and the Project was found to be inconsistent with the ALUC policies. However, in accordance with Public Utilities Code Section 21676(B), at the August 29, 2023 City Council Hearing, the City Council initiated the first step in the overrule process by providing notice to ALUC and the California Department of Transportation Division of Aeronautics of the City’s intention to overrule the ALUC’s determination by providing the agencies with a Notice of Intent at least 45 days in advance of the overruling action. The City of Santa Ana may override the ALUC determination by a two-thirds majority vote by the City Council at the City Council Hearing for the Project so long as the City Council make specific consistency findings in accordance with the Public Utilities Code Section 21670. The proposed Project would comply with this ALUC notification and all other applicable rules and regulations as they pertain to SNA and airport safety. Overall, because the proposed Project is not located within the SNA Airport Safety Zone or the SNA 60 CNEL noise contour; and it would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference, the proposed Project would not introduce a safety hazard associated with airport operations for people residing, working, and visiting the Project site. Thus, City Council 22 – 63 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 19 CEQA Findings of Fact September 2024 Project-related hazard and noise impacts associated with SNA operations would be less than significant (Draft Supplemental EIR at pp. 5.6-27 through 5.6-28). Impact Finding: The Project would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan (Draft Supplemental EIR at p. 5.6-28). Facts in Support of Findings: Construction The proposed construction activities, including equipment and supply staging and storage, would occur within and adjacent to the Project site and would not restrict access of emergency vehicles to the Project site or adjacent areas. The proposed Project includes construction of new driveways to the Project site, new sidewalks, and utility improvements and connections that would require the temporary closure of travel lanes, but full roadway closure and traffic detours are not expected to be necessary. Construction activities that may temporarily restrict vehicular traffic would be required to implement adequate measures to facilitate the safe passage of persons and vehicles through/around any required temporary road restrictions in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which requires that prior to any activity that would encroach into a right-of-way, the area of encroachment be safeguarded through the installation of safety devices that would be specified by the City’s Building and Safety Division during the construction permitting process to ensure that construction activities would not physically interfere with emergency access or evacuation. Therefore, implementation of the Project through the City’s permitting process would reduce potential construction related physical interference impacts to emergency access to a less than significant level (Draft Supplemental EIR at p. 5.6-28). Operation The Project would include vehicular access to the site from driveways along adjacent roadways. As described in Draft Supplemental EIR Section 5.13, Transportation, these driveways would provide adequate and safe circulation to, from, and through the Project site and would provide a variety of routes for emergency responders to access the Project site and surrounding areas. During operation of the Project, residents, employees, and commercial building tenants would be required to maintain adequate emergency access for emergency vehicles as required and verified by the City and the OCFA. Because the Project is required to comply with all applicable City codes, as verified by the City and OCFA, potential impacts related to emergency evacuation or emergency response plans would be less than significant (Draft Supplemental EIR at p. 5.6-28). F. Hydrology and Water Quality Impact Finding: The Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality (Draft Supplemental EIR at p. 5.7-10). City Council 22 – 64 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 20 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction Pollutants of concern during construction activities generally include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. Each of these pollutants on its own or in combination with other pollutants can have a detrimental effect on water quality. In addition, chemicals, liquid products, petroleum products (such as paints, solvents, and fuels), and concrete-related waste may be spilled or leaked during construction, which would have the potential to be transported via storm runoff into nearby receiving waters and eventually may affect surface or groundwater quality. During construction activities, excavated soil would be exposed, thereby increasing the potential for soil erosion and sedimentation to occur compared to existing conditions. In addition, during construction, vehicles and equipment are prone to tracking soil and/or spoil from work areas to paved roadways, which is another form of erosion that could affect water quality. However, the use of BMPs during construction implemented as part of a SWPPP as required by the NPDES General Construction Permit and included as PPP WQ-1 would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. As detailed in the Preliminary Geotechnical Investigation Report (Included as Appendix G to the Draft Supplemental EIR), the historic highest groundwater at the site has been mapped at a depth of about 5 feet bgs and groundwater in 2022 was encountered between depths of 12 feet and 16 feet bgs. If contaminated, release of dewatered groundwater to surface waters can introduce total dissolved solids to surface waters. If groundwater or perched groundwater is encountered during construction and groundwater dewatering is necessary, it would be completed in compliance with the Groundwater Discharge Permit, as specified PPP WQ-2. Compliance with the requirements of the Groundwater Discharge Permit would ensure impacts related to waste discharge requirements and water quality standards would be less than significant during dewatering activities, and no mitigation would be required (Draft Supplemental EIR at pp. 5.7-10 through 5.7-11). Operation The proposed Project includes operation of retail and restaurant commercial and multi-family residential uses. Potential pollutants associated with the proposed uses include various chemicals from cleaners, pathogens from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into surface waters, it could result in degradation of water quality. The Newport Back Bay, to which the Project site ultimately drains, is currently listed as impaired on the USEPA’s 303(d) list for various pollutants. Therefore, additional pollutant discharge could create new or exacerbate existing impairments within these waterbodies, which could result in a significant impact related to water quality. However, operation of the proposed Project would be required to comply with the requirements of the Santa Ana Regional MS4 Permit and Orange County DAMP to develop of a project-specific WQMP (included as PPP WQ-3) that would describe implementation of LID infrastructure and non- structural, structural, and source control and treatment control BMPs to protect surface water quality. City Council 22 – 65 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 21 CEQA Findings of Fact September 2024 In addition, the proposed Project would install a vegetated biotreatment system for water quality treatment, which have been sized to treat runoff from the Design Capture Storm (85th percentile, 24-hour) from the proposed Project. As storm water passes down through the planting soil, pollutants are filtered, adsorbed, biodegraded and sequestered by the soil and plants, functioning similar to bioretention systems. The discharge chamber at the end of the unit collects treated flows and discharges it into the existing and upsized storm drains. The WQMP (included as Appendix M to the Draft Supplemental EIR) is required to be approved prior to the issuance of a building or grading permit. The Project’s WQMP would be reviewed and approved by the City to ensure it complies with the Santa Ana RWQCB MS4 Permit regulations. Overall, implementation of the WQMP pursuant to the existing regulations would ensure that operation of the proposed Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and impacts would be less than significant (Draft Supplemental EIR at pp. 5.7-11 through 5.7-12). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Public Works Agency. The WQMP shall identify all Post-Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. City Council 22 – 66 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 22 CEQA Findings of Fact September 2024 Impact Finding: The Project would not substantially decrease groundwater supplies or interfere with groundwater recharge such that the Project may impede sustainable groundwater management of the basin (Draft Supplemental EIR at p. 5.7-12). Facts in Support of Findings: Construction Any groundwater dewatering would be temporary and limited to the excavation area. Because of the relative size of the Project site, as compared to the water basin, and the limited scope of excavation that would be deep enough to encroach into groundwater, the volume of groundwater removed would not be substantial and would not decrease groundwater supplies or impede groundwater management. The proposed Project would comply with the requirements of Groundwater Discharge Permit, including testing and treatment, if necessary, that would be implemented through the RWQCB and the City’s development permitting process (and included as PPP WQ-2). Thus, any dewatering activities during construction would result in less than significant impacts to groundwater (Draft Supplemental EIR at pp. 5.7-12 through 5.7-13). Operation The Orange County Basin provides approximately 76 percent of the City’s water supply. The remaining supply comes from the Metropolitan Water District (23 percent) and recycled water (1 percent) (UWMP 2020). As shown on Table 5.7-1 of the Draft Supplemental EIR, the City’s UWMP shows that the anticipated production of groundwater would remain steady from 2025 through 2045 and that in 2045 approximately 84.4 percent of supply would be from the Orange County Basin and 14.9 percent from imported/purchased sources. As detailed in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the supply of water would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City’s estimated needs, including the proposed Project. Therefore, the proposed Project would not result in changes to the projected groundwater pumping that would decrease groundwater supplies. Thus, impacts related to groundwater supplies would be less than significant. In addition, the onsite soils have a low infiltration rate and do not currently provide onsite infiltration. As such, infiltration of water to the existing groundwater basin is neither currently occurring, nor would occur by the proposed Project. Therefore, impacts related to interference with groundwater recharge would be less than significant (Draft Supplemental EIR at p. 5.7-13). Plans, Program and Policies: PPP WQ-2: Groundwater Dewatering Permits. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the area, including through the alteration of the course of a stream or river, in a manner which would result in a substantial erosion or siltation on- or off-site (Draft Supplemental EIR at p. 5.7-13). City Council 22 – 67 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 23 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction The existing NPDES Construction General Permit and Orange County DAMP require preparation and implementation of a SWPPP by a Qualified SWPPP Developer for the proposed construction activities (included as PPP WQ-1). The SWPPP is required to address site-specific conditions related to potential sources of sedimentation and erosion and would list the required BMPs that are necessary to reduce or eliminate the potential of erosion or alteration of a drainage pattern during construction activities to a less than significant level. In addition, a Qualified SWPPP Practitioner (QSP) is required to ensure compliance with the SWPPP through regular monitoring and visual inspections during construction activities. The SWPPP would be amended and BMPs revised, as determined necessary through field inspections, in order to protect against substantial soil erosion, the loss of topsoil, or alteration of the drainage pattern. Compliance with the Construction General Permit and a SWPPP prepared by a Qualified SWPPP Developer (QSD) and implemented by a QSP (per PPP WQ-1) would prevent construction-related impacts related to potential alteration of a drainage pattern or erosion from development activities. Overall, with implementation of the existing construction regulations that would be verified by the City during the permitting approval process, impacts related to alteration of an existing drainage pattern during construction that could result in substantial erosion, siltation, and increases in stormwater runoff would be less than significant (Draft Supplemental EIR at pp. 5.7-13 through 5.7- 14). Operation The Project-specific Preliminary WQMP describes that the Project site currently includes 37.02 acres of impermeable surfaces, which equates to 90 percent of the site. After completion of Project construction, the site would have a 4 percent reduction in impermeable surfaces (i.e., 35.37 acres or 86 percent of the site would have impermeable surfaces). The proposed Project would maintain the existing drainage pattern. The Project includes offsite storm drain improvements pursuant to the City’s Storm Drain Master Plan that involve replacing 2,230 lineal feet of the 54/60-inch storm drain with a 72-inch lateral in Sunflower Avenue and replacing a 42-inch lateral in Plaza drive with a 60-inch lateral. Treated runoff would be conveyed to the existing and upsized City of Santa Ana storm drains in the roadways adjacent to the site. From there, flows would travel to the Orange County Flood Control District Santa Ana – Gardens and then the Delhi Channel that drains to Newport Bay and the Pacific Ocean. The MS4 permit and DAMP require new development projects to prepare a WQMP (included as PPP WQ-3) that is required to include BMPs to reduce the potential of erosion and/or sedimentation through site design and structural treatment control BMPs. Overall, the proposed drainage system and adherence to the existing regulations would ensure that Project impacts related to alteration of a drainage pattern and erosion/siltation from operational activities would be less than significant (Draft Supplemental EIR at pp. 5.7-14 through 5.7-15). City Council 22 – 68 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 24 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. PPP WQ-3: WQMP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite (Draft Supplemental EIR at p. 5.7- 15). Facts in Support of Findings: Construction Implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site specific drainage issues related to construction of the Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to potential alteration of a drainage pattern or flooding on or offsite from development activities. Therefore, impacts would be less than significant (Draft Supplemental EIR at p. 5.7-15). Operation As described previously and detailed in Table 5.7-2 of the Draft Supplemental EIR, the proposed Project would result in a decrease of the 2-year, 24-hour storm runoff flowrate by 6.3 percent and the proposed Project would manage runoff with vegetated biotreatment systems that have been designed to accommodate the proposed Project design pursuant to the MS4 Permit and DAMP requirements. The units would filter, treat, and discharge runoff into the existing and upsized offsite storm drains. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the City permitting process would ensure that the drainage system specifications adhere to the existing MS4 Permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at pp. 5.7-15 through 5.7-16). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. City Council 22 – 69 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 25 CEQA Findings of Fact September 2024 PPP WQ-3: WQMP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (Draft Supplemental EIR at p. 5.7-16). Facts in Support of Findings: Construction Implementation of the Project requires a SWPPP (included as PPP WQ-1) that would address site specific pollutant and drainage issues related to construction of the Project and include BMPs to eliminate the potential of polluted runoff and increased runoff during construction activities. This includes regular monitoring and visual inspections during construction activities. Compliance with the Construction General Permit and a SWPPP prepared by a QSD and implemented by a QSP (per PPP WQ-1) as verified by the City through the construction permitting process would prevent construction-related impacts related to increases in runoff and pollution from development activities. Therefore, impacts would be less than significant. As part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the City’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the City permitting process would ensure that the drainage system specifications adhere to the existing MS4 Permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at p. 5.7-16). Operation The Project would manage increased stormwater flow with vegetated biotreatment systems that have been designed to accommodate the increased volume pursuant to the MS4 permit and DAMP requirements. The units would retain, filter, treat, and slowly discharge runoff into the existing offsite drain. Additionally, the City permitting process would ensure that the drainage system accommodates new flows and that specifications adhere to the existing MS4 permit and DAMP regulations, which would ensure that pollutants are removed prior to discharge. Overall, with compliance to the existing regulations as verified by the City’s permitting process, Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant (Draft Supplemental EIR at p. 5.7-17). Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. Impact Finding: The Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition City Council 22 – 70 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 26 CEQA Findings of Fact September 2024 of impervious surfaces, in a manner which would impede or redirect flood flows (Draft Supplemental EIR at p. 5.7-17). Facts in Support of Findings: The Project site does not include, and is not adjacent to, a stream or river. Implementation of the Project would not alter the course of a stream or river. In addition, according to the FEMA FIRM for the Project area (06059C0279J), the Project site is located within “Zone X,” which is an area determined to be outside of the 0.2 percent annual chance flood. Therefore, there is a low potential for onsite flooding to occur. Implementation of the proposed Project would result in a decrease of impermeable surfaces from 90 percent of the site to 86 percent of the site. The Project would maintain the existing drainage pattern; and drainage would be accommodated by onsite by vegetative biotreatment systems that have been sized to accommodate the DAMP required design storm. Therefore, the Project would not result in impeding or redirecting flood flows by the addition of the impervious surfaces. As detailed previously, the City’s permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit and DAMP regulations, and compliance with existing regulations would ensure that impacts would be less than significant (Draft Supplemental EIR at p. 5.7-17). Impact Finding: The Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (Draft Supplemental EIR at p. 5.7-18). Facts in Support of Findings: Use of BMPs during construction implemented as part of a SWPPP as required by the NPDES Construction General Permit and PPP WQ-1) and a RWQCB Groundwater Discharge Permit (implemented through PPP WQ-2) would serve to ensure that Project impacts related to construction activities resulting in a degradation of water quality would be less than significant. Thus, construction of the proposed Project would not conflict or obstruct implementation of a water quality control plan. Also, development projects are required to implement a WQMP (per the Regional MS4 Permit and PPP WQ-3) that would comply with the Orange County DAMP. The WQMP and applicable BMPs are verified as part of the City’s permitting approval process, and construction plans would be required to demonstrate compliance with these regulations. Therefore, operation of the proposed Project would not conflict of obstruct with a water quality control plan. In addition, the OCWD manages basin water supply through the Basin Production Percentage (BPP), such that, the anticipated production of groundwater would remain steady from 2025 through 2040 (as shown in Draft Supplemental EIR Table 5.8-1). As detailed in Draft Supplemental EIR Section 5.15, Utilities and Service Systems, the City’s supply of water listed in Draft Supplemental EIR Table 5.7-1 would be sufficient during both normal years and multiple dry year conditions between 2025 and 2045 to meet all of the City’s estimated needs, including the proposed Project. Therefore, the Project would be consistent with the groundwater management plan and would not conflict with or obstruct its implementation. Thus, impacts related to water quality control plan or sustainable groundwater management plan would be less than significant (Draft Supplemental EIR at p. 5.7- 18). City Council 22 – 71 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 27 CEQA Findings of Fact September 2024 Plans, Program and Policies: PPP WQ-1: NPDES/SWPPP. As listed previously. PPP WQ-2: Groundwater Dewatering Permits. PPP WQ-3: WQMP. As listed previously. G. Land Use and Planning Impact Finding: The Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect (Draft Supplemental EIR at p. 5.8-20). Facts in Support of Findings: 2020 RTP/SCS The 2020 RTP/SCS Goals that are relevant to the proposed Project focus largely on maximizing mobility, encouraging development patterns and densities that reduce infrastructure costs, and providing for efficiency. The proposed Project would be consistent with the applicable SCAG’s 2020 RTP/SCS goals, as detailed in Draft Supplemental EIR Table 5.8-1. Therefore, implementation of the proposed Project would not result in conflict with RTP/SCS goals, and impacts would not occur (Draft Supplemental EIR at pp. 5.8-20 through 5.8-23). JWA Airport Environs Land Use Plan SNA is located approximately 1.4 miles southeast of the Project site within the AELUP Notification area and FAR Part 77 Notification area for the airport, but outside of the airport’s 60 CNEL Contour. Draft Supplemental EIR Table 5.8-2 provides an assessment of the proposed Project’s consistency with the AELUP for SNA. As detailed, the AELUP identifies the proposed mix-use residential land uses as normally consistent. Thus, pursuant to the AELUP for JWA, impacts related to land use compatibility would not occur (Draft Supplemental EIR at pp. 5.8-23 through 5.8-25). General Plan Land Use Designation The Project site currently has a General Plan Land Use designation of District Center-High (DC-5), which has a maximum Floor Area Ratio (FAR) of 5.0, or 125 dwelling units per acre (du/ac) and a maximum height of 25 stories that allows up to 8,733,780 SF of mixed uses, inclusive of residential uses, within the Project site. The GPU Land Use Element also states that the DC-5 designation is for “Transit-oriented and high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses”. The proposed Project would implement the City’s GPU and the DC-5 land use designation for the Project site by removing the existing low intensity vehicle-oriented commercial development on the site and provide a new mixed-use development with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space that would provide pedestrian City Council 22 – 72 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 28 CEQA Findings of Fact September 2024 connectivity throughout the site. The proposed Project would result in a residential density of 91 du/ac and a non-residential FAR of 2.7, which is within the DC-5 allowable residential density of up to 125 du/ac and non-residential FAR of up to 5.0. The proposed Project would provide a mix of uses, including residential, retail, and commercial services, recreation, and entertainment. In addition, the Project site is located within a Transit Priority Area (TPA) and High Quality Transit Area, and is adjacent to six bus routes that provide connections to regional transit services. Thus, the proposed Project would implement, and would not conflict with, the General Plan land use designation for the site (Draft Supplemental EIR at pp. 5.8-25 through 5.8-26). GPU Focus Area The Project site is located within the GPU South Bristol Street Focus Area. The GPU Land Use Element states that the intent of the South Bristol Street Focus Area is to create opportunities to transform auto-oriented shopping plazas to walkable, bike-friendly, and transit-friendly urban villages that incorporate a mix of high intensity office and residential living with experiential commercial uses. The proposed Project would implement the intent of the South Bristol Street Focus Area by removing the existing low intensity auto-oriented shopping center on the site and provide a new mixed-use urban village with up to 3,750 multi-family residential units; up to 350,000 SF of commercial uses; a 250-room hotel; a senior living/continuum of care use with up to 200 units; and approximately 13.1 acres of common open space that would provide pedestrian connectivity throughout the site. The proposed Project would be transit-friendly because the site is within a TPA and a High Quality Transit Area, and adjacent to six OCTA bus routes that connect to regional transportation. Additionally, the proposed Project would install on and offsite pedestrian and bicycle facilities and would include onsite bicycle parking/lockers, etc. and therefore, would be bike friendly. The proposed Project would implement the intent and GPU vision for the South Bristol Street Focus Area. Impacts related to conflict with the GPU South Bristol Street Focus Area would not occur from implementation of the proposed Project. (Draft Supplemental EIR at p. 5.8-26). Land Use Consistency The areas surrounding the Project site are developed with residential, service, office, and commercial uses. Development of the site for multi-family residential, commercial (retail/restaurant/hotel), and open space uses would integrate into the adjacent areas. The proposed Project would provide housing proximate to local employment centers, commercial retail services and restaurants for onsite residents and employees working nearby. In addition, the proposed Project would provide onsite open space and recreation activities that would integrate into the existing communities around the site. The proposed Project would provide vehicular, bicycle, and pedestrian access and would provide circulation improvements to efficiently integrate into the land uses and circulation infrastructure of the area. Overall, the proposed Project would not result in a land use inconsistency. The proposed Project would implement a mix of uses, including multi-family residential, and would provide locational efficiency as it allows people to work, live, and obtain services within a small area, which has the potential to reduce VMT in comparison to residential development that is farther from employment and services. As described throughout this Supplemental EIR, with implementation of existing City Council 22 – 73 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 29 CEQA Findings of Fact September 2024 regulations, the proposed Project would not result in significant environmental impacts such as light, noise, or air quality to the adjacent existing and planned land uses. Therefore, impacts related to land use inconsistency would be less than significant (Draft Supplemental EIR at pp. 5.8-26 through 5.8-27). General Plan Goals, Policies, and Objectives A detailed analysis of the proposed Project’s consistency with the applicable goals, policies, and objectives of the City’s GPU that serve to avoid or mitigate environmental impacts is provided in Table 5.8-3 of the Draft Supplemental EIR. As described, the proposed Project would be consistent with the relevant goals, policies, and objectives of the City’s GPU that avoid or mitigate environmental impacts, and impacts related to conflict with a GPU policy related to an environmental effect would be less than significant (Draft Supplemental EIR at pp. 5.8-27 through 5.8-43). Zoning Designation The existing zoning of the Project site is General Commercial (C-2) north of Callen’s Common, and Commercial Residential (CR) and General Commercial (C-2) south of Callen’s Common, as shown on Figure 3-5, Existing Zoning, in Chapter 3.0, Project Description of the Draft Supplemental EIR. As listed previously, the C-2 zone is designated for general commercial uses that include: wholesale, automotive garages, retail, etc. Structures in the C-2 zone are limited to 35 feet in height, and 15- foot-wide yards are required adjacent to arterial streets, such as Sunflower Avenue and Bristol Street. The C-R zone is designated to integrate commercial and residential land uses that include retail and services, professional offices, one-family and multi-family dwellings, etc. with landscaped setbacks. The proposed SP zoning of the site would implement the GPU objectives for the South Bristol Street Focus Area, pursuant to the DC-5 General Plan land use designation. The proposed Specific Plan includes design guidelines for the non-auto oriented urban scale development that address site layout, building scaling and massing, building entry design, vehicle and pedestrian circulation, parking and loading area requirements, landscaping design requirements, and more. Because the proposed SP zoning would implement the existing land use designation and GPU vision for the South Bristol Street Focus Area, impacts related to conflict with a land use plan, policy, or program would not occur from implementation of the proposed Project (Draft Supplemental EIR at p. 5.8- 43). Regulations Governing Scenic Quality The proposed Specific Plan includes design guidelines that would govern scenic quality on the Project site pursuant to the DC-5 land use designation and objectives for the South Bristol Street Focus Area. Visual corridors would be protected through compliance with the proposed Specific Plan guidelines which require building setbacks from public view corridors, including a 20-foot average setback from South Bristol Street; a 15-foot average setback from MacArthur Boulevard, Sunflower Avenue, and South Plaza Drive; and a 12-foot average setback from Callen’s Common, which are measured from the front of curb. Setbacks would be landscaped. Varying building setbacks and materials, along with landscaping as required by the Specific Plan design guidelines, City Council 22 – 74 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 30 CEQA Findings of Fact September 2024 would implement the GPU policies governing scenic quality. Table 5.8-4 of the Draft Supplemental EIR describes the proposed Project’s consistency with the relevant GPU goals and policies regarding aesthetics. As detailed, the proposed Project would be consistent with and implement the GPU policies through the design guidelines that are included in the proposed Specific Plan (Draft Supplemental EIR at pp. 5.8-43 through 5.8-48). H. Noise Impact Finding: The Project would not generate excessive groundborne vibration or groundborne noise levels (Draft Supplemental EIR at p. 5.9-30). Facts in Support of Findings: Construction Demolition, excavation, and grading activities are required for the Project and can result in varying degrees of groundborne vibration, depending on the equipment and methods used, distance to the affected structures and soil type. As indicated in Table 5.9-18 of the Draft Supplemental EIR, based on FTA data, vibration velocities from typical heavy construction equipment operations that would be used during Project construction range from 0.003 to 0.089 in/sec PPV at 25 feet from the source of activity; and would range from 0.0011 to 0.0315 in/sec PPV at 50 feet from the source of activity. All of the onsite and offsite receptors are farther than 25 feet from construction areas; and therefore, actual vibrations at sensitive receptors would be less. These vibration levels would not be sustained during the entire construction period but would occur only during the times that heavy construction equipment is operating in the vicinity of the sensitive receivers. This level of vibration would be below the Caltrans building damage threshold of 0.2 in/sec PPV and vibration standard of 0.04 in/sec PPV for human annoyance at all receiver locations. Therefore, vibration impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-30 through 5.9-31). Operation Operation of the proposed commercial and multi-family uses would include heavy trucks for residents moving in and out of the rental units, product deliveries to retail and restaurant uses, and garbage trucks for solid waste disposal. Truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for the heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. The operational vibration impacts that would be generated by the proposed Project would be less than those identified by the GPU FEIR, which were determined to be significant and unavoidable. Therefore, operational vibration impacts related to the proposed Project would not exceed those previously identified (Draft Supplemental EIR at p. 5.9-31). Impact Finding: The Project would not expose people residing or working in the Project area to excessive airport noise related to a public airport (Draft Supplemental EIR at p. 5.9-31). City Council 22 – 75 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 31 CEQA Findings of Fact September 2024 Facts in Support of Findings: The exterior noise thresholds outlined in the AELUP, multi-family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level above 65 dBA CNEL. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. As shown on Draft Supplemental EIR Figures 5.6-2 and 5.6-3, the Project site is located outside the airport’s planned and actual (2019) 60 dBA CNEL aircraft noise level contour boundaries of SNA. Therefore, according to the AELUP, the Project residential and commercial retail land use is considered normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. Also, the airport-related noise at the Project site does not exceed the City’s municipal code permissible noise levels. Additionally, the County’s General Aviation Noise Ordinance prohibits commercial aircraft departures between the hours of 10:00 p.m. and 7:00 a.m. and arrivals between the hours of 11:00 p.m. and 7:00 a.m. These restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. Overall, the Project site would not be exposed to excessive noise levels from airport operations, and therefore, impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-31 through 5.9-32). I. Population and Housing Impact Finding: The Project would not induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) (Draft Supplemental EIR at p. 5.10-8). Facts in Support of Findings: Housing and Population Growth Draft Supplemental EIR Table 5.10-8 shows that at full occupancy the Project would house approximately 9,238 residents. As shown in Draft Supplemental EIR Table 5.10-6, the buildout population of the South Bristol Street Focus Area was identified as 19,176 persons. Therefore, the Project buildout of 9,238 residents would be 48 percent of the GPU FEIR buildout for the South Bristol Street Focus Area, and population growth from the proposed Project would not exceed the growth identified in the GPU Final EIR. Therefore, the proposed Project would not induce substantial unplanned direct growth in the area, and impacts related to housing and population growth would be less than significant (Draft Supplemental EIR at p. 5.10-8). Employment Growth The proposed site redevelopment would also include 350,000 SF of commercial space and 250 hotel rooms, which would not exceed the increase of 3,505,130 SF of non-residential space that was planned for the South Bristol Street Focus Area by the GPU. In addition, employees would be needed associated with the proposed mix of uses, including the senior/continuum of care units. The proposed Project would result in a total of 1,092 employees at buildout and full occupancy, as shown in Draft Supplemental EIR Table 5.10-9. These employees would consist of approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed City Council 22 – 76 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 32 CEQA Findings of Fact September 2024 the growth identified in the GPU Final EIR, and impacts related to employment growth would be less than significant (Draft Supplemental EIR at p. 5.10-9). Job Housing Balance The City of Santa Ana is jobs rich, with an existing jobs-housing ratio of 2.0. The proposed Project would reduce (improve) the jobs-housing ratio slightly by adding 1,092 jobs and 3,750 residential units (a ratio of 0.29 jobs per non-senior residential unit). The proposed Project would provide a regional beneficial effect of providing multi-family housing on the Project site in a jobs-rich area, where employees can easily travel to nearby employment opportunities. In addition, because the area is jobs-rich, the addition of residential units in the area would not require additional jobs that could result in growth. Conversely, the new residents would fill the need for employees that are anticipated by SCAG projections. Thus, the additional residential units would not indirectly result in the need for additional employment opportunities, which could result in growth. Therefore, this indirect impact related to growth would be less than significant. The proposed Project is located in Transit Priority Area and is in close proximity to existing transportation infrastructure that provides mobility for residents to employment opportunities within the region. The Project site is 0.5 mile from I-405, which is easily accessible via an interchange at Bristol Street. As detailed in Section 5.13, Transportation, the Orange County Transportation Agency operates seven bus routes with bus stops adjacent to the Project site. In addition, the Project site is bound by sidewalks on Bristol Street, MacArthur Boulevard, South Plaza Drive, and Sunflower Avenue; and the proposed Project would install new onsite and offsite pedestrian and bicycle facilities, which would connect to other existing pedestrian and bicycle facilities. The residents and employees of the proposed Project would have convenient access to sustainable multimodal transportation that would allow for walking, biking, and the use of existing transit, which could reduce vehicular trips and the related effects (such as traffic, air quality, greenhouse gas emissions, and noise impacts). Thus, the improved jobs-housing ratio would be an indirect physical benefit of the proposed Project (Draft Supplemental EIR at pp. 5.10-9 through 5.10-10). Infrastructure The Project site is adjacent to existing roadways that would not be extended or upsized to serve the proposed Project. Although the proposed Project includes roadway improvements, they are related to installing ingress/egress to the proposed uses on the Project site and providing a multi- modal circulation system by enhancing pedestrian and bicycle facilities. These roadway improvements would provide for efficient and multi-modal circulation to, from, and within the Project site and would not provide additional roadways or roadway capacity that could indirectly induce substantial unplanned growth in the area. As described in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the proposed Project would install a new onsite water infrastructure system that would connect to water pipelines adjacent to the site. The onsite improvements include construction of a new 12-inch water line in Bristol Paseo and replacement of the existing 12-inch water line in Callen’s Common with a new 12-inch main and connection of the new onsite infrastructure to the replacement line. The City Council 22 – 77 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 33 CEQA Findings of Fact September 2024 proposed Project also includes offsite infrastructure improvements that would replace an approximately 600-foot section of the existing 12-inch water main located at the northerly portion of Plaza Drive (immediately south of MacArthur Boulevard). The proposed Project would install a new onsite sewer system that would connect to the existing 78-inch Orange County Sanitation District (OCSD) sewer main in Sunflower Avenue As detailed in Section 5.15, Utilities and Service Systems of the Draft Supplemental EIR, the proposed Project would install a storm drain system within the onsite roadways to convey the stormwater to proposed vegetated biotreatment systems on the site and then to the existing or upgraded City storm drain systems in MacArthur Boulevard, South Plaza Drive, Sunflower Avenue, and Bristol Street. The proposed Project would upgrade the existing 54-inch reinforced concrete pipe (RCP) in Sunflower Avenue to a 72-inch RCP for 2,230 linear feet and the existing 42-inch RCP in South Plaza Drive to a 60-inch RCP for 320 linear feet; however, these upgrades would replace existing storm drain lines and are to accommodate existing stormwater volumes. As such, the proposed Project would connect to existing or upgraded storm drain infrastructure and would not result in the expansion of storm drainage facilities in a manner which could accommodate substantial unplanned growth in the area. The Project site is currently being served by the existing natural gas and electric infrastructure that is adjacent to the site. The proposed Project would install new gas and electric infrastructure onsite that would connect to the existing natural gas and electric facilities that are in the adjacent roadway easements and are provided by Southern California Gas and Southern California Electric, respectively. The gas and electric infrastructure do not require extensions or capacity enhancements that could indirectly induce substantial unplanned growth in the area. Furthermore, no infrastructure would be extended or expanded to serve areas beyond the Project site, and indirect impacts related to the extension of infrastructure would not occur from implementation of the proposed Project. Overall, the proposed Project would not result in an increase in inducement of population growth beyond that identified by the GPU FEIR that would have the potential to create a significant physical change to the environment. As a result, impacts from buildout of the proposed Project would be less than significant and less than those identified in the GPU FEIR, which were determined to be significant and unavoidable (Draft Supplemental EIR at pp. 5.10-10 through 5.10-11). J. Public Services Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered fire service facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for fire protection services (Draft Supplemental EIR at p. 5.11-5). Facts in Support of Findings: The proposed Project would remove the existing 16 commercial buildings and develop 3,750 multi-family residences, 200 senior/continuum of care units, 250 hotel rooms, and 350,000 SF of new commercial uses. The proposed Project would result in 9,238 residents and 1,092 employees at full occupancy. This residential and employee population is expected to create the typical range of service calls to OCFA that are largely related to medical emergencies. City Council 22 – 78 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 34 CEQA Findings of Fact September 2024 The Project site is within 4 miles of 6 existing fire stations and the Project site is within a developed area that is currently served by these stations. The two nearest serving stations (Station 76 and 77) are slightly under and slightly over the response time standard 90th percentile of 8:30 minutes. The calls for service from the additional population at the Project site could result in an increase in response times, and result in Station 76 exceeding the existing standards for service or result in Station 77 further exceeding the existing standards for service, if the calls coincide with other calls for service. However, fire protection equipment and staffing can be augmented by the City as needed (with assistance from revenue provided by the proposed Project and the fire facilities fee required per Chapter 8-46 of the Municipal Code) to expand fire protection and emergency medical staffing and equipment provided from existing stations and better accommodate simultaneous service calls. Chapter 8-46 of the Santa Ana Municipal Code requires a fire facilities fee be paid prior to the issuance of building permit for construction of buildings exceeding two stories in height, such as the buildings included in the proposed Project. The purpose of the fire facilities fee is to improve fire stations in the City and provide revenue for equipment needed to fight fires in buildings over two stories in height. The proposed Project would be required to pay a fire facilities fee to fund the improvement of existing fire facilities and provision of any needed equipment. Additionally, the proposed Project would remove the existing buildings, which were constructed pursuant to fire code standards of the early 1970s and 1980s and develop new building structures pursuant to the most recent California building and fire codes, which would improve the fire safety of the Project site compared to the existing buildings. California’s building/fire codes are published in their entirety every three years and were most recently updated in 2022. As all projects within the City, the proposed Project would be required per City permitting to comply with existing regulations, including the Santa Ana Fire Code and the OCFA Fire Prevention Guideline B-09, Fire Master Plans for Commercial and Residential Development. Overall, with the six existing fire stations within approximately 4 miles of the Project site, and the first and second responding stations 0.5 mile and 2.2 miles from the proposed Project, the area has adequate nearby fire facilities to serve the proposed Project in addition to the existing service needs of the area; and construction of a new or expanded fire station would not be required as a result of the proposed Project. As provided by the OCFA 2022 Statistical Annual Report, OCFA fire stations responded to 30,604 incidents resulting in 40,244-unit responses. Of the calls for service, 75 percent (22,835) were for emergency medical calls, 2 percent (734) were for fire incidents, and 23 percent (7,035) were for other incidents, which includes: cancelled service calls, ruptures, hazardous conditions, false alarms, and miscellaneous calls. Thus, the proposed Project would not result in substantial adverse physical impacts associated with the provision of, or the need for, new or physically altered fire protection facilities. Also, existing fire protection facilities, equipment, and staffing could be augmented as needed, as disclosed within the GPU FEIR (with assistance from revenue provided by the proposed Project and the fire facilities fee required prior to the issuance of building permits per Chapter 8-46 of the Municipal Code) to expand fire protection and emergency medical staffing and equipment provided from existing stations as the stations have capacity for additional staffing. Therefore, impacts related to fire protection services would be less than significant and consistent with those identified in the GPU FEIR, which determined City Council 22 – 79 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 35 CEQA Findings of Fact September 2024 that impacts related to fire protection services would be less than significant (Draft Supplemental EIR at pp. 5.11-5 through 5.11-6). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered police service facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios and response times or other performance objectives for police services (Draft Supplemental EIR at p. 5.11-12). Facts in Support of Findings: The proposed Project includes development of an administrative Police Department substation (no transfers or bookings) to be located within the commercial use area. The proposed Police Department substation would provide space for the expansion of policing services in the southern portion of the City including the ability to quickly respond to emergency calls from within the Project site. The construction and operational activities related to the new police substation are included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout this Draft Supplemental EIR. For example, an analysis of construction emissions from building the new substation is included in Sections 5.1, Air Quality, and 5.5, Greenhouse Gas Emissions of the Draft Supplemental EIR. The proposed Project would result in an incremental increase in demands on law enforcement services but would not be significant when compared to the current demand levels. As described previously, the residential population of the Project site at full occupancy would be approximately 9,238 residents. Based on the Police Department’s 2022 staffing ratio of 0.98 officers per thousand population, at buildout, the proposed Project would require 9 additional officers. These new officers would be added to the Police Department staffing and would be accommodated by the proposed administrative Police Department substation because not all 9 would work at the same time, with staggered shifts in the field and on patrol. With the additional staffing and onsite proposed administrative Police Department substation, law enforcement personnel are anticipated to be able to respond in a timely manner to emergency calls within the Project site. Because the addition of 9 additional officers, based on Project buildout assumptions, could be accommodated by the proposed administrative Police Department substation and also other existing City policing facilities, the proposed Project would not result in the requirement to construct any other new facilities or expand any of the City’s existing policing facilities. Therefore, because the proposed Project incorporates a new substation as part of the proposed Project, the construction of which is analyzed in conjunction with the proposed Project, the proposed Project would not result in the need for additional new or physically altered police protection facilities offsite. The proposed substation is analyzed as part of the proposed Project and would not result in any substantial impacts beyond those identified in the Draft Supplemental EIR associated with the construction and operation of the proposed Project. As such proposed Project impacts would be consistent with those identified as part of the GPU FEIR, which determined that impacts related to police protection services would be less than significant (Draft Supplemental EIR at pp. 5.11-12 through 5.11-13). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered school facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.11-16). City Council 22 – 80 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 36 CEQA Findings of Fact September 2024 Facts in Support of Findings: The proposed Project would develop 3,750 multi-family apartments, which would provide housing for families that have school children. As detailed in Draft Supplemental EIR Table 5.11-5, the proposed Project would result in 1,678 students at full occupancy. As shown in Draft Supplemental EIR Table 5.11-6, at buildout of the proposed Project, Jefferson Elementary School and Segerstrom High School may be over-capacity and additional or expanded facilities may be needed. However, the Santa Ana Unified School District Facilities Master Plan identifies that Jefferson Elementary School is planned for addition of a new two-story classroom building with 13,560 SF and 12 teaching stations; and Segerstrom High School is planned for a new 12,035 SF career technical education classroom building. These planned school facilities would assist in meeting future student capacity needs. In addition, the need for additional school facilities is addressed through compliance with school impact fee assessment. The existing Santa Ana Unified School District development impact fee is $4.08 per square foot for all new residential development, and $0.66 per square foot for new commercial development. Pursuant to Government Code Section 65995 applicants shall pay developer fees to the appropriate school districts at the time building permits are issued; and payment of the adopted fees provides full and complete mitigation of school impacts. As a result, impacts related to school facilities would be less than significant, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.11-16 through 5.11-17). Impact Finding: The Project would not result in substantial adverse physical impacts associated with the provision of new or physically altered library facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.11-20). Facts in Support of Findings: The proposed Project would develop 3,750 multi-family apartments, and a senior living/continuum of care use with up to 200 units, and a hotel with up to 250 rooms. Project buildout would result in approximately 9,238 additional residents, which would increase the demand for library services in the City. However, library use has declined due to the availability of online library materials and may continue to decline as the information available on the Internet increases exponentially over time (American Enterprise Institute [AEI], 2022). Property tax revenue generated by the proposed Project, as well as future and existing development, would contribute municipal funding that could be used by the City to construct future library facilities. However, the decision to construct any such facilities and the nature of any construction would be within the discretion of the City, as the entity responsible for such construction and operation of the library. As the proposed Project would be developed consistent with the buildout assumption for the site pursuant to the GPU, impacts to library services would be consistent with those identified within the GPU FEIR. Therefore, impacts to library services would be less than significant (Draft Supplemental EIR at p. 5.11-20). City Council 22 – 81 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 37 CEQA Findings of Fact September 2024 K. Transportation Impact Finding: The Project would not conflict with a program, plan or ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. (Draft Supplemental EIR p. 5.13-10). Facts in Support of Findings: As detailed in Table 5.13-3 of the Draft Supplemental EIR, Phase 1 of the proposed Project is forecast to generate 4,167 “net” daily trips, with 545 “net” trips in the AM peak hour and 359 “net” trips in the PM peak hour. Phase 2 of the proposed Project is forecast to generate 3,241 “net” daily trips, with 293 “net” trips in the AM peak hour and 271 “net” trips in the PM peak hour. Phase 3 of the proposed Project is forecast to generate 80 fewer “net” daily trips, with 381 “net” trips in the AM peak hour and 58 “net” trips in the PM peak hour. Operation of all three Phases at buildout of the proposed Project is anticipated to generate 7,328 net daily trips, including 1,219 AM peak hour and 688 PM peak hour trips (Draft Supplemental EIR pp. 5.13- 10 through 5.13-11). Roadway The proposed Project would continue to provide vehicular access to the site from the adjacent roadways, but would provide new driveways: five unsignalized right-turn only driveways and one signalized driveway along South Plaza Drive, two unsignalized right-turn only driveways along MacArthur Boulevard, three unsignalized right-turn only driveways along Bristol Street (one of which would be truck driveway), two signalized driveways on Bristol Street, and two unsignalized right- turn only driveways and one signalized driveway along Sunflower Avenue. In addition, the proposed Project would provide pedestrian and bicycle access to and through the site from installation of new and/or reconstructed landscaped sidewalks, the internal Greenlink pedestrian circulation, and Class IV bike lanes on Bristol Street, MacArthur Boulevard, and Sunflower Avenue along the Project site frontage. As shown on Figure 3-12 of the Draft Supplemental EIR, Proposed Circulation Plan, the Related Bristol Specific Plan identifies multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site. Thus, a conflict with a program, plan, or policy related to roadway circulation would be less than significant (Draft Supplemental EIR pp. 5.13-11 through 5.13-13). Transit Facilities The Project site is located within a TPA and a high-quality transit corridor and is served by OCTA Routes 55, 57, 76, 86, 150, and 553. These existing transit services would continue to serve the ridership in the area and would serve residents, employees, and visitors of the Project site. The proposed Project would not alter or conflict with existing transit stops and schedules, and impacts related to transit services would not occur (Draft Supplemental EIR p. 5.13-13). Bicycle Facilities As detailed previously, Bristol Street has Class II bike lanes. The Related Bristol Specific Plan includes installation of a Class IV bike lane on Bristol Street, MacArthur Boulevard, and Sunflower Avenue City Council 22 – 82 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 38 CEQA Findings of Fact September 2024 with a median buffer. Therefore, the proposed Project would enhance existing bicycle facilities within the Project vicinity. Implementation of the proposed Project would not conflict with existing or planned bike lanes or bicycle transportation. Thus, impacts related to bicycle facilities would not occur (Draft Supplemental EIR p. 5.13-13). Pedestrian Facilities Implementation of the Specific Plan would include roadway improvements within the Project site that would provide for new sidewalks where none exist currently or provide for sidewalk improvements, thereby improving pedestrian facilities and the sidewalk network. The proposed Project would also provide sidewalks throughout the Project site that would connect the different onsite uses. Therefore, the proposed Specific Plan would not conflict with pedestrian facilities, but instead would expand and provide additional facilities. Overall, impacts related to transit, bicycle, and pedestrian facilities would be less than significant. The GPU FEIR determined that growth under the GPU and improvements to the circulation system with buildout of the GPU would result in no conflicts with related policies, plans, and programs. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR p. 5.13-13). Impact Finding: The Project would not conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b) (Draft Supplemental EIR p. 5.13-21). Facts in Support of Findings: As shown on Draft Supplemental EIR Figure 5.13-2, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA Routes, including Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. In addition, as shown on Draft Supplemental EIR Figure 5.13-3, SCAG identifies that the Project site is within a High-Quality Transit Area. Consistent with general guidance from OPR, and CEQA Guidelines Section 15064.3(b)(1), a project that is located within a TPA or a High Quality Transit Area is presumed to have a less than significant impact related to VMT. Additionally, the proposed Project is consistent with the land uses in the RTP/SCS, which assumed the site would be constructed as an urban, mixed-use development that would reduce area VMT, consistent with the TPA designation. The Project site is within an identified Priority Growth Area pursuant to the 2020-2045 RTP/SCS based on its location within a SCAG High Quality Transit Area. The Project proposes land uses consistent with those permitted by the GPU, which is consistent with the land uses assumed for the Project site as part of the RTP/SCS. In addition, as shown in Draft Supplemental EIR Table 5.8-1, the proposed Project would be consistent with the policies set forth in the RTP/SCS. Therefore, as the proposed Project is located within both a TPA and a High-Quality Transit Area and would be developed consistent with the SCAG RTP/SCS, the proposed Project would meet this screening threshold; and impacts would be less than significant. Overall, pursuant to the City’s VMT screening criteria and guidance from OPR and CEQA Guidelines Section 15064.3(b)(1), based on the site’s location within a High-Quality Transit Area and a TPA City Council 22 – 83 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 39 CEQA Findings of Fact September 2024 with proximity to a high-quality bus stop on Route 57, as well as the site’s urban, mixed-uses consistent with the RTP/SCS, the proposed Project would result in less than significant impacts related to VMT. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which determined that the infill and redevelopment pursuant to the GPU land use plan would result in less than significant impacts related to VMT (Draft Supplemental EIR pp. 5.13-21 through 5.13-22). Impact Finding: The Project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) (Draft Supplemental EIR at p. 5.13-22). Facts in Support of Findings: Construction During construction, construction barriers and fencing would separate the operational and construction areas of the site; and construction vehicles would have separate driveway entrances and circulation patterns that would be specified by the City’s Building Safety Division in construction permitting pursuant to California fire, access, and safety code requirements to avoid incompatible uses. Also, construction worker vehicles, haul trucks, and vendor trucks, would be staged on the portion of the Project site under construction for the duration of the construction period. As part of the grading plan and building plan review processes, City permits would require appropriate permitting requirements to facilitate the passage of persons and vehicles through/around any required road closures and measures to properly route heavy-duty construction vehicles entering and leaving the site (as applicable). As a result, impacts related to vehicular circulation design features and incompatible uses during construction of the proposed Project would be less than significant. Therefore, proposed Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at p. 5.13-22). Operation The roadway improvements, restriping, and related street, and bikeway improvements of Bristol Street, MacArthur Boulevard, and Sunflower Avenue that are part of the Project would be conducted in conformance with City design standards. Compliance with existing regulations would be ensured through the City’s traffic engineering review and construction permitting process. Further, the proposed Project’s commercial and residential mixed uses with roadways, sidewalks, and bicycle routes would be similar to surrounding uses and would not result in incompatible vehicular uses that could increase hazards. A driveway is designated for truck deliveries, which would reduce the potential for incompatible vehicle uses between trucks and resident or visitor passenger vehicles onsite during operation. As a result, impacts related to hazardous vehicular circulation design features and incompatible uses during operation of the proposed Project would be less than significant. Therefore, Project impacts would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at pp. 5.13-22 through 5.13-23). City Council 22 – 84 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 40 CEQA Findings of Fact September 2024 Impact Finding: The Project would not result in inadequate emergency access (Draft Supplemental EIR at p. 5.13-23). Facts in Support of Findings: Construction During construction activities, the proposed Project could result in incompatible uses in relation to conflict between passenger vehicles from site operations and construction vehicles, such as haul trucks and vendor trucks. However, construction barriers and fencing would separate the operational and construction areas of the site; and construction vehicles would have separate driveway entrances and circulation patterns that would be specified by the City’s Building Safety Division in construction permitting pursuant to California fire, access, and safety code requirements. The roadway improvements and installation of driveways that would be implemented during construction of the proposed Project could require the temporary closure of travel lanes, but full roadway closure and traffic detours are not expected to be necessary. Also the construction activities would be required to implement measures to facilitate the passage of persons and vehicles through/around any required temporary road restrictions and ensure the safety of passage in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9) and the City of Santa Ana Fire Code, included as Municipal Code Chapter 14, which would be ensured through the City’s construction permitting process. Thus, implementation of the proposed Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction related emergency access impacts to a less than significant level. Therefore, Project impacts related to emergency access during construction would be consistent with those identified in the GPU FEIR, which were determined to be less than significant (Draft Supplemental EIR at pp. 5.13-23 through 5.13-24). Operation As described previously, the Project driveways would provide adequate and safe circulation to and from the Project site and would provide several routes for emergency responders to access different portions of the Project site and surrounding areas. The City’s development and permitting review process would ensure that all access and circulation to and through the site would meet California Fire Code Requirements included as Municipal Code Chapter 14. Because the proposed Project is required to comply with all applicable City codes, as verified by the City and OCFA, potential impacts related to inadequate emergency access would be less than significant. Therefore, Project impacts related to emergency access would be consistent with those identified in the GPU FEIR, which were determined to be less than significant pursuant to compliance with existing regulations (Draft Supplemental EIR at p. 5.13-24). L. Utilities and Service Systems Impact Finding: The Project would not require or result in the relocation or construction of new water facilities, or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-10). City Council 22 – 85 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 41 CEQA Findings of Fact September 2024 Facts in Support of Findings: The proposed Project would install a new onsite water infrastructure system that would connect to water mains adjacent to the site. The proposed Project also includes offsite infrastructure improvements that would replace a portion of the 12-inch water main in South Plaza Drive from MacArthur Boulevard to Sunflower Ave with a 12-inch water main. The new onsite and new offsite water infrastructure would convey water supplies to the proposed residences, commercial uses, and landscaping through plumbing/landscaping fixtures that would be compliant with the Title 24/CALGreen Plumbing Code for efficient use of water, which would be ensured through the City’s development permitting process. The proposed Project would continue to receive water supplies through the existing and improved water mains that are adjacent and near the site. This is consistent with the GPU FEIR findings that the City’s water distribution system is hydraulically sound, but that due to the age and capacity of the existing water infrastructure, water main replacements would be required. Overall, the installation of new water infrastructure and improvements to offsite aged infrastructure is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout the Draft Supplemental EIR. For example, analysis of construction emissions for excavation and installation of the water infrastructure is included in Sections 5.1, Air Quality, and 5.5, Greenhouse Gas Emissions, and noise related to construction activities is included in Section 5.9, Noise of the Draft Supplemental EIR. Therefore, impacts related to water infrastructure would be less than significant. This is consistent with the GPU FEIR, which determined that through its planning and CIP mechanisms, the City would provide improvements to aged infrastructure to have adequate capacity for the proposed increases in water flows from buildout of the GPU, including those from buildout of the South Bristol Street Focus Area, and that impacts would be less than significant (Draft Supplemental EIR at pp. 5.15-10 through 5.15-11). Impact Finding: The City would have sufficient water supplies available to serve the project and reasonably foreseeable development during normal, dry, and multiple dry years (Draft Supplemental EIR at p. 5.15-11). Facts in Support of Findings: As shown in Draft Supplemental EIR Table 5.15-6, the proposed Project would result in a total demand of 929 AFY at full occupancy, which would be a 899 AFY increase in comparison to the water demand from the existing uses. This volume of water supply was accounted for in the City’s 2015 UWMP (as determined by the GPU FEIR). Additionally, as detailed previously in Table 5.15-5, the City has an additional supply of 5,500 to 6,500 AFY beyond that anticipated to be needed by the 2020 UWMP projections. Therefore, the City would have sufficient water supplies available. Because the proposed Project would result in an increase in demand for water supplies that has been accounted for within previous City water supply planning, and separately verified through a Project specific WSA, the City would have adequate water supplies available to serve the proposed Project, and impacts would be less than significant. Therefore, impacts related to water supplies from the proposed Project are consistent with the findings of the GPU FEIR, which determined that water demand increases as a result of the GPU are within the planned supplies from the City, OCWD, and MWD during normal-dry and multiple- City Council 22 – 86 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 42 CEQA Findings of Fact September 2024 dry year scenarios, and that impacts would be less than significant (Draft Supplemental EIR at p. 5.15-11). Impact Finding: The Project would not require or result in the relocation or construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-15). Facts in Support of Findings: The proposed Project would install a new onsite sewer system that would connect directly to the 78-inch OCSD sewer main in Sunflower Avenue. Based on results of the Sewer Analysis Report (included as Appendix Q to the Draft Supplemental EIR), the proposed Project would install a new onsite sewer system that would connect to the existing 78-inch OCSD sewer main within the Sunflower Avenue right-of-way. The Sewer Analysis Report determined that the Sunflower Avenue OCSD sewer main has a maximum capacity of 96.8 cfs and has adequate capacity to accommodate the additional wastewater flows from the proposed Project. The construction activities related to the new onsite sewer system and connection to the existing 78- inch OCSD sewer main is included as part of the proposed Project and would not result in any physical environmental effects beyond those identified throughout the Draft Supplemental EIR. As the proposed Project includes facilities to serve the Project, it would not result in the need for construction of other new wastewater facilities or expansions, the construction of which could cause significant environmental effects. Therefore, impacts would be less than significant. This determination is consistent with that of the GPU FEIR, which determined that increases in wastewater from buildout of the South Bristol Street Focus Area increases would be accommodated by the OCSD trunk sewer mains that are proximate to the area, and that impacts related to sewer infrastructure would be less than significant (Draft Supplemental EIR at p. 5.15-15). Impact Finding: The Project would not result in a determination by the wastewater treatment provider that would serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments (Draft Supplemental EIR at p. 5.15-15). Facts in Support of Findings: The Orange County Sanitation District (OCSD) Reclamation Plant No. 1 has an additional capacity of 52 mgd, which would accommodate the increase in wastewater flow from full occupancy of the proposed Project that would generate 762,241 gpd (0.76 mgd). As a result, implementation of the proposed Project would not result in inadequate capacity of the wastewater treatment plant to serve the Project’s demand in addition to existing service commitments, and impacts would be less than significant. This is consistent with the GPU FEIR, which determined that wastewater generated through development in accordance with the GPU would have a less-than-significant impact on the existing wastewater collection and treatment facilities and systems (Draft Supplemental EIR at pp. 5.15-15 through 5.15-16). Impact Finding: The Project would not require or result in the relocation or construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects (Draft Supplemental EIR at p. 5.15-20). Facts in Support of Findings: The Preliminary Water Quality Management Plan (WQMP) (included as Appendix M to the Draft Supplemental EIR) for the proposed Project describes that the Project site currently includes 37.02 acres of impermeable surfaces, which equates to 90 percent of the City Council 22 – 87 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 43 CEQA Findings of Fact September 2024 site. After completion of Project construction, the site would have a 4 percent reduction in impermeable surfaces to 35.37 acres or 86 percent of the site. The runoff within the Project site would be collected by roof drains, surface flow designed pavement, curbs, and area drains and conveyed to vegetated biotreatment system for treatment. Although the proposed Project would result in a reduction of stormwater runoff, the Project includes offsite storm drain improvements pursuant to the City’s Storm Drain Master Plan that involve replacing 2,230 lineal feet of the 54/60- inch storm drain with a 72-inch lateral in Sunflower Avenue and replacing a 42-inch lateral in Plaza drive with a 60-inch lateral. This is being done to implement City’s needed drainage Master Plan improvements within the rights-of-way that would be reconstructed as part of the proposed Project. The effects of the improvements are part of construction of the Project as a whole and are included in the evaluation throughout the Draft Supplemental EIR. Therefore, impacts related to drainage facilities would be less than significant. This finding is consistent with the GPU FEIR discussion related to development projects increasing onsite permeability and providing onsite detention systems that would be evaluated in detailed hydrology studies to ensure that existing peak flows would not be exceeded, thereby eliminating any potential increase in runoff and that impacts to the storm drain system would be less than significant (Draft Supplemental EIR at p. 5.15-20). Impact Finding: The Project would not generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals (Draft Supplemental EIR at p. 5.15-23). Facts in Support of Findings: Construction The Project is estimated to generate approximately 1,009 tons of waste during demolition and additional waste during construction, which would occur over a 10-year period. However, Section 5.408.1 of the 2016 California Green Building Standards Code requires demolition and construction activities to recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste. Thus, the demolition and construction solid waste that would be disposed of at the landfill would be approximately 35 percent of the waste generated. Therefore, demolition activities, which would generate the most solid waste would generate approximately 353 tons of solid waste. In March 2023, the maximum tonnage received was 8,909.41 tons. Thus, the facility has additional capacity of 8,556.41 tons per day (CalRecycle 2023) and would be able to accommodate the construction solid waste from the proposed Project. Therefore, impacts related to landfill facilities from construction activities would be less than significant (Draft Supplemental EIR at p. 5.15-23). Operation Operation of the Project at buildout would generate approximately 25,913 tons of solid waste per year, at least 75 percent of which is required by California law to be recycled, which would reduce the volume of landfilled solid waste to approximately 7,734.8 tons per year, or 148.34 tons per week, as shown on Draft Supplemental EIR Table 5.15-9. City Council 22 – 88 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 44 CEQA Findings of Fact September 2024 As the Frank Bowerman Sanitary Landfill is permitted to accept 11,500 tons per day of solid waste, and in March 2023, the maximum tonnage received was 8,909 tons, the facility had additional capacity of 2,591 tons (Calrecycle 2023). Therefore, the Frank Bowerman Sanitary Landfill would be able to accommodate the addition of 148.34 tons of waste per week. Thus, the proposed Project would be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs and the Project would not impair the attainment of solid waste reduction goals. Impacts related to landfill capacity would be less than significant (Draft Supplemental EIR at pp. 5.15-23 through 5.15-24). City Council 22 – 89 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 45 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 90 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 46 CEQA Findings of Fact September 2024 SECTION IV IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City hereby finds that mitigation measures have been identified in the Supplemental EIR that would avoid or substantially lessen the following potentially significant environmental impacts to a less than significant level. The potentially significant impacts and the mitigation measures that would reduce them to a less than significant level are detailed in the Supplemental EIR and summarized below. A. Air Quality Impact Finding: The Project would not expose sensitive receptors to substantial pollutant concentrations (Draft Supplemental EIR at p. 5.1-32). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR Facts in Support of Findings: The nearest offsite sensitive receptor to the Phase 1 construction area is a multi-family residential building located approximately 130 feet (40 meters) to the west. The nearest offsite sensitive receptor to the Phase 2 construction area is a multi-family residential building located 410 feet (125 meters) to the north. The nearest offsite sensitive receptor to the Phase 3 construction area is a multi-family residential building located 130 feet (40 meters) to the west. Construction Phase 1 Table 5.1-23 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 1 of the proposed Project. As shown, emissions during the peak site preparation and grading construction activity of Phase 1 would exceed the SCAQMD’s localized significance thresholds for NOx and PM2.5. However, as described previously GPU FEIR Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards would reduce NOx emissions and Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would reduce PM2.5 emissions to below the SCAQMD thresholds for localized significance, as shown in Draft Supplemental EIR Table 5.1-24. Therefore, LST impacts from construction of Phase 1 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-32 through 5.1-33). Construction Phase 2 Table 5.1-25 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 2 of the proposed Project. As shown, emissions during the peak site preparation and grading construction activity of Phase 2 would exceed the SCAQMD’s localized significance thresholds for NOx and PM2.5. However, as described previously GPU FEIR Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards would reduce NOx emissions and Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would reduce PM2.5 emissions to below the SCAQMD thresholds for localized City Council 22 – 91 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 47 CEQA Findings of Fact September 2024 significance, as shown in Draft Supplemental EIR Table 5.1-26. Therefore, LST impacts from construction of Phase 2 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-33 through 5.1-34). Construction Phase 3 Table 5.1-27 of the Draft Supplemental EIR identifies daily localized onsite emissions that are estimated to occur during construction of Phase 3 of the proposed Project. As shown, emissions during the peak construction activity of site preparation during Phase 3 would exceed the SCAQMD localized significance threshold for PM2.5. However, as described previously Project Mitigation Measure AQ-1, Construction Exhaust and Dust Control, would be implemented, and would reduce PM2.5 emissions to below the SCAQMD thresholds for localized significance, as shown in Draft Supplemental EIR Table 5.1-28. Therefore, LST impacts from construction of Phase 3 would be less than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-34 through 5.1- 35). Operation at Project Buildout Applying a 5-acre LST threshold as done by the Draft Supplemental EIR is a very conservative approach. As shown in Table 5.1-32 of the Draft Supplemental EIR, unmitigated emissions generated on site by the proposed Project would exceed the LST threshold for PM2.5. Therefore, operational mitigation would be required. As shown on Table 5.1-33 of the Draft Supplemental EIR, with implementation of operational mitigation measures that prohibit fireplaces, require use of electrical landscape equipment, and use of low VOC paints, PM2.5 emissions would be reduced to a less than significant level. Therefore, LST impacts of Project buildout would be less than significant with incorporation of mitigation (Draft Supplemental EIR at p. 5.1-37). Diesel Health Risk Assessment. A Health Risk Assessment (HRA) (included as Appendix C to the Draft Supplemental EIR) was prepared to evaluate the health risk impacts as a result of exposure to Diesel Particulate Matter (DPM) during construction of the proposed Project. Onsite truck idling was estimated to occur as trucks enter and travel through the site. SCAQMD recommends using a 10 in one million as the cancer risk threshold. The receptor with the greatest potential exposure to construction DPM source emissions are the closest residences, which are as close as 130 feet from construction activities. Draft Supplemental EIR Table 5.1-34 shows that DPM levels would be reduced below SCAQMD thresholds for residential and worker receptors with implementation of GPU FEIR Mitigation Measure AQ-1 and Project Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards. Thus, construction DPM carcinogenic risks would be reduced to a less than significant level with incorporation of mitigation. The significance thresholds for DPM exposure also require an evaluation of non‐cancer risk known as hazard index. A chronic hazard index of 1.0 is considered individually significant. As shown on Draft Supplemental EIR Table 5.1-35, the maximum chronic hazard index at offsite receptors during construction would be 0.003 with implementation of GPU FEIR Mitigation Measure AQ-1 and Project Mitigation Measure AQ-1 for CARB Tier 4 Final off-road construction equipment standards, which is less than the 1.0 threshold. Therefore, impacts related to non‐carcinogenic hazards would be less City Council 22 – 92 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 48 CEQA Findings of Fact September 2024 than significant with incorporation of mitigation (Draft Supplemental EIR at pp. 5.1-38 through 5.1- 39). Mitigation Measures: GPU FEIR MM AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. Project Specific MM AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: City Council 22 – 93 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 49 CEQA Findings of Fact September 2024 o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. B. Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5 (Draft Supplemental EIR at p. 5.2-15). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. City Council 22 – 94 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 50 CEQA Findings of Fact September 2024 Facts in Support of Findings: The site has been previously disturbed from both agricultural uses and development, including ground disturbance to depths for installation of the existing utility infrastructure that serves the site. As required by GPU FEIR Mitigation Measure CUL-4, an Archaeological Resources Assessment Report was prepared for the proposed Project to analyze the potential archaeological sensitivity of the Project site and the potential for Project ground disturbance to result in impacts to archaeological resources. As the Project site is sensitive for previously unknown archaeological resources, the Archaeological Resources Assessment Report (Appendix E to the Draft Supplemental EIR) determined that GPU FEIR Mitigation Measure CUL-6 would be required to be implemented to require an archaeologist to be retained for monitoring throughout proposed Project ground disturbing activities. In addition, the proposed Project would be required to implement Project-specific Mitigation Measure CR-1, which sets forth requirements should archaeological resources be uncovered during proposed Project activities, and Project-specific Mitigation Measure CR-2, which preparation of a monitoring report after the completion of monitoring activities. With implementation of GPU FEIR Mitigation Measure CUL-6 and Project-specific Mitigation Measures CR-1 and CR-2, impacts would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts to archaeological resources would be less than significant after implementation of mitigation (Draft Supplemental EIR at p. 5.2-15). Mitigation Measures: GPU FEIR MM CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR MM CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre-construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance City Council 22 – 95 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 51 CEQA Findings of Fact September 2024 and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Project Specific MM CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Project Specific MM CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. C. Geology and Soils Impact Finding: The Project would not be located on a geologic unit or soils that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse (Draft Supplemental EIR at p. 5.4-11). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The elevation of the site is approximately 34 feet above msl and the site is not located on or adjacent to a hillside or slope. Based on the relatively flat topography of the site, lack of a free face nearby and low liquefaction potential, the Geotechnical Report determined that the potential for lateral spreading on the site is low (Included as Appendix G to City Council 22 – 96 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 52 CEQA Findings of Fact September 2024 the Draft Supplemental EIR). Thus, impacts related to lateral spreading would be less than significant. Also, impacts related to landslides would not occur. However, as detailed in the Geotechnical Report (Included as Appendix G to the Draft Supplemental EIR), groundwater has been encountered at the site at between 5 and 16 feet bgs and excavations during Project construction are likely to encounter groundwater. The Geotechnical Report identified that excavations within potentially collapsible wet soils may need to be stabilized; and stabilization may consist of placement of a granular working mat consisting of geogrid and coarse gravel or sub-excavation and replacement with dried soil. Mitigation Measure GEO-1 has been included to require that the proposed Project comply with a final design-level geotechnical report that must be completed in compliance with the current CBC requirements and prepared to the satisfaction of the City’s Building and Safety Division. Also, Mitigation Measure GEO-2 is included to ensure that geotechnical recommendations regarding groundwater induced unstable soils are implemented pursuant to existing CBC construction measures. Also, the CBC, as currently adopted in the City’s Municipal Code Chapter 8, Article 2, Division 1, requires that a California Certified Engineering Geologist or California-licensed civil engineer provide site-specific engineering data for the proposed structures, which are reviewed by the City for appropriate inclusion as part of the building plan check and development review process. Compliance with the requirements of the CBC and City’s Municipal Code for structural safety is included as PPP GEO-1 and would reduce potential impacts to a less than significant level. Therefore, due to the need for mitigation to ensure implementation of existing CBC measures, impacts related to Project buildout of the site would be slightly greater than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to unstable soils would be less than significant with implementation of existing regulations (Draft Supplemental EIR at pp. 5.4-11 through 5.4-12). Plans, Program and Policies: PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Mitigation Measures: MM GEO-1 Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. City Council 22 – 97 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 53 CEQA Findings of Fact September 2024 MM GEO-2 Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Impact Finding: The Project would be located on expansive soils, as defined in table 1B-1B of the Uniform Building Code (1994) but would not create substantial risks to life or property (Draft Supplemental EIR at p. 5-4-12). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The Project site contains lean and fat clays, and silty sand and poorly- graded sands with interbeds of clays, which have been tested and determined to have a medium to high potential for expansion due to the clay content (included as Appendix G to the Draft Supplemental EIR). The clayey soils are present onsite from the ground surface to approximately 25 to 30 feet bgs. Prior to approval of construction, an engineering level design geotechnical report is required to be prepared and submitted to the City that details the project designs that have been included to address potential geotechnical and soil conditions pursuant to the CBC requirements that are included in the City’s Municipal Code Chapter 8, Article 2, Division 1, and implemented by Mitigation Measures GEO-1 and GEO-2. Therefore, due to the need for mitigation to ensure implementation of existing CBC measures, impacts related to Project buildout of the site would be slightly greater than the impact conclusions set forth in the GPU FEIR, which determined that impacts related to expansive soil would be less than significant with implementation of existing regulations (Draft Supplemental EIR at p. 5-4-12). Mitigation Measures: MM GEO-1 Incorporation of and Compliance with a Design Level Geotechnical Report. As listed previously. MM GEO-2 Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. As listed previously. Impact Finding: The Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (Draft Supplemental EIR at p. 5.4-13). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: As described in Appendix H to the Draft Supplemental EIR, the Project site is underlain by Holocene-aged axial channel deposits, and due to the young age of the onsite soils, it is unlikely that excavation at the surface would impact fossil resources. However, Pleistocene age alluvium may exist below the younger axial channel deposits which could yield fossils. Thus, City Council 22 – 98 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 54 CEQA Findings of Fact September 2024 excavation and grading during construction of the proposed Project has the potential to impact paleontological resources. As such, impacts to paleontological resources within the Project site are potentially significant. Therefore, GPU FEIR Mitigation Measures GEO-2 and GEO-3 would be required to confirm onsite sediments and provide measures in the case that a fossil is discovered onsite. In addition, Mitigation Measures PALEO-1 through PALEO-3 have been included to retain a qualified paleontologist prior to the start of excavation, provide paleontological resources sensitivity training, and monitor the site for excavations below 20 feet bgs. Mitigation Measure PALEO-4 has been included to identify and catalog any significant fossils and Mitigation Measure PALEO-5 has been included to prepare a Paleontological Resources Monitoring Report that summarizes the findings. Thus, with implementation of GPU FEIR and Project-specific mitigation measures, impacts related to paleontological resources would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to paleontological resources would be less than significant with the implementation of mitigation (Draft Supplemental EIR at p. 5.4-12). Mitigation Measures: GPU FIER MM GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. GPU FEIR MM GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. MM PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. MM PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. City Council 22 – 99 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 55 CEQA Findings of Fact September 2024 The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. MM PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full-time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. MM PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. MM PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. D. Greenhouse Gas Emissions Impact Finding: The Project would not generate GHG emission, either directly or indirectly, that may have a significant impact on the environment (Draft Supplemental EIR at p. 5.5-13). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. City Council 22 – 100 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 56 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction The construction-related activities involve the following: demolition, site preparation, excavation, grading, paving, construction of structures and infrastructure, and architectural coatings. These construction activities would result in the emission of GHGs from equipment exhaust, construction- related vehicular activity and construction worker automobile trips. As shown on Draft Supplemental EIR Table 5.5-3, construction of Phase 1 of the proposed Project would result in the generation of approximately 36,506 MTCO2e. Construction of Phase 2 would generate approximately 10,091 MTCO2e; and construction of Phase 3 would generate approximately 34,142 MTCO2e. The amortized Project Phase 1 construction emissions would be 1,217 MTCO2e per year while the amortized Project Phase 2 and Phase 3 construction emissions would be 336 MTCO2e and 1,138 MTCO2e per year, respectively. Total construction emissions and total amortized emissions for Project Buildout would be 80,740 MTCO2e and 2,691 MTCO2e per year, respectively. However, as detailed in Section 5.1, Air Quality, and listed below, the proposed Project would implement GPU FEIR Mitigation Measure AQ-1, which requires the use of advanced engine tiers (i.e., equipment engines meeting CARB Tier 4 Final emissions standards), which would reduce total construction emissions to 67,425 MTCO2e (2,248 MTCO2e per year) (Draft Supplemental EIR at pp. 5.5-13 through 5.5-14). Operation As shown in Draft Supplemental EIR Table 5.5-4, the proposed Project’s total unmitigated increase in GHG emissions for Phase 1 would be approximately 20,597 MTCO2e, for Phase 2 would be 7,325 MTCO2e, for Phase 3 would be 14,147 MTCO2e, and 42,069 MTCO2e for Project buildout. The Greenhouse Gas Emissions Assessment (included as Appendix I to the Draft Supplemental EIR) describes that a majority of the GHG emissions (56 percent unmitigated and 52 percent mitigated) generated from the proposed Project at buildout are associated with non-construction related mobile sources. As detailed in Section 5.1, Air Quality, and listed below, proposed Project Mitigation Measure AQ-3: Vehicle Trip Reduction, Mitigation Measure AQ-4: Prohibition of Fireplaces, Mitigation Measure AQ-5: Electric Landscape Equipment, Mitigation Measure AQ-6: Low VOC Paint (Operations), Mitigation Measure AQ-7: Loading Dock Connections would reduce operational air quality emissions and would also reduce GHG emissions. Additionally, Project Mitigation Measure GHG-1, through Mitigation Measure GHG-5 is included to reduce GHG emissions from non-mobile sources such as the use of the energy efficient appliances, recycling solid waste, and photovoltaic solar panels, and the TDM program required by Mitigation Measure AQ-3 would reduce GHG emissions from commuting. No Greenhouse Gas emissions reductions were taken for the implementation of Project MM GHG-1. The GPU FEIR determined that implementation of the GPU and its policies would result in a net decrease in emissions of approximately 255,878 MTCO2e over existing conditions within the City. The proposed Project would implement the mitigation identified above to reduce GHG emissions; and the Project proposes a specific plan that would be consistent with the buildout assumptions and applicable development standards of the GPU. Impacts related to generation of GHG emissions would be less than significant with mitigation incorporated. As such, Project impacts would be consistent with the impact conclusions set forth in the GPU FEIR, which City Council 22 – 101 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 57 CEQA Findings of Fact September 2024 determined that impacts related to GHG emissions would be less than significant with mitigation incorporated (Draft Supplemental EIR at pp. 5.5-15 to 5.5-17). Mitigation Measures: Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification. It shall also be designed consistent with CALGreen Tier 2 or will otherwise achieve a 20% reduction below 2022 Title 24 energy efficiency standards. The 2022 version of Title 24 (effective January 1, 2023, prior to the 2024 Supplement) is the baseline for improvement. • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The 2022 version of Title 24 (effective January 1, 2023, prior to the 2024 Supplement) is the baseline for improvement. • The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. City Council 22 – 102 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 58 CEQA Findings of Fact September 2024 Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Planning and Building Department during plan check. GPU FEIR Mitigation Measure AQ-1: As listed previously. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure City Council 22 – 103 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 59 CEQA Findings of Fact September 2024 that installation of wood-burning and natural gas devices do not occur during occupation of residences. Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. MM AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Impact Finding: The Project would not conflict with an applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs (Draft Supplemental EIR at p. 5.5-17). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The proposed Project would provide a mixed-use community within a TPA and High-Quality Transit Area which has the potential to reduce GHG emissions from the reduction of VMT. The proposed Project provides for an onsite mix of uses that would limit the need to travel offsite for many amenities and retail/service needs. Providing a mixed-use development in such a location is consistent with the intent of the AB 32 Scoping Plan and SB 375, which is focused on changing land use patterns and improving transportation alternatives. The proposed Project would be implemented pursuant to the CALGreen Building/Title 24 requirements and would provide new land uses in a sustainable manner. The City’s administration of the Title 24 requirements includes review of proposed energy conservation measures during the permitting process, which ensures that all requirements are met. In complying with the Title 24 standards, the proposed Project would be implementing regulations that reduce GHG emissions (Draft Supplemental EIR at p. 5.5-17). CARB Scoping Plan City Council 22 – 104 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 60 CEQA Findings of Fact September 2024 The proposed Project would not interfere with the state’s implementation of AB 1279’s target of 85 percent below 1990 levels and carbon neutrality by 2045 because it does not interfere with implementation of the GHG reduction measures listed in CARB’s Updated Scoping Plan (2022), as demonstrated in Draft Supplemental EIR Table 5.5-5. CARB’s 2022 Scoping Plan reflects the 2045 target of an 85 percent reduction below 1990 levels, set by Executive Order B-55-18, and codified by AB 1279. The proposed Project would include a number of project design features and mitigation measures from the 2022 CARB Scoping Plan for construction and operation. The proposed Project would meet the three priority areas included in Appendix D to the CARB Scoping Plan; Transportation Electrification, VMT Reduction, and Building Decarbonization. As the proposed Project would implement key residential and mixed-use project attributes included in Appendix D as mitigation measures (Mitigation Measures GHG-1 through GHG-5 and AQ-4), the proposed Project would be consistent with the 2022 CARB Scoping Plan and the State’s GHG reduction goals (Draft Supplemental EIR at pp. 5.5-18 through 5.5-22). City of Santa Ana Climate Action Plan The City of Santa Ana’s Climate Action Plan (CAP) includes reduction measures that would help the City achieve its emissions reduction goal, which is consistent with the statewide goals identified. The proposed Project is consistent with City’s CAP strategy of locating new mixed-use development within employment corridors to create a more optimal mix of land uses and reduce vehicle miles traveled. The proposed Project is an urban mixed-use infill project that would include local retail, housing, office, and hotel uses near transit routes, major freeways, and roadways. The proposed Project includes pedestrian circulation and bicycle circulation infrastructure and facilities. The infill location, mix of uses, and proximity to transit would reduce dependency on cars, reduce time spent in traffic, closely links residents to jobs and services, and reduce VMT. As mobile sources are a significant component of GHG emissions, reducing VMTs is integral to achievement of state GHG reduction goals. As described in Draft Supplemental EIR Table 5.5-6, the proposed Project would be consistent with the relevant measures of the City’s CAP. The proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs. The proposed Project would be implemented in compliance with state energy standards provided in Title 24, as well as future state regulations adopted to facilitate reductions in statewide GHG emissions. The proposed Project would not interfere with the state’s implementation of AB 1279’s target of 85 percent below 1990 levels and carbon neutrality by 2045 because it would be consistent with the CARB 2022 Scoping Plan, which is intended to achieve the reduction targets required by the state. In addition, the proposed Project would be consistent with the relevant City GPU goal and policies and the City’s Climate Action Plan. Thus, the proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs, and impacts would be less than significant (Draft Supplemental EIR at pp. 5.5- 17-23 through 5.5-26). Mitigation Measures: City Council 22 – 105 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 61 CEQA Findings of Fact September 2024 Mitigation Measure GHG-1: Solar Panels. As listed previously. Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. As listed previously. Mitigation Measure GHG-3: Landfill Waste. As listed previously. Mitigation Measure GHG-4: Electrical Landscape Equipment. As listed previously. Mitigation Measure GHG-5: Energy Efficient Appliances. As listed previously. Mitigation Measure AQ-4: Prohibition of Fireplaces. As listed previously. E. Hazards and Hazardous Materials Impact Finding: The Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (Draft Supplemental EIR at p. 5.6-22). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: Construction The Phase I Environmental Site Assessment (included as Appendix J to the Draft Supplemental EIR) determined that asbestos-containing materials (ACMs) and lead-based paint may exist due to the date of construction of the existing buildings. Therefore, asbestos surveys and abatement would be required prior to demolition or renovation of the existing building pursuant to the existing South Coast Air Quality Management District (SCAQMD), Cal/OSHA, and the sections of the California Health and Safety Code. These requirements were developed to protect human health and the environment from the hazards associated with exposure to lead based materials and airborne asbestos fibers. Compliance with these existing regulations, as ensured through the permitting process and included as PPP HAZ-1 and PPP HAZ-2, would reduce impacts related to routine transport and disposal of asbestos-containing materials and lead-based paint during construction activities to a less than significant level. As described in the Phase II Environmental Site Assessments (Draft Supplemental EIR Appendix K1 and Appendix K2), soil within portions of the Project site exhibits concentrations of TPH-d, TPH-mo, and select SVOCs that exceed residential screening levels. The Phase II Environmental Site Assessments describe that soils with concentrations above residential screening levels and below commercial screening levels could be reused onsite as backfill material for non-residential and non- sensitive areas. However, soils that exceed both residential and commercial screening levels would need to be excavated and removed during Project excavation and grading activities as required by regulation and, as applicable, DTSC, California Integrated Waste Management Board, and/or the RWQCB. As a result, Mitigation Measure HAZ-1 would be implemented to reduce the potential risks related to accidental release and exposure of people and the environment to the contaminated soils. City Council 22 – 106 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 62 CEQA Findings of Fact September 2024 Mitigation Measure HAZ-1 requires that a qualified consultant prepare a Soil Management Plan (SMP) to be used during earthwork and grading to identify soils that cannot be reused onsite and offsite disposal. Mitigation Measure HAZ-1 requires excavation of contaminated soils be completed pursuant to existing DTSC and RWQCB requirements, soils sampling to ensure all contaminated soils are removed, and that a certified hazardous waste hauler remove and transport all TPH impacted soil and other potentially hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. Excavated soil containing hazardous substances would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). The SMP would detail hazardous materials excavation and disposal methods and requirements pursuant to the regulation of Title 8 of the California Code of Regulations (CalOSHA) and Department of Toxic Substances Control (DTSC) that regulates the removal, transportation, and disposal of hazardous waste to protect human health and the environment. With implementation of Mitigation Measure HAZ-1 impacts related to hazards from contaminated soils would be less than significant (Draft Supplemental EIR at p. 5.6-22). Plans, Program and Policies: PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos is found, the Project applicant shall follow all procedural requirements and regulations of South Coast Air Quality Management District Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. PPP HAZ-2: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. Cal-OSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Mitigation Measures: Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported City Council 22 – 107 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 63 CEQA Findings of Fact September 2024 by a certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Impact Finding: The Project would not create a significant hazard to the public or the environment through reasonably foreseeable upset or accident conditions involving the release of hazardous materials into the environment (Draft Supplemental EIR at p. 5.6-23). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: Construction Accidental Release. While the routine use, storage, transport, and disposal of hazardous materials in accordance with applicable regulations during demolition, excavation, grading, and construction activities would not pose health risks or result in significant impacts; improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. Thus, implementation of the proposed Project could potentially result in the accidental release of hazardous materials. The use of best management practices (BMPs) during construction implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP WQ-1) would minimize potential adverse effects to workers, the public, and the environment (Draft Supplemental EIR at p. 5.6-23). Contaminated Soils. As described previously, portions of the site contain soil that could be reused onsite as backfill material for non-residential and non-sensitive use areas. Soils that exceed applicable USEPA and/or DTSC Screening levels would require excavation and disposal pursuant to the requirements of the DTSC, California Integrated Waste Management Board, RWQCB, OCFA, and the OCHCA. As a result, Mitigation Measure HAZ-1 is included to require a Soil Management Plan (SMP) be implemented during earthwork and grading to remove and dispose of impacted soils. Mitigation Measure HAZ-1 requires handling of contaminated soils be completed pursuant to existing DTSC and RWQCB standards, soils sampling to ensure contaminated soils are removed, and that a certified hazardous waste hauler remove and transport hazardous materials per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials. With implementation of Mitigation Measure HAZ-1 impacts related to hazards from contaminated soils would be less than significant (Draft Supplemental EIR at pp. 5.6-23 through 5.6-24). City Council 22 – 108 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 64 CEQA Findings of Fact September 2024 Asbestos Containing Materials. Buildings on the Project site were constructed in the 1970s when many structures were constructed with what are now recognized as hazardous building materials, such as lead and asbestos. Demolition of these structures could result in the release of hazardous materials. However, asbestos abatement contractors must follow state regulations contained in California Code of Regulations Sections 1529, and 341.6 through 341.14 as implemented by SCAQMD Rule 1403 to ensure that asbestos removed during demolition or redevelopment of the existing buildings is transported and disposed of at an appropriate facility. Section 19827.5 of the California Health and Safety Code requires that local agencies not issue demolition permit until an applicant has demonstrated compliance with notification requirements under applicable federal regulations regarding hazardous air pollutants, including asbestos. These requirements are included as PPP HAZ-1 to ensure that the Project applicant submits verification to the City that the appropriate activities related to asbestos have occurred, which would reduce the potential of impacts related to asbestos to a less than significant level (Draft Supplemental EIR at p. 5.6-24). Undocumented Hazardous Materials. The Project site has a long history of various uses that includes use and storage of hazardous materials. As a result, there is the potential for undocumented hazardous material to exist onsite. Excavated soil containing hazardous substances and hazardous building materials would be classified as a hazardous waste if they exhibit the characteristics of ignitability, corrosivity, reactivity, or toxicity (CCR, Title 22, Division 4.5, Chapter 11, Article 3). State and federal laws require detailed planning to ensure that hazardous materials are properly handled, used, stored, and disposed of, and in the event that such materials are accidentally released, to prevent or to mitigate injury to health or the environment. These regulations are detailed previously and include, but are not limited to, the federal Resource Conservation and Recovery Act, the Occupational Safety and Health Act that is implemented by OSHA, and the Hazardous Materials Transportation Act. Additionally, the California Integrated Waste Management Board and the RWQCB specifically address management of hazardous materials and waste handling in their adopted regulations (CCR, Title 14 and CCR, Title 27). Also, Mitigation Measure HAZ-1would reduce impacts related to other soil contamination, not identified previously. Thus, with implementation of existing regulations and Mitigation Measure HAZ-1, impacts related to upset or accident conditions involving the release of hazardous materials into the environment would be less than significant (Draft Supplemental EIR at pp. 5.6-24 through 5.6-25). Operation Development under the proposed Project would involve multi-family, restaurant, and retail commercial uses that would use and store common hazardous materials such as paints, solvents, and cleaning products. Also, building mechanical systems and grounds and landscape maintenance could also use a variety of products formulated with hazardous materials, including fuels, cleaners, lubricants, adhesives, sealers, and pesticides/herbicides. A Water Quality Management Plan (WQMP) is required to be implemented for the proposed Project (as further discussed in Section 5.7, Hydrology and Water Quality and included as PPP WQ-2). The BMPs that would be implemented as part of the WQMP would protect human health and the environment should any accidental spills or releases of hazardous materials occur during operation of the proposed Project. Mitigation Measure HAZ-1 requires implementation of a Soil Management Plan to ensure appropriate removal and handling of potentially hazardous materials that could be encountered during site excavation and grading. As a result, operation of the proposed Project would not result City Council 22 – 109 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 65 CEQA Findings of Fact September 2024 in a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment, and impacts would be less than significant. Moreover, although impacts of the environment on a project do not require analysis or mitigation under CEQA and the proposed Project would not result in impacts on future users and residents, Mitigation Measure HAZ-2 is included and requires the Project applicant to conduct testing or design buildings to ensure that future users and residents of the proposed Project are not exposed to elevated levels of vapors (Draft Supplemental EIR at p. 5.6-25). Plans, Program and Policies (PPPs): PPP HAZ-1: SCAQMD Rule 1403. As listed previously. PPP HAZ-2: Lead. As listed previously. PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the National Pollutant Discharge Elimination System (NPDES) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design, Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Mitigation Measures: Mitigation Measure HAZ-1: Soil Management Plan (SMP). As listed previously. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. F. Noise Impact Finding: The Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies (Draft Supplemental EIR at p. 5.9-13). City Council 22 – 110 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 66 CEQA Findings of Fact September 2024 Facts in Support of Findings: Construction Per Section 18-314 (Special Provisions) of the City’s Municipal Code noise sources associated with construction activities are exempt from the City’s established noise standards as long as the activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or any time on Sunday or a federal holiday. The proposed Project’s construction activities would occur pursuant to these regulations. Thus, the proposed Project would be in compliance with the City’s construction related noise standards. Construction noise would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. Construction activities would occur throughout the Project site and would not be concentrated at a single point near sensitive receptors. Further, it is unlikely that multiple pieces of equipment would operate within the same area closest to sensitive receptors during Project construction. Because the analysis assumes that the noisiest equipment would operate concurrently at the construction boundary closest to the nearest sensitive receptor, it provides represents a conservative analysis of potential impacts. Construction noise levels drop off at a rate of about 6 dBA per doubling of distance between the noise source and receptor (Draft Supplemental EIR at pp. 5.9-13 through 5.9-15). Phase 1. As shown on Draft Supplemental EIR Table 5.9-8, construction noise for Phase 1 would be as close as 130 feet from the closest offsite residences, at the nearby receiver locations would range from 65.4 to 75.7 dBA Leq, which would not exceed the 80 dba Leq daytime construction noise level threshold. Therefore, construction impacts related to Phase 1 would be less than significant (Draft Supplemental EIR at p. 5.9-15). Phase 2. Construction activity for Phase 2 would be as close as 410 feet from the closest offsite residences. As shown on Table 5.9-9 of the Draft Supplemental EIR, noise from Phase 2 construction at the closest nearby receiver locations would range from 55.4 to 68.0 dBA Leq. This would not exceed the 80 dba Leq daytime construction noise level threshold. In addition, Phase 2 construction would occur after Phase 1 is occupied. The onsite receptors in Phase 1 would be located as close as 130 feet away from the Phase 2 construction activity area where heavy equipment would be located. The loudest Phase 2 noise level would occur during grading and would be 75.6 dBA at the Phase 1 residences located 130 feet away, which would not exceed the 80 dBA Leq daytime construction noise level threshold at residential receiver locations. Therefore, construction noise impacts to offsite sensitive receptors related to Phase 2 would be less than significant (Draft Supplemental EIR at p. 5.9-15). Phase 3. As shown on Table 5.9-10 of the Draft Supplemental EIR, construction activity for Phase 3 would be as close as 130 feet from the closest offsite residences, and noise from Phase 3 construction at the nearby receiver locations would range from 65.4 to 75.9 dBA Leq. This would not exceed the 80 dBA Leq daytime construction noise level threshold. Therefore, construction noise impacts to offsite sensitive receptors related to Phase 3 would be less than significant. In addition, Phase 3 construction would occur after Phase 1 and Phase 2 are occupied. The onsite receptors in Phases 1 and 2 would be located as close as 130 feet away from the Phase 3 construction activity. The loudest Phase 3 noise level would occur during demolition and grading City Council 22 – 111 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 67 CEQA Findings of Fact September 2024 and would be 76.5 dBA at the closest Phase 1 and Phase 2 residences located 130 feet away. Therefore, Phase 3 construction would not exceed the 80 dBA Leq daytime construction noise level threshold at residential receiver locations. Therefore, construction noise impacts related to Phase 3 would be less than significant. Although noise generated from construction of Phases 1, 2, and 3 would be less than significant, the proposed Project would still be required to implement GPU FEIR Mitigation Measure N-1, which includes construction requirements to limit noise. The proposed Project would result in less impacts than the construction noise impacts that were identified in the GPU FEIR, which were identified as significant. Therefore, construction noise impacts related to the proposed Project would not exceed those previously identified (Draft Supplemental EIR at pp. 5.9-15 through 5.9-16). Offsite Construction Noise. The offsite improvements include the installation and upgrade of water, stormwater, and sewer utilities, as well as roadway improvements that include sidewalks, bicycle facilities, landscaping, intersection improvements, median reconstruction, etc. The offsite improvements would include excavators, loaders, and trucks during pavement demolition and trenching activities and pavers, rollers, and loaders for paving activities. Draft Supplemental EIR Table 5.9-11 shows that the proposed Project’s offsite construction noise would not exceed the FTA’s standard. Additionally, when the worst-case offsite noise level (77.4 dBA during demolition) is combined with the worst-case onsite construction noise level (75.7 dBA during Phase 1 demolition), noise levels would be 79.6 dBA, which is below the FTA’s 80 dBA standard. Therefore, construction noise impacts from offsite improvements would be less than significant. In addition, GPU FEIR Mitigation Measure N-1, which includes construction requirements to limit noise would be required to be implemented, which would reduce noise generated from proposed Project construction at sensitive receptor locations (Draft Supplemental EIR at pp. 5.9-16 through 5.9-17). Nighttime Concrete Pour Construction Noise. The proposed Project could include nighttime concrete pour activities. The nighttime concrete pours would use the following construction equipment: concrete mixer trucks, concrete pump truck, concrete vibrator, generator, trucks, and air compressors. Draft Supplemental EIR Table 5.9-12 shows that construction noise associated with nighttime concrete pours would be up to 71.0 dBA at the closest offsite sensitive receptors. Therefore, nighttime construction noise would exceed FTA’s nighttime threshold of 70 dBA at offsite sensitive receptors and Project Mitigation Measure NOI-1 has been included to require enclosures for stationary (e.g., generators, air compressors, etc.) concrete pour equipment and buffer distances for mobile equipment (including concrete trucks) to minimize nighttime construction noise. Draft Supplemental EIR Table 5.9-12 shows that with implementation of GPU FEIR Mitigation Measure N- 1 and Project Mitigation Measure NOI-1, impacts related to nighttime concrete pour activities at offsite sensitive receptors would be less than significant (Draft Supplemental EIR at pp. 5.9-17 through 5.9-18). Construction Traffic Noise. Noise generated from construction traffic would increase short-term noise; however, these noise levels are temporary and would cease once construction is complete. The trucks associated with construction would occur during the allowable hours for construction specified in the Municipal Code (7:00 a.m. to 8:00 p.m. on weekdays and Saturdays). Trucks (including trucks hauling excavated material) would also occur during the allowable daytime hours only. Draft Supplemental EIR Table 5.9-13 shows that construction traffic noise levels would not City Council 22 – 112 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 68 CEQA Findings of Fact September 2024 exceed the 85 dBA construction thresholds for commercial uses (soil hauling would not occur along residential streets) and roadway noise levels would not increase ambient noise levels above the perceptible range (3.0 dBA) for any of the construction phases. Therefore, a less than significant impact would occur. Additionally, the GPU FEIR Mitigation Measure N-1 requires construction traffic use City approved haul routes to the extent feasible. Thus, ensuring that construction traffic would not use residential roadways (Draft Supplemental EIR at pp. 5.9-18 through 5.9-19). Operation Onsite Operational Noise. Noise generated by the Project would occur from stationary equipment such as heating, ventilation, and air conditioning (HVAC) units that would be installed for the new development, use of parking facilities, trash removal activity, and activity at outdoor gathering areas. Based on these typical noise levels, operation of the Project would not result in an exceedance of the City’s Municipal Code Section 18-313 noise standards. Also, the City’s building and plan check permitting process includes verification that the location of operational noise sources would not result in an exceedance of the municipal code standards. At the closest sensitive receptor, approximately 130 feet away, mechanical equipment noise levels would attenuate to 43.7 dBA, which is below the City’s ambient noise standards of 55 dBA for residential receptors and below the measured ambient levels ranging from 58.4 to 71.0 dBA (refer to Draft Supplemental EIR Table 5.9-4). Operation of mechanical equipment would not increase ambient noise levels beyond the acceptable compatible land use noise levels. Therefore, the proposed Project would result in a less than significant impact related to stationary noise levels. Thus, the City’s standards development permitting process would ensure that the proposed Project would not generate on-site operational noise that would exceed noise standards. Therefore, impacts would be less than significant (Draft Supplemental EIR at pp. 5.9-19 through 5.9-21). Onsite Traffic Operational Noise. Future residents at the Project site would be exposed to mobile traffic noise along Bristol Street, MacArthur Boulevard, Sunflower Avenue, and Plaza Drive. Table 5.9-17 shows that noise levels along these roadways would be up to 68.8 dBA (along Bristol Street from MacArthur Boulevard to Callen’s Common) at 100 feet from the roadway centerline. At 70 feet, traffic noise would be approximately 71 dBA. However, this does not account for intervening structures and changes in altitude, as residences would be above commercial and retail uses. Therefore, the potential for the proposed Project to exceed the City’s 65 dBA exterior and 45 dBA interior General Plan noise standards (based on an outdoor to indoor attenuation rate of 25 dB) cannot be excluded, and noise-reduction features, acoustical designs for the proposed residential buildings, and enforcement of the California Uniform Building Code would be required. However, Condition of Approval NOI-1 is included to require a detailed acoustical study demonstrating that all residential units would meet the City’s General Plan 65 dBA exterior and 45 dBA interior noise standards by incorporating applicable noise reduction features. Compliance with Condition of Approval NOI-1 would ensure that the proposed Project meets the applicable City and state standards (Draft Supplemental EIR at pp. 5.9-13-29 through 5.9-30). Condition of Approval: COA N-1: On site Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The City Council 22 – 113 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 69 CEQA Findings of Fact September 2024 acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Mitigation Measures: GPU FEIR MM N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. City Council 22 – 114 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 70 CEQA Findings of Fact September 2024 • During the entire active construction period and to the extent feasible, the use of noise- producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building and Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors: Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive. Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds). Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors: Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1. Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences. City Council 22 – 115 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 71 CEQA Findings of Fact September 2024 Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. G. Tribal Cultural Resources Impact Finding: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historic resources as defined in Public Resources Code Section 5020.1(K) (Draft Supplemental EIR at p. 5.14-7). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The City sent letters to 20 Native American representatives identified by NAHC, notifying them of the proposed Project in accordance with SB 18 and AB 52. The City consulted with each tribe that requested consultation. During the course of the tribal consultation process, no Native American tribe provided the City with substantial evidence indicating that tribal cultural resources, as defined in PRC Section 21074, are present on the Project site or have been found previously on the Project site. However, due to the Project site’s location in an area where Native American tribes are known to have a cultural affiliation, there is the possibility that archaeological resources, including tribal cultural resources, could be encountered during ground disturbing construction activities. As such, Project-specific Mitigation Measures TCR-1 through TCR-3 would be implemented to require Native American monitoring during any ground disturbing activities on the Project site and to avoid potential impacts to tribal cultural resources that may be unearthed by Project construction activities. With implementation of GPU FEIR Mitigation Measures CUL-4 and CUL-6 and Project-specific Mitigation Measures TCR-1 through TCR-3, impacts to tribal cultural resources would be less than significant. Therefore, impacts related to Project buildout of the site would be consistent with the impact conclusions set forth in the GPU FEIR, which determined that impacts related to tribal cultural resources would be less than significant with the incorporation of mitigation (Draft Supplemental EIR at p. 5.14-7). Mitigation Measures: GPU FIER Mitigation Measure CUL-4: As listed previously. GPU FIER Mitigation Measure CUL-6: As listed previously. Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/definition and/or required in connection with the proposed Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, City Council 22 – 116 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 72 CEQA Findings of Fact September 2024 pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground- disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). City Council 22 – 117 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 73 CEQA Findings of Fact September 2024 D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Impact Finding: The Project would not cause a substantial adverse change in the significance of a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, that considers the significance of the resource to a California Native American tribe (Draft Supplemental EIR at p. 5.14-7). Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effect identified in the Draft Supplemental EIR. Facts in Support of Findings: The Project site has been heavily disturbed to substantial depths. The proposed Project involves excavation; however, no substantial evidence exists that TCRs are present in the Project site. Although, no TCRs have been identified, during the SB 18/AB 52 consultation, the Gabrieleño Band of Mission Indians – Kizh Nation stated that the Project lies within its ancestral tribal territory within a potentially sensitive area. Therefore, to avoid potential adverse effects to tribal cultural resources, Mitigation Measure TCR-1 has been included to provide for Native American resource sensitivity training, monitoring, and to prescribe activities should any inadvertent discoveries of tribal cultural resources be unearthed by Project construction activities. Additionally, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. Therefore, with implementation of Mitigation Measure TCR-1 and the existing regulations, impacts to TCRs would be less than significant (Draft Supplemental EIR at pp. 5.14-7 through 5.14-8). Mitigation Measures: GPU FIER Mitigation Measure CUL-4: As listed previously. GPU FIER Mitigation Measure CUL-6: As listed previously. Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. As listed previously. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- Funerary/Non-Ceremonial). As listed previously. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects. As listed previously. City Council 22 – 118 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 74 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 119 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 75 CEQA Findings of Fact September 2024 SECTION V RESOLUTION REGARDING SIGNIFICANT AND UNAVOIDABLE ENVIRONMENTAL IMPACTS Public Resources Code section 21002 states that “it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects. The Legislature further finds and declares that in the event specific economic, social, or other conditions make infeasible such project alternatives or such mitigation measures, individual projects may be approved in spite of one or more significant effects thereof.” Section 15364 of the State CEQA Guidelines defines “feasible” as “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” The City Council hereby finds that, despite the incorporation of feasible measures outlined in the Final Supplemental EIR, the following impacts cannot be fully mitigated to a less than significant level. Despite these significant and unavoidable impacts, the City nevertheless approves the Project because of the benefits described in the Statement of Overriding Considerations included herein. M. Air Quality Impact Finding: The Project would result in a conflict with or obstruct implementation of the applicable air quality plan (Draft Supplemental EIR at p. 5.1-23). Facts in Support of Findings: The SCAQMD’s 2022 AQMP is the applicable air quality plan for the proposed Project. Pursuant to Consistency Criterion No. 1, projects that are consistent with the regional population, housing, and employment forecasts identified by SCAG are considered to be consistent with the AQMP growth projections, since the forecast assumptions by SCAG forms the basis of the land use and transportation control portions of the AQMP that result in air quality emissions. As shown on Table 5.10-8 (Section 5.10, Population and Housing, of the Draft Supplemental EIR), the Project buildout of 9,238 residents would be 48 percent of the GPU FEIR buildout for the South Bristol Street Focus Area, and population growth from the proposed Project would not exceed the growth identified in the GPU FEIR. Also, as shown on Draft Supplemental EIR Table 5.10-9, the proposed Project would result in a total of 1,092 employees at buildout and full occupancy. These employees would consist of approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed the growth identified in the GPU FEIR. Therefore, the proposed Project would be within and consistent with SCAG’s growth projections, and within the growth assumptions of the AQMP. Thus, the proposed Project would comply with AQMD AQMP Consistency Criterion No. 1. Regarding Consistency Criterion No. 2, which evaluates the potential of the proposed Project to increase the frequency or severity of existing air quality violations; an impact would occur if the long-term emissions associated with the proposed Project would exceed SCAQMD’s regional significance thresholds for emissions of NOx and ROG. Although GPU FEIR Mitigation Measure AQ- City Council 22 – 120 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 76 CEQA Findings of Fact September 2024 1 1 and Project Mitigation Measure AQ-1 requires the off-road construction equipment greater than 50 horsepower to meet CARB Tier 4 Final emission standards, and Project specific Mitigation Measure AQ-1 provides for construction exhaust and dust controls, construction emissions associated with NOx would remain above the SCAQMDs threshold. Also, Mitigation Measure AQ-3 requires a Transportation Demand Management (TDM) program, Mitigation Measure AQ-4 prohibits fireplaces, and Mitigation Measure AQ-6 requires the Project to use “Super-Compliant” low VOC paints to reduce operational ROG emissions. However, ROG emissions during operation of the Project at buildout would remain above the SCAQMD’s threshold. There are no feasible mitigation measures that would reduce NOx and ROG emissions to below the SCAQMD thresholds. Therefore, the proposed Project would result in an impact related to Consistency Criterion No. 2. As a result, impacts related to consistency with the AQMP would be significant and unavoidable. This is consistent with the impacts identified in the GPU FEIR. Overall, despite the proposed Project’s consistency with SCAG’s regional growth forecasts and the GPU buildout of the South Bristol Street Focus Area per the DC-5 designation, the proposed Project would lead to increased regional air quality operational emissions that would exceed thresholds. Therefore, the proposed Project would result in a conflict with, or obstruct, implementation of the AQMP and impacts would be significant and unavoidable after implementation of mitigation measures that are detailed below. This finding is consistent with the findings of the GPU FEIR related to criteria emissions. (Draft Supplemental EIR at pp. 5.1-23 through 5.1-24). Impact Finding: The Project would result in a cumulatively considerable net increase of a criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (Draft Supplemental EIR at p. 5.1-24). Facts in Support of Findings: Construction Draft Supplemental EIR Table 5.1-8 provides the maximum daily unmitigated emissions of criteria air pollutants from construction of Phase 1 of the proposed Project and shows that SCAQMD thresholds would be exceeded for NOx and ROG (VOC). The GPU FEIR Mitigation Measure AQ- 11 and Project Mitigation Measure AQ-1 requires the off-road construction equipment greater than 50 horsepower to meet CARB Tier 4 Final emissions standards in order to reduce diesel exhaust construction emissions. Project specific Mitigation Measure AQ-2 requires the proposed Project to use “Super-Compliant” low VOC paints to reduce ROG emissions to less than significant levels. Draft Supplemental EIR Table 5.1-9 shows that despite the implementation of mitigation, construction emissions associated with NOx during Phase 1 of construction would remain above the SCAQMD’s threshold. Therefore, criteria emissions impacts related to construction of Phase 1 would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-24). Overlapping Construction and Operation Emissions. Phase 1 Operations + Phase 2 Construction. Phase 1 has the potential to be operational during Phase 2 construction. Draft Supplemental EIR Table 5.1-18 shows the overlapping emissions would exceed SCAQMD threshold for ROG and NOx and that Mitigation Measures AQ-1 through AQ-6 City Council 22 – 121 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 77 CEQA Findings of Fact September 2024 would be required. Draft Supplemental EIR Table 5.1-19 shows that overlapping emissions would continue to exceed SCAQMD thresholds for ROG after implementation of Mitigation Measures AQ- 1 through AQ-7. The majority of the proposed Project’s ROG emission exceedances are from consumer products that the City cannot control emissions of; and therefore, cannot feasibly be reduced below the SCAQMD thresholds. As a result, impacts from overlapping emissions of Phase 1 operations and Phase 2 construction would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-29) Phase 1 Operations + Phase 2 Operation + Phase 3 Construction. Phase 1 and Phase 2 have the potential to be operational during Phase 3 construction. Draft Supplemental EIR Table 5.1-21 shows that overlapping emissions would continue to exceed SCAQMD thresholds for ROG and NOx after implementation of Mitigation Measures AQ-1 through AQ-7. As detailed previously, the majority of the proposed Project’s emission exceedances are from consumer product and mobile sources and cannot feasibly be reduced below the SCAQMD thresholds. Emissions from motor vehicles are controlled by state and federal standards and the City and proposed Project have no control over these standards. Therefore, impacts from overlapping emissions of Phases 1 and 2 operations and Phase 3 construction would be significant and unavoidable (Draft Supplemental EIR at p. 5.1-30). Buildout Operational Emissions The mitigated operational emissions from Phase 1, Phase 2, Phase 3 combined are provided in Draft Supplemental EIR Table 5.1-22, which shows that after implementation of Mitigation Measures AQ-1 through AQ-7 the net increase in operational emissions from the proposed Project at buildout would exceed thresholds for ROG. ROG emissions are generated from consumer products, the emissions of which are not controlled by either the City or the applicant. Therefore, operational air quality impacts would remain significant and unavoidable after implementation of mitigation. (Draft Supplemental EIR at pp. 5.1-30 through 5.1-31). N. Parks and Recreation Impact Finding: The Project would result in substantial adverse physical impacts associated with the provisions of new or altered park facilities, the construction of which could cause significant environmental impacts (Draft Supplemental EIR at p. 5.12-5). Facts in Support of Findings: As described in Draft Supplemental EIR Section 5.10, Population and Housing, the proposed Project is to result in 9,238 residents at full occupancy. This would increase demand for park and recreational facilities. Based on the GPU policy to attain 3 acres of parkland per every 1,000 residents, the proposed Project would result in a demand for approximately 27.7 acres of parkland, to support these additional populaces. The proposed Project would meet a portion of this increased need through provision of approximately 13.1 acres of public open space. In addition, each of the buildings with residential units would include private recreation facilities for residents. Future developments pursuant to the Specific Plan would provide public and private open space amenities at a ratio of 200 SF per unit, such as open space rooftop areas, tot lots, pools and spas, courtyards, fitness areas, dog runs, etc. City Council 22 – 122 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 78 CEQA Findings of Fact September 2024 Private open space areas, such as balconies and patios, would be provided at a ratio of 50 SF per unit, which is included in the 200 SF per unit requirement. Based on the ratio of 200 SF of open space per dwelling unit, buildout of the Specific Plan would include approximately 17.21 acres of public and private open space. Of that, approximately 187,500 SF (4.3 acres) of private open space would be provided based on the ratio of 50 SF per unit. Therefore, approximately 41.8 percent of the 41.13-acre Project site would be dedicated to public and private opens space amenities to meet the proposed Project’s demands. Thus, onsite private and public amenities are anticipated to meet most of the park and recreation needs of Project residents. The proposed Project would require 14.6 acres of public parkland beyond the 13.1 acres proposed by the Project and 10.49 acres of combined public and private recreational amenities beyond that which is required by the Related Bristol Specific Plan development standards. The City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents; and therefore, does not have existing sufficient land or Citywide parks and recreation facilities to support in meeting the City’s standard GPU policy as set forth in the findings of the GPU FEIR. Municipal Code Sections 35-108, 35-110, and 35-111 require that residential development fees be paid for the acquisition, construction, and renovation of park and recreation facilities prior to the issuance of a building permit for any construction which adds net residential units. Thus, the proposed Project would be required to comply with applicable Municipal Code requirements of 2 acres per 1,000 residents, which is less than the GPU policy of 3 acres per 1,000 residents, and/or pay development fees which would be used in part to acquire properties to build new park sites. In order to comply with the GPU policy, the proposed Project would require 27.7 acres of parkland or the dedication of approximately 67.3 percent of the Project site. While the proposed Project would provide approximately 17.21 acres of public and private open space onsite, inclusive of 13.1 acres of publicly accessible open space and facilities, and would comply with applicable Municipal Code requirements, the proposed Project would not provide 27.7 acres of parkland and recreation facilities onsite and would not meet the City of Santa Ana’s performance standard for parkland, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As discussed in the GPU FEIR, the City of Santa Ana is essentially fully built out and there is a lack of available vacant land to develop substantial new parks or expand existing facilities. Therefore, there would be no feasible mitigation measures that would be able to reduce the proposed Project’s contribution to significant impacts related to the City’s unsatisfactory level of resident to parkland ratio. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.12-5 through 5.1-6). Impact Finding: The Project would result in the increase of the use of existing neighborhood and regional parks or other recreational facilities such that a substantial physical deterioration of the facility would occur or be accelerated (Draft Supplemental EIR at p. 5.12-6). Facts in Support of Findings: As described in the previous finding, the proposed Project would provide 13.1 acres of onsite public parks as a part of the total 17.21 acres of open space and recreation facilities; and would be required to pay applicable fees pursuant to Municipal Code requirements, which would be used to maintain and improve other City parks and recreation facilities. However, as discussed within the GPU FEIR, the City of Santa Ana is currently parkland deficient and is not meeting the GPU policy of 3 acres per 1,000 residents. In addition, with buildout City Council 22 – 123 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 79 CEQA Findings of Fact September 2024 of the GPU, the existing parkland deficiency is expected to increase as additional residential units are constructed with limited parkland increases. Based on the California State Parks information for the Southern California region, the anticipated number of Project residents at full occupancy (9,238 residents), the distance and type of recreational facilities near the Project site, it is anticipated that the proposed Project would generate 1,543 additional park users two or more times per week, 1,275 additional park users about once per week, 1,903 additional park users once or twice per month, 2,254 additional park users several times a year, and 1,395 additional park users once or twice a year that would utilize the 69.8 acres of existing parks within 2 miles of the Project site and the 17.21 acres of parks and recreational facilities within the Project site. As the existing ratio of acreage of parks and recreational facilities to existing City population results in a parkland deficiency of approximately 154.44 acres, development of the proposed Project would continue to result in a deficiency in parkland throughout the City of Santa Ana. The Project proposes to provide approximately 1.4 acres of publicly accessible open space per 1,000 residents, which exceeds the approximately 1.2 acres per 1,000 residents currently existing within the City. Notwithstanding the Project’s provision of public open space in proportion greater than existing currently in the City, it is reasonably foreseeable that the proposed Project would result in the increased use of existing parks and recreational facilities in a manner that results in accelerated substantial physical deterioration of the facility. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at pp. 5.12-6 through 5.12-8). Impact Finding: The Project would include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment (Draft Supplemental EIR at p. 5.12-8). Facts in Support of Findings: As described above, the proposed Project proposes 17.21 acres of common and private open space and recreation facilities, including 13.1 acres of public open space. The project-level impacts of development of these recreational amenities are considered part of the impacts of the proposed Project as a whole and are analyzed throughout the various sections of this Supplemental EIR. For example, activities such as grading and construction, as required for the park and recreational components of this proposed Project, are analyzed in the Air Quality, Greenhouse Gas Emissions, Noise, and Transportation sections. In addition, the proposed Project would contribute park development fees pursuant to Municipal Code Sections 35-108, 35-110, and 35-111 to be used towards the future expansion or maintenance parks and recreational facilities. However, the proposed Project’s provision of parkland would not meet the 27.7 acres of parkland based on the GPU policy of 3 acres of parkland for every 1,000 residents, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As such, the proposed Project could require the construction or expansion of recreational facilities, the construction of which could result in significant impacts. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR (Draft Supplemental EIR at p. 5.12-8). City Council 22 – 124 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 80 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 125 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 81 CEQA Findings of Fact September 2024 SECTION VI RESOLUTION REGARDING CUMULATIVE IMPACTS The City hereby finds that cumulative impacts have been identified in the Supplemental EIR, and are summarized below. A. Aesthetics The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana, as defined under Public Resources Code section 21099. Thus, the proposed Project’s aesthetic impacts are not considered significant on the environment pursuant to Public Resources Code section 21099. (Draft Supplemental EIR at p. 5.16-7.) As a result, the proposed Project has a less than significant cumulative impact on the visual character and scenic resources within the City. B. Agriculture and Forestry Resources The Project site is developed for urban uses and located in an area that is completely developed for urban uses. The California Department of Conservation Important Farmland mapping identifies the Project site as Urban and Built-Up land (CDC 2023). No areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance would be affected by the proposed Project or converted to a non-agricultural use. The Project site is zoned General Commercial (C-2) north of Callen’s Common and Commercial Residential (CR) and General Commercial (C-2) south of Callen’s Common, is not in a Williamson Act contract, and the vicinity is void of agricultural use, forest land, or timberland. (Draft Supplemental EIR at p. 5.16-8.) The Project would have no impact on agriculture and forestry resources. As a result, no cumulative impact would occur. C. Air Quality Per SCAQMD’s methodology, if an individual project would result in air emissions of criteria pollutants that exceeds the SCAQMD’s thresholds for project-specific impacts, then it would also result in a cumulatively considerable net increase of these criteria pollutants. Mitigated emissions from construction would exceed regional thresholds for NOx, and mitigated overlapping construction and operational activities would result in exceedance of regional thresholds for ROG and NOx. Also, mitigated regional operational emissions of ROG would exceed thresholds at buildout of the proposed Project. The large majority of operational-source NOx emissions (by weight) would be generated by vehicle emissions that neither Project applicants nor the City have the ability to reduce. The majority of the proposed Project’s ROG emission exceedances are from use of consumer products that the City cannot control emissions of; and therefore, cannot feasibly be reduced below the SCAQMD thresholds. As a result, NOx and ROG emissions from implementation of the proposed Project would be cumulatively considerable, and cumulative air quality impacts would be significant and unavoidable. (Draft Supplemental EIR at p. 5.1-43.) City Council 22 – 126 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 82 CEQA Findings of Fact September 2024 D. Biological Resources Development of cumulative projects could result in direct take of special-status species, construction and post-construction disturbances, special-status habitat conversion, and/or disruption of wildlife corridors. The Project site is heavily disturbed, graded, and is developed with 16 commercial buildings that are surrounded by paved surfaces, and is located within an urbanized area. No endangered, rare, threatened, or special status plant species (or associated habitats) or wildlife species designated by the U.S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), or California Native Plant Society are known to occur on or adjacent to the site. In addition, there are no riparian habitat or other sensitive natural communities as identified in local or regional plans, policies, or regulations, or by the CDFW or USFWS. The Project site does not contain federally protected wetlands or jurisdictional areas that would be subject to Section 404 of the Clean Water Act, nor does it contain or is adjacent to any wildlife corridors. The proposed Project would therefore have less than significant impacts to biological resources. (Draft Supplemental EIR at pp. 5.16-8 through 5.16-10.) However, as with the proposed Project, all future cumulative development would undergo environmental review on a project-by-project basis, to evaluate potential impacts to biological resources and ensure compliance with the established regulatory framework. As such, cumulative Project impacts on biological resources would be less than significant. E. Cultural Resources Historic Resources: The proposed Project’s contribution to cumulative impacts to historical resources was analyzed in context with past and reasonably foreseeable future projects in the City of Santa Ana and adjacent areas in Costa Mesa that were similarly influenced by the historical agricultural and then commercial and residential uses in the region. The cumulative impacts are evaluated in light of development projections in the City’s GPU and GPU FEIR that evaluates conditions contributing to the cumulative effect and describes that the South Bristol Street Focus Area has a low potential to contain built environment historical resources. The record searches and field surveys indicate that there are no structures on the Project site or adjacent properties that would qualify as historic resources, and no impacts related to historic resources would occur. Therefore, implementation of the proposed Project would have no potential to contribute towards a significant cumulative impact to historical sites and/or resources. Thus, cumulative impacts from the proposed Project would be less than significant. Archaeological Resources: The cumulative study area for archaeological resources includes the Southern California region, which contains the same general prehistoric uses and migration trends as the Project area. The cumulative impacts are evaluated in light of development projections in the City’s GPU and GPU FEIR that evaluate conditions contributing to the cumulative effects to archaeological resources. There is a possibility that ground-disturbing activities during Project construction may uncover or disturb unknown archaeological resources. However, the proposed Project would implement GPU FEIR Mitigation Measures CUL-6 and Project-specific Mitigation Measures CR-1 and CR-2 that would reduce the potential impact to unknown resources to a less than significant level. The likelihood of uncovering multiple currently unknown resources within the Project site that is sufficient to create a significant cumulative impact is low given the built nature of the Project site and City of Santa Ana and few archaeological resources that have been found in City Council 22 – 127 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 83 CEQA Findings of Fact September 2024 the vicinity to date. With compliance with Project-specific mitigation, cumulatively considerable impacts would be less than significant. Disturbance of Human Remains: Mandatory compliance with the provisions of California Health and Safety Code Section 7050.5, Public Resources Code Section 5097 et seq., and CEQA Guidelines Section 15064.5 would assure that the Project, in addition to all development projects, treat human remains that may be uncovered during development activities in accordance with prescribed, respectful, and appropriate practices, thereby avoiding significant cumulative impacts. (Draft Supplemental EIR at p. 5.2-16.) F. Energy The geographic context for analysis of cumulative impacts regarding energy includes past, present, and future development within Southern California because energy supplies (including electricity, natural gas, and petroleum) are generated and distributed throughout the Southern California region. All development projects throughout the region would be required to comply with the energy efficiency standards in the Title 24 requirements. Additionally, some of the developments could provide for additional reductions in energy consumption by use of solar panels, sky lights, or other LEED type energy efficiency infrastructure. With implementation of the existing energy conservation regulations, cumulative electricity and natural gas consumption would not be cumulatively wasteful, inefficient, or unnecessary. Petroleum consumption associated with the proposed mixed uses would be primarily attributable to transportation, especially vehicular use. However, state fuel efficiency standards and alternative fuels policies (per AB 1007 Pavely) would contribute to a reduction in fuel use, and the Federal Energy Independence and Security Act and the State Long Term Energy Efficiency Strategic Plan would reduce reliance on non-renewable energy resources. For these reasons, the consumption of petroleum would not occur in a wasteful, inefficient, or unnecessary manner and would be less than cumulatively considerable. (Draft Supplemental EIR at pp. 5.3-15 through 5.3-16.) G. Geology and Soils For geology and soils, the cumulative study area consists of the area that could be affected by proposed Project activities and the areas affected by other projects whose activities could directly or indirectly affect the geology and soils of the project site. The cumulative impacts are evaluated in light of development projections in the recent City General Plan update and GPU FEIR. Site-specific development projects within Santa Ana and adjacent areas within the City of Costa Mesa are subject to uniform site-development policies and construction standards imposed by the Cities that are based on the state requirements in the CBC and site-specific geotechnical studies prepared to define site-specific conditions that might pose a risk to safety, such as those described previously for the proposed Project. While increases in the number of people and structures subject to unstable geologic units and soils would increase in the proposed Project and with cumulative development, given the application of CBC requirements by the City through the construction permitting process, the cumulative effects would be less than significant. City Council 22 – 128 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 84 CEQA Findings of Fact September 2024 Paleontological Resources: The geographic area of potential cumulative impacts related to paleontological resources includes areas that are underlain by similar geologic units from the same time period, which includes the Orange County region. A cumulative impact could occur if development projects incrementally result in the loss of the same types of unique paleontological resources. As detailed in the City’s GPU FEIR, the City, including the Project site, vary in paleontological sensitivity from low to high sensitivity increasing with depth. However, with incorporation of the GPU FEIR Mitigation Measures GEO-1 through GEO-3 and Project specific Mitigation Measures PALEO-1 through PALEO-5, which require paleontological monitoring and provides procedures for fossil recovery which would preserve the quality and integrity of these resources, avoid them when possible, and salvage and preserve them if avoidance is not possible. These measures would reduce the potential for the proposed Project to result in cumulatively considerable impacts to a less than significant level. Therefore, impacts would be less than cumulatively significant. (Draft Supplemental EIR at pp. 5.4-13 through 5.4-14.) H. Greenhouse Gas Emissions The analysis of GHG emission impacts under CEQA contained in the Supplemental EIR effectively constitutes an analysis of a project’s contribution to the significant cumulative impact of GHG emissions. State CEQA Guidelines Section 15183.5(b) states that compliance with GHG related plans can support a determination that a project’s cumulative effect is not cumulatively considerable. As the proposed Project would be implemented in compliance with applicable plans for the reduction of GHG emissions, detailed previously, the contribution of the proposed Project to significant cumulative GHG impacts would be less than cumulatively considerable. The majority of the proposed Project’s GHG emissions are generated by mobile emissions. The TDM program required by Mitigation Measure AQ-3 would reduce GHG emissions from commuting. Also, because the Project site is located within a TPA and a High Quality Transit Area with direct access to transit, bicycle, and pedestrian facilities, it would reduce VMT and the related GHG emissions. Further, the Project proposes a specific plan that would be consistent with the buildout assumptions and applicable development standards of the GPU. Therefore, impacts related to generation of GHG emissions from the proposed Project would be less than cumulatively significant with mitigation incorporated. In addition, because the proposed Project would not result in a conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of GHGs, it would not have the potential to cumulatively combine. Therefore, cumulative impacts related to a conflict with a policy for the purpose of reducing GHG emissions would not occur. (Draft Supplemental EIR at pp. 5.5-26 through 5.5-27.) I. Hazardous and Hazardous Materials The proposed Project’s contribution to cumulative impacts to hazards and hazardous was analyzed in context with past and foreseeably future projects in the City of Santa Ana and adjacent areas in Costa Mesa that are similarly affected by hazardous soil conditions, LUST conditions, asphalt contamination, and asbestos and lead containing building materials. Cumulative redevelopment and land use changes within the City would have the potential to expose future area residents, employees, and visitors to chemical hazards through redevelopment of sites and structures that may be contaminated from either historic or ongoing uses. The severity of potential hazards for individual projects would depend upon the location, type, and size of development and the specific hazards City Council 22 – 129 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 85 CEQA Findings of Fact September 2024 associated with individual sites. The closest cumulative development project is located across Bristol Street at the southeast corner of Bristol Street and MacArthur Boulevard, approximately 129 feet from the Project site. The cumulative project across Bristol Street is a renovation of the existing Chick-Fil-A restaurant and would not include extensive redevelopment of the area. It is unlikely that similar construction activities involving hazardous materials would occur simultaneously that could have the potential to cumulatively contribute to an impact. All hazardous materials users and transporters, as well as hazardous waste generators and disposers are subject to regulations that require proper transport, handling, use, storage, and disposal of such materials to ensure public safety, which are verified by the City during the construction and development permitting process. Thus, if hazardous materials are found to be present on present or future project sites appropriate remediation activities would be required pursuant to standard federal, state, and regional regulations. Mitigation Measure HAZ-1 would be implemented to ensure that hazardous soil from the site would be handled and disposed of pursuant to existing regulations, which would reduce the potential of the proposed Project to result in a hazard that could cumulatively combine. Further, compliance with the relevant federal, state, and local regulations during the construction and operation of related projects would ensure that cumulative impacts from hazardous materials and emergency response/evacuation would be less than significant. (Draft Supplemental EIR at p. 5.6- 29.) J. Hydrology and Water Quality Water Quality: The geographic scope for cumulative impacts related to hydrology and water quality includes the Santa Ana Watershed and the Newport Back Bay because cumulative projects and developments pursuant to the proposed Project could incrementally exacerbate the existing impaired conditions and could result in new pollutant related impairments. Related developments within the watershed would be required to implement water quality control measures pursuant to the same NPDES General Construction Permit that requires implementation of a SWPPP (for construction), a WQMP (for operation) and BMPs to eliminate or reduce the discharge of pollutants in stormwater discharges, reduce runoff, reduce erosion and sedimentation, and increase filtration and infiltration, in areas permitted. The NPDES permit requirements have been set by the State Water Board and implemented by the RWQCB and the Orange County DAMP to reduce incremental effects of individual projects so that they would not become cumulatively considerable. Therefore, overall potential impacts to water quality associated with present and future development in the watershed would not be cumulatively considerable with compliance with all applicable laws, permits, ordinances and plans. As detailed previously, the proposed Project would be implemented in compliance with all regulations, as would be verified during the permitting process. Therefore, cumulative impacts related to water quality would be less than significant. Drainage: The geographic scope for cumulative impacts related to stormwater drainage includes the geographic area served by the existing stormwater infrastructure for the Project area, from capture of runoff through final discharge points. The proposed Project would result in a reduction in storm water runoff and includes installation of vegetated biotreatment systems that would filter and discharge runoff through storm drain connections to the offsite drainage infrastructure. The vegetated biotreatment systems would retain runoff and control drainage, pursuant to the required design storm. As a result, the proposed Project would not generate runoff that could combine with additional runoff from cumulative projects that could cumulatively combine to impact drainage. Thus, cumulative impacts related to drainage would be less than significant. City Council 22 – 130 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 86 CEQA Findings of Fact September 2024 Groundwater Basin: The geographic scope for cumulative impacts related to the groundwater basin is the Orange County Basin. The cumulative impacts are evaluated in light of development projections in the recent City General Plan update and GPU FEIR that evaluates conditions contributing to the cumulative effects to the groundwater basin. The volume of water that would be needed by the proposed Project is within the anticipated groundwater pumping volumes. Therefore, the proposed Project would not result in changes to the projected groundwater pumping that would decrease groundwater supplies. As a result, the proposed Project would not generate impacts related to the groundwater basin that have the potential to combine with effects from other projects to become cumulatively considerable. Therefore, cumulative impacts related to the groundwater basin would be less than significant. (Draft Supplemental EIR at pp. 5.7-18 through 5.7-19.) K. Land Use and Planning The cumulative study area for land use and planning includes the City of Santa Ana and nearby areas in the City of Costa Mesa. The vicinity of the Project site includes numerous projects within the City of Santa Ana and City of Costa Mesa. A large portion of these projects consist of multi-family residential, commercial, and office developments; which are similar, consistent, and complementary to the proposed Specific Plan mixed-use development. The proposed Project would not physically divide an established community. Therefore, the proposed Project would not have the potential to have a cumulatively considerable impact related to physically dividing communities. Also, the proposed Project would implement the GPU land use designation of the Project site and South Bristol Street Focus Area objectives. The site is located within a TPA and a High-Quality Transit Corridor, and the proposed Project is consistent with the SCAG’s 2020 Connect RTP/SCS. The proposed Project is consistent with the SNA AELUP policies. Also, the proposed Project is consistent with all of the relevant GPU goals and policies. Furthermore, the proposed zone change would provide consistency with the existing GPU land use designation and focus area development objectives. Because the proposed Project would implement the GPU and would not result in conflicts with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the proposed Project, which has the purpose of avoiding or mitigating an environmental effect, the proposed Project would not cumulatively contribute to such an impact that could occur from related projects. As a result, cumulative impacts related to land use and planning from the proposed Project would not be cumulatively considerable. (Draft Supplemental EIR at p. 5.8-48.) L. Mineral Resources The Project would have an impact on mineral resources because there are no known mineral resources present on the Project site nor is the Project site located within an area known to contain locally important mineral resources. (Draft Supplemental EIR at p. 5.6-10.) No cumulative impacts would occur. M. Noise Cumulative noise assessment considers development of the proposed Project in combination with ambient growth and other development projects within the vicinity of the proposed Project. As noise is a localized phenomenon, and drastically reduces in magnitude as distance from the source City Council 22 – 131 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 87 CEQA Findings of Fact September 2024 increases, only projects and ambient growth in the nearby area could combine with the proposed Project to result in cumulative noise impacts. Development of the proposed Project in combination with the related projects would result in an increase in construction-related and traffic-related noise. However, each of the related projects would be subject to the operational noise standards established in Section 18-313 of the City’s Municipal Code, which establishes the allowable exterior noise standards for various types of land uses in the City. In addition, Section 18-314 of the City’s Municipal Code allows for construction activities to be exempt from the noise standards set forth in Sections 18-312 and 18-313 of the City’s Municipal Code as long as these activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or anytime on Sunday or a federal holiday. In addition, the City of Tustin has a similar municipal code requirement related to construction noise. Construction noise is localized in nature and decreases substantially with distance. Consequently, in order to achieve a substantial cumulative increase in construction noise levels, more than one source emitting high levels of construction noise would need to be in close proximity to the proposed Project. The nearest development projects to the Project site include the South Coast Village Mixed-Use project that is adjacent to the southwest of the Project site and the Chick-Fil-A expansion project that is across Bristol Street to the northeast of the Project site. The Chick-Fil-A expansion project is currently in plan check and completion of construction of that project would likely be completed by the time construction of Phase 1 of the proposed Project commences. The South Coast Village Mixed- Use project is still in the early stages of entitlement. Therefore, there is potential that construction of the South Coast Village Mixed-Use project overlaps with construction of Phase 1 of the proposed Project. However, due to the size of the Project site, varying locations onsite where construction would occur, and the limited offsite construction noise levels that would be generated from the proposed Project, it would not combine to become cumulatively considerable, and cumulative noise impacts associated with construction activities would be less than significant. Cumulative construction could also result in the exposure of people to or the generation of excessive groundborne vibration. The proposed Project would result in limited vibration at 25 and 50 feet from construction activities. Due the rapid attenuation of groundborne vibration, the size of the Project site, and the location of the nearest project and limited potential for overlapping construction, the proposed Project would not result in vibration that could combine with other development projects. Thus, the proposed Project would not contribute to cumulative vibration impacts and impacts would be less than significant. Stationary noise sources that would be generated by the proposed Project would result in noise levels that would be below the existing City noise standards. Because the Project site is surrounded by roadways and proposed buildings and parking structures are setback from roadways, noise from the site would attenuate to diminish, and would not combine with other stationary sources of adjacent uses. Thus, stationary noise sources from the proposed Project would result in impacts that are less than cumulatively significant. Cumulative mobile source noise impacts would occur primarily as a result of increased traffic on local roadways due to the proposed Project and related projects within the study area. Therefore, cumulative traffic-generated noise impacts have been assessed based on the contribution of the proposed Project in the Project buildout condition. Cumulative increases in traffic noise levels were estimated by comparing the existing and Project buildout without and with Project scenarios. The City Council 22 – 132 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 88 CEQA Findings of Fact September 2024 volume of traffic generated by the proposed Project on MacArthur Boulevard, between SR-55 SB Ramps and SR-55 NB Ramps, would exceed 1.5 dBA for an ambient noise environment of 65 dBA and higher when comparing Year 2045 With proposed Project conditions to existing conditions. However, the proposed Project’s incremental contribution would be 0.1 dBA (i.e., far below a 3.0 barely perceptible increase and below the City’s 1.5 dBA increase). Therefore, although related cumulative projects and growth would increase traffic noise levels along this segment, the proposed Project’s incremental effects would be less than cumulatively significant. The GPU FEIR identified significant and unavoidable impacts for traffic noise; but did not analyze this segment of MacArthur Boulevard. However, GPU FEIR Figure 5.12-5 and Figure 5.12-10 show that this segment of MacArthur Boulevard (between SR-55 SB Ramps and SR-55 NB Ramps) is also within the 70+ dBA contour of SR-55). Therefore, the year 2045 noise level of 69.3 dBA would be lower than the SR-55 traffic noise in this area. Overall, cumulative operational noise impacts from related projects, in conjunction with noise from the proposed Project would not be cumulatively considerable and cumulative traffic noise impacts would be less than significant. (Draft Supplemental EIR at pp. 5.9-32 through 5.9-36.) N. Population and Housing The geographic area in which cumulative impacts to population and housing would occur is the City of Santa Ana, and summary of projections utilized in this analysis of cumulative population and housing impacts is from the summary of the GPU Land Use Element and GPU Final EIR, which evaluates conditions contributing to the cumulative population and housing growth effects. Implementation of the proposed Project would result in 3,750 additional multi-family residential units and 200 senior living/continuum of care units, as well as 350,000 SF of retail uses and a 250- room hotel. The proposed residential units are within the GPU planned increase in residential units within the South Bristol Street Focus Area. The estimated 9,238 residents at buildout and complete occupancy (a conservative estimate as vacancy in the City is 3.5 percent) would be 48 percent of the GPU FEIR estimated buildout for the South Bristol Street Focus Area, and the 1,092 jobs would consist of 148 percent of the anticipated growth in jobs within the South Bristol Street Focus Area. Hence, the increase in population and housing that would occur from the proposed Project would not exceed those anticipated from buildout of the GPU, as identified in with the GPU Final EIR. Development of the proposed Project in combination with other development projects in the vicinity would result in a cumulative increase in population. However, the proposed Project’s portion of the cumulative increase is within those anticipated by the GPU Final EIR. Thus, the proposed Project would not generate any new or increased cumulative impacts related to population and housing. The addition of housing within the Project area would have a favorable effect on the jobs-housing balance, which could reduce environmental effects of long commute trips, such as air quality and greenhouse gas emissions. Also, infrastructure improvements to accommodate the proposed development on the Project site are based on the GPU development assumptions for the site. As a result, no extension of infrastructure would occur that could induce cumulative growth beyond that assumed with buildout of the GPU. Furthermore, infrastructure upgrades and extensions that may be included in related projects would not affect or be related to the proposed Project. Therefore, proposed Project impacts are less than cumulatively considerable, and therefore, less than significant. (Draft Supplemental EIR at pp. 5.10-11 through 5.10-12.) City Council 22 – 133 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 89 CEQA Findings of Fact September 2024 O. Public Services Fire Protection Service: The geographic context for cumulative fire protection and emergency services is the OCFA service area within the City of Santa Ana because the City owns and maintains the 10 existing fire stations within the City. Staffing of the fire stations is done through contracting with OCFA. Thus, augmenting the existing fire station facilities, equipment, and staffing is under the jurisdiction of the City. Like the proposed Project, buildout of the City pursuant to the GPU would involve redevelopment of existing lands for more intensive uses; and the projects would be reviewed by City and OCFA staff prior to permit approval to ensure that the projects implement fire protection design features per California building and fire code regulations that would reduce potential fire hazards. Cumulative increased demands for services would also be offset by the City of Santa Ana fire facilities fee that is required for each city development project. There are ten cumulative projects within Santa Ana in the Project vicinity that would combine to generate additional demands for OCFA services from the six City-owned fire stations located within approximately 4 miles of the Project site, including Stations 76 and 77 that are firstand second responding stations to the Project site. Four of the ten other projects include multi-family housing. The four other residential projects are anticipated to provide a total of 2,088 new residential units. Because six of the City’s ten existing fire stations are located approximately 4 miles of the Project site, and related projects would be subject to the same impact fees that provide funding for additional equipment and staffing, and fire safe construction requirements, impacts related to fire services from the proposed Project would not combine with other related projects to result in a cumulative impact related to the need for new or physically altered fire service facilities. Further, as disclosed in the GPU FEIR, fire vehicles, staff, equipment, and expansion of existing facilities would be funded by the 10-year cash contract with OCFA that is valid until 2030 and buildout pursuant to the GPU would result in less than significant impacts to fire protection services. Therefore, cumulative impacts associated with fire services would be less than cumulatively considerable. (Draft Supplemental EIR at pp. 5.11-6 through 5.11-7.) Police Services: The geographic context for cumulative police services is the area served by the City of Santa Ana Police Department. The proposed Project would result in an incremental increase in demands on law enforcement services and based on the Police Department’s 2022 staffing of 0.98 officers per thousand population, the proposed Project would require approximately 9 additional officers based on buildout of the proposed Project. These additional officers would be accommodated by the proposed administrative Police Department substation on the site. Table 5-1 of the Draft Supplemental EIR lists projects within the Police Department’s Southcoast District that would be served by the same Police Department patrol staffing. Because the proposed Project includes an administrative Police Department substation facility and payment of development impact fees, as required for all development projects, it would provide facilities to accommodate police protection demands from Project residents and residents in the vicinity of the proposed Project, including residents of other cumulative projects. The expansion of police services is funded by business taxes, property taxes, sales taxes, and utility users’ taxes that are generated by each development within the City. Additional Police Department personnel and associated equipment are provided through City’s the annual budget review process. Because the proposed Project would provide an administrative Police Department substation on the City Council 22 – 134 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 90 CEQA Findings of Fact September 2024 site and generate fees for future needed Police Department personnel and equipment, the law enforcement service-related impacts from the proposed Project would not combine with other related projects to result in a cumulatively considerable impact. The proposed Project would not combine with other development projects to require expansion or construction of new police facilities, which could result in a significant environmental effect. Therefore, cumulative impacts associated with police services would be less than significant, which would be consistent with the findings of the GPU FEIR. (Draft Supplemental EIR at p. 5.11-13.) School Services: The geographic context for cumulative impacts to schools is the Santa Ana Unified School District boundaries. The proposed Project and other development within the Santa Ana Unified School District could generate additional students resulting in the need to expand or construct new schools. At buildout, the proposed Project could generate approximately 1,678 additional students that would be accommodated by the existing schools with additional capacity available for cumulative projects. The attendance boundaries of Jefferson Elementary, McFadden Intermediate, Segerstrom High School include areas anticipating several multi-family residential development projects that are anticipated to generate additional students within the attendance boundaries of these schools. Thus, the proposed Project in combination with related projects would result in the exceedance of capacity at a minimum of two school facilities. Expansion of existing facilities are planned at both schools, and some of the existing and/or future students could transfer to other schools within the school district that have some capacity; however, one or more school facilities within the Santa Ana Unified School District may be over capacity with implementation of the proposed Project in combination with related projects. However, the state provided authority for school districts to assess impact fees for both residential and non-residential development projects. Fees collected in accordance with Government Code Section 65995(b) allow the Santa Ana Unified School District to plan and construct for future growth. Furthermore, the payment of those fees constitutes full mitigation for the impacts generated by new development, per Government Code Section 65995, which would reduce potential impacts related to the projects cumulative school service impacts to a less than significant level, which is consistent with the findings of the GPU FEIR. (Draft Supplemental EIR at p. 5.11-17.) Library Services: The geographic scope for cumulative library services is the City of Santa Ana, which is the area served by the existing City libraries. As described previously, library service needs have changed with resources being available online and the availability of high-speed internet services in residences, residential amenity areas, and commercial locations. Therefore, new development, such as the proposed Project, results in a limited need for library resources/services or square footage of library space. Although demand for library services may incrementally increase as cumulative development occurs through implementation of the GPU as discussed in the GPU FEIR, library use has declined due to the availability of online library materials and may continue to decline as the information available on the Internet increases exponentially over time (AEI, 2022). Thus, the combined effect of the proposed Project’s impacts related to libraries would not result in the need for a new or expanded library, the construction of which could result in significant impacts. Therefore, impacts from cumulative impacts associated with library services would be less than significant. (Draft Supplemental EIR at pp. 5.11-20 through 5.11-21.) City Council 22 – 135 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 91 CEQA Findings of Fact September 2024 P. Recreation The cumulative area of recreation impacts for the proposed Project includes the City of Santa Ana. The City currently has approximately 1.2 acres of public park and/or recreational space per every 1,000 residents which is below the City’s GPU policy parkland standard of 3 acres of parkland per 1,000 residents. Based on 3 acres of public park and/or recreational space per 1,000 residents, buildout of the proposed Project results in a need for approximately 27.7 acres of parkland to serve the 9,238 new residents of the Project site. The 13.1-acres of public parks provided onsite would be approximately 14.6 acres less than the 27.7 acres of public parkland required, and the overall provision of 17.21 acres of common or private open space would be 10.49 acres less than the City’s parkland standard. Therefore, the proposed Project would exacerbate the existing citywide parkland deficiency. Although the proposed Project and cumulative projects would be required to provide park and recreational facilities and/or pay in- lieu fees as required by the municipal code, there is a lack of available land to develop new parks or expand existing facilities and the proposed Project’s impacts related to the amount of parkland within the City would be cumulatively considerable and cumulative impacts related to parks and recreational facilities would be significant. (Draft Supplemental EIR at pp. 5.12-8 through 5.12-9.) Q. Transportation The cumulative traffic study area for the proposed Project includes the City of Santa Ana and the information utilized in this cumulative analysis is based on the potential to combine with impacts from projects in the vicinity of the proposed Project, and projections contained within the Santa Ana GPU and Orange County Transportation Analysis Model (OCTAM). Circulation System The proposed Project would connect to the existing circulation system and implement the City’s traffic engineering design standards. In addition, the proposed Project would provide new facilities to enhance the use of public transit, pedestrian, and bicycle mobility; and would not conflict with a plan, ordinance, or policy addressing circulation. Because the proposed Project would enhance facilities consistent with existing plans, it would not result in a cumulatively considerable impact. In addition, cumulative development in the City and surrounding jurisdictions would be subject to site- specific reviews, including reviews of sidewalk, bike lane, and bus stop designs that would not allow potential cumulatively considerable impacts related to alternative transportation. Therefore, the proposed Project would not cumulatively combine with other projects to result in impacts. Vehicle Miles Traveled The cumulative traffic study area for the proposed Project includes the City of Santa Ana. Pursuant to the City’s Traffic Impact Study Guidelines, a cumulative impact could occur if the proposed Project has the potential to increase the average VMT per service population of the City and is based on the projections provided in the City’s GPU and GPU FEIR. The Project site is located within a SCAG High Quality Transit Area and a Transit Priority Area, adjacent to seven OCTA bus stops, including a high quality bus stop for OCTA Route 57. Based on City, OPR, and CEQA Guidelines screening criteria, the proposed Project would not result in increasing the average VMT per service population of the City. Therefore, VMT impacts from the proposed Project would not be cumulatively considerable. In addition, as detailed previously, the proposed Project would implement a mix of complementary onsite uses that would reduce the need for traveling outside of the Project site and would implement a multi-modal circulation system of sidewalks, bicycle lanes, and transit that is City Council 22 – 136 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 92 CEQA Findings of Fact September 2024 intended to reduce VMT, which would also result in a less than cumulatively significant impact related to VMT. This finding is consistent with the GPU FEIR determination that VMT impacts would be less than significant from buildout of the GPU land use plan. Design and Emergency Access Hazards The proposed Project would not result in impacts related to incompatible uses, hazards due to roadway design, or emergency access. The proposed circulation layout would be required to be installed in conformance with City design standards that would be ensured through the City’s development permitting process to provide that no potentially hazardous design features or inadequate emergency access would be introduced by the proposed Project that could combine with potential hazards from other nearby projects. As the Project’s proposed improvements would be implemented in compliance with City traffic engineering standards and OCFA design standards, it would not result in an impact that could become cumulatively considerable. In addition, cumulative development in the City and surrounding jurisdictions would be subject to site-specific reviews, including reviews by building and fire protection authorities that would require compliance with existing building and fire code standards that limit the potential of other projects to result in cumulatively considerable design hazards. Therefore, potential impacts related to circulation design features and emergency access would not be cumulatively considerable. (Draft Supplemental EIR at pp. 5.13-24 through 5.13-25.) R. Tribal Cultural Resources The cumulative study area for tribal cultural resources includes the Southern California region, which contains the same general tribal historic setting of the Gabrieleño and Juaneno Tribes. Other projects in the vicinity of the proposed Project would involve ground disturbances that could reveal buried TCRs. Cumulative impacts to TCRs would be reduced by compliance with applicable regulations and consultations required by SB 18 and AB 52. The Project site and vicinity is not known to contain TCRs; however, Mitigation Measure TCR-1 would be implemented to ensure that impacts would not occur in the case of an inadvertent discovery of a potential TCR. This mitigation measure would ensure that the proposed Project would not contribute to a cumulative loss of TCRs. Therefore, cumulative impacts would be less than significant. (Draft Supplemental EIR at p. 5.14-8.) (Draft Supplemental EIR at p. 5.14-8.) S. Utilities and Service Systems Water: Cumulative water supply impacts are considered on a citywide basis and are associated with the capacity of the infrastructure system and the adequacy of the City’s infrastructure and primary sources of water that include groundwater pumped through City wells, deliveries of imported water from MWD, and recycled water from OCWD. Potential impacts related to water supply and infrastructure are based on the projections contained within the City’s GPU, GPU FEIR, 2015 UWMP, and 2020 UWMP. During construction of the proposed Project new water mains would be installed to serve the proposed buildings and landscaping, which would connect to improved offsite water mains that are adjacent to the Project site. The onsite water system has been designed for the proposed Project and would be served by existing and improved offsite infrastructure. The City requires that all City Council 22 – 137 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 93 CEQA Findings of Fact September 2024 water system improvements be confirmed through hydraulic studies to confirm compliance with engineering standards, and ensure that cumulative impacts do not occur. The WSA that was prepared for the proposed Project describes that the 2020 MWD UWMP details the ability to meet the demands of its member agencies, including the City of Santa Ana, through 2045. In addition, the City of Santa Ana 2015 UWMP, GPU FEIR, and 2020 UWMP confirmed the ability of the City to meet water needs in multiple dry year scenarios with buildout of the South Bristol Street Focus Area. Thus, the City would have water supplies available to serve the proposed Project and reasonably foreseeable development in normal, dry, or multiple dry years. Impacts related to a cumulatively considerable increase in water supply demands would be less than significant. (Draft Supplemental EIR at p. 5.15-12.) Wastewater: Cumulative wastewater infrastructure impacts are considered on a systemwide basis and are associated with the overall capacity of existing and planned infrastructure. The cumulative system evaluated includes the sewer system that serves the Project site and conveys wastewater to the OCSD wastewater treatment and disposal system. With the proposed Project, the sewer system would have sufficient capacity to handle the increased flows resulting from implementation of the proposed Project. The continued regular assessment, maintenance, and upgrades of the sewer system by the City and OCSD would reduce the potential of cumulative development projects to result in a cumulatively substantial increase in wastewater such that new or expanded facilities would be required. Thus, increases in wastewater in the sewer system would result in a less than significant cumulative impact. (Draft Supplemental EIR at p. 5.15- 16.) Drainage: The geographic scope for cumulative impacts related to stormwater drainage includes the geographic area served by the existing stormwater infrastructure for the Project area, from capture of runoff through final discharge points. The proposed Project would result in a reduction in stormwater runoff from the Project site. As a result, the proposed Project would not generate additional runoff that could combine with runoff from cumulative projects that could cumulatively combine to impact drainage. Thus, cumulative impacts related to drainage would be less than significant. (Draft Supplemental EIR at p. 5.15-21.) Solid Waste: The geographic scope of cumulative analysis for landfill capacity is the service area for the Frank Bowerman Sanitary Landfill, which serves the Project area. The projections of future landfill capacity based on the entire projected waste stream going to these landfills is used for cumulative impact analysis. As described previously, the Frank Bowerman Sanitary Landfill has a maximum permitted capacity of 11,500 tons per day and in March 2023 had a maximum disposal of 8,909 tons and a remaining capacity of 2,591 tons per day (CalRecycle 2023). The 124.24 tons of solid waste per week from operation of the proposed Project would be 4.8 percent of the remaining daily capacity of the landfill. Due to this small percentage, the increase in solid waste from the proposed Project would be less than cumulatively considerable and would be less than significant. (Draft Supplemental EIR at pp. 5.15-24 through 5.15.-25.) City Council 22 – 138 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 94 CEQA Findings of Fact September 2024 T. Wildfire According to the CAL FIRE Fire Hazard Severity Zone map, the Project site is not within an area identified as a Fire Hazard Area that may contain substantial fire risk or a Very High Fire Hazard Severity Zone (VHFHSZ) (Cal Fire 2023). The Project site and surrounding area are currently developed, and therefore lack the combustible materials and vegetation necessary for the uncontrollable spread of a wildfire. The proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan, or exacerbate wildfire risks. The Project does not require the installation or maintenance of associated infrastructure that would exacerbate fire risk or that would result in impacts to the environment. (Draft Supplemental EIR at pp. 5.16-10 through 5.16-11.) Thus, the Project would have less than significant impacts on wildfire risks, and no cumulative impacts would occur. City Council 22 – 139 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 95 CEQA Findings of Fact September 2024 SECTION VII RESOLUTION REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Section 15126.2(c) of the CEQA Guidelines requires that an EIR discuss “any significant irreversible environmental changes which would be involved in the proposed action should it be implemented.” Generally, a project would result in significant irreversible environmental changes if one of the following scenarios is involved: • The project would involve a large commitment of nonrenewable resources. • Irreversible damage can result from environmental accidents associated with the project. • The proposed consumption of resources is not justified (e.g., the Project results in the wasteful use of energy). The Project would result in or contribute to the following irreversible environmental changes: • Lands in the Project area that are currently developed with commercial uses would be re- committed to multi-family residential and commercial retail uses once the proposed buildings are constructed. Secondary effects associated with this irreversible commitment of land resources include: o Increased vehicle miles traveled on area roadways (Draft Supplemental EIR Section 5.13, Transportation). o Emissions of air pollutants and greenhouse gas emissions associated with Project construction and operation (Draft Supplemental EIR Section 5.1, Air Quality). o Consumption of non-renewable energy associated with construction and operation of the proposed Project due to the use of automobiles, lighting, heating and cooling systems, appliances, and the like (Draft Supplemental EIR Section 5.3, Energy). o Increased ambient noise associated with an increase in activities and traffic from the Project (Draft Supplemental EIR Section 5.9, Noise). In regard to energy usage from the proposed Project, as demonstrated in the analyses contained in Draft Supplemental EIR Section 5.3, Energy, the proposed Project would not involve wasteful or unjustifiable use of non-renewable resources, and conservation efforts would be enforced during construction and operation of proposed development. The proposed development would incorporate energy-generating and conserving project design features, including those required by the California Building Code, California Energy Code Title 24, which specify green building standards for new developments. (Draft Supplemental EIR, pp. 5.16-6 through 5.16-7.) City Council 22 – 140 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 96 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 141 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 97 CEQA Findings of Fact September 2024 SECTION VIII RESOLUTION REGARDING GROWTH-INDUCING IMPACTS AND COMMITMENT OF RESOURCES Draft Supplemental EIR Section 5.16, Mandatory Findings of Significance, evaluates the potential for the proposed Project to affect economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Employment Related Growth As detailed in Draft Supplemental EIR Section 5.10, Population and Housing, the Project is anticipated to generate approximately 1,092 employees at full occupancy, which would be approximately 14 percent of the GPU projected increase in employment from buildout of the South Bristol Street Focus Area. Therefore, employment growth from buildout of the proposed Project would not exceed the growth identified in the GPU Final EIR, and impacts related to employment growth would be less than significant (Draft Supplemental EIR, pp. 5.10-8 through 5.16-9) Infrastructure Obstacles to Growth The proposed Project would redevelop the existing onsite infrastructure systems and provide an offsite sewer line improvement that would connect to the existing offsite systems that currently serve the Project site. The new infrastructure would not provide additional capacity beyond what is needed to serve the proposed Project. In addition, because the Project is within a developed area that is receiving services from existing infrastructure and would connect to the existing infrastructure, development of the proposed Project would not result in an expansion of overall capacity, extension of infrastructure, or provision of services in areas or an unserved area. Therefore, infrastructure improvements would not result in significant growth inducing impacts (Draft Supplemental EIR, pp. 5.10-10 through 5.16-11) Land Development Regulation Obstacles to Growth The proposed Project includes amendments to the zoning code to allow for the redevelopment of the site to provide the proposed mixed-use development. The Project includes a proposed zoning change from Regional Commercial (C-2) and General Commercial (CR) to the Related Bristol Specific Plan District which would also provide specific development regulations for the mixed-use Project. The proposed Project is redevelopment of an already developed area that has been used for urban uses since 1972 and is surrounded by urban development or areas planned for urban development. The proposed Project would involve a change to development regulations and would result in onsite residents and additional onsite employees. However, the zoning change is parcel specific and would result in growth that is consistent with the General Plan. Thus, changes to the Project site’s zoning designation would not result in removing an obstacle to growth within the Project vicinity. City Council 22 – 142 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 98 CEQA Findings of Fact September 2024 In addition, the Project’s consistency with SCAG policies regarding regional growth-inducement are evaluated in Draft Supplemental EIR Section 5.8, Land Use and Planning, and Section 5.10, Population and Housing. As described in those sections, the growth anticipated by SCAG’s projections are consistent with the increases in population (9,238 residents) and employees (1,092 employees) anticipated at full capacity of the Project. Therefore, impacts related to growth from changes in existing regulations pertaining to land development would be less than significant (Draft Supplemental EIR, pp. 5.8-20 through 5.8-43 and 5.10-10 through 5.10-11) Public Service Obstacles to Growth The proposed Project is expected to incrementally increase the demand for fire protection and emergency response, police protection, and school services. However, as described in Draft Supplemental EIR Section 5.11, Public Services, the proposed Project would not require development of additional facilities or expansion of existing facilities to maintain existing levels of service. The Project would develop a police substation that would be able to accommodate the 9 additional officers required for the development. The proposed substation is analyzed as part of the proposed Project and would not result in any substantial impacts beyond those identified in the Draft Supplemental EIR associated with the construction and operation of the proposed Project. Therefore, an indirect growth inducing impact as a result of expanded or new public facilities that could support other development in addition to the proposed Project would not occur. The proposed Project would not have significant growth inducing consequences that would require the need to expand public services to maintain desired levels of service (Draft Supplemental EIR, pp. 5.11-5 through 5.11-20) Other Activities Related to Growth The proposed Project involves amendments to the City of Santa Ana Zoning Ordinance, but those amendments are specific to the allowable land uses on the Project site itself. The proposed Project does not propose changes to any of the City’s building safety standards (i.e., building, grading, plumbing, mechanical, electrical, or fire codes). The Project would comply with all applicable City plans, policies, and ordinances. In addition, Project features and mitigation measures have been identified within the Draft Supplemental EIR to ensure that the Project minimizes environmental impacts. The Project would not involve any precedent-setting action that could encourage and facilitate other activities that significantly affect the environment. Impacts of Growth All physical environmental effects from construction of development of the proposed Project have been analyzed in the Draft Supplemental EIR. For example, activities such as excavation, grading, and construction as required for the proposed mixed uses were analyzed in the Draft Supplemental EIR Sections 5.1, Air Quality, 5.6, Hazards and Hazardous Materials, and 5.9, Noise. Therefore, construction of the proposed Project has been analyzed in the Draft Supplemental EIR and would be adequately mitigated either through implementation of existing regulations and/or mitigation measures. The surrounding area is already urbanized and there is not many opportunities for additional growth. Further, the proposed infrastructure is only sized to serve the Project site or consistent with the City’s infrastructure plans and would not have capacity to serve additional City Council 22 – 143 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 99 CEQA Findings of Fact September 2024 development projects in the area. The Project would not individually or cumulatively encourage or facilitate substantial growth. Based on the foregoing analysis, the Project would not directly or indirectly result in substantial, adverse growth-inducing impacts. (Draft Supplemental EIR, pp. 5.16- 2 through 5.16-6.) City Council 22 – 144 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 100 CEQA Findings of Fact September 2024 This page was intentionally left blank. City Council 22 – 145 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 101 CEQA Findings of Fact September 2024 SECTION IX RESOLUTION REGARDING ALTERNATIVES The City of Santa Ana hereby declares that it has considered and rejected as infeasible the alternatives identified in the Supplemental EIR and described below. Section 15126.6 of the State CEQA Guidelines requires an EIR to describe a range of reasonable alternatives to the Project, or to the location of the Project, which could feasibly achieve most of its basic objectives, but would avoid or substantially lessen any of the significant effects identified in the EIR analysis. An EIR is not required to consider every conceivable alternative to a proposed project. Rather, an EIR must consider a reasonable range of alternatives that are potentially feasible; an EIR is not required to consider alternatives that are infeasible. In addition, an EIR should evaluate the comparative merits of the alternatives. Therefore, this section sets forth the potential alternatives to the Project analyzed in the Supplemental EIR and evaluates them in light of the objectives of the Project, as required by CEQA. Objectives The following objectives have been identified in order to aid decision makers in their review of the proposed Project and its associated environmental impacts. • Implement the vision and objectives established in the City of Santa Ana General Plan for the South Bristol Street Focus Area to create a southern gateway to the City. The South Bristol Street Focus Area objectives: o Capitalize on the success of the South Coast Metro area; o Introduce mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit oriented; o Realize an intense, multi-story presence along the Bristol Street corridor; and o Provide for mixed-use opportunities while protecting adjacent, established low density neighborhoods. • Allow for the flexible redevelopment of the underutilized Project site to provide a balanced mix of residential, retail, and hospitality uses in the South Bristol Street Focus Area that integrate into the existing urban systems and provide a safe and attractive environment for living and working, as encouraged by the GPU. • Transform an auto-oriented shopping plaza with large surface parking areas to a community which maximizes opportunities for onsite open space which can be accomplished through the provision of subsurface shared parking and intensity of land use permitted by the General Plan. • Develop high quality residential spaces that reflect modern lifestyles, while responding to the need for additional housing at a higher density in an area of the City planned for growth. • Develop a project with a mix of land uses that stimulate economic activity, commerce, and new housing opportunities in the South Bristol Street Focus Area. City Council 22 – 146 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 102 CEQA Findings of Fact September 2024 • Have a positive contribution to the local economy through new capital investment, the creation of new jobs, and the expansion of the tax base. • Create a walkable mixed-use development to encourage and enhance pedestrian activity within the Specific Plan area and the local community. • Enhance non-vehicular activity by providing onsite and offsite pedestrian and bicycle facilities that link with existing facilities and transit services. • Improve existing infrastructure to support the Related Bristol Specific Plan consistent with the General Plan conditions. • Provide a project that contributes to the creation of a vibrant urban core for the City and takes advantage of the site’s location within the South Coast Metro area. Provide a project that contains vibrant and attractive community amenities, recreational and open space areas, and gathering spaces that are directly accessible to residents and the community. • Provide community benefits commensurate with the Specific Plan development proposal including public open space onsite and locations for public community events, as well as streetscape improvements along the Project site frontages of MacArthur Boulevard, Bristol Street, Sunflower Avenue and South Plaza Drive. Alternatives Key provisions of the State CEQA Guidelines relating to the alternatives analysis (Section 15126.6 et seq.) are summarized below: • The discussion of alternatives shall focus on alternatives to the Project or its location that are capable of avoiding or substantially lessening any significant effects of the Project, even if these alternatives would impede to some degree the attainment of the Project objectives or would be more-costly. • The “No Project” alternative shall be evaluated along with its impact. The “No Project” analysis shall discuss the existing conditions, as well as what would be reasonably expected to occur in the foreseeable future if the Project is not approved. • The range of alternatives required in an EIR is governed by a “rule of reason”; therefore, the EIR must evaluate only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. • For alternative locations, only locations that would avoid or substantially lessen any of the significant effects of the Project need be considered for inclusion in the EIR. • An EIR need not consider an alternative whose effects cannot be reasonably ascertained and whose implementation is remote and speculative. Rationale for Selecting Potentially Feasible Alternatives The alternatives must include a no-project alternative and a range of reasonable alternatives to the Project if those reasonable alternatives would attain most of the Project objectives while City Council 22 – 147 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 103 CEQA Findings of Fact September 2024 substantially lessening the potentially significant project impacts. The range of alternatives discussed in an EIR is governed by a “rule of reason,” which the State CEQA Guidelines Section 15126.6(f)(3) defines as: . . . set[ting] forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. The range of feasible alternatives shall be selected and discussed in a manner to foster meaningful public participation and informed decision-making. Among the factors that may be taken into account when addressing the feasibility of alternatives (as described in the State CEQA Guidelines Section 15126.6(f)([1]) are environmental impacts, site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the Project proponent could reasonably acquire, control, or otherwise have access to an alternative site. An EIR need not consider an alternative whose effects could not be reasonably identified, and whose implementation is remote or speculative. For purposes of this analysis, the Project alternatives are evaluated to determine the extent to which they attain the basic Project objectives, while significantly lessening any significant effects of the Project. Alternatives Analysis The goal for evaluating any alternatives is to identify ways to avoid or lessen the significant environmental effects resulting from implementation of the proposed Project, while attaining most of the Project objectives. The City of Santa Ana has included the following 3 alternatives for consideration: • No Project/No Build Alternative • Reduced Project Alternative • Build Out of the Existing Zoning Designations Alternative Alternatives Not Selected for Analysis Alternative Site: An alternate site for the proposed Project was eliminated from further consideration. The Project objectives are to redevelop the Project site consistent with the objectives of the City’s GPU District Center-High (DC-5) land use designation and South Bristol Street Focus Area that includes new mixed-use development with housing in proximity to transit. In addition, due to the urban and built out nature of the City, development of 3,750 multi-family residential units, 350,000 SF of commercial uses, a 250 room hotel, and 200 senior living/continuum of care units on another 41.13-acre underutilized site at a different location would likely require demolition of existing structures, require similar mitigation, and have similar impacts as the proposed Project. CEQA specifies that the key question regarding alternative site consideration is “whether any of City Council 22 – 148 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 104 CEQA Findings of Fact September 2024 the significant effects of the project would be avoided or substantially lessened by putting the project at another location.” Given the size and nature of the proposed Project and the Project objectives, it would be infeasible to develop and operate the proposed Project on an alternative site with fewer environmental impacts, while also implementing the City’s GPU. Therefore, the Alternative Site Alternative was rejected from further consideration on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative does not avoid any significant and unavoidable impact, (2) the alternative would likely not further reduce any of the proposed project’s significant impacts; and (3) the alternative is technically, financially, and legally infeasible given the size and nature of the proposed project. This alternative is therefore eliminated from further consideration (Draft Supplemental EIR, pp. 6-4 through 6-5). No Project/Buildout of Existing General Plan Designation. Buildout of the Project site at the maximum allowable density pursuant to the City’s General Plan DC-5 land use designation was eliminated from further consideration. The DC-5 land use designation allows for development of the Project site at a maximum 125 dwelling units per acre (du/ac) and a FAR of 5.0, which would allow for development of up to 8,733,780 SF of mixed uses, inclusive of residential uses. The proposed Project would result in approximately 91 du/ac and a FAR of 2.7. The No Project/Buildout of Existing General Plan Designation Alternative would result in an 85 percent intensification of uses onsite in comparison to the proposed Project. This alternative would require demolition of the same structures, require similar mitigation, and would increase air quality emissions and require more parkland in comparison to the proposed Project. Given the increased intensity of the No Project/Buildout of the Existing General Plan Designation Alternative, it would not result in fewer environmental impacts than the proposed Project. Therefore, the No Project/Buildout of Existing General Plan Designation Alternative was rejected from further consideration on the following grounds, each of which individually provides sufficient justification for rejection of this alternative: (1) the alternative does not avoid any significant and unavoidable impact, and (2) the alternative would likely not further reduce any of the proposed project’s significant impacts (Draft Supplemental EIR, p. 6-5). Description of Alternatives Alternative 1 – No Project/No Build Alternative Pursuant to Section 15126.6(e)(2) of the CEQA Guidelines, the EIR is required to “discuss the existing conditions at the time the notice of preparation is published, or if no notice of preparation is published, at the time the environmental analysis is commenced, as well as what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” Therefore, under this alternative, no development would occur on the Project site and it would remain in its existing condition with three existing buildings with 16 existing buildings totaling 465,063 SF functioning as a shopping center. In this alternative scenario, the 16 buildings are assumed to be fully operational as a shopping center with restaurants, a supermarket, banks, a dry cleaner, medical and dental offices, financial offices, and fitness uses. Hence, this alternative compares the impacts of the proposed Project with the existing buildings operating at full capacity for shopping center uses (Draft Supplemental EIR, pp. 6-6 through 6-13). City Council 22 – 149 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 105 CEQA Findings of Fact September 2024 Alternative 2 – Reduced Project Alternative Under this alternative, a reduction in the commercial square-footage that would be developed onsite. Pursuant to discussion with City planning staff, it was determined that a reasonable decrease in developed on the Project site is 100,000 SF of commercial retail and the elimination of the 250- room hotel. This alternative would develop and operate 3,750 multi-family residential units, a 200- room senior living/continuum of care facility, and 250,000 SF of retail and restaurant commercial uses. The reduction would result in the construction of 1,375 units, 200 senior living/continuum of care units, and 150,000 SF of commercial uses in Phase 1; including an administrative Police Department substation to be located within the commercial use area. Approximately 856 units and 65,000 SF of commercial uses would be constructed in Phase 2; and 1,519 units and 35,000 SF of commercial uses would be constructed in Phase 3. To support the reduced Project under this alternative, the same ratio of parking spaces would be provided as proposed for the proposed Project. Under the Reduced Project Alternative, certain offsite improvements (including storm drain upgrades, restriping, and signal installation) are assumed, consistent with the proposed Project. In addition, the same amount of recreational facilities and common open space would be provided as the proposed Project. Like the proposed Project, this alternative would require a zoning map amendment to amend the existing zoning of General Commercial (C-2) and Commercial Residential (CR) to Related Bristol Specific Plan District (Draft Supplemental EIR, pp. 6-13 through 6-22). Alternative 3 – Build Out of the Existing Land Use and Zoning Alternative Under this alternative, no zoning map amendment would occur, and the Project site would be built out according to the existing zoning designations. Therefore, this alternative would include development of the 23.96-acre area north of Callen’s Common with only commercial uses pursuant to the C-2 zoning designation, which would result in approximately 782,774 SF at the maximum FAR of 0.75 with a building height of 35 feet. This alternative would provide surface parking and would not develop Bristol Central Park in the northern portion of the site. Also, the 17.17-acre area south of Callen's Common would be redeveloped with commercial uses and mixed-uses pursuant to the CR zoning designation, which would result in approximately 250,000 SF of ground-floor commercial uses and office space, approximately 250 hotel rooms, approximately 200 senior living/continuum of care units, and 1,375 multi-family units would be developed to a maximum FAR of 5.0. Buildings at the northwestern corner of the CR zoned area would be a maximum of 50 feet, buildings at 200 feet from adjacent residential uses would be a maximum height of 100 feet. The buildings toward the southeast corner of the site would be a maximum of 25 stories. Parking within areas south of Callen's Common would be underground and open space within this area would be consistent with the proposed Project. Overall, buildout of the Existing Zoning Alternative would develop the site with 682,774 SF more commercial space than proposed by the Project, totaling 1,032,774 SF of commercial uses (including an administrative Police Department substation), the same number of hotel rooms and senior living/continuum of care units as the proposed Project, and 2,375 fewer residential units for a total of 1,375 multi-family units(Draft Supplemental EIR, pp. 6-22 through 6-30). City Council 22 – 150 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 106 CEQA Findings of Fact September 2024 Evaluation of Alternatives Alternative 1 – No Project/No Build Alternative The No Project/No Build Alternative would avoid the significant and unavoidable air quality, and parks and recreation impacts that would occur from the proposed Project. Additionally, operational impacts would be reduced and mitigation measures, which include measures related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources, would not be required. However, the environmental benefits of the Project would also not be realized, such as implementation of the General Plan DC-5 land use and South Bristol Street Focus Area objectives, improvements to offsite bicycle lanes, sidewalks, and stormwater infrastructure, CALGreen/DAMP/LID infrastructure improvements to storm water quality, and a reduction of drainage runoff from the area, removal of potentially contaminated soils, provision of housing within TPAs and High Quality Transit Areas, improvements to the jobs/housing balance, and the potential to reduce vehicle miles traveled. The No Project/ No Build Alternative would not meet any of the Project objectives. The site would not be redeveloped to provide housing to help meet the region’s demand for housing, would not provide a development consistent with other regional redevelopment in the South Bristol Street Focus Area, would not develop housing to assist the City in meeting its jobs/housing balance, would not provide onsite uses that reduce VMT, and would not implement SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, this alternative would not meet any of the objectives of the proposed Project (Draft Supplemental EIR, pp. 6-12 through 6-13). Finding: The City of Santa Ana finds that the No Project/No Build Alternative would not redevelop the site to provide development consistent with other regional redevelopment in the South Bristol Street Focus Area, would not develop housing to assist the City in meeting its jobs/housing balance, would not provide onsite uses that reduce VMT, and would not implement SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, the No Project/No Build Alternative fails to meet any of the Project objectives (Draft Supplemental EIR at p. 6-12) and is rejected on that basis. Alternative 2 – Reduced Project Alternative The Reduced Project Alternative would result in 2,722 fewer daily vehicular trips than the proposed Project. The reduction in vehicular emissions and consumer products from this alternative would reduce operational air quality impacts to a less than significant level. However, significant and unavoidable impacts related to construction air quality emissions would continue to occur and cumulative parkland deficiencies from implementation of this alternative. Additionally, the mitigation required for implementation of the proposed Project would continue to be required for the Reduced Project Alternative to reduce impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources to a less than significant level. Overall, although the volume of impacts would be less by the Reduced Project Alternative in comparison to the proposed Project, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Furthermore, the Reduced Project Alternative would result in a reduced beneficial impact. Providing less commercial space and no hotel space on the City Council 22 – 151 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 107 CEQA Findings of Fact September 2024 Project site would result in fewer opportunities to improve the jobs-housing balance as residents would have the potential to travel to fewer local employment opportunities. The Reduced Project Alternative would meet the Project objectives, but not to the same extent as the proposed Project. The site would be redeveloped to provide housing to help meet the region’s demand for housing, would provide a development consistent with other regional redevelopment in the South Bristol Street Focus Area. However, no hotel rooms and less commercial space would be provided and a reduced improvement to the jobs-housing balance and VMT would occur. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-20 through 6-21). Finding: The City of Santa Ana finds that the Reduced Project Alternative would result in less commercial space and a reduced improvement to the jobs-housing balance and VMT would occur. In addition, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Thus, the Reduced Project Alternative would not achieve the Project objectives to the same extent as the proposed Project, would continue to result in significant and unavoidable impacts, and would continue to require mitigation. The Reduced Project Alternative is rejected on that basis. Alternative 3 – Build Out of the Existing Land Use and Zoning Alternative The Build Out of the Existing Zoning Alternative would result in 9,541 more daily vehicular trips than the proposed Project. The increase in vehicular trips from this alternative would increase the proposed Project’s significant and unavoidable operational air quality impacts. and unavoidable impacts related to air quality and parks and recreation would continue to occur from implementation of this alternative. Further, this alternative would result in significant and unavoidable impacts related to operational traffic noise. Additionally, the mitigation required for air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources would continue to be required for the Buildout of the Existing Zoning Alternative. Overall, although the volume of impacts would be greater from the Build Out of the Existing Zoning Alternative in comparison to the proposed Project, the Build Out of the Existing Zoning Alternative would not eliminate any of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. Furthermore, the Build Out of the Existing Land Use and Zoning Alternative would result in a reduced beneficial impact, as it would not provide as many multi- family units on the Project site; and therefore, would not improve the jobs-housing balance. The Build Out of Existing Zoning would meet the Project objectives, but not to the same extent as the proposed Project. The site would be redeveloped to provide housing to help meet the region’s demand for housing, would provide a development consistent with other regional redevelopments in the South Bristol Street Focus Area. However, fewer residential multifamily units would be provided and a reduced improvement to the jobs-housing balance and VMT would occur. Additionally, the alternative would result in less implementation of SCAG RTP/SCS policies related to providing additional housing near employment centers. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-29 through 6-30). City Council 22 – 152 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 108 CEQA Findings of Fact September 2024 Finding: The City of Santa Ana finds that the Build Out of the Existing Zoning Alternative would not assist the City in meeting its jobs/housing balance. In addition, the Reduced Project Alternative would not eliminate all of the significant and unavoidable impacts of the proposed Project or eliminate the need for mitigation. In fact, it would create an additional significant unavoidable impact related to traffic noise. Thus, the Build Out of the Existing Land Use and Zoning Alternative would not achieve the Project objectives to the same extent as the proposed Project. The Build Out of the Existing Zoning Alternative is rejected on that basis. Environmentally Superior Alternative Section 15126.6(e)(2) of the CEQA Guidelines indicates that an analysis of alternatives to a proposed project shall identify an environmentally superior alternative among the alternatives evaluated in an EIR. The CEQA Guidelines also state that should it be determined that the No Project/No Build Alternative is the environmentally superior alternative, the EIR shall identify another environmentally superior alternative among the remaining alternatives. The Reduced Project Alternative would reduce the Project’s significant and unavoidable operational air quality impacts to a less than significant level. However, significant and unavoidable impacts related to construction air quality emissions and parkland deficiencies would continue to occur from implementation of this alternative. In addition, the Reduced Project Alternative would result in a reduced beneficial impact. Eliminating the hotel and providing less commercial space on the Project site would result in fewer opportunities for the creation of new jobs. This alternative would continue to require mitigation related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources to reduce impacts to a less than significant level. In addition, Reduced Project Alternative would meet the Project objectives but not to the same extent as the proposed Project. While the Reduced Project Alternative would result in additional employment, it would not result in the creation of new jobs to the same extent as the proposed Project. The Reduced Project Alternative would introduce mixed-uses to the Project site and would provide for new economic activity, but to a lesser extent as no hotel would be developed and less commercial square footage would be developed. Overall, this alternative would meet the objectives of the proposed Project, but not to the same extent as the proposed Project (Draft Supplemental EIR, pp. 6-30 through 6-34.) City Council 22 – 153 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 109 CEQA Findings of Fact September 2024 This page was intentionally left blank City Council 22 – 154 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 110 CEQA Findings of Fact September 2024 X. STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The City of Santa Ana is the Lead Agency under CEQA for preparation, review and certification of the Supplemental EIR for Related Bristol Mixed-Use Project (Project). As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093, Statement of Overriding Considerations, which states: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal (sic) project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the Final Supplemental EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final Supplemental EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the unavoidable adverse impacts associated with the Project and has adopted all feasible mitigation measures with respect to these impacts. The City also has examined alternatives to the proposed Project, none of which both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Findings and Facts in Support of Findings. The City of Santa Ana, as the Lead Agency for this Project, and having reviewed the Supplemental EIR for the Related Bristol Mixed-Use Project, and reviewed all written materials within the City’s City Council 22 – 155 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 111 CEQA Findings of Fact September 2024 public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impacts in reaching its decision to approve the Project. Overriding Considerations The City, after balancing the specific economic, legal, social, technological, and other benefits of the Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to the following specific considerations which outweigh the unavoidable, adverse environmental impacts of the Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093. The specific economic, legal, social, technological, or other benefits of the Project are as follows: • The project implements the vision of the General Plan for the South Bristol Street Focus Area by: o Capitalizing on the success of the South Coast Metro area o Introducing mixed-use urban villages and encourage experiential commercial uses that are more walkable, bike friendly, and transit-oriented o Realizing an intense, multistory presence along the corridor o Providing for mixed-use opportunities while protecting adjacent, established low density neighborhoods o Creating: New development that establishes vibrant public outdoor space appropriately scaled to the size and type of project, including 13.1 acres of publicly-accessible onsite open space areas Building design that is dynamic and strong, creating a distinct impression Mixed-use spaces of similar scale to those south of Sunflower Avenue. • The Project implements capital investment through construction of new buildings and offsite infrastructure improvements to enhance the City’s economic and fiscal viability pursuant to the City of Santa Ana General Plan. • The Project improves the jobs-housing balance in the City, beneficially providing multi-family housing in a jobs-rich area so that employees can easily travel to employment opportunities. • The Project reduces vehicle miles traveled and the related traffic congestion, air quality, and greenhouse gas emissions through the provision of a multi-modal, mixed-use development by bringing residents and visitors closer to their routine destinations like their workplace, gym, grocery store, park, bank, and restaurants. • Related Bristol will significantly enhance the pedestrian experience along the south Bristol corridor with new landscaping, pedestrian-oriented sidewalks and protected bike lanes. City Council 22 – 156 9/17/2024 Related Bristol Mixed-Use Project CEQA Findings of Fact City of Santa Ana 112 CEQA Findings of Fact September 2024 • The Project transforms an underutilized site currently dominated by an asphalt parking lot and partially vacant retail center into a walkable, pedestrian-friendly village with approximately 13.1 acres of actively programmed, publicly accessible open space. • The Project transforms an underutilized site to an economically viable development consistent with the General Plan objectives for the South Bristol Street Focus Area and combines residential uses with community-serving commercial uses near employment opportunities, freeway access, and transit. • The Project implements the SCAG Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Land Use Policies related to population and housing by providing additional housing near employment centers. • Consistent with the General Plan, the Project facilitates the economic development of the City by creating an expanded employment base and new diverse employment opportunities. The Economic and Fiscal Analysis (2023) prepared for the Project determined that the Project will generate approximately 5,900 construction jobs and 1,600 permanent jobs. The Project’s implementation will be a powerful catalyst for business growth and sustainability in south Santa Ana for generations to come. • The Economic and Fiscal Analysis (2023) prepared for the Project determined that due to greater construction costs and scale, the Project would generate close to $2.9 billion in total economic activity in Orange County. • The Economic and Fiscal Analysis determined that the Project could generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year. • The Project creates a high quality, master planned mixed-use development that will attract an array of businesses and provide a variety of employment and housing opportunities and creates an annual net fiscal surplus. City Council 22 – 157 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 3 Final Supplemental EIR August 2024 TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM RELATED BRISTOL SPECIFIC PLAN PROJECT FINAL SUPPLEMENTAL EIR Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AIR QUALITY Plan, Program, or Policy PPP AQ-1: SCAQMD Rule 403. The following measures shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 403: o All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. o The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. o The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-2: SCAQMD Rule 1113. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 1113. The Project shall only use “Low- Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-3: SCAQMD Rule 445. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 445. Wood burning stoves and fireplaces shall not be included or used in residential dwelling units. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-4: CALGreen Building Standards MERV 13 Filters. Indoor air quality within mechanically ventilated buildings shall comply with Section 5.504.5.3 (Filters) of the California Green Building Standards Code Part 11 that requires utilization of at least a Minimum Efficiency Reporting Value (MERV) of 13 air filtration systems. The Code Prior to issuance of certificates of occupancy City of Santa Ana Building Safety Division City Council 22 – 158 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 4 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials requires MERV 13 filters to be installed prior to occupancy and replaced and/or maintained as directed by the manufacturer. GPU FEIR Mitigation Measure AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. Prior to discretionary approval City of Santa Ana Building Safety Division City Council 22 – 159 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 5 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. GPU FEIR Mitigation Measure AQ-2: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate Prior to discretionary approval City of Santa Ana Building Safety Division City Council 22 – 160 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 6 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 22 – 161 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 7 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. City Council 22 – 162 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 8 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. Mitigation Measure AQ-2: Low VOC Paint (Construction). Construction plans, specifications, and permitting shall require that during construction, the Project shall use “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of building permits, the City of Santa Ana shall confirm that plans include the following specifications: • All architectural coatings will be Super-Compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil- based paints. • Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors. • For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into Prior to issuance of construction permits related to architectural coatings City of Santa Ana Building Safety Division City Council 22 – 163 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 9 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org). • Use compliant low-VOC cleaning solvents to clean paint application equipment. • Keep all paint- and solvent-laden rags in sealed containers to prevent VOC emissions. • Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable. • Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate Prior to the issuance of building permits City of Santa Ana Planning Division City Council 22 – 164 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 10 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: • Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure that installation of wood-burning and natural gas devices do not occur during occupation of residences. Prior to issuance of building permits City of Santa Ana Building Safety Division Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to the issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 22 – 165 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 11 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Prior to issuance of building permits. City of Santa Ana Building Safety Division CULTURAL RESOURCES GPU FEIR Mitigation Measure CUL-1: Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior’s Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and state guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. Prior to issuance of grading permits. If the existing survey and evaluation is more than five years old, it shall be updated. City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Prior to issuance of permits required to conduct ground- disturbing activities City of Santa Ana Building Safety Division City Council 22 – 166 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 12 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR Mitigation Measures CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. and This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. Prior to issuance of grading permits Monitoring during ground-disturbing activities City of Santa Ana Building Safety Division City Council 22 – 167 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 13 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Mitigation Measure CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Prior to initiation of grading/ground- disturbing activities City of Santa Ana Building Safety Division Mitigation Measure CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. After completion of monitoring activities. City of Santa Ana Building Safety Division City Council 22 – 168 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 14 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials GEOLOGY AND SOILS Plan, Program, or Policy PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Prior to issuance of grading and building permits City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Prior to issuance of grading permits; See MM GEO-3 City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. During all ground disturbing activities City of Santa Ana Building Safety Division Mitigation Measure GEO-1: Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 22 – 169 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 15 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. Mitigation Measure GEO-2: Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Prior to issuance of grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. In Prior to any grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Prior to initiation of grading/ground- disturbing activities. City of Santa Ana Building Safety Division City Council 22 – 170 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 16 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full- time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. Prior to issuance of grading permits During ground-disturbing activities at 20 feet bgs. City of Santa Ana Building Safety Division Mitigation Measure PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division City Council 22 – 171 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 17 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division GREENHOUSE GAS EMISSIONS Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Shown on building plans Prior to certificates of occupancy, as applicable City of Santa Ana Building Safety Division Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification to meet or exceed CALGreen Tier 2 standards in effect at the time of building permit application in order to exceed 2022 Title 24 energy efficiency standards. Prior to issuance of building permits City of Santa Ana Building Safety Division City Council 22 – 172 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 18 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. During construction Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Building Safety Division during plan check. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 22 – 173 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 19 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials HAZARDS AND HAZARDOUS MATERIALS Plan, Program, or Policy PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP HAZ-1: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported by a Prior to grading permits City of Santa Ana Building Safety Division City Council 22 – 174 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 20 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. Prior to issuance of a building permit City of Santa Ana Building Safety Division HYDROLOGY AND WATER QUALITY Plan, Program, or Policy PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prior to issuance of a demolition or grading permits City of Santa Ana Building Safety Division City Council 22 – 175 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 21 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. Plan, Program, or Policy PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/ Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. Prior to issuance of a grading permit City of Santa Ana Building Safety Division Plan, Program, or Policy PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Prior to issuance of a grading permit City of Santa Ana Building Safety Division City Council 22 – 176 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 22 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials NOISE GPU FEIR Mitigation Measure N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise- sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. Prior to issuance of demolition, grading, and/or building permits During demolition, grading/excavation, and construction activities City of Santa Ana Building Safety Division City Council 22 – 177 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 23 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. GPU FEIR Mitigation Measure N-4: During the project-level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration Prior to issuance of grading and/or building permits City of Santa Ana Building Safety Division City Council 22 – 178 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 24 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors: Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive. Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds). Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. Prior to issuance of grading and/or construction permits City of Santa Ana Building Safety Division City Council 22 – 179 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 25 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors: Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1. Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences. Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. Condition of Approval N-1: Onsite Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Prior to issuance of building permits City of Santa Ana Planning and Building Agency TRIBAL CULTURAL RESOURCES Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/ definition and/or required in connection with the proposed Prior to issuance of permits associated with ground-disturbing activities Monitoring during ground-disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 180 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 26 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 During ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 181 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 27 Final Supplemental EIR August 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. In construction plans and Specifications. During all ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 182 9/17/2024 Related Bristol Specific Plan Project Mitigation Monitoring and Reporting Program City of Santa Ana 28 Final Supplemental EIR August 2024 This page intentionally left blank. City Council 22 – 183 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-3 Final Supplemental EIR September 2024 TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM RELATED BRISTOL SPECIFIC PLAN PROJECT FINAL SUPPLEMENTAL EIR Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials AIR QUALITY Plan, Program, or Policy PPP AQ-1: SCAQMD Rule 403. The following measures shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 403: o All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. o The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day. o The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are reduced to 15 miles per hour or less. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-2: SCAQMD Rule 1113. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 1113. The Project shall only use “Low- Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-3: SCAQMD Rule 445. The following measure shall be incorporated into construction plans and specifications as implementation of SCAQMD Rule 445. Wood burning stoves and fireplaces shall not be included or used in residential dwelling units. Prior to demolition and construction permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP AQ-4: CALGreen Building Standards MERV 13 Filters. Indoor air quality within mechanically ventilated buildings shall comply with Section 5.504.5.3 (Filters) of the California Green Building Standards Code Part 11 that requires utilization of at least a Minimum Efficiency Reporting Value (MERV) of 13 air filtration systems. The Code Prior to issuance of certificates of occupancy City of Santa Ana Building Safety Division City Council 22 – 184 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-4 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials requires MERV 13 filters to be installed prior to occupancy and replaced and/or maintained as directed by the manufacturer. GPU FEIR Mitigation Measure AQ-1: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction-related emissions could include, but are not limited to: • Require fugitive-dust control measures that exceed South Coast AQMD’s Rule 403, such as: o Use of nontoxic soil stabilizers to reduce wind erosion. o Apply water every four hours to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer’s standards. Prior to discretionary approval City of Santa Ana Building Safety Division City Council 22 – 185 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-5 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. Use Super-Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super- Compliant architectural coating manufactures can be found on the South Coast AQMD’s website. GPU FEIR Mitigation Measure AQ-2: Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase-related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD’s adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: • For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate Prior to discretionary approval City of Santa Ana Building Safety Division City Council 22 – 186 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-6 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials applications to optimize renewable energy generation systems and avoid peak energy use. • Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant-provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star–certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star– certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure AQ-1: Construction Exhaust and Dust Control. Prior to issuance of Phase 1, Phase 2, and Phase 3 grading permits, the Project Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 22 – 187 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-7 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Applicant shall prepare and submit documentation to the City of Santa Ana Building and Safety Division that demonstrates the following: • Require fugitive-dust control measures that exceed SCAQMD Rule 403 requirements: o Apply water at least three times daily to active soil-disturbing activities. o Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. o Limit onsite vehicle travel speeds on unpaved roads to 15 miles per hour. o Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards. Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment. • Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request. • All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. City Council 22 – 188 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-8 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • Onsite electrical hook ups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction be battery powered. • Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. • Provide information on transit and ridesharing programs and services to construction employees. Mitigation Measure AQ-2: Low VOC Paint (Construction). Construction plans, specifications, and permitting shall require that during construction, the Project shall use “Super-Compliant” low VOC paints which have been reformulated to exceed the regulatory VOC limits (i.e., have a lower VOC content than what is required) put forth by SCAQMD’s Rule 1113 for all architectural coatings. Super-Compliant low VOC paints shall be no more than 10g/L of VOC. Prior to issuance of building permits, the City of Santa Ana shall confirm that plans include the following specifications: • All architectural coatings will be Super-Compliant low VOC paints. • Recycle leftover paint. Take any leftover paint to a household hazardous waste center; do not mix leftover water-based and oil- based paints. • Keep lids closed on all paint containers when not in use to prevent VOC emissions and excessive odors. • For water-based paints, clean up with water only. Whenever possible, do not rinse the cleanup water down the drain or pour it directly into Prior to issuance of construction permits related to architectural coatings City of Santa Ana Building Safety Division City Council 22 – 189 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-9 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials the ground or the storm drain. Set aside the can of cleanup water and take it to the hazardous waste center (www.cleanup.org). • Use compliant low-VOC cleaning solvents to clean paint application equipment. • Keep all paint- and solvent-laden rags in sealed containers to prevent VOC emissions. • Contractors shall construct/build with materials that do not require painting and use pre-painted construction materials to the extent practicable. • Use high-pressure/low-volume paint applicators with a minimum transfer efficiency of at least 50 percent or other application techniques with equivalent or higher transfer efficiency. Mitigation Measure AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Santa Ana prior to the issuance of building permits. The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan. TDM Requirements for Non-Residential Uses: • The Project Applicant shall consult with the local transit service provider to maintain and identify opportunities to maximize transit. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus shelters or bus stops at the site. • The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a web site or message board for coordinating rides, designating adequate Prior to the issuance of building permits City of Santa Ana Planning Division City Council 22 – 190 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-10 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities (such as bicycle parking and changing/shower facilities). This list may be updated as new methods become available. Verification of this measure shall occur prior to building permit issuance for the commercial uses. TDM Requirements for Residential Units: • Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Santa Ana. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Santa Ana Planning Division for review and approval, prior to the issuance of the first certificate of occupancy. Mitigation Measure AQ-4: Prohibition of Fireplaces. Project plans, specifications, and permitting shall state that wood-burning and natural gas devices are prohibited inside residential dwelling units. The purpose of this measure is to limit emissions of ROG, NOX, and particulate matter emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the tenant deed and/or lease agreements to ensure that installation of wood-burning and natural gas devices do not occur during occupation of residences. Prior to issuance of building permits City of Santa Ana Building Safety Division Mitigation Measure AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the proposed Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to the issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 22 – 191 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-11 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure AQ-6: Low VOC Paint (Operations). The Project Applicant shall require by contract specifications for commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 10 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Santa Ana prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure AQ-7: Loading Dock Connections. Prior to the approval of building permits, the City of Santa Ana shall confirm the construction documents demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. Prior to issuance of building permits. City of Santa Ana Building Safety Division CULTURAL RESOURCES GPU FEIR Mitigation Measure CUL-1: Identification of Historical Resources and Potential Project Impacts. For structures 45 years or older, a Historical Resources Assessment (HRA) shall be prepared by an architectural historian or historian meeting the Secretary of the Interior’s Professional Qualification Standards. The HRA shall include: definition of a study area or area of potential effect, which will encompass the affected property and may include surrounding properties or historic district(s); an intensive level survey of the study area to identify and evaluate under federal, State, and local criteria significance historical resources that might be directly or indirectly affected by the proposed project; and an assessment of project impacts. The HRA shall satisfy federal and state guidelines for the identification, evaluation, and recordation of historical resources. An HRA is not required if an existing historic resources survey and evaluation of the property is available; however, if the existing survey and evaluation is more than five years old, it shall be updated. Prior to issuance of grading permits. If the existing survey and evaluation is more than five years old, it shall be updated. City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures CUL-4: For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade—prior to issuance of any permits required to conduct ground-disturbing activities, the City shall require an Prior to issuance of permits required to conduct ground- disturbing activities City of Santa Ana Building Safety Division City Council 22 – 192 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-12 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior’s Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. GPU FEIR Mitigation Measures CUL-6: If the archaeological assessment did not identify archaeological resources but found the area to be highly sensitive for archaeological resources, a qualified archaeologist and a Native American monitor approved by a California Native American Tribe identified by the Native American Heritage Commission as culturally affiliated with the project area shall monitor all ground-disturbing construction and pre- construction activities in areas with previously undisturbed soil of high sensitivity. The archaeologist shall inform all construction personnel prior to construction activities of the proper procedures in the event of an archaeological discovery. The training shall be held in conjunction with the project’s initial onsite safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. The Native American monitor shall be invited to participate in this training. In the event that archaeological resources (artifacts or features) are exposed during ground- disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the resources are evaluated for significance by an archaeologist who meets the Secretary’s Standards. and This will include tribal consultation and coordination with the Native American monitor in the case of a prehistoric archaeological resource or tribal resource. Prior to issuance of grading permits Monitoring during ground-disturbing activities City of Santa Ana Building Safety Division City Council 22 – 193 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-13 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant; this could include curation with a recognized scientific or educational repository, transfer to the tribe, or respectful reinternment in an area designated by the tribe. Mitigation Measure CR-1: If a resource is determined significant, the Project Applicant, qualified archaeologist, and tribal monitors (as included in MM TCR-1) Native American tribal representative shall meet and confer regarding the treatment measures and mitigation for such resources. Pursuant to PRC Section 21083.2(b), avoidance is the preferred method of preservation for archaeological resources and may include deeding archaeological resources into permanent conservation easements or planning parks, greenspace, or other open space to incorporate archaeological resources. If preservation in place or avoidance is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis of the artifacts that are recovered. The methods and results of the data recovery excavations shall be included in the monitoring report that is described in MM CR-2. The report shall include a description of resources recovered, treatment of the resources, results of the artifact processing, analysis, and research, and evaluation of the resources with respect to the California Register of Historical Resources and CEQA. Construction activities in the immediate vicinity of the discovery can resume once the fieldwork component of the treatment measures has been implemented. These treatment measures and mitigation shall reduce any significant impacts by ensuring that either the resource is preserved in place or is removed prior to its destruction by construction activities. Prior to initiation of grading/ground- disturbing activities City of Santa Ana Building Safety Division Mitigation Measure CR-2: After monitoring has been completed, the qualified archaeologist shall prepare a monitoring report that details the results of monitoring activities, which shall be submitted to the City and to the SCCIC at the University California, Fullerton. After completion of monitoring activities. City of Santa Ana Building Safety Division City Council 22 – 194 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-14 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials GEOLOGY AND SOILS Plan, Program, or Policy PPP GEO-1: CBC Compliance. The proposed Project is required to comply with the California Building Standards Code (CBC) as included in the City’s Municipal Code as Chapter 8, Article 2, Division 1, to preclude significant adverse effects associated with seismic and soils hazards. As part of CBC compliance, CBC related and geologist and/or civil engineer specifications for the proposed Project shall be incorporated into grading plans and building specifications as a condition of construction permit approval. Prior to issuance of grading and building permits City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-2: Low-to-High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with “low- to-high” paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. Prior to issuance of grading permits; See MM GEO-3 City of Santa Ana Building Safety Division GPU FEIR Mitigation Measures GEO-3: All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a Qualified Paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County (NHMLA). The repository shall be identified, and a curatorial arrangement shall be signed, prior to collection of the fossils. During all ground disturbing activities City of Santa Ana Building Safety Division Mitigation Measure GEO-1: Incorporation of and Compliance with a Design Level Geotechnical Report. A final design level geotechnical report that complies with all applicable state and local code requirements shall be prepared for each Project structure by a California licensed qualified Prior to issuance of grading permits City of Santa Ana Building Safety Division City Council 22 – 195 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-15 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials geotechnical engineer consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction and shall include recommendations related to site grading and earthwork, fill materials, compaction, foundations, and other structural elements. The report recommendations shall be included in construction specifications and permits; and confirmed through onsite inspections. Mitigation Measure GEO-2: Implementation of Geotechnical Recommendations for Groundwater and Expansive Soils. Project plans, grading specifications, and construction permitting shall incorporate site specific earthwork and ground improvement requirements related to groundwater saturated soils and expansive soils consistent with the California Building Code and City of Santa Ana requirements applicable at the time of grading/construction as stated in a design level geotechnical report and approved by the City’s Building and Safety Division. This shall include recommendations related to discovery of groundwater, wet soils, or unstable soils during grading, stabilization, dewatering, fill materials, and foundations. Prior to issuance of grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-1: Retention of a Qualified Paleontologist. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavation, the client shall retain a Qualified Paleontologist who meets the professional criteria established by the Society of Vertebrate Paleontology (SVP 2010) to oversee the implementation of all paleontological resources mitigation requirements for the proposed Project. In Prior to any grading permits City of Santa Ana Building Safety Division Mitigation Measure PALEO-2: Paleontological Resources Sensitivity Training. Project plans, grading specifications, and construction permitting shall ensure that prior to the start of excavations, the Qualified Paleontologist, or their designee, shall conduct paleontological resources awareness training for onsite personnel. The training session shall focus on how to identify paleontological resources that may be encountered during excavations and the procedures to be followed in the event of their discovery. The City shall ensure onsite personnel are made available for and attend the training and retain documentation demonstrating attendance. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Prior to initiation of grading/ground- disturbing activities. City of Santa Ana Building Safety Division City Council 22 – 196 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-16 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-3: Paleontological Monitoring. Project plans, grading specifications, and construction permitting shall detail that paleontological resources monitoring shall be required for excavations below 20 feet below ground surface (bgs). Paleontological monitoring shall be conducted by a monitor who meets the professional criteria established by the Society of Vertebrate Paleontology working under the direct supervision of the Qualified Paleontologist. Monitoring can be reduced, or ceased entirely, if determined adequate by the Qualified Paleontologist. Recommendations for reduction or cessation of monitoring will be based on a more accurate understanding of the lithologic character and age of the sediments exposed during excavation. If deeper excavations continue to encounter younger, Holocene alluvium, monitoring shall be reduced from full- time to part-time monitoring or weekly inspections. If the Qualified Paleontologist determines, based on the lithologic character of the sediments, that there is very little likelihood of impacting Pleistocene marine sediments, paleontological monitoring shall cease entirely. The paleontological monitor shall collect any identifiable fossils encountered during the excavations. If onsite personnel discover potential fossils during excavations when a paleontological monitor is not present, they shall cease excavation within 50 feet of the discovery and contact the Qualified Paleontologist. Construction activities may resume after the discovery is assessed by the Qualified Paleontologist and appropriate treatment measures have been implemented. Prior to issuance of grading permits During ground-disturbing activities at 20 feet bgs. City of Santa Ana Building Safety Division Mitigation Measure PALEO-4: Paleontological Resources Treatment and Disposition. Project plans, grading specifications, and construction permitting shall require that significant fossils be prepared to the point of identification and cataloged. Significant fossils shall be curated at a public, non-profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, then the fossils may be donated to a local museum, historical society, school, or other institution for educational purposes. Accompanying notes, reports, maps, and photographs shall also be filed with the final repository. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division City Council 22 – 197 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-17 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Mitigation Measure PALEO-5: Paleontological Resources Monitoring Report. Project plans, grading specifications, and construction permitting shall ensure that upon completion of the excavation phase of the Project, the Qualified Paleontologist shall prepare a report summarizing the results of the monitoring efforts. The report shall be submitted to the City to signify the satisfactory completion of required paleontological mitigation measures. If significant fossils are discovered, the report shall also be submitted to the appropriate repositories. Inclusion in Project plans, grading specifications, and construction permitting prior to issuance of grading permits Upon completion of monitoring City of Santa Ana Building Safety Division GREENHOUSE GAS EMISSIONS Mitigation Measure GHG-1: Solar Panels. The Project shall be required to install solar photovoltaic (PV) panels or other source of renewable electricity generation on-site, based on the maximum roof area available for solar (i.e., solar-ready zone). The solar-ready zone shall comply with Section 110.10 of the 2022 California Energy Code and shall comply with access, pathway, ventilation, and spacing requirements, and exclude skylight area. The final PV generation facility size requires approval by Southern California Edison (SCE). SCE’s Rule 21 governs operating and metering requirements for any facility connected to SCE’s distribution system. Should SCE limit the offsite export, the proposed Project may utilize a battery energy storage system (BESS) to lower offsite export while maintaining onsite renewable generation to off-set consumption. The electrical system and infrastructure must be clearly labeled with noticeable and permanent signage. The schedule of photovoltaic system locations may be updated as needed. Shown on building plans Prior to certificates of occupancy, as applicable City of Santa Ana Building Safety Division Mitigation Measure GHG-2: LEED, Charging Stations, and Bus Stops. Prior to the issuance of a Phase 1, Phase 2, or Phase 3 building permits, the Project Applicant or successor in interest shall provide documentation to the City of Santa Ana demonstrating the following: • The Project shall be designed to achieve Leadership in Energy and Environmental Design (LEED) certification. It shall also be designed consistent with CALGreen Tier 2 standards or will otherwise achieve a 20% reduction below 2022 Title 24 energy efficiency standards. Prior to issuance of building permits City of Santa Ana Building Safety Division City Council 22 – 198 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-18 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials The 2022 version of Title 24 (effective January 1, 2023, prior to the July 2024 Supplement) is the baseline for improvement. • The Project shall provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. The 2022 version of Title 24 (effective January 1, 2023, prior to the July 2024 Supplement) is the baseline for improvement. • The Applicant shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. Mitigation Measure GHG-3: Landfill Waste. The development (Phase 1, Phase 2, and Phase 3) shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with the City standards for Recyclable Collection and Loading Areas. During construction Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-4: Electrical Landscape Equipment. Prior to the issuance of Phase 1, Phase 2, or Phase 3 occupancy permits, the City Planning and Building and Safety Divisions shall confirm that tenant lease agreements include contractual language that all landscaping equipment used on site shall be 100 percent electrically powered. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division Mitigation Measure GHG-5: Energy Efficient Appliances. All major applicant provided in-unit residential appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, water heaters, and for space heating) provided/installed shall be electric (i.e., appliances that do not use natural gas, propane, or other fossil fuels) and Energy Star certified or of equivalent energy efficiency where applicable. Prior to the issuance of the certificate of occupancy, the City of Santa Ana shall verify implementation of this requirement. Installation of electric Energy Star–certified or equivalent appliances shall be verified by the Building Safety Division during plan check. Prior to issuance of certificates of occupancy. City of Santa Ana Building Safety Division City Council 22 – 199 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-19 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials HAZARDS AND HAZARDOUS MATERIALS Plan, Program, or Policy PPP HAZ-1: SCAQMD Rule 1403. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that an asbestos survey has been conducted at all existing buildings located on the Project site. If asbestos or asbestos containing material is found, the Project applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) Rule 1403. Rule 1403 regulations require that the following actions be taken: notification of SCAQMD prior to construction activity, asbestos removal in accordance with prescribed procedures, placement of collected asbestos in leak-tight containers or wrapping, and proper disposal. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Plan, Program, or Policy PPP HAZ-1: Lead. Prior to issuance of demolition permits, the Project applicant shall submit verification to the City Building and Safety Division that a lead-based paint survey has been conducted at all existing buildings located on the Project site. If lead-based paint is found, the Project applicant shall follow all procedural requirements and regulations for proper removal and disposal of the lead-based paint. CalOSHA has established limits of exposure to lead contained in dusts and fumes. Specifically, CCR Title 8, Section 1532.1 provides for exposure limits, exposure monitoring, and respiratory protection, and mandates good working practices by workers exposed to lead. Prior to issuance of demolition permits City of Santa Ana Building Safety Division Mitigation Measure HAZ-1: Prior to issuance of a grading permit, a Soil Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including: • Any subsurface materials exposed during construction activities that appear potentially contaminated, based on either visual observation or suspect odors, shall be segregated, stockpiled, and tested for potential contamination. If contamination is found to be present per the California Department of Toxic Substances Control (DTSC) Environmental Screening Levels (ESLs) for the applicable use, and cannot be reused on the Project site, it shall be transported by a Prior to grading permits City of Santa Ana Building Safety Division City Council 22 – 200 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-20 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials certified hazardous waste hauler to a landfill permitted by the state to accept hazardous materials and disposed of per California Hazardous Waste Regulations. • A Health and Safety Plan (HASP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HASP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction. • All SMP measures shall be printed on the construction documents, contracts, and project plans prior to issuance of grading permits. Mitigation Measure HAZ-2: Prior to issuance of a building permit for a future building within the Specific Plan area, the Project applicant shall, at its election, undertake one of the following three activities: (1) perform a subsurface soil vapor assessment demonstrating that vapor concentrations are within established limits for vapor intrusion into future buildings; (2) prepare a human health risk assessment (HHRA) demonstrating that documented levels of soil vapor do not represent a significant health risk to occupants of the future buildings; or (3) submit plans for a vapor intrusion mitigation system (VIMS) to be installed beneath the foundation of the future buildings. The Project applicant may rely on different measures of the foregoing options in different parts of the Specific Plan area. Prior to issuance of a building permit City of Santa Ana Building Safety Division HYDROLOGY AND WATER QUALITY Plan, Program, or Policy PPP WQ-1: NPDES/SWPPP. Prior to issuance of any grading or demolition permits, the applicant shall provide the City Building and Safety Division evidence of compliance with the NPDES (National Pollutant Discharge Elimination System) requirement to obtain a construction permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. The Project applicant/proponent shall comply by submitting a Notice of Intent (NOI) and by developing and implementing a Stormwater Pollution Prior to issuance of a demolition or grading permits City of Santa Ana Building Safety Division City Council 22 – 201 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-21 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Prevention Plan (SWPPP) and a monitoring program and reporting plan for the construction site. Plan, Program, or Policy PPP WQ-2: Groundwater Dewatering Permits. Prior to initiation of excavation activities, the Project applicant shall obtain coverage under the Santa Ana RWQCB General Waste Discharge Requirements for Discharges to Surface Waters Resulting from De Minimis Discharges or Groundwater Dewatering Operations, and/or Groundwater Cleanup/ Remediation Operations at Sites within the Newport Bay Watershed Permit (Order No. R8-2019-0061, NPDES No. CAG918002), or any other subsequent permit for dewatering activities, and provide evidence of coverage to the City of Santa Ana Building and Safety Division designee. This shall include submission of a Notice of Intent (NOI) for coverage under the permit to the Santa Ana Regional Water Quality Control Board (RWQCB) at least 60 days prior to the start of excavation activities and anticipated discharge of dewatered groundwater to surface waters. Groundwater dewatering activities shall comply with all applicable provisions in the permit, including water sampling, analysis, treatment (if required), and reporting of dewatering-related discharges. Upon completion of groundwater dewatering activities, a Notice of Termination shall be submitted to the Santa Ana RWQCB. Prior to issuance of a grading permit City of Santa Ana Building Safety Division Plan, Program, or Policy PPP WQ-3: WQMP. Prior to the approval of the Grading Plan and issuance of Grading Permits a completed Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Building and Safety Division. The WQMP shall identify all Post-Construction, Site Design. Source Control, and Treatment Control Best Management Practices (BMPs) that will be incorporated into the development project in order to minimize the adverse effects on receiving waters. Prior to issuance of a grading permit City of Santa Ana Building Safety Division City Council 22 – 202 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-22 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials NOISE GPU FEIR Mitigation Measure N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading and/or building permits. • Construction activity is limited to the hours: Between 7:00 a.m. to 8:00 p.m. Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. • During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise- sensitive receptors. • Construction traffic shall be limited to approved haul routes established by the City Public Works Agency. Exceptions to approved routes must be granted by the Public Works Agency before any modification to approved haul routes. Prior to issuance of demolition, grading, and/or building permits During demolition, grading/excavation, and construction activities City of Santa Ana Building Safety Division City Council 22 – 203 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-23 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the onsite construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level, or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. GPU FEIR Mitigation Measure N-4: During the project-level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration Prior to issuance of grading and/or building permits City of Santa Ana Building Safety Division City Council 22 – 204 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-24 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. Mitigation Measure NOI-1: Prior to the issuance of construction/grading permits, the Project Applicant shall obtain a permit from the City’s Building Safety Division to complete work outside the standard construction hours outlined in Santa Ana Municipal Code Section 18-314(e). In addition, the Project Applicant and/or contractor(s) shall develop a nighttime construction noise control plan that requires the following: Stationary equipment such as generators and air compressors shall adhere to the following: • Stationary equipment (e.g., generators, air compressors, etc.) shall be located 300 feet or more away from residences. • Stationary equipment shall be surrounded with noise barriers to achieve a minimum 10 dBA reduction. Alternatively, a temporary noise barrier may be used along the property line. Mobile equipment such as concrete mixer trucks, pump trucks shall adhere to the following: • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to offsite sensitive receptors: Phase 1: Trucks and equipment shall be 140 feet or more away from the Versailles residences along Plaza Drive. Phase 2: No minimum distance required (Phase 2 is 410 feet from sensitive receptors and would not exceed thresholds). Phase 3: Trucks and equipment shall be 150 feet or more away from the Versailles residences along Plaza Drive. Prior to issuance of grading and/or construction permits City of Santa Ana Building Safety Division City Council 22 – 205 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-25 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials • The nighttime noise control plan shall prohibit mobile equipment and trucks from operating within the following distances to onsite sensitive receptors: Phase 1: No minimum distance is required because no onsite receptors would be constructed prior to Phase 1. Phase 2: Trucks and equipment shall be 150 feet or more away from Phase 1 onsite residences. Phase 3: Trucks and equipment shall be 170 feet or more away from Phase 1 and Phase 2 onsite residences. Condition of Approval N-1: Onsite Traffic Noise. Prior to issuance of building permits for Phase 1, Phase 2, and Phase 3, a detailed acoustical study based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with General Plan Noise Element Standards. The acoustical study shall be submitted to the City’s Planning and Building Agency to demonstrate that all residential units would meet the City’s 65 dBA exterior noise standard and 45 dBA interior noise standard to the satisfaction of the Planning and Building Agency Executive Director. This complies with the applicable sections of the California Building Code (Title 24 of the California Code of Regulations). The necessary noise reductions may be achieved by implementing noise control measures at the receiver locations. The required noise attenuation measures shall be incorporated into the applicable building plans and specifications. Prior to issuance of building permits City of Santa Ana Planning and Building Agency TRIBAL CULTURAL RESOURCES Mitigation Measure TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities. A. The Project Applicant shall retain a Native American monitor from or approved by the Gabrieleño Band of Mission Indians-Kizh Nation. The monitor shall be retained prior to the commencement of any “ground- disturbing activity” for the subject Project at any Project locations (i.e., both onsite and any offsite locations that are included in the Project description/ definition and/or required in connection with the proposed Prior to issuance of permits associated with ground-disturbing activities Monitoring during ground-disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 206 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-26 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials Project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the Lead Agency prior to the earlier of the commencement of any ground- disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant upon written request to the Tribe. D. Onsite tribal monitoring shall conclude upon the earlier of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant or lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant or Lead Agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Mitigation Measure TCR-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 During ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 207 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-27 Final Supplemental EIR September 2024 Standard Condition/ Plan, Program, Policy / Mitigation Measure/ Condition of Approval Timing Responsible for Ensuring Compliance / Verification Date Completed and Initials feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor in consultation with a qualified archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. Mitigation Measure TCR-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. In construction plans and Specifications. During all ground disturbing activities City of Santa Ana Planning and Building Safety divisions City Council 22 – 208 9/17/2024 Related Bristol Specific Plan Project 4. Mitigation Monitoring and Reporting Program City of Santa Ana 4-28 Final Supplemental EIR September 2024 This page intentionally left blank. City Council 22 – 209 9/17/2024 Resolution No. 2024-XXX Page 1 of 5 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS WHEREAS, Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is requesting adoption of the Related Bristol Specific Plan (SP No. 5) a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation to facilitate the construction of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”); and WHEREAS, the Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01; and WHEREAS, the City of Santa Ana (“City”) is located partially within the area contained within the scope of the Airport Environs Land Use Plan for John Wayne Airport (the “AELUP”); and WHEREAS, consistent with the requirements of California Public Utilities Code Section 21676 et seq., because a portion of the proposed Related Bristol Specific Plan (SP No. 5) is within the area covered by the AELUP, subsequent to its introduction, the Related Bristol Specific Plan (SP No. 5) was submitted to the Orange County Airport Land Use Commission (the “ALUC”) for consideration of the Specific Plan’s consistency with the AELUP; and WHEREAS, at its meeting on July 20, 2023, the ALUC determined that the Related Bristol Specific Plan (SP No. 5) is inconsistent with the AELUP; and WHEREAS, on August 31, 2023 and September 26, 2023, the City provided a notice of intent to overrule ALUC’s determination of inconsistency pursuant to California Public Utilities Code section 21676, subdivision (b); and WHEREAS, on October 24, 2023, ALUC provided a response to the City’s notice of intent to overrule ALUC’s consistency determination and submitted additional comments; and City Council 22 – 210 9/17/2024 Resolution No. 2024-XXX Page 2 of 5 WHEREAS, pursuant to California Public Utilities Code Sections 21670 and 21676, if an ALUC determines that a proposed adoption or amendment of a specific plan or zoning ordinance is inconsistent with an AELUP, the referring local agency may, after a public hearing, propose to overrule the ALUC by a two-thirds vote of its governing body, upon making specific findings that the proposed action is consistent with the purposes of the Public Utilities Code Section 21670; and WHEREAS, pursuant to City Council direction given at a City Council meeting on August 29, 2023, City staff has provided appropriate notice of the City Council’s intent to override the ALUC’s determination; and WHEREAS, on September 17, 2024, the City Council held a duly-noticed public hearing regarding the City Council’s intent to overrule the ALUC’s determination of inconsistency; and WHEREAS, the City Council finds that the Specific Plan is in the best interests of the City and is consistent with the purposes set forth in Public Utilities Code Section 21670. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the City Council Resolution as if fully set forth herein. Section 2. The City Council is required to provide findings of fact supporting the overrule of ALUC’s determination of inconsistency as required by California Public Utilities Code Section 21676, subdivision (b). The City Council of the City of Santa Ana hereby adopts the findings set forth in Exhibit “A” to this Resolution, attached hereto and incorporated herein by this reference (the “Findings”). City Council 22 – 211 9/17/2024 Resolution No. 2024-XXX Page 3 of 5 Section 3. Based on these Findings and the associated substantial evidence in the public record, the City Council of the City of Santa Ana hereby finds that the proposed action by the City on the Related Bristol Specific Plan (SP No. 5) is consistent with the purposes of the State Aeronautics Act as stated in California Public Utilities Code Section 21670, and consistent with the AELUP. Section 4. Based on the above evidence and Findings made, and the remainder of the record in this matter, the City Council of the City of Santa Ana hereby overrules the ALUC's determination that the Related Bristol Specific Plan (SP No. 5) is inconsistent with AELUP. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Section 6. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. 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, and other and 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 “Actions”), 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 City’s 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 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council of the City of Santa Ana hereby declares that City Council 22 – 212 9/17/2024 Resolution No. 2024-XXX Page 4 of 5 it would have adopted this Resolution 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. ADOPTED this 17th day of September, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: SONIA R. Carvalho City Attorney By:_______________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers:________________________________________ City Council 22 – 213 9/17/2024 Resolution No. 2024-XXX Page 5 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on September 17, 2024. Date: ________________ _____________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 22 – 214 9/17/2024 Resolution No. 2024-XXX Page 6 of 18 EXHIBIT A FINDINGS OF FACT SUBJECT: CITY OF SANTA ANA NOTICE OF INTENT TO OVERRULE THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION OF INCONSISTENCY FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT I. INTRODUCTION The City of Santa Ana (“City”) is required to provide findings supporting the overrule of the Orange County Airport Land Use Commission' s (" ALUC") determination of inconsistency as required in the California Public Utilities Code ("PUC") Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Related Bristol Specific Plan Project ("Project") is consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670, which provides, in relevant part: It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses." Specifically, the City's proposed action on the Project provides for the orderly development of John Wayne Airport (" JWA"), and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. II. FRAMEWORK It is in the public interest to: ( 1) provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to ( 2) promote the overall goals and objectives of the California airport noise standards adopted pursuant to PUC Section 21669 and to ( 3) prevent the creation of new noise and safety problems. A. To provide for the orderly development of JWA and the area surrounding the airport, the ALUC adopted the 2008 Airport Environs Land Use Plan for John Wayne Airport (" JWA AELUP") on April 17, 2008. The JWA AELUP guides development proposals to provide for orderly development of the airport and the area surrounding the airport through implementation of the standards in Section City Council 22 – 215 9/17/2024 Resolution No. 2024-XXX Page 7 of 18 2.1 (aircraft noise, safety compatibility zones, building height restrictions). B. The ALUC also adopted a separate Airport Environs Land Use Plan for Heliports (“Heliports AELUP") on June 19, 2008. C. The ALUC is required to use the California Airport Land Use Planning Handbook (“Handbook") that was updated by the California Department of Transportation, Division of Aeronautics (" Caltrans") in 2011. Neither the JWA AELUP nor the Heliports AELUP have been updated to incorporate the Handbook's guidance. Likewise, the JWA AELUP has not been updated with information about the operation and environmental effects of JWA as reflected in its most recent Final Environmental Impact Report ("EIR"), certified by the Orange County Board of Supervisors on June 25, 2019 for the General Aviation Improvement Program ("GAIP"). D. The City of Santa Ana is required to provide findings supporting the overrule of the Orange County ALUC determination as required in PUC Section 21676(b). Based on the following Findings of Fact and the associated substantial evidence in the public record, the proposed action by the City on the Project at 3600 South Bristol Street and related zoning change (amendment application) are consistent with the purposes of the State Aeronautics Act as stated in PUC Section 21670. E. The proposed Project provides for the orderly development of JWA, and its surrounding area and promotes the overall goals and objectives of the State noise standards by avoiding new noise and safety problems, and protecting the public health, safety and welfare through the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards to the extent that this area is not already devoted to incompatible uses. This Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. F. As the Project proposes a zone change and adoption of a Specific Plan, and pursuant to PUC Section 21676, the City of Santa Ana referred the proposed Project to the ALUC for review. G. The ALUC has adopted FAR Part 77 as the criteria for determining height restrictions in Orange County. FAR Part 77 requires notification to FAA for any project that would be more than 200 feet in height above ground level or within the imaginary surface of a 100:1 slope extending outward for 20,000 feet from the nearest runway. Here, the Project site is located within the 206-foot-high imaginary surface area for JWA, and the proposed mixed-use buildings that are a part of the Project would be a maximum of 25 stories high, with the tallest point on the buildings being 285 feet above the existing ground level. Thus, FAA notification is required. H. On July 20, 2023, the City of Santa Ana presented the Project to the ALUC for a determination of consistency with the JWA AELUP. City Council 22 – 216 9/17/2024 Resolution No. 2024-XXX Page 8 of 18 I. The ALUC staff report for that hearing recommended that the ALUC find the proposed Project consistent with AELUP issues of aircraft noise, flight tracks and safety, and heliports. The staff report noted that with regard to AELUP issues of height restrictions, the Project is inconsistent per Section 3.2.1 of the AELUP, which states that “within the boundaries of the AELUP, any land use may be found to be inconsistent with the AELUP which…permits structures of excessive height in areas which would affect adversely the continued operation of the airport; or permit activities or facilities that would affect adversely aeronautical operations.” The proposed Project would allow buildings up to 25 stories and/or 285 feet, which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. J. On July 20, 2023, the ALUC held a public hearing and, by unanimous vote, adopted a resolution finding the Project inconsistent with the AELUP for the stated reasons set forth in the staff report. K. The City of Santa Ana has the general police power to control land use within its territorial jurisdiction. (Cal. Const., art. XI 11, § 7). This constitutional authority is acknowledged in State law (PUC §§ 21676, 21676.5) and the ALUC process allowing for overrule of an ALUC finding of inconsistency. L. Pursuant to PUC Section 21676(b), the City may overrule the commission by a two-thirds vote of the City Council if it makes specific findings that the Project is consistent with the purposes of the State Aeronautics Act. M. The City finds that the Project is consistent with the AELUP and with the purposes of the State Aeronautics Act based on the following Findings of Fact and substantial evidence. III. FINDINGS OF FACT A. Related Bristol Specific Plan Project. The Project consists of a specific plan for a 42-acre site to allow up to 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space. The Project requires discretionary approval of a tentative tract map, amendment application (zone change) for a specific plan, development agreement, and inclusionary housing plan. The specific plan contains permissive uses and development standards, but does not specify exact locations and heights of each implementing development that falls within the scope of the specific plan. B. The comments in ALUC’s staff report and ALUC’s determination of inconsistency found the Project inconsistent with AELUP for JWA per Section 3.2.1 because the Project would allow buildings up to 25 stories and/or 285 feet which would penetrate the FAR Part 77 Horizontal Obstruction Imaginary Surface for JWA. City Council 22 – 217 9/17/2024 Resolution No. 2024-XXX Page 9 of 18 C. During the July 20, 2023 ALUC hearing on the Project, City staff and the project applicant provided supplemental information about the nature of a specific plan, how implementing projects will be reviewed, information on existing high-rises in the vicinity, and FAA notification requirements for buildings exceeding 200 feet in height, and that conditions of approval for the Project would contain a condition requiring “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. Despite this information, the ALUC voted to find the Project inconsistent per Section 3.2.1 of the AELUP. D. Justification for Finding Project Consistent with the Purposes of PUC Section 21670. 1. Noise. The residential and commercial land uses under the proposed Project are consistent with the aircraft noise standards of the AELUP and the requirements of PUC Section 21670. a. The Project is located outside of the JWA 60 to 65 dBA CNEL aircraft noise contours. Aircraft noise analysis was completed in the Project’s SEIR (State Clearinghouse No. 2020029087) and presented at the ALUC hearing. 1) The AELUP establishes aircraft noise exposure exterior noise level compatibility thresholds for new development by land use category. According to the exterior noise thresholds outlined in the AELUP, multi-family residential development is considered normally consistent with exterior noise levels of less than 60 dBA CNEL, conditionally consistent with exterior noise levels between 60 and 65 dBA CNEL and normally inconsistent with exterior noise level above 65 Dba cnel. For commercial retail land use, exterior noise levels are considered normally consistent with exterior noise levels of less than 65 dBA CNEL and conditionally consistent with exterior noise level above 65 dBA CNEL. b. According to Section 5.9 of the SEIR, the Project site is located outside of both the airport’s planned and actual (2019) 60 CNEL contours of JWA. Thus, according to the AELUP, the Project residential, open space, and commercial retail land uses are normally consistent with JWA aircraft noise exposure exterior noise level compatibility thresholds. c. The airport related noise on the Project site does not exceed the City’s Municipal Code permissible noise levels. d. The County’s General Aviation Noise Ordinance prohibits commercial City Council 22 – 218 9/17/2024 Resolution No. 2024-XXX Page 10 of 18 aircraft departures between the hours of 10:00 p.m. and 7:00 a.m. and arrivals between the hours of 11:00 p.m. and 7:00 a.m. e. Based on the foregoing, these restrictions substantially limit the aircraft noise during the noise sensitive nighttime hours for residential use. Thus, noise impacts related to JWA would be less than significant. f. The JWA GAIP EIR also contains noise analysis demonstrating that the Project is outside of the 60 dBA CNEL noise contour. This noise analysis is based on one year’s worth of aircraft operations in all runway operating configurations with for both existing aircraft fleet mixes and future fleet forecasts. This analysis includes the time of day of all operations and includes noise penalties for evening (7 pm to 10 pm) and night (10 pm to 7 am) aircraft operations of five and ten decibels per operation. Residential land uses are normally consistent in areas impacted by aircraft noise up to 60 dBA CNEL and commercial land uses up to 65 dBA CNEL as shown in the AELUP Table 1. These are the same noise standards used by the FAA and the State of California to identify compatible land uses near airports. g. The Project is located outside of the JWA single-event aircraft noise contours. The detailed aircraft noise analysis completed as part of the JWA GAIP EIR included analysis of single event aircraft noise. This analysis included single event noise contours for the noisiest aircraft making regular use of JWA. The Project developer’s consultant provided analysis and information at the ALUC hearing showing the Project site is located outside of the JWA 85 dB single event noise contours for all aircraft making regular use of the Airport. h. The Project includes a condition of approval notifying future residents. The conditions of approval also include notification measures, which includes a “Notice of Airport in Vicinity,” to be included in all lease/rental agreements and post outdoor signage informing the public of the presence of operating aircraft, which demonstrates further compliance with the AELUP and to minimize potential future noise complaints. i. The General Plan Update (GPU) in 2022 addresses noise, safety, hazards, and other related impacts from development in the vicinity of the Airport. Projects approved under the GPU would be required to comply with FAA airspace protection regulations using the AELUP consistency determination process. j. Based on the foregoing, the Project will not result in the exposure of City residents to excess noise within the meaning if PUC Section 21670. City Council 22 – 219 9/17/2024 Resolution No. 2024-XXX Page 11 of 18 2. Safety. The residential and commercial land uses under the proposed project are consistent with the safety standards of the AELUP. a. Section 2. 1. 2 of the JWA AELUP describes the airport's safety compatibility zones. 1) Per Section 2. 1. 2 of the JWA AELUP, " Safety and compatibility zones depict which land uses are acceptable and which are unacceptable in various portions of airport environs." 2) The purpose of these zones, per the JWA AELUP, is to " support the continued use and operation of an airport by establishing compatibility and safety standards to promote air navigational safety and to reduce potential safety hazards for persons living, working or recreating near JWA." b. The JWA AELUP identifies the following Safety Zones: 1) Zone 1: Runway Protection Zone 2) Zone 2: Inner Approach/ Departure 3) Zone 3: Inner Turning Zone 4) Zone 4: Outer Approach/ Departure Zone 5) Zone 5: Sideline Zone 6) Zone 6: Traffic Pattern Zone c. According to the ALUC staff report, the Project is not in any of the AELUP safety zones. The Project is located outside of the airport’s 60 CNEL contours. Table 1 of the Airport Environs Land Use Plan for JWA shows that residential land uses outside of the 60 CNEL contour are “normally consistent.” The Project is located more than 0.29 miles from the outer edge of AELUP Zone 6, Traffic Pattern Zone as depicted in Appendix D. Further, AELUP Appendix D states the “Basic Compatibility Qualities” of Zone 6 as “Allow residential uses” and “Allow most nonresidential uses.” d. The Project is not in the JWA runway protection zones (RPZ). The Project is located nearly two miles from the outer edge of the nearest JWA RPZ. e. No part of the Project will be inconsistent with the policies set forth in Section 2.1.2 of the JWA AELUP regarding Safety Compatibility City Council 22 – 220 9/17/2024 Resolution No. 2024-XXX Page 12 of 18 Zones. Furthermore, the ALUC did not find, and cannot find, that the Project is inconsistent with Section 2.1.2 of the JWA AELUP. f. Based on the foregoing, the Project will not result in the exposure of City residents to excessive safety hazards within the meaning of PUC Section 21670. 3. Height. The residential and commercial land uses under the proposed Project are consistent with the height standards of the AELUP. The allowable height of structures surrounding an airport is described in FAR Part 77 as the allowable height at which safe movement of aircraft occurs. The regulation requires that notice be given to the FAA if there is a proposal to construct a structure that would exceed a 100:1 slope of an imaginary surface extending outward for 20,000 feet from the nearest runway at JWA. Beyond the 100:1 imaginary surface, FAR Part 77 requires notification to FAA for any project that will be more than 200 feet in height above the ground level. a. The proposed buildings associated with the Specific Plan would not exceed the sloping, three-dimensional 100:1 (one percent sloping surface from the nearest runway over 3,200 feet in actual length) FAA notification surface to require the Filing of FAA Form 7460-1. This information was provided by the Project applicant’s representative during the ALUC hearing on the Project. b. The buildings exceeding 200 feet in height in the Specific Plan area will not exceed the sloping, three-dimensional 50:1 FAA precision instrument Approach Surface to JWA Runway 20R. This information was provided by the Project applicant’s representative during the ALUC hearing on the Project. c. Each future site-specific implementing development under the Project will be required to be submitted through the City’s development review process, at which point if a specific building is proposed within the Federal Aviation Administration (FAA) Notification Area that exceeds 200 feet in height, FAA notification compliance would be required through the development review process. d. In addition to requiring FAA notification for any buildings exceeding 200 feet in height within the Project area, AELUP and FAR Part 77 require an FAA aeronautical study to be conducted to ensure that the proposed structures would not constitute a hazard to air navigation. e. The FAA’s Determinations of No Hazard to Air Navigation for the Mixed-Use development structures are the only source of authoritative, aviation safety findings regarding the Project because: 1) “The United States Government has exclusive sovereignty of City Council 22 – 221 9/17/2024 Resolution No. 2024-XXX Page 13 of 18 airspace of the United States” (49 U.S.C. § 40103(a)(1)). 2) In order to use this airspace, the FAA Administrator is responsible for: i. Plans and policy for the safe use of the navigable airspace (49 U.S.C. § 40103(b)(1); and ii. “[R]egulations on the flight of aircraft (including regulations on safe altitudes) for navigating, protecting and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or water vehicle, and between aircraft and airborne objects” (49 U.S.C. § 40103(b)(2)). 3) The FAA’s aeronautical studies for project structures are the definitive standard for assessing compliance with federal aviation safety laws and regulations (49 U.S.C. § 77.1(c)). This federal authority is recognized in State law (Cal. PUC §21240). f. The FAA will conduct an aeronautical study (49 U.S.C. §44718 and 14 CFR Part 77) and issue its Determinations for individual implementing projects that exceed 200 feet in height and are submitted within the Specific Plan area. g. The Project is an approval only as to the specific plan. No specific structures are contemplated as part of the Project. Therefore, nothing in the Project will create an obstruction or hazard to air navigation within the meaning of 14 CFR Part 77, and no part of the Project involves the proposed construction or alteration of any structures. Accordingly, no aeronautical study is required as part of the Project. See 49 USC 44718; 14 CFR Part 77; FAA Order JO 7400.2M. h. Based on the foregoing, the Project is consistent with AELUP’s height standards. i. The other entities that have processed or commented on this project have aviation safety duties and responsibilities related to this matter. Each of these entities relies on or ultimately defers to the FAA’s authoritative aviation safety role in airspace determinations. 1) The AELUP for JWA, Section 2.1.3 Building Height Restrictions states, “In adopting criteria for building height restrictions in the vicinities of airports, the Commission considered only one standard and that was Federal Aviation Regulations Part 77 ([14 City Council 22 – 222 9/17/2024 Resolution No. 2024-XXX Page 14 of 18 CFR] Part 77) entitled, Objects Affecting Navigable Airspace. "These regulations are the only definitive standard available [emphasis added] and the standard most generally used.” 2) Section 2.1.3 also recognizes FAA aeronautical studies beyond 14 CFR Part 77 surfaces as the standard for review, “In addition to the ‘imaginary surfaces,’ the Commission will use all of the FAR Part 77.23 standards along with the results of FAA aeronautical studies, [emphasis added] or other studies deemed necessary by the Commission, in order to determine if a structure is an ‘obstruction.’” This section goes on to state: The Commission considers and recognizes the FAA as the single "Authority" for analyzing project impact on airport or aeronautical operations, or navigational-aid siting, including interference with navigational- aids or published flight paths and procedures. The Commission also considers the FAA as the "Authority" for reporting the results of such studies and project analyses. The Commission will not consider the findings of reports or studies conducted by parties other than the FAA unless the FAA certifies and adopts such findings as true and correct. 3) Section 2.1.3 adds reference to FAA Advisory Circular 150/5190- 4A, A Model Zoning Ordinance to Limit Height of Objects Around Airports for Commission Review. This FAA Advisory Circular provides specific guidance for establishing zoning regulations along with specific guidance on a “variance” process for potential obstructions. At Section 3.b., “The Federal Aviation Administration (FAA) conducts aeronautical studies on obstructions which examine their effect on such factors as: aircraft operational capabilities; electronic and procedural requirements; and, airport hazard standards. If an aeronautical study shows that an obstruction, when evaluated against these factors, has no substantial adverse effect upon the safe and efficient use of navigable airspace, then the obstruction is considered not to be a hazard to air navigation [emphasis added].” 4) CalTrans Division of Aeronautics – Caltrans publishes the Handbook in accordance with State Law with the purpose to, “ provide information to ALUCs, their staffs, airport proprietors, cities, counties, consultants, and the public; to identify the requirements and procedures for preparing effective compatibility planning documents; and define exemptions where applicable (Caltrans, 2011).” The Handbook provides specific guidance for City Council 22 – 223 9/17/2024 Resolution No. 2024-XXX Page 15 of 18 assessing potential airspace obstructions in Section 4.5 Airspace Protection. a. JWA – The FAA requires airport sponsors like Orange County to accept specific grant assurances when they accept federal funding. Hazard Removal and Mitigation and Compatible Land Use are two of these assurances (49 U.S.C. § 47107(a)(9) and (10)). For hazard removal, the Airport relies on the FAA’s aeronautical study to meet its requirement. For compatible land use, the Airport relies on coordination with the surrounding cities and the ALUC. The following are the specific assurances: b. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. • The proposed Project would not result in hazards related to excessive glare, light, steam, smoke, dust, or electronic interference. Exterior lighting fixtures and security lighting would be installed in accordance with the City’s Municipal Code Division 3, Building Security Regulations, which includes specifications for shielding and intensity of security lighting. In addition, the proposed Project would not use highly reflective surfaces, and does not include large areas of glass on the buildings. Therefore, the proposed Project would not generate substantial sources of glare. • Operation of the proposed residential and commercial uses would not generate substantial quantities of steam, smoke, or dust emissions. Dust emissions are regulated by SCAQMD requirements and construction related air quality emissions that could include steam, smoke, and dust emissions would be less than significant with implementation of the standard SCAQMD Rules. • The proposed Project would include the use of typical electronics, such as computers, televisions, and other electronics with wireless capability. These types of electronics are currently being used by the existing industrial land uses on the site, and other uses in the vicinity City Council 22 – 224 9/17/2024 Resolution No. 2024-XXX Page 16 of 18 of the site. The new residential and commercial uses on the site would use similar technology that does not cause electronic interference that could affect aircraft. Thus, impacts related to electronic interference with operations of JWA would not occur. c. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the Project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 4. Overflight. “Close to the JWA approach centerline” as identified by the ALUC is neither an FAA nor an AELUP standard. a. The FAA is the only authoritative source of aviation safety data and the FAA does not have a “close to the JWA approach centerline” standard. b. The AELUP clearly identifies its airport land use planning standards around aircraft noise, safety, and height. Objective measures of these standards are clearly identified in AELUP Section 2.1. The Specific Plan is drafted to be consistent with each of these objective standards. c. Two-dimensional flight tracks and a list of unassociated aircraft do nothing to inform the impact of overflights. The ALUC provided limited arrival flight tracks, limited departure flight tracks and lists of aircraft by time of day and altitude that were purported to have produced these flight tracks. The limited nature of the information was commented on by ALUC commissioners during the July 20, 2023 hearing. d. Aircraft noise contours used to objectively measure noise impact already assume flight tracks and actual operating conditions for a full year including future operations. Limited City Council 22 – 225 9/17/2024 Resolution No. 2024-XXX Page 17 of 18 information presented within the staff report packet dated July 20, 2023 of arrival flight tracks and limited information on departure flight tracks are not representative of a general condition and are not substantive evidence. e. The project is located outside of the JWA single event noise exposure areas documented in the JWA General Aviation Improvement Program EIR certified on June 25, 2019. The project developer presented this information to the ALUC Commission at its hearing on July 20, 2023. 5. Heliports. Heliports are not a part of the Project, therefore ALUC has not reviewed this for consistency and has made no determination. 6. Zone Change. The proposed zone change (amendment application) is consistent with the objective AELUP aircraft noise, safety and height standards and is therefore consistent with the larger planning role of the ALUC. “Close to the JWA approach centerline” is not an FAA or an ALUC standard. a. ALUC offers no substantiation that overflights of new residents would be disturbed or annoyed. On the contrary, the ALUC demonstrates that the Project is located outside of the 60 dBA CNEL noise contour. As such, the Project would not add any new residential or commercial noise impacts to the JWA 65 dBA Community Noise Equivalent Level (CNEL) noise area. b. Flight tracks limited information for arrivals and departures, which was commented on by Commission members during the hearing, are not unique and are fully accounted for in the one year of overflights used to measure CNEL noise impacts associated with JWA. c. Flight tracks limited information for arrivals and departures, which was commented on by Commission members during the hearing, are not unique and are fully accounted for in the single- event noise contours produced for the JWA GAIP EIR. The Project is located outside of these single-event noise contours. d. Per Section 1.2 of the AELUP for JWA, the purpose of the AELUP is to safeguard the general welfare of the inhabitants within the vicinity of the airport and to ensure the continued City Council 22 – 226 9/17/2024 Resolution No. 2024-XXX Page 18 of 18 operations of the airport. The method by which the ALUC achieves this purpose is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Specific Plan and application for each implementing project is and will be consistent with each of the standards. As a result, the ALUC has met their duty under Section 1.2 by ensuring that the Specific Plan meets these standards. e. Additionally, Section 2.1.4 of the AELUP for JWA and PUC Section 21674 charge the Commission to coordinate at the local level to ensure compatible land use planning. The method by which the ALUC achieves this charge is through the application of the objective standards contained in Section 2.1 of the AELUP. As demonstrated in the ALUC staff report and, in these Findings, the Project is consistent with each of the standards. As a result, the ALUC has met their duty under Section 2.1.4 and PUC Section 21674 by ensuring that the Project meets these standards. City Council 22 – 227 9/17/2024 Ordinance No. NS-____ Page 1 of 16 ORDINANCE NO. NS-_ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2023-03 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is seeking to construct of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The general northern portion of the Project Site is currently in the General Commercial (C2) zoning district and the general southern portion of the Project Site is in the Commercial Residential (CR) zoning district. D. The Applicant is requesting approval and adoption of Amendment Application No. 2023-03 to: (1) establish the new Related Bristol Specific Plan (SP No. 5) and (2) approve a change of zone for the entire Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5) (the “Zone Change”). E. Pursuant to Section 27-13 of the Santa Ana Municipal Code (“SAMC”), the City Council must approve a proposed plan adoption and amendment. Moreover, pursuant to Section 27-12 of the SAMC, prior to being submitted to the City Council, each proposed plan adoption or amendment shall be submitted to the Planning Commission for its review and City Council 22 – 228 9/17/2024 Ordinance No. NS-____ Page 2 of 16 recommendation after the Planning Commission holds at least one (1) duly-noticed public hearing on the proposed plan adoption or amendment. F. Pursuant to Section 41-667 of the SAMC, the City Council must hold a hearing on and approve any proposed amendment of any sectional district map (“Zone Change”). Moreover, pursuant to Sections 41-664 and 41- 666 of the SAMC, prior to being submitted to the City Council, a public hearing on the proposed Zone Change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed Zone Change to the City Council. G. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the entirety of Amendment Application No. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change, recommending approval of the Amendment Application No. 2023-03 to the City Council. H. 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. 2023-03, including both the proposed adoption of the Related Bristol Specific Plan (SP No. 5) and the proposed Zone Change, is consistent with the General Plan, including, but not limited to, its goals and policies, as follows: The Project and requested Amendment Application No. 2023-03 to establish Specific Plan No. 5 are consistent with the following General Plan goals and policies: • Goal CM-1: Recreation and Culture. Provide opportunities for public and private recreation and cultural programs that meet the needs of Santa Ana’s diverse population. o Policy CM-1.6 Recreation on Private Property. Promote the development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents. • Goal CM-3: Active Living and Well-being. Promote the health and wellness of all Santa Ana residents. o Policy CM-3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. o Policy CM-3.5 Community Spaces. Encourage positive community interactions and neighborhood pride to create secure communities and promote safe public spaces. City Council 22 – 229 9/17/2024 Ordinance No. NS-____ Page 3 of 16 o Policy CM-3.8 Underutilized Spaces. Repurpose underutilized spaces and City-owned vacant land as a strategy to improve community health and increase the number and accessibility of opportunities for health and recreation activities. Prioritize the redevelopment of such sites within environmental justice area boundaries and other areas underserved by parks and recreation opportunities The Project is consistent with these General Plan Community Element goals and policies, as it provides for publicly-accessible recreation opportunities on the Project Site through its 13.1 acres of publicly- accessible, programmable open space areas. The Project results in the redevelopment of a 41-acre site by introducing a mixed-use, urban village that encourages active and passive recreation. While the existing commercial development has no onsite open space acreage, the proposed specific plan requires the provision of onsite open space for both publicly-accessible and private open space areas. • Goal M-1: Comprehensive Circulation. A comprehensive and multimodal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. o Policy M-1.6 Complete Streets. Transform travelways to accommodate all users through street design and amenities, such as sidewalks, trees, landscaping, street furniture, and bus shelters. • Goal M-3: Active Transportation. A safe, balanced, and integrated network of travelways for nonmotorized modes of transportation that connects people to activity centers, inspiring healthy and active lifestyles. o Policy M-3.2 Nonmotorized Travelway Amenities. Enhance nonmotorized travelways with amenities such as landscaping, shade trees, lighting, benches, crosswalks, rest stops, bicycle parking, and support facilities that promote a pleasant and safe experience. o Policy M-3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. City Council 22 – 230 9/17/2024 Ordinance No. NS-____ Page 4 of 16 o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o POLICY M-4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. o Policy M-4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape, by prioritizing pedestrian access directly from the street and placing parking lots to the rear of a development site. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. • Goal M-5: Sustainable Transportation. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Policy M-5.1 Enhanced Street Design. Improve the beauty, character, and function of travelways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. The Project is consistent with these General Plan Mobility Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village that encourages multi-modal transit. Moreover, the proposed specific plan will introduce a walkable grid of streets and paseos, further encouraging pedestrian, bicycle, and alternate means of transportation both within and to/from the Project Site. • Goal EP-1: Job Creation and Retention. Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. o Policy Attract Business Strengthen and expand citywide business attraction efforts in order to achieve the city’s full employment potential. • Goal EP-3: Business Friendly Environment. Promote a business friendly environment where businesses thrive and build on Santa Ana’s strengths and opportunities. City Council 22 – 231 9/17/2024 Ordinance No. NS-____ Page 5 of 16 o Policy EP-3.4 Complete Communities. Encourage the development of “complete communities” that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. o Policy EP-3.10 Rethinking Strip-Commercial. Promote the creation of distinctive neighborhood serving districts through the renovation or redevelopment of existing strip-commercial development. The Project is consistent with these General Plan Economic Prosperity Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The Project will contain a diverse range of employment opportunities for the commercial, senior continuum care, hotel, and residential communities that will take shape on the Project Site. • Goal OS-1: Parks, Open Space, and Recreation. Provide an integrated system of accessible parks, recreation facilities, trails, and open space to serve the City of Santa Ana. o Policy OS-1.2 Parks and Recreation System. Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. o Policy OS-1.5 Park and Open Space Types. Provide a mix of community, neighborhood, and special use parks, along with greenway corridors, natural areas, and landscape areas, to meet community needs for greenspace, recreation space, social space, and trail connectivity. o Policy OS-1.9 New Development. Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s park standard. Ensure that new development includes pedestrian and multi-modal travelways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. o Policy OS-1.10 Creative Solutions for Deficiencies. Develop creative and flexible solutions to provide greenspace and recreation activities in park-deficient neighborhoods. Encourage private and commercial recreational facilities that are physically City Council 22 – 232 9/17/2024 Ordinance No. NS-____ Page 6 of 16 open to the public and are affordable to residents of surrounding neighborhoods, and serve community needs. The Project is consistent with these General Plan Open Space Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The Project will contain 13.1 acres of total onsite public open space, which will be maintained for public access and enjoyment through both the Specific Plan’s goals and development standards, as well as the Project’s proposed Development Agreement (No. 2023-02). The 13.1 acres of onsite open space comprise almost one-third of the entire site’s 41 acres, and will be programmed for both passive and active uses, with a minimum of four community events per year. Moreover, the Project’s street frontages will contain new bike lanes, with stretches built as protected bike lanes, encouraging active recreation to and from the Project Site. • Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.3 Equitable Creation and Distribution of Open Space. Promote the creation of new open space and community serving amenities in park-deficient areas that keeps pace with the increase in multi-unit housing development, with priority given to those that are also within environmental justice area boundaries. o Policy LU-1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. o Policy LU-1.6 Transit Oriented Development. Encourage residential mixed-use development, within the City’s District Centers, Urban Neighborhoods, and adjacent to high quality transit. o Policy LU-1.8 Development Tradeoffs. Ensure that new development projects provide a net community benefit. o Policy LU-1.9 Public Facilities and Infrastructure. Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. City Council 22 – 233 9/17/2024 Ordinance No. NS-____ Page 7 of 16 • Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs. o Policy LU-2.1 Employment Opportunities. Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. o Policy LU-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 LU-2.3 Supportive Spaces. Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues o Policy LU-2.4 Cost and Benefit of Development. Balance the benefits of development with its fiscal impacts on the city and on quality of life for the community. o Policy LU-2.5 Benefits of Mixed-Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. o Policy LU-2.8 City Image. Encourage land uses, development projects, and public art installations that promote the city’s image as a cultural, governmental, and business-friendly regional center. o Policy LU-2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. • Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.5 VMT Reduction. Concentrate development along high quality transit corridors to reduce vehicle miles traveled (VMT) and transportation-related carbon emissions. The Project is consistent with these General Plan Land Use Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. City Council 22 – 234 9/17/2024 Ordinance No. NS-____ Page 8 of 16 The Project has been thoroughly evaluated for environmental impacts, as well as for market, fiscal impact, economic impact, and community benefits through multiple analyses. The proposed specific plan establishes a foundation for future developments within the specific plan area that provide a balance of commercial and residential land uses, conforming to the General Plan’s DC-5 land use designation and the South Bristol Street Focus Area’s goals. The infill nature of the Project encourages smart growth by conserving resources and locating new development in an already-urbanized, transit-oriented area adjacent to or near major employment centers. The Project conforms to all Vehicle Miles Travelled (VMT) guidelines adopted by the City and enhances the City’s image at a major intersection leading into Santa Ana. • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction. o Policy UD-1.2 Public Art. Require public art as part of major developments and the public realm improvements. o Policy UD-1.4 Safety Through Design. Incorporate public safety design features into private and public developments to prevent loitering, vandalism, and other undesirable activities. o Policy UD-1.5 Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. o Policy UD-1.6 Active Transportation Infrastructure. Support the creation of citywide public street and site amenities that accommodate and promote an active transportation-friendly environment. • Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting. o Policy UD-2.1 Enhanced Public Realm Experience. Encourage development to enhance the existing environment through the use of creative architectural design and sustainable streetscape treatments that are consistent on each corridor. City Council 22 – 235 9/17/2024 Ordinance No. NS-____ Page 9 of 16 o Policy UD-2.2 Compatibility and Use With Setting. Employ buffers and other urban design strategies to encourage the compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas. o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood. o Policy UD-2.7 Building and Strengthening Identity. Collaborate with community stakeholders to strengthen and foster development of community and neighborhood identity and district character through complementary architecture, unique streetscapes, and programming. o Policy UD-2.10 Greening the Built Environment. Promote planting of shade trees and require, where feasible, preservation and site design that uses appropriate tree species to shade parking lots, streets, and other facilities, with the goal of reducing the heat island effect. • Goal UD-3: Attractive Travelways. Create and maintain safe and attractive travelways through coordinated streetscape design. o Policy UD-3.3 Foster Community Building. Promote a safe environment that facilitates social interaction and improves active transportation along corridors. o Policy UD-3.4 Improvements to Streetscape. Promote streetscape improvement plans that are responsive to community needs, the nature of adjacent uses, path characteristics, street classification, pedestrian scale, and view corridors. o Policy UD-3.6 Linear Park System. Support open space improvements along roadways and nonvehicular paths, such as bike or multiuse trails, to create linear open space that connect to a network of parks and activity areas throughout the city. o Policy UD-3.8 Pleasant Travel Experience. Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive city image. • Goal UD-4: Nodes and People Places. Create nodes and urban hubs throughout the City to foster community, education, arts and culture, City Council 22 – 236 9/17/2024 Ordinance No. NS-____ Page 10 of 16 business activities, entertainment, and establish Santa Ana as a vibrant center. o Policy UD-4.1 Intentional Development. Support development growth in nodes consistent with the City’s vision as the dynamic urban center of Orange County. o Policy UD-4.2 Image Making Through Architecture. Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. o Policy UD-4.3 Activate Open Space. Ensure architectural and landscape design activates open space as a means to promote community interaction and enhance the aesthetic quality of development. o Policy UD-4.4 Vibrant Street Life. Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. • Goal UD-5: Focus Intersections. Create focal points at major intersections to enhance community identity and open space. o Policy UD-5.1 Building Presence at Intersections. Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. • Goal UD-7: Gateways. Create and strengthen gateways into the City that promote a sense of arrival. o Policy UD-7.1 First Impression. Strengthen the architectural design of developments near gateways to communicate a sense of arrival and inspire positive images of the City. o Policy UD-7.2 Streetscape Improvements. Enhance Santa Ana’s gateways to include unique and distinctive streetscape improvements. The Project is consistent with these General Plan Urban Design Element goals and policies. The Project improves a major site at a gateway intersection leading into Santa Ana by redeveloping an outdated, auto- oriented strip-commercial center with a dynamic, mixed-use urban village that complements the scale an intensity of existing developments surrounding the Project Site. Through onsite private streets and improvements to public streets along the site’s street frontages, the specific plan will create attractive travelways and establish activity nodes City Council 22 – 237 9/17/2024 Ordinance No. NS-____ Page 11 of 16 at the intersections of Bristol Street and Sunflower Avenue, and Bristol Street and MacArthur Boulevard, near the interchange of Bristol Street and the San Diego (I-405) Freeway. The redevelopment of the existing site will establish a new gateway into Santa Ana that is consistent with the South Bristol Street Focus Area’s vision for the Project Site. • Goal HE-1: Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.3 Complete Neighborhoods. Improve neighborhood quality by locating or providing access to complementary services and public facilities, including the integration of community gardens and access to healthy food options in neighborhoods. o Policy HE-1.4. Healthy Neighborhoods. Create and maintain parks and open spaces; plant trees, green parkways, and medians; support access to healthy food options; and maintain a continuous pattern of pathways that encourage an active and healthy lifestyle. o Policy HE-1.10. Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. • Goal HE-2. Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups. o Policy HE 2.3. Urban Villages. Create higher intensity, mixed- use urban villages and pedestrian-oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. o Policy HE-2.4. Rental Housing. Facilitate the construction of rental housing for Santa Ana’s residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate income Santa Ana workers. o Policy HE-2.6. Housing Design. Require excellence in architectural design through the use of materials and colors, City Council 22 – 238 9/17/2024 Ordinance No. NS-____ Page 12 of 16 building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. • Goal HE-4. Provide sufficient rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness. o Policy HE-4.1. Senior Housing. Support development of affordable senior rental and ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. The Project is consistent with these General Plan Housing Element goals and policies. The Project will provide high-quality diversity of rental housing for Santa Ana’s residents and workforce. Through the Project’s Development Agreement, the Project will provide inclusionary housing fees that will be used by the City to provide onsite affordable housing opportunities in the community. Through innovative use of land, the Project will provide for healthy communities with 13.1 acres of onsite open space, a full-service grocer, and underground parking, freeing up valuable acreage for the development of community-serving commercial, residential, and open space land uses. Moreover, the SP and requested entitlements address General Plan consistency for the South Bristol Street Focus Area in the following manners: • The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment- generating uses.” • Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development Project. • The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. City Council 22 – 239 9/17/2024 Ordinance No. NS-____ Page 13 of 16 • The General Plan envisions “urban villages”, “an intense multistory presence” and “mixed use opportunities”. The Development Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. • The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. • The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. • The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. • The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. G. The City Council has weighed and balanced the General Plan’s policies and has determined that, based upon this balancing, the Project at 3600 Bristol Street and Amendment Application No. 2023-03, including the Related Bristol Specific Plan (SP No. 5) and the Zone Change, are consistent with the purpose of the General Plan. H. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 17, 2024 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, Amendment Application No. 2023-03 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. City Council 22 – 240 9/17/2024 Ordinance No. NS-____ Page 14 of 16 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the Amendment Application No. 2023-03, and specifically, approves and adopts the Related Bristol Specific Plan (SP No. 5), a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 17, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the Zone Change for the Project Site from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5), as set forth in Amended Sectional District Map No. 35-5-10, a true and correct copy of which is attached hereto as Exhibit B and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 17, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 7. 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, and other and 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 “Actions”), 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 City Council 22 – 241 9/17/2024 Ordinance No. NS-____ Page 15 of 16 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 City’s 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 8. 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. ADOPTED this 17th day of September, 2024. _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:_______________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: ________________________________________ NOES: Councilmembers: ________________________________________ ABSTAIN: Councilmembers: ________________________________________ NOT PRESENT: Councilmembers:________________________________________ City Council 22 – 242 9/17/2024 Ordinance No. NS-____ Page 16 of 16 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 September 17, 2024. Date: ________________ _____________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 22 – 243 9/17/2024 Exhibit A to Exhibit 3 – Link to Specific Plan Document The Final Draft Related Bristol Specific Plan document is available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Related Bristol Final Supplemental Environmental Impact Report (SEIR) are also available for viewing online and in print at the same locations. *Please note that the Final Draft Related Bristol Specific Plan and the Draft SEIR were originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 22 – 244 9/17/2024 A1 GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION C1 COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAY ZONE C1-MD COMMUNITY COMMERCIAL - MUSEUM DIST. M1 LIGHT INDUSTRIAL R4 SUBURBAN APARTMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER O OPEN SPACE SD SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE-FAMILY RESIDENCE OZ1 METRO EAST OVERLAY ZONE PLANNED RESIDENTIAL DEVELOPMENT -PRD City of Santa Ana, California ZONING DISTRICTS ARTESIA STPACIFICAVFO R E S T AVWAKEHAM PL JOANE WYJUNIPERST GREENVILLE STSHEFFIELD RDALTONAV AURORAST ORIONAV CURIEAV UP RR CRAWFORD GNSILVERSPURSUMM E RWIND BAYCRESTTWILIGHTBLACKHAWK DR DEEREFIELD RD MOORE AV SEA CLIFFR IT AWY DEEGAN DRMANITOBA DRMADDOCK STGRISET PLCENTER STDIAMOND STTOWNSEND STDOUGLAS STLINDA WYSALTA STWEST WIND OCEAN CRESTR E N E D R JAGUARWAYSEA BREEZEGARRY AV REMBRANDT PICASSO RED FOX RD MEADOWBROOK DR CALLENS COM PLAZADRASPENVILLAGEWYSANTAFEVILLAGEDRS BRISTOL STBEAR STW MACARTHUR BLVD W ALTON AV SUNFLOWER AVRAITT STR1-PRD R2-PRD R2-PRD R2-PRD R2-PRD R1-PRD R1-PRD R2-PRD R1-PRD R1-PRD R1-PRD A1 A1A1A1A1 A1A1A1 C1 C1 C1 C4 CR M1 M1 OOOOO R1 R1 R1 R1R1 R1 R1 R1 R1 R1 R1 R1R1 R1 R3 R4 R4 R4R4 SD4 SD44 SD48 SD48 SD51 SD6 SD7 O O R1 O SD5 C4 C2C2 C2 CR O SP5 C2 N/A N/A36-5-1026-5-1025-5-1036-5-1026-5-10 26-5-1034-5-10N/AN/A34-5-10Exhibit: Print Date: 7/30/24 Sectional District Map: 35-5-10 I B City Council 22 – 245 9/17/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 1 of 5 ORDINANCE NO. NS-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023-02 FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is seeking to construct of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The City of Santa Ana (“City”) is authorized, pursuant to Government Code Sections 65864 through 65869.5, to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process. D. Because of the logistics, magnitude of the expenditure and consid erable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (“Development Agreement No. 2023-02”) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the Development Agreement No. 2023-02, which assurance will thereby City Council 22 – 246 9/17/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 2 of 5 reduce the actual or perceived risk of planning for and proceeding with development of the Project. E. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the proposed Development Agreement No. 2023-02, recommending City Council approval of Development Agreement No. 2023-02. F. Entering into this Development Agreement No. 2023-02 would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Property Owners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. G. The Project and the use that the Property O wners propose in connection with the Project have been extensively reviewed and considered by the City Council, and such proposed development and use have been found to accommodate the City’s recommendations and suggestions in order to protect the public’s interest to enhance the desirability of such proposed development and use. The terms and conditions of this Development Agreement No. 2023-02 are fair, just and reasonable, and the City Council has concluded that the pursuit of the Project will serve the interests of the City. H. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Development Agreement No. 2023-02 in the public’s interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City’s adopted General Plan “Issues, Goals and Policies” for each individual element, as further documented in the Ordinance of the City Council approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan (SP No. 5) and approve the Zone Change. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation City Council 22 – 247 9/17/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 3 of 5 Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the Development Agreement No. 2023-02, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and Clerk of the Council to execute it on behalf of the City with such non-substantive changes as may be authorized by the City Manager and City Attorney. The Clerk of the Council is hereby authorized and directed to cause this Development Agreement No. 2023-02 to be recorded with the County Recorder’s Office. Section 4. This Ordinance shall not be effective unless and until the City Council Resolution for Final SEIR No. 2020029087, the Planning Commission Resolution for VTTM No. 2023-01, the City Council Ordinance for AA No. 2023-03, and the City Council Resolution to Overrule the Orange County/John Wayne Airport Land Use Commission’s determination of inconsistency are adopted and become effective. If said resolutions and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. Section 5. This Ordinance shall not be effective unless and until the City receives a fully executed copy of the Development Agreement No. 2023-02, including the executed Joinder of the Fee Owners of the Property. If the fully executed copy of the Development Agreement No. 2023-02 is not received by the City Clerk within 30 days of the approval of this Ordinance by the City Council, then this Ordinance shall be null and void and have no further force and effect. Section 6. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by Sections 66020 through 66022 of the California Government Code. Section 8. 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, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such City Council 22 – 248 9/17/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 4 of 5 other procedures), judgments, order s, and decisions (collectively “Actions”), 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 ac tion 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 t he City) for or concerning the P roject, wheth er 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, statut e, 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 City’s 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 Applican t in the defense of the Action. Section 9. 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 10. This Ordinance shall be effective thirty days after its adoption provided the conditions precedent set forth above have been satisfied. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement. ADOPTED this 17th day of September, 2024. _______________________ Valerie Amezcua Mayor City Council 22 – 249 9/17/2024 55394.00062\42643158.1 Ordinance No. NS-____ Page 5 of 5 APPROVED AS TO FORM: City Attorney _______________________________ Sonia R. Carvalho City Attorney 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 September 17, 2024. Date: ________________ ____________________________________ City Clerk City of Santa Ana City Council 22 – 250 9/17/2024 55394.00062\42643158.1 Exhibit A Development Agreement No. 2023-02 City Council 22 – 251 9/17/2024 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2023-02 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and RCR BRISTOL, LLC A DELAWARE LIMITED LIABILITY COMPANY City Council 22 – 252 9/17/2024 -1- DEVELOPMENT AGREEMENT NO. 2023-02 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2024 by and between the City of Santa Ana, California (“City”) on the one hand, and RCR BRISTOL, LLC, a Delaware limited liability company (“Owner” or “RCR”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. RCR has an option to enter into a long-term ground lease to the Property, which ground lease constitutes an equitable interest in the Property. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to RCR in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for RCR’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. RCR has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by RCR of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Related Bristol Specific Plan Final Supplemental Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana DP No. 2022-31 (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. City Council 22 – 253 9/17/2024 -2- J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and 2.1 of the Specific Plan. will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On August 29, 2023, the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 12, 2024 City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 17, 2024, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, RCR, and members of the public. On ________, consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. ___ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. City Council 22 – 254 9/17/2024 -3- 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Fee Owners” shall collectively mean Greenville Ranch, LLC, BSG West Bristol, LLC, and MCG Bristol West, LLC, and their respective successors and assigns. 1.1.18. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 22 – 255 9/17/2024 -4- 1.1.19. “Ground Lease” means the long term ground lease to be entered into by and between the Fee Owners, as ground lessors, and Owner, as ground lessee. 1.1.20. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.21. “Leasehold Estate” means the leasehold estate to be created under the Ground Lease. 1.1.22. “Owner” means RCR or, as to each Project Phase that is the subject of a Sub Ground Lease, the Sub Ground Lessee under such Sub Ground Lease, and their successors in interest to all or any part of the applicable leasehold estate. 1.1.23. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.24. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.25. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.26. “Project Open Space” means the approximately 13.1 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be ground leased and maintained by Owner. City Council 22 – 256 9/17/2024 -5- 1.1.27. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.28. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.29. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 41.13 gross acres in size and is occupied by the Metro Town Square commercial development as of the Effective Date. It is composed of nine Assessor Parcel Numbers (APNs): 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25 and 412-131-26. 1.1.30. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.31. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.32. “Specific Plan Phase” means any one of the three phases as shown on Figure 6-2 (Conceptual Phasing Plan) of the Related Bristol Specific Plan. 1.1.33. “Sub Ground Lease” shall mean a sub ground lease entered into by Owner with a third party pursuant to the terms of which Owner sub ground leases to such third party the portion of the Property referenced therein. 1.1.34. “Sub Ground Lessee” shall mean the lessee under any Sub Ground Lease. 1.1.35. “Sub Leasehold Estate” means the leasehold estate created under any Sub Ground Lease. 1.1.36. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location City Council 22 – 257 9/17/2024 -6- Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property, subject to the terms and conditions of the Joinder attached hereto, which shall be executed by the Fee Owners and shall also bind the fee title to the Property subject to the terms and conditions of the Joinder attached hereto. 2.2. Ownership of Property. Owner represents and covenants that it has an option to enter into the Ground Lease, which Ground Lease constitutes an equitable interest in the Property. The Property’s fee simple owners are the Fee Owners as defined in Section 1.1.18. Owner does not have a fee simple interest in the Property. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If Owner fails to enter into the Ground Lease within one (1) year of the Effective Date then this Agreement shall be null and void and of no further force or effect and the parties shall record a “Termination Release” as set forth in Section 10.1 below. (a) Owner has represented to City that Fee Owners are aware and understand of all of the terms of this Agreement and have consented to recordation of this Agreement against the Property subject to the terms and conditions of the Joinder attached hereto. Fee Owner shall City Council 22 – 258 9/17/2024 -7- execute the Joinder attached to this Agreement and the properly executed Joinder shall be provided to City no later than ten (10) days after approval of this Agreement by the City Council. (b) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner and Fee Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (c) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: grading permits have been issued and construction has commenced on: (i) no less than 250,000 square feet of non-residential floor area (e.g., grocer, retail, restaurants); and (ii) a hotel, subject to financial feasibility. Owner shall remain eligible for the five (5) year extension if Owner determines that a hotel is financially infeasible and City, employing a commercial reasonableness standard, affirms same. Owner shall within 30 days reimburse City for the reasonable cost of the City’s review of the hotel financial feasibility study. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. City Council 22 – 259 9/17/2024 -8- 2.5. Assignment. 2.5.1. Right to Sell, Transfer, Assign and Sub Ground Lease. Owner shall have the right, from time to time, to transfer all or portions of its interest in the Leasehold Estate and any Sub Leasehold Estate (including through the entering into of one or more Sub Ground Leases) (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”); provided, however, that any such assignment of any rights and obligations under this Agreement shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No transfer or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Leasehold Estate or Sub Leasehold Estate, as applicable, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Leasehold Estate, or Sub Leasehold Estate, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate being transferred) shall be binding upon such transferee, but the benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. (d) Owner shall include the following sentence in each assignment, transfer or other conveyance document: “The Parties agree and acknowledge that no building permits will be issued by the City for a particular Project Phase unless and until the Community Benefit City Council 22 – 260 9/17/2024 -9- Payment has been made for the applicable Specific Plan Phase which the particular Project Phase is in.” 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Leasehold Estate or Sub Leasehold Estate, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the timing or amount of the Project’s Twenty-Two Million dollar ($22,000,000) Community Benefit Payment; (2) changes to the In-Lieu Fee; (3) changes to the Project Open Space; and (4) changes to the Timing of Development as set forth in Sections 3.5.1 and 3.5.2. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. For avoidance of doubt, no modification of the Development Agreement pursuant to this Section 2.7 shall limit or impair the rights of Fee Owners under the attached Joinder without the consent of Fee Owners. 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). City Council 22 – 261 9/17/2024 -10- 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 3,750 multi-family residential units, 350,000 square feet of commercial uses, 250 room hotel, and 200 senior living/continuum of care units; (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. City Council 22 – 262 9/17/2024 -11- 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Related California Residential, LLC 18201 Von Karman Avenue, Ste 900 Irvine, CA 92612 Attn: Steven S. Oh E-mail: Steven.Oh@Related.com Copies to: Sean Matsler, Esq. Cox, Castle & Nicholson LLP 3121 Michelson Drive, Ste 200 Irvine, CA 92612 E-mail: smatsler@coxcastle.com If to Fee Owners: Greenville Ranch, LLC 8856 Sutter Circle, Unit 526b Huntington Beach, CA 92646 Attn: Alice Z. Callens And BSG West Bristol, LLC c/o Eide Bailly LLP 1505 Madrona St. N., Ste 800 Twin Falls, ID 83301 Attn: Jeff Spackman City Council 22 – 263 9/17/2024 -12- And MCG Bristol West, LLC 6618 Avenida Bizarro La Jolla, CA 92037 Attn: David Cortney 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 2.9.4. Consistent with the Joinder attached hereto, Fee Owners shall receive notice of any default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 below. Fee Owners and their lenders shall also be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20. 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.19). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication City Council 22 – 264 9/17/2024 -13- of land for public purposes; however the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. City Council 22 – 265 9/17/2024 -14- (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that City Council 22 – 266 9/17/2024 -15- case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 1,875 residential units unless and until Owner commences construction activities for at least 175,000 square feet of commercial development. Owner may construct commercial square footage beyond 175,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. 3.5.2. No less than 35,000 square feet of commercial development in Phase 1 or Phase 2 (as shown on Specific Plan Figure 6-2) shall consist of a grocer. 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Santa Ana Police Department Substation: Prior to or concurrent with the construction completion of the Project’s Phase 1, as contemplated by the Development Approvals), Owner shall provide City, upon the City’s written request, with exclusive use of a 500 square foot space and 3 dedicated parking stalls within the Property for use by the Santa Ana Police Department as an administrative substation. This substation space and parking stalls will be owned by Owner but improved (tenant improvements), operated and maintained by the Santa Ana Police Department. The final location of the substation and its parking stalls are City Council 22 – 267 9/17/2024 -16- envisioned to be located in one of the buildings along Plaza Drive or MacArthur in Phase 3 of the Project, as contemplated by the Development Approvals, but may be temporarily located anywhere on the Property, including potentially within existing commercial center. The substation and its parking stalls may be relocated within the Property subject to the mutual agreement of the parties. For the Term of the Agreement, Owner shall maintain private onsite security to monitor all areas of the Property. 4.2.2. Project Community Benefit Package: The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Twenty-Two Million dollar ($22,000,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Eight Million dollars ($8,000,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Six Million dollars ($6,000,000) prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); and (3) Eight Million dollars ($8,000,000) prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space (“Community Benefit Payment No. 3”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 1 payment, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Similarly, if the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 2 payment, then Community Benefit Payment No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase; Community Benefit Payment No. 2 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of a different Specific Plan Phase; and Community Benefit Payment No. 3 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of the final Specific Plan Phase. 4.2.3. Business Retention and Local Vendors. Owner assumes the risk and shall be solely liable for any and all relocation benefits that are payable to any existing tenants in accordance with Government Code Sections 7260 et. seq. (See also Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 101 Cal.App.4th 1317). Owner shall defend and indemnity the City against any and all relocation claims. 4.2.4. Hotel Economic Benefits. The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. Owner shall employ commercially reasonable efforts to secure a four-star hotel or above out of a five-star rating system as widely recognized and commonly used in the hospitality industry. 4.2.5. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. City Council 22 – 268 9/17/2024 -17- (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of 4 free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: (a) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the southern Mixed- Use/Village Core district as set forth in the Specific Plan; and (b) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the northern Mixed-use/Residential district as set forth in the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 13.1 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.6. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, hotel, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project City Council 22 – 269 9/17/2024 -18- (g) Ecology & Wellness. Owner shall exercise commercially reasonable efforts to implement a single use plastic or non-biodegradable plastic use reduction program with retail tenants where feasible, with the exception of the grocer. (h) Carbon Sequestering. Owner shall exercise commercially reasonable efforts to incorporate carbon sequestering vegetation in the landscaping plans (i) Fitwell. Owner shall exercise commercially reasonable efforts to obtain Fitwell certification for the residential components of the Project. (j) Bike Lockers. With issuance of each building permit, Owner shall provide for and maintain and secure bike lockers or bike storage rooms on the Property. At least half of the lockers shall be made available for free to Project residents and employees. 4.2.7. Orange County Flood Control District Parcel: The Orange County Flood Control District owns an approximately 0.2 acre parcel (APN 412-131-27) adjacent to, and immediately northeast of, the Property (“OCFCD Parcel”). Owner shall make a reasonable and good faith effort to work cooperatively with City and the Orange County Flood Control District to improve and maintain the OCFCD Parcel. 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In -Lieu Fee. Upon timely payment of the Twenty-Two Million dollar ($22,000,000) Community Benefit Payment as provided in Section 4.2.2, Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit (excluding Senior Assisted Living Community units, identified in Section 4.1.3 of the Specific Plan as Congregate Housing, Assisted Living or Memory Care units). At Owner’s sole discretion, Owner may convert any Senior Assisted Living Community units to Independent Living units (as defined in Section 4.1.3 of the Specific Plan) and/or multifamily market rate units by paying the in-lieu housing fee in accordance with this Agreement. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. City Council 22 – 270 9/17/2024 -19- 6.1.1. The City shall review this Agreement annually, on or before July 1, 2025, and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Hotel, (vii) Residential, (viii) Commercial, (ix) Office (x) Parking (xi) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2025 – 1st Report Year 1 of 20 of Agreement City Council 22 – 271 9/17/2024 -20- Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 3,750 100 200 3,550 On target with 300 to be completed in the next period Hotel 250 250 250 0 Completed Commercial New 350,000 150,000 150,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, (v) Hotel Visitors Tax (HVT) (vi) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2024 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax TOT (HVT) Business Tax Franchise Tax UUT City Council 22 – 272 9/17/2024 -21- 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give City Council 22 – 273 9/17/2024 -22- written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City’s existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and, therefore, each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party (and City Council 22 – 274 9/17/2024 -23- the expiration of all applicable notice and cure periods) shall be an action for specific performance or a termination of this Agreement by such non-defaulting party’s obligations under this Agreement (subject to the terms and provisions of Section 6.3.3), and each party hereto expressly waives any other remedy they might otherwise be entitled to pursue, at law or in equity, against the other, and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of City Council 22 – 275 9/17/2024 -24- Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.4 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of RCR to comply with or satisfy any of RCR’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by RCR. In the event RCR determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, RCR may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, RCR’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of City Council 22 – 276 9/17/2024 -25- Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property, the Leasehold Estate, or any Sub Leasehold Estate made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, the Leasehold Estate, or Sub Leasehold Estate, or any City Council 22 – 277 9/17/2024 -26- part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner or any Sub Ground Lessee, as applicable, of a default by Owner or any Sub Ground Lessee under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner or any Sub Ground Lessee, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner and each Sub Ground Lessee, as applicable, irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, or any Sub Ground Lessee’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner and/or any such Sub Ground Lessee, as applicable, provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner or any Sub Ground Lessee until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 10.3 above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner and any applicable Sub Ground Lessee have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s and/or any Sub Ground Lessee’s, as applicable, notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner and/or any applicable Sub Ground Lessee have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s and/or any applicable Sub Ground Lessee’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation City Council 22 – 278 9/17/2024 -27- hereunder to cure or complete any cure of any breach or default by Owner or any applicable Sub Ground Lessee hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Owner’s or any Sub Ground Lessee’s Leasehold Estate or Sub Leasehold Estate, as applicable (and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Leasehold Estate or any Sub Leasehold Estate, and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate so transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner or any Sub Ground Lessee, as applicable, under this Agreement only so long as such transferee holds title to the Leasehold Estate or Sub Leasehold Estate, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase to which such Leasehold Estate or applicable Sub Leasehold Estate applies. (iii) Following the transfer, if any, described in Section 10.1.3(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any Sub Ground Lessee, or to any entity holding an interest in Owner or any Sub Ground Lessee, direct or indirect, that is secured by a pledge of equity interests in Owner or any applicable Sub Ground Lessee, direct or indirect, shall be entitled to all of the rights and remedies under this Section 10.1.3 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner or any applicable Sub Ground Lessee shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Leasehold Estate, or a Sub Leasehold Estate, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Leasehold Estate or Sub Leasehold Estate as applicable, or part thereof, subject to the terms of City Council 22 – 279 9/17/2024 -28- this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. (a) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 9.1.6. Fee Owners’ Right to Encumber Property. Fee Owners shall have the right to encumber the fee title in the Property by any mortgage, deed of trust or other security device securing financing for the fee title in the Property to the extent permitted pursuant to the terms of (and subject to all the terms and conditions set forth in) the Ground Lease, and nothing in this Agreement shall impair such right. Any Mortgagee of the fee title in the Property shall have all the benefits of a Mortgagee provided in this Agreement, including the right to receive notice of default and the right, but not obligation, to cure any default as permitted hereunder. Notwithstanding anything to the contrary in this Section 9.1, a Mortgagee of the fee title shall have no obligations under this Agreement except that upon any conveyance of fee title to such Mortgagee, the Mortgagee shall assume the express obligations of the Fee Owners under this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall City Council 22 – 280 9/17/2024 -29- be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or City Council 22 – 281 9/17/2024 -30- natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. City Council 22 – 282 9/17/2024 -31- 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 22 – 283 9/17/2024 -32- IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER RCR BRISTOL, LLC, a Delaware limited liability company By:_______________________ Name: Title: Dated: _______________ CITY City OF SANTA ANA, a California municipal corporation By:_________________________________ Mayor Dated: _______________ ATTEST: By:_________________________________ City Clerk Dated: _______________ APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP By:____________________________________ City Attorney Dated: _______________ City Council 22 – 284 9/17/2024 -33- JOINDER Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Development Agreement (the “Development Agreement”) to which this Joinder is attached. The undersigned Fee Owners are hereby entering into this Joinder for the sole purpose of subjecting their fee title to the Property to the burden and effect of the Development Agreement and, upon the recording of the Development Agreement in the Official Records of Orange County, fee title to the Property shall be encumbered by all of the terms and conditions of the Development Agreement; provided, however, notwithstanding the foregoing, the City acknowledges and agrees that unless the Fee Owners hereafter execute an Assignment and Assumption Agreement in a form approved by Fee Owners and the City in the manner described in Section 2.5.1 of the Development Agreement (the “Approved Form”), the Fee Owners (including members, partners, officers, agents or representatives of Fee Owners) shall have no liability, rights or obligations under the Development Agreement except for such rights or obligations expressly set forth for the benefit or burden of Fee Owners under the Development Agreement. Unless and until an Assignment and Assumption Agreement, in the Approved Form, is executed by the Fee Owners and City, City shall have no recourse against the Fee Owners or the fee title to the Property. Fee Owners shall receive notice of default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 of the Development Agreement. Fee Owners and their lenders shall be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20 of the Development Agreement. In addition, in the event that the Ground Lease is terminated, Fee Owners shall thereafter have the right to terminate the Development Agreement upon written notice to City, in which event the City shall cause to record a Termination Release with the Orange County Recorder. For avoidance of doubt, no modification of the Development Agreement pursuant to Section 2.7 of the Development Agreement shall limit or impair the rights of Fee Owners under this Joinder without the consent of Fee Owners. Greenville Ranch, LLC, a California limited liability company By: ___________________________ Alice Z. Callens, President By: ___________________________ Louise A. Callens, Secretary/Treasurer Executed as of __________________, 2024 City Council 22 – 285 9/17/2024 -34- MCG Bristol West, LLC, a California limited liability company By: ___________________________ David W. Cortney, Manager Executed as of __________________, 2024 BSG West Bristol, LLC, a California limited liability company By: ___________________________ Robert Bradley Gisler, Manager By: ___________________________ Susan E. Gisler, Manager Executed as of __________________, 2024 City Council 22 – 286 9/17/2024 EXHIBIT “A” (Legal Description of the Property) City Council 22 – 287 9/17/2024 EXHIBIT “B” (Map of the Property) City Council 22 – 288 9/17/2024 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated September 17, 2024 are incorporated herein by reference. Project Approvals include, but may not be limited to the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Related Bristol Specific Plan Final Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana Development Project No. 2022-31 (“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “Related Bristol” Specific Plan, dated July 2024, adopted by the City Council on _____, 2024, by way of Ord. No. __. 3. The Vesting Tentative Tract Map, dated July 29, 2024, approved by the City Council on September 17, 2024, by way of Resolution No. __. 4. The Zoning Map Amendment dated _______2023, adopted by the City Council on _____, 2024, by way of Ord. No. __ 084542\17991095v1 City Council 22 – 289 9/17/2024 Resolution No. 2024-XXX Page 1 of 8 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2023-01 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXED-USE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41-ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Steven Oh, with RCR Bristol, LLC (“Applicant”), on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (“Property Owners”), is requesting approval of Vesting Tentative Tract Map (“TTM”) No. 2023-01 to facilitate the construction of a mixed-use development (“Project”), known as the Related Bristol Specific Plan Project, at 3600 Bristol Street (“Project Site”). B. The Project entails, among other things, (1) demolition of the existing sixteen (16) structures on the Project Site; (2) the establishment of a new Related Bristol Specific Plan (SP No. 5) and a change of zone for the Project Site to the new Related Bristol Specific Plan (SP No. 5) designation; (3) redevelopment of the Project Site into 3,750 residential units, up to 350,000 square feet of commercial space, 250 hotel rooms, and 200 senior care units, including 6,520 onsite parking spaces, and 13.1 acres of onsite open space; and (4) approval of Vesting Tentative Tract Map (“VTTM”) No. 2023-01. C. The Project Site has a General Plan land use designation of District Center High (DC-5) and is located within the General Commercial (C2) zoning designation in the general northern portion of the Project Site and within the Commercial Residential (CR) zoning designation in the general southern portion of the Project Site. The City Council is considering the recommendation of approval of the adoption of an Amendment Application No. 2023-03 to establish the Related California Specific Plan (SP No. 5) and a Zone Change for the Project Site via a separate resolution on September 17, , 2024. D. Subdivision requests are governed by Chapter 34 and Chapter 41 of the Santa Ana Municipal Code (“SAMC”) and the California Subdivision Map Act (“SMA”). City Council 22 – 290 9/17/2024 Resolution No. 2024-XXX Page 2 of 8 E. Pursuant to Section 34-127 of the SAMC, approval of a VTTM application is required for projects proposing to create four or more parcels by the Planning Commission. F. On August 12, 2024, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023-01. G. On September 17, 2024, the City Council of the City of Santa Ana held a duly-noticed public hearing on VTTM No. 2023-01 H. The City Council of the City of Santa Ana determines that the following findings, in accordance with Section 66473.5 and 66474 of the SMA and Section 34-127 of the SAMC, which must be established in order to approve VTTM No. 2023-01, have been established: 1. The proposed project and its design and improvements are consistent with the General Plan land use designation and are otherwise consistent with all other Elements of the General Plan. The Project and its design and improvements are consistent with the General Plan land use designation of District Center – High (DC-5), which allows a maximum floor area ratio of 5.0 and up to 125 dwelling units per acre. In addition, the project supports several goals and policies of the General Plan. Specifically, the project is consistent with General Plan Land Use Element (LU) Goal 1, which encourages projects that improve quality of life and respects the existing community. Policy LU-1.2 supports innovative development policies to expand homeownership opportunities at all income levels. Policy LU-4.7 encourages the development of mixed-income developments with mixed housing types to create inclusive communities and economically diverse neighborhoods. Lastly Policy HE-2.5 of the Housing Element supports diverse types, prices, and sizes of housing. 2. The proposed project conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The project is consistent with the development standards specified within the project’s proposed Specific Plan (SP No. 5), including land use, height, minimum development site area, building frontages, publicly accessible open space, private/common open space, building setbacks, and parking and access. Further, the access and egress for the Project has been thoroughly review by the Public Works Agency for compliance with all applicable development standards. City Council 22 – 291 9/17/2024 Resolution No. 2024-XXX Page 3 of 8 3. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 41 acres of land and is physically suitable for the proposed development. The lot size, density, width, and lot coverage are consistent with the existing surrounding properties in the neighborhood and with proposed Specific Plan (SP No. 5) development standards. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injuries to fish or wildlife of their habitat. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. The project is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The design or improvements of the proposed project will not cause serious health problems. The subdivision will not have any detrimental effects upon the general public. The property will include necessary utilities and infrastructure improvements as required by the SAMC and SMA. 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use, of property within the proposed project. The design and improvements of the project will not conflict with easements necessary for public access or use of the property within the proposed project. In addition, the CC&Rs will ensure reciprocal access rights and maintenance agreements between properties. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (“SEIR”) that analyzed the Project’s environmental impacts in accord with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the “CEQA Guidelines”), and the City’s Local CEQA Guidelines. The Draft SEIR was made available for public review for 45 days between July 6, 2023 and City Council 22 – 292 9/17/2024 Resolution No. 2024-XXX Page 4 of 8 August 21, 2023. The document was made available online at the City of Santa Ana website and available for review at City Hall and the City of Santa Ana Public Library in hard copy form. In response to comments received on the Draft SEIR, t he City prepared a Final SEIR and released it to the public on August 1, 2024. The Final SEIR in the City Council Resolution for FEIR No. 2020029087 is incorporated herein by reference. The City Council Resolution for FEIR No. 2020029087 recommends certification of the Final SEIR, adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the City Council Resolution for FEIR No. 2020029087 as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves VTTM No. 2023-01, as conditioned in Exhibit A, attached hereto and incorporated herein for the Project at the Project Site, and as illustrated and attached hereto and incorporated herein as Exhibit B. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Staff Report dated September 17, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. This Resolution shall not be effective unless and until the City Council Resolution for FEIR No. 2020029087, the City Council Ordinance for Development Agreement No. 2023-02, the City Council Ordinance for Amendment Application No. 2023-03, and the City Council Resolution to overrule of Orange County John Wayne Airport Land Use Commission’s determination of inconsistency for the project are adopted and become effective. If said resolutions and ordinances are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Resolution shall be null and void and have no further force and effect. Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The Planning Manager is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and fo llowing the procedures established by Sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agenci es, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative d ispute resolution procedures (including, but not limited to arbitrations, mediations, and such City Council 22 – 293 9/17/2024 Resolution No. 2024-XXX Page 5 of 8 other procedures), judgments, orders, and decisions (collectively “Actions”), 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, a gencies, and instrumentalities thereof (including actions approved by the voters of t he City) for or concerning the P roject, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, t he 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 th at the City shall have the right to approve the legal counsel providing the City’s 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 promp tly notify the Applicant of any Action brought and City shall cooperate with Applican t in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The Planning Commission of the City of Santa Ana hereby declares that it would have adopted this Resolution 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. ADOPTED this 17th day of September, 2024. : _______________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:________________________ Laura A. Rossini Chief Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: City Council 22 – 294 9/17/2024 Resolution No. 2024-XXX Page 6 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on September 17, 2024. Date: ________________ ____________________________________ Jennifer L. Hall City Clerk City of Santa Ana City Council 22 – 295 9/17/2024 City Council 22 – 296 9/17/2024 City Council 22 – 297 9/17/2024 City Council 22 – 298 9/17/2024 City Council 22 – 299 9/17/2024 City Council 22 – 300 9/17/2024 City Council 22 – 301 9/17/2024 City Council 22 – 302 9/17/2024 City Council 22 – 303 9/17/2024 City Council 22 – 304 9/17/2024 City Council 22 – 305 9/17/2024 Resolution No. 2024-XXX Page 8 of 8 Exhibit B Vesting Tentative Tract Map No. 2023-01 City Council 22 – 306 9/17/2024 City Council 22 – 307 9/17/2024 City Council 22 – 308 9/17/2024 City Council 22 – 309 9/17/2024 City Council 22 – 310 9/17/2024 City Council 22 – 311 9/17/2024 City Council 22 – 312 9/17/2024 City Council 22 – 313 9/17/2024 City Council 22 – 314 9/17/2024 City Council 22 – 315 9/17/2024 City Council 22 – 316 9/17/2024 Exhibit 6 The Final Supplemental Environmental Impact Report (SEIR), Environmental Findings, Statement of Overriding Considerations, and the Mitigation, Monitoring, and Reporting Program for the Related Bristol Specific Plan are available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Specific Plan are also available for viewing online and in print at the same locations. *Please note that the Draft SEIR was originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 22 – 317 9/17/2024 Exhibit 7 – Link to Specific Plan Document and Parking Study The Final Draft Related Bristol Specific Plan document is available: Online on the City’s project webpage at: https://www.santa-ana.org/related- california-bristol-specific-plan/ Physically at: City Hall, Planning Counter 20 Civic Center Plaza Santa Ana, CA 92701 or Santa Ana Newhope* Library 122 N. Newhope Street Santa Ana, CA 92703 Copies of the Related Bristol Final Supplemental Environmental Impact Report (SEIR) are also available for viewing online and in print at the same locations. *Please note that the Final Draft Related Bristol Specific Plan and the Draft SEIR were originally posted at the Santa Ana Main Library, but due to a temporary closure of the facility stemming from renovations, the Final SEIR and related materials are physically available at the Newhope Library City Council 22 – 318 9/17/2024 RECORDED AT REQUEST OF: ) ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) ) ______________________________________________________________________________ Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2023-02 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and RCR BRISTOL, LLC A DELAWARE LIMITED LIABILITY COMPANY City Council 22 – 319 9/17/2024 -1- DEVELOPMENT AGREEMENT NO. 2023-02 This Development Agreement (“Agreement”) is entered into as of this ___ day of ___________, 2024 by and between the City of Santa Ana, California (“City”) on the one hand, and RCR BRISTOL, LLC, a Delaware limited liability company (“Owner” or “RCR”), on the other hand. City and Owner may be referred to in this Agreement individually as a “party” or collective as the “parties.” RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code. RCR has an option to enter into a long-term ground lease to the Property, which ground lease constitutes an equitable interest in the Property. B. This Agreement constitutes a current exercise of City’s police powers to provide predictability to RCR in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for RCR’s commitment to provide significant public benefits to City as set forth in Section 4 below. C. RCR has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. F. The provision by RCR of the public benefits as set forth in Section 4 below allows the City to realize significant economic, recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects, if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled “Related Bristol Specific Plan Final Supplemental Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana DP No. 2022-31 (“Project FEIR”). H. This Agreement and the Project are consistent with the Santa Ana General Plan. I. All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters. City Council 22 – 320 9/17/2024 -2- J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and 2.1 of the Specific Plan. will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et seq. of the Government Code are intended. L. On August 29, 2023, the City Council held a public hearing and authorized the City’s Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission’s Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics. M. On August 12, 2024 City’s Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 17, 2024, the City Council held a public hearing introducing this Agreement and considered the Planning Commission’s recommendations and the testimony and information submitted by City staff, RCR, and members of the public. On ________, consistent with applicable provisions of State law and the rules and regulations of the City, the City Council adopted Ordinance No. ___ finding this Agreement consistent with the City’s General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement (including in the recitals above) shall be defined as follows: 1.1.1. “Assigned Rights” has the meaning set forth in Section 2.5.1 hereof. 1.1.2. “Assignment and Assumption Agreement” has the meaning set forth in Section 2.5.1 hereof. 1.1.3. “Assumed Obligations” has the meaning set forth in Section 2.5.1 hereof. 1.1.4. “Agreement” means this Development Agreement. 1.1.5. “City” means the City of Santa Ana, a charter city and California municipal corporation. City Council 22 – 321 9/17/2024 -3- 1.1.6. “City Attorney” means the City of Santa Ana City Attorney. 1.1.7. “City Council” means the duly elected city council of the City of Santa Ana. 1.1.8. “Development” means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. “Development Impact Fee” means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10. “Development Plan” means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit “C.” 1.1.11. “Development Project Review Approvals” refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12. “Discretionary Action” or “Discretionary Approval” means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City, including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval (i.e., Development Project Review Approvals). 1.1.13. “Effective Date” means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14. “Executive Director” has the meaning set forth in Section 2.5.1 hereof. 1.1.15. “Existing Land Use Regulations” means the Land Use Regulations that are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.16. “Existing Project Approvals” means all Project Approvals approved or issued on or before the Effective Date. 1.1.17. “Fee Owners” shall collectively mean Greenville Ranch, LLC, BSG West Bristol, LLC, and MCG Bristol West, LLC, and their respective successors and assigns. 1.1.18. “Future Project Approvals” means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 22 – 322 9/17/2024 -4- 1.1.19. “Ground Lease” means the long term ground lease to be entered into by and between the Fee Owners, as ground lessors, and Owner, as ground lessee. 1.1.20. “Land Use Regulations” means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City’s General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative. “Land Use Regulations” does not include any City ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.21. “Leasehold Estate” means the leasehold estate to be created under the Ground Lease. 1.1.22. “Owner” means RCR or, as to each Project Phase that is the subject of a Sub Ground Lease, the Sub Ground Lessee under such Sub Ground Lease, and their successors in interest to all or any part of the applicable leasehold estate. 1.1.23. “Ministerial Approval,” or “Ministerial Act” means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project, including, without limitation, building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.24. “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.25. “Project” means the development of the Property, as more specifically described in Exhibit “A” and shown on Exhibit “B,” pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.26. “Project Open Space” means the approximately 13.1 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be ground leased and maintained by Owner. City Council 22 – 323 9/17/2024 -5- 1.1.27. “Project Phase” shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a “Project Phase” may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.28. “Project Approvals” means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, permits, entitlements, approvals (including Development Project Review Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include, but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit “C.” 1.1.29. “Property” means the real property described in Exhibit “A” and shown in Exhibit “B” to this Agreement. The Property is approximately 41.13 gross acres in size and is occupied by the Metro Town Square commercial development as of the Effective Date. It is composed of nine Assessor Parcel Numbers (APNs): 412-131-12, 412-131-13, 412-131-14, 412- 131-16, 412-131-17, 412-131-22, 412-131-24, 412-131-25 and 412-131-26. 1.1.30. “Public Benefit” refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.31. “Reservation of Rights” means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.32. “Specific Plan Phase” means any one of the three phases as shown on Figure 6-2 (Conceptual Phasing Plan) of the Related Bristol Specific Plan. 1.1.33. “Sub Ground Lease” shall mean a sub ground lease entered into by Owner with a third party pursuant to the terms of which Owner sub ground leases to such third party the portion of the Property referenced therein. 1.1.34. “Sub Ground Lessee” shall mean the lessee under any Sub Ground Lease. 1.1.35. “Sub Leasehold Estate” means the leasehold estate created under any Sub Ground Lease. 1.1.36. “Term” has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit “A” – Legal Description of the Property Exhibit “B” – Map showing Property and its location City Council 22 – 324 9/17/2024 -6- Exhibit “C” – Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan, the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property, subject to the terms and conditions of the Joinder attached hereto, which shall be executed by the Fee Owners and shall also bind the fee title to the Property subject to the terms and conditions of the Joinder attached hereto. 2.2. Ownership of Property. Owner represents and covenants that it has an option to enter into the Ground Lease, which Ground Lease constitutes an equitable interest in the Property. The Property’s fee simple owners are the Fee Owners as defined in Section 1.1.18. Owner does not have a fee simple interest in the Property. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City’s General Plan. 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty (20) years thereafter (the “Initial Term”), unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the “Term.” The Term, including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If Owner fails to enter into the Ground Lease within one (1) year of the Effective Date then this Agreement shall be null and void and of no further force or effect and the parties shall record a “Termination Release” as set forth in Section 10.1 below. (a) Owner has represented to City that Fee Owners are aware and understand of all of the terms of this Agreement and have consented to recordation of this Agreement against the Property subject to the terms and conditions of the Joinder attached hereto. Fee Owner shall City Council 22 – 325 9/17/2024 -7- execute the Joinder attached to this Agreement and the properly executed Joinder shall be provided to City no later than ten (10) days after approval of this Agreement by the City Council. (b) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner and Fee Owner shall cause this Agreement to be timely recorded against the Property no later than ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. (c) Failure of Owner to record this Agreement against the Property within ten (10) days following the receipt of the fully-executed, recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5) years if Owner achieves the following milestones: grading permits have been issued and construction has commenced on: (i) no less than 250,000 square feet of non-residential floor area (e.g., grocer, retail, restaurants); and (ii) a hotel, subject to financial feasibility. Owner shall remain eligible for the five (5) year extension if Owner determines that a hotel is financially infeasible and City, employing a commercial reasonableness standard, affirms same. Owner shall within 30 days reimburse City for the reasonable cost of the City’s review of the hotel financial feasibility study. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension, the City Council may nonetheless elect, in its sole discretion, to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement (and/or the ordinance approving this Agreement), or any of the Existing Project Approvals, the Owner will have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action, including any appeal, is finally resolved, whether by entry of a final, non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action (and the passage of time required to appeal an involuntary dismissal) by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project, the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or (2) the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. City Council 22 – 326 9/17/2024 -8- 2.5. Assignment. 2.5.1. Right to Sell, Transfer, Assign and Sub Ground Lease. Owner shall have the right, from time to time, to transfer all or portions of its interest in the Leasehold Estate and any Sub Leasehold Estate (including through the entering into of one or more Sub Ground Leases) (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm, limited liability company, or corporation and, in connection therewith, to assign its rights under this Agreement, in whole or in part, to said person, partnership, joint venture, firm, limited liability company (collectively, the “Assigned Rights”); provided, however, that any such assignment of any rights and obligations under this Agreement shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No transfer or assignment of any right or interest under this Agreement (in whole or in part) shall be made unless made together with the transfer of all or a part of the Leasehold Estate or Sub Leasehold Estate, as applicable, to which such rights or interests apply. (b) In connection with any such assignment of an Owner’s rights and obligations under this Agreement (in whole or in part), Owner shall notify City in writing at least sixty (60 days) in advance of any sale assignment and shall provide City with a draft assignment and assumption agreement (“Assignment and Assumption Agreement”), in a form reasonably satisfactory to City, to be entered into by Owner, such assignee, and the City, pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Leasehold Estate, or Sub Leasehold Estate, as applicable, being transferred, including, without limitation, the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof (collectively, the “Assumed Obligations”). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above, the burdens of this Agreement (as they relate to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate being transferred) shall be binding upon such transferee, but the benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the “Executive Director”) shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions, which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5) business days following receipt of Owner’s written request. The Executive Director’s failure to approve or disapprove the foregoing within thirty (30) days following the Executive Directors receipt of Owner’s written request shall constitute City’s approval of the same. (d) Owner shall include the following sentence in each assignment, transfer or other conveyance document: “The Parties agree and acknowledge that no building permits will be issued by the City for a particular Project Phase unless and until the Community Benefit City Council 22 – 327 9/17/2024 -9- Payment has been made for the applicable Specific Plan Phase which the particular Project Phase is in.” 2.5.2. No Release of Transferring Owner. Notwithstanding any sale, transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement (and such transferring Owner shall not be released from any of such obligations) with respect to the transferred Leasehold Estate or Sub Leasehold Estate, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals, the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that “Substantially Conforming Changes,” as herein defined, are necessary, desirable or appropriate, they may, unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City’s Planning and Building Agency or the Director’s designee. As used herein, a “Substantially Conforming Change” is a minor change, modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City’s sole and absolute discretion. The following are excluded from the definition of “Substantially Conforming Changes”: (1) changes to the timing or amount of the Project’s Twenty-Two Million dollar ($22,000,000) Community Benefit Payment; (2) changes to the In-Lieu Fee; (3) changes to the Project Open Space; and (4) changes to the Timing of Development as set forth in Sections 3.5.1 and 3.5.2. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above, this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. For avoidance of doubt, no modification of the Development Agreement pursuant to this Section 2.7 shall limit or impair the rights of Fee Owners under the attached Joinder without the consent of Fee Owners. 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). City Council 22 – 328 9/17/2024 -10- 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) (“Petition Deposit”) to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue, that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) (“Referendum Deposit”) with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g., legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner’s request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three (3) business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement, which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project’s 3,750 multi-family residential units, 350,000 square feet of commercial uses, 250 room hotel, and 200 senior living/continuum of care units; (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and (iii) written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. 2.9. Notices. 2.9.1. As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. City Council 22 – 329 9/17/2024 -11- 2.9.2. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8th Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Related California Residential, LLC 18201 Von Karman Avenue, Ste 900 Irvine, CA 92612 Attn: Steven S. Oh E-mail: Steven.Oh@Related.com Copies to: Sean Matsler, Esq. Cox, Castle & Nicholson LLP 3121 Michelson Drive, Ste 200 Irvine, CA 92612 E-mail: smatsler@coxcastle.com If to Fee Owners: Greenville Ranch, LLC 8856 Sutter Circle, Unit 526b Huntington Beach, CA 92646 Attn: Alice Z. Callens And BSG West Bristol, LLC c/o Eide Bailly LLP 1505 Madrona St. N., Ste 800 Twin Falls, ID 83301 Attn: Jeff Spackman City Council 22 – 330 9/17/2024 -12- And MCG Bristol West, LLC 6618 Avenida Bizarro La Jolla, CA 92037 Attn: David Cortney 2.9.3. Either party may, by written notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 2.9.4. Consistent with the Joinder attached hereto, Fee Owners shall receive notice of any default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 below. Fee Owners and their lenders shall also be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20. 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein, the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of this Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.19). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication City Council 22 – 331 9/17/2024 -13- of land for public purposes; however the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights in Section 3.3 below, the rules, regulations and official policies governing, inter alia, permitted uses and Development of the Property, the density and intensity of use and of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing, the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations, but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals, provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only, to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations, policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including, without limitation, the City’s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. City Council 22 – 332 9/17/2024 -14- (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan, the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to City all such power and authority that cannot be or is not by this Agreement’s express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that City Council 22 – 333 9/17/2024 -15- case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so, the parties acknowledge and provide that Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 1,875 residential units unless and until Owner commences construction activities for at least 175,000 square feet of commercial development. Owner may construct commercial square footage beyond 175,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. 3.5.2. No less than 35,000 square feet of commercial development in Phase 1 or Phase 2 (as shown on Specific Plan Figure 6-2) shall consist of a grocer. 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law, no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement, the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City’s General Plan vision for the Property, which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Santa Ana Police Department Substation: Prior to or concurrent with the construction completion of the Project’s Phase 1, as contemplated by the Development Approvals), Owner shall provide City, upon the City’s written request, with exclusive use of a 500 square foot space and 3 dedicated parking stalls within the Property for use by the Santa Ana Police Department as an administrative substation. This substation space and parking stalls will be owned by Owner but improved (tenant improvements), operated and maintained by the Santa Ana Police Department. The final location of the substation and its parking stalls are City Council 22 – 334 9/17/2024 -16- envisioned to be located in one of the buildings along Plaza Drive or MacArthur in Phase 3 of the Project, as contemplated by the Development Approvals, but may be temporarily located anywhere on the Property, including potentially within existing commercial center. The substation and its parking stalls may be relocated within the Property subject to the mutual agreement of the parties. For the Term of the Agreement, Owner shall maintain private onsite security to monitor all areas of the Property. 4.2.2. Project Community Benefit Package: The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project, property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Twenty-Two Million dollar ($22,000,000) payment (“Community Benefit Payment”), which Community Benefit Payment shall be allocated at the City’s sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Eight Million dollars ($8,000,000) prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project’s first Specific Plan Phase (“Community Benefit Payment No. 1”); (2) Six Million dollars ($6,000,000) prior to the issuance of the first building permit in furtherance of the Project’s second Specific Plan Phase (“Community Benefit Payment No. 2”); and (3) Eight Million dollars ($8,000,000) prior to the issuance of the first building permit in furtherance of any component of the Project’s third Specific Plan Phase except for building permits in furtherance of the Project Open Space (“Community Benefit Payment No. 3”). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 1 payment, then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Similarly, if the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and 1 day from the date of the Community Benefit Payment No. 2 payment, then Community Benefit Payment No. 3 shall accrue simple interest at a rate of five percent (5%) per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order. Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase; Community Benefit Payment No. 2 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of a different Specific Plan Phase; and Community Benefit Payment No. 3 shall be paid prior to or concurrent with the issuance of the first building permit in furtherance of the final Specific Plan Phase. 4.2.3. Business Retention and Local Vendors. Owner assumes the risk and shall be solely liable for any and all relocation benefits that are payable to any existing tenants in accordance with Government Code Sections 7260 et. seq. (See also Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 101 Cal.App.4th 1317). Owner shall defend and indemnity the City against any and all relocation claims. 4.2.4. Hotel Economic Benefits. The hotel(s) shall be operated under a recognized hotel flag or by a boutique hotel operator with a demonstrated track record of success operating similar hotels. Owner shall employ commercially reasonable efforts to secure a four-star hotel or above out of a five-star rating system as widely recognized and commonly used in the hospitality industry. 4.2.5. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. City Council 22 – 335 9/17/2024 -17- (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design, health, and wellness. (b) Owner shall provide a total minimum of 4 free on-site events per year for the general public (e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: (a) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the southern Mixed- Use/Village Core district as set forth in the Specific Plan; and (b) a minimum of two (2) free events per year shall be provided commencing one year after the completion of the northern Mixed-use/Residential district as set forth in the Specific Plan. Owner’s obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g., Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 13.1 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35, Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.6. Construction Standards. (a) Leadership in Energy and Environmental Design (LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle (“EV”) Parking. No less than 5% of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10% of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. (d) Signage Program. Owner shall implement a signage program to promote mass transit, provide ride-share infrastructure & bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, hotel, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project City Council 22 – 336 9/17/2024 -18- (g) Ecology & Wellness. Owner shall exercise commercially reasonable efforts to implement a single use plastic or non-biodegradable plastic use reduction program with retail tenants where feasible, with the exception of the grocer. (h) Carbon Sequestering. Owner shall exercise commercially reasonable efforts to incorporate carbon sequestering vegetation in the landscaping plans (i) Fitwell. Owner shall exercise commercially reasonable efforts to obtain Fitwell certification for the residential components of the Project. (j) Bike Lockers. With issuance of each building permit, Owner shall provide for and maintain and secure bike lockers or bike storage rooms on the Property. At least half of the lockers shall be made available for free to Project residents and employees. 4.2.7. Orange County Flood Control District Parcel: The Orange County Flood Control District owns an approximately 0.2 acre parcel (APN 412-131-27) adjacent to, and immediately northeast of, the Property (“OCFCD Parcel”). Owner shall make a reasonable and good faith effort to work cooperatively with City and the Orange County Flood Control District to improve and maintain the OCFCD Parcel. 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e., the Affordable Housing and Opportunity Ordinance) because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below, which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner’s sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XVIII.I for any unit that has not received a Certificate of Occupancy. 5.1.1. In -Lieu Fee. Upon timely payment of the Twenty-Two Million dollar ($22,000,000) Community Benefit Payment as provided in Section 4.2.2, Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00) per habitable square foot of each market rate residential unit (excluding Senior Assisted Living Community units, identified in Section 4.1.3 of the Specific Plan as Congregate Housing, Assisted Living or Memory Care units). At Owner’s sole discretion, Owner may convert any Senior Assisted Living Community units to Independent Living units (as defined in Section 4.1.3 of the Specific Plan) and/or multifamily market rate units by paying the in-lieu housing fee in accordance with this Agreement. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. City Council 22 – 337 9/17/2024 -19- 6.1.1. The City shall review this Agreement annually, on or before July 1, 2025, and annually thereafter until the expiration of this Agreement, in order to ascertain the compliance by Owner with the terms of this Agreement (“Annual Review”). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty (30) days after written notice from the City Manager, then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an “Annual Review and Administration Fee” sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee” shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project, including, but not limited to, the following: (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Hotel, (vii) Residential, (viii) Commercial, (ix) Office (x) Parking (xi) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2025 – 1st Report Year 1 of 20 of Agreement City Council 22 – 338 9/17/2024 -20- Use Approved SF/Units/Rooms Total Completed In Period Cumulative Total Completed Remaining to Be Completed Status & Look Ahead Residential 3,750 100 200 3,550 On target with 300 to be completed in the next period Hotel 250 250 250 0 Completed Commercial New 350,000 150,000 150,000 200,000 150k completed for Tenant X. 20-Year lease. Negotiating with Tenant Y for a 15 year lease. (c) Progress relative to economic projections of: (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, (v) Hotel Visitors Tax (HVT) (vi) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City’s cooperation, substantially similar to the following: Reporting Period: 2024 – _____ Year 1 of 20 of Agreement Revenue Total for Period Cumulative to date Percentage increase over 2018 Base Year Status & Look Ahead Property Tax Property Tax In-Lieu of VLF Sales Tax TOT (HVT) Business Tax Franchise Tax UUT City Council 22 – 339 9/17/2024 -21- 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project’s first building permit, but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review, the City Manager, or the City Manager’s designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager’s designee, finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty (60) days after of the effective date of the Planning Commission’s notice or, in the event that such problem cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such sixty (60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City’s rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give City Council 22 – 340 9/17/2024 -22- written notice to Owner of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or, in lieu of termination and with the consent of Owner, modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall, upon request by Owner, issue a Certificate of Agreement Compliance (“Certificate”) to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) Owner is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner, City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City’s existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and, therefore, each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party (and City Council 22 – 341 9/17/2024 -23- the expiration of all applicable notice and cure periods) shall be an action for specific performance or a termination of this Agreement by such non-defaulting party’s obligations under this Agreement (subject to the terms and provisions of Section 6.3.3), and each party hereto expressly waives any other remedy they might otherwise be entitled to pursue, at law or in equity, against the other, and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance, Owner, for itself, its successors and assignees, hereby releases City, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ Owner’s Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..” By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. _______________ City’s Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of City Council 22 – 342 9/17/2024 -24- Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, City may terminate or modify this Agreement pursuant to this Section 7.4 only after providing written notice to Owner of default setting forth the nature of the default and the actions, if any, required by Owner to cure such default and, where the default can be cured Owner has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that, notwithstanding anything stated to the contrary in this Agreement: (a) the failure of RCR to comply with or satisfy any of RCR’s obligations under this Agreement shall not limit or impair a transferee’s rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee) under Section 2.5.1 of this Agreement and (b) the failure of any transferee to satisfy such transferee’s Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by RCR. In the event RCR determines, in its sole discretion, prior to issuance of the first demolition permit implementing the first Specific Plan Phase, that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, RCR may terminate this Agreement by providing the City with 30 days written notice. Notwithstanding this or other provisions herein, RCR’s indemnity and defense obligations shall survive such termination for the later of twelve (12) months or expiration of the statute of limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights. Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning Agreement. Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any permit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action, proceeding or determination included within this Section 8.1 no later than fourteen (14) business days and City’s receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action, proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of City Council 22 – 343 9/17/2024 -25- Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys’ fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either (1) approve the attorney(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, conditioned, or delayed; or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property, the Leasehold Estate, or any Sub Leasehold Estate made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property, the Leasehold Estate, or Sub Leasehold Estate, or any City Council 22 – 344 9/17/2024 -26- part thereof, which Mortgagee, has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner’s obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Mortgagee’s Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above, a true, correct and complete copy of any written notice sent to Owner or any Sub Ground Lessee, as applicable, of a default by Owner or any Sub Ground Lessee under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner or any Sub Ground Lessee, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner and each Sub Ground Lessee, as applicable, irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner’s, or any Sub Ground Lessee’s, part to be kept, observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner and/or any such Sub Ground Lessee, as applicable, provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. (ii) Mortgagee’s Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner or any Sub Ground Lessee until and unless: (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 10.3 above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner and any applicable Sub Ground Lessee have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner’s and/or any Sub Ground Lessee’s, as applicable, notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner and/or any applicable Sub Ground Lessee have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner’s and/or any applicable Sub Ground Lessee’s notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period, or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation City Council 22 – 345 9/17/2024 -27- hereunder to cure or complete any cure of any breach or default by Owner or any applicable Sub Ground Lessee hereunder. (b) Permitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement, the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Owner’s or any Sub Ground Lessee’s Leasehold Estate or Sub Leasehold Estate, as applicable (and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage, whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Leasehold Estate or any Sub Leasehold Estate, and the concurrent transfer of the Owner’s or any Sub Ground Lessee’s rights under this Agreement with respect to the Project Phase that is the subject of the Leasehold Estate or Sub Leasehold Estate so transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner or any Sub Ground Lessee, as applicable, under this Agreement only so long as such transferee holds title to the Leasehold Estate or Sub Leasehold Estate, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase to which such Leasehold Estate or applicable Sub Leasehold Estate applies. (iii) Following the transfer, if any, described in Section 10.1.3(b)(i) above, all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any Sub Ground Lessee, or to any entity holding an interest in Owner or any Sub Ground Lessee, direct or indirect, that is secured by a pledge of equity interests in Owner or any applicable Sub Ground Lessee, direct or indirect, shall be entitled to all of the rights and remedies under this Section 10.1.3 that are afforded to a Mortgagee under this Agreement, (i) provided that Owner or any applicable Sub Ground Lessee shall have provided to City written notice setting forth the name and address of any such lender, and (ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee, and shall not impair any of the rights and remedies afforded any Mortgagee, hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Leasehold Estate, or a Sub Leasehold Estate, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Leasehold Estate or Sub Leasehold Estate as applicable, or part thereof, subject to the terms of City Council 22 – 346 9/17/2024 -28- this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. (a) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner’s obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 9.1.6. Fee Owners’ Right to Encumber Property. Fee Owners shall have the right to encumber the fee title in the Property by any mortgage, deed of trust or other security device securing financing for the fee title in the Property to the extent permitted pursuant to the terms of (and subject to all the terms and conditions set forth in) the Ground Lease, and nothing in this Agreement shall impair such right. Any Mortgagee of the fee title in the Property shall have all the benefits of a Mortgagee provided in this Agreement, including the right to receive notice of default and the right, but not obligation, to cure any default as permitted hereunder. Notwithstanding anything to the contrary in this Section 9.1, a Mortgagee of the fee title shall have no obligations under this Agreement except that upon any conveyance of fee title to such Mortgagee, the Mortgagee shall assume the express obligations of the Fee Owners under this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten (10) days following Owner’s receipt of the fully-executed, recordable Agreement from the City. If the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument, that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a “Termination Release”). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall City Council 22 – 347 9/17/2024 -29- be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or City Council 22 – 348 9/17/2024 -30- natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1) week or more; (9) criminal acts or acts of terrorism; or (10) pandemic or government imposed quarantine (11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party’s reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event , provided that the Term of this Agreement shall not be extended pursuant to this section for more than five (5) years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16. Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. City Council 22 – 349 9/17/2024 -31- 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, Owner shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 22 – 350 9/17/2024 -32- IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. OWNER RCR BRISTOL, LLC, a Delaware limited liability company By:_______________________ Name: Title: Dated: _______________ CITY City OF SANTA ANA, a California municipal corporation By:_________________________________ Mayor Dated: _______________ ATTEST: By:_________________________________ City Clerk Dated: _______________ APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP By:____________________________________ City Attorney Dated: _______________ City Council 22 – 351 9/17/2024 -33- JOINDER Unless expressly defined herein, all capitalized terms used herein shall have the meanings ascribed to such terms in the Development Agreement (the “Development Agreement”) to which this Joinder is attached. The undersigned Fee Owners are hereby entering into this Joinder for the sole purpose of subjecting their fee title to the Property to the burden and effect of the Development Agreement and, upon the recording of the Development Agreement in the Official Records of Orange County, fee title to the Property shall be encumbered by all of the terms and conditions of the Development Agreement; provided, however, notwithstanding the foregoing, the City acknowledges and agrees that unless the Fee Owners hereafter execute an Assignment and Assumption Agreement in a form approved by Fee Owners and the City in the manner described in Section 2.5.1 of the Development Agreement (the “Approved Form”), the Fee Owners (including members, partners, officers, agents or representatives of Fee Owners) shall have no liability, rights or obligations under the Development Agreement except for such rights or obligations expressly set forth for the benefit or burden of Fee Owners under the Development Agreement. Unless and until an Assignment and Assumption Agreement, in the Approved Form, is executed by the Fee Owners and City, City shall have no recourse against the Fee Owners or the fee title to the Property. Fee Owners shall receive notice of default and have the right, but not obligation, to cure any default as permitted in Sections 9.1.2 and 9.1.3 of the Development Agreement. Fee Owners and their lenders shall be entitled to receive a Certificate of Compliance upon request as provided in Section 10.20 of the Development Agreement. In addition, in the event that the Ground Lease is terminated, Fee Owners shall thereafter have the right to terminate the Development Agreement upon written notice to City, in which event the City shall cause to record a Termination Release with the Orange County Recorder. For avoidance of doubt, no modification of the Development Agreement pursuant to Section 2.7 of the Development Agreement shall limit or impair the rights of Fee Owners under this Joinder without the consent of Fee Owners. Greenville Ranch, LLC, a California limited liability company By: ___________________________ Alice Z. Callens, President By: ___________________________ Louise A. Callens, Secretary/Treasurer Executed as of __________________, 2024 City Council 22 – 352 9/17/2024 -34- MCG Bristol West, LLC, a California limited liability company By: ___________________________ David W. Cortney, Manager Executed as of __________________, 2024 BSG West Bristol, LLC, a California limited liability company By: ___________________________ Robert Bradley Gisler, Manager By: ___________________________ Susan E. Gisler, Manager Executed as of __________________, 2024 City Council 22 – 353 9/17/2024 EXHIBIT “A” (Legal Description of the Property) City Council 22 – 354 9/17/2024 EXHIBIT “B” (Map of the Property) City Council 22 – 355 9/17/2024 EXHIBIT “C” Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated September 17, 2024 are incorporated herein by reference. Project Approvals include, but may not be limited to the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled “Related Bristol Specific Plan Final Environmental Impact Report” (State Clearinghouse House No. 2020029087 and City of Santa Ana Development Project No. 2022-31 (“Project FEIR”), which tiers off the GPU FEIR (SCH# 2020029087) that was certified by the City on April 19, 2022. 2. The “Related Bristol” Specific Plan, dated July 2024, adopted by the City Council on _____, 2024, by way of Ord. No. __. 3. The Vesting Tentative Tract Map, dated July 29, 2024, approved by the City Council on September 17, 2024, by way of Resolution No. __. 4. The Zoning Map Amendment dated _______2023, adopted by the City Council on _____, 2024, by way of Ord. No. __ 084542\17991095v1 City Council 22 – 356 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 357 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 358 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 359 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 360 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 361 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 362 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 363 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 364 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 365 9/17/2024 Exhibit 9 - Vesting Tentative Tract Map City Council 22 – 366 9/17/2024 ECONOMIC AND FISCAL IMPACT ANALYSIS Project Bristol, Santa Ana, CA February 7, 2023 Prepared for: RELATED CALIFORNIA Prepared by: THE NATELSON DALE GROUP, INC. P.O. Box 489 Yorba Linda, CA 92885 Telephone: (714) 692-9596 Fax: (714) 692-9597 Web: www.natelsondale.com Related Bristol, Santa Ana, CA Exhibit 10 City Council 22 – 367 9/17/2024 Table of Contents 1. Introduction ..................................................................................................................................... 1 Organization of the Report .............................................................................................................. 1 Scope of the study ........................................................................................................................... 1 Project Description .......................................................................................................................... 1 Categories of Fiscal Impacts Considered in the Study ..................................................................... 2 Categories of Regional Economic Benefits Considered in the Study ............................................... 3 2. Executive Summary .......................................................................................................................... 4 Annually-recurring Impacts to the City’s General Fund ................................................................... 4 Short-term (Construction) Impacts to Regional Economy ............................................................... 4 3. Fiscal Impacts ................................................................................................................................... 6 Annually Recurring Net Fiscal Impacts to General Fund (by Budget Category) .............................. 6 4. Economic Impacts ............................................................................................................................ 7 Study Methodology.......................................................................................................................... 7 Construction Impacts to Local Economy.......................................................................................... 7 APPENDICES Appendix A: Detailed Calculations for Fiscal Impact Analysis Appendix B: Economic Impact Analysis Inputs/Assumptions Exhibit 10 City Council 22 – 368 9/17/2024 Tables Table 1-1: Project Description ...................................................................................................................... 2 Table 2-1: General Fund Net Fiscal Summary .............................................................................................. 4 Table 2-2: Summary of Construction-Phase Economic Impacts .................................................................. 5 Table 3-1: General Fund Net Fiscal Impacts by Budget Category ................................................................ 6 Table 4-1: Detail of Construction-Phase Economic Impacts ........................................................................ 9 Exhibit 10 City Council 22 – 369 9/17/2024 THE NATELSON DALE GROUP, INC. Page 1 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 1. Introduction This report evaluates the direct fiscal impacts and the broader economic benefits that would result from development and operation of the Project Bristol mixed use project in the City of Santa Ana. The proposed project will involve demolition of the existing (partially vacant) retail shopping center on the site and construction of a vertical mixed-use development. A detailed project description is provided below. Organization of the Report This introduction summarizes the project description and describes the scope of the study. Chapter 2 provides a brief summary of the fiscal and economic benefits that the proposed project would generate. Chapter 3 evaluates the project’s recurring fiscal impacts on the entities that would be most directly affected. Chapter 4 examines the regional economic benefits that would result from the project’s construction phase. Appendix A fully documents the technical details of the fiscal analysis. Appendix B provides further technical documentation of the regional economic benefits analysis. Scope of the study The City of Santa Ana is the primary jurisdiction that would experience significant fiscal impacts as a result of the project. This report quantifies direct revenue and cost impacts to the City of Santa Ana based on standard fiscal impact analysis methodologies. The regional economic benefits analysis considers the temporary impacts associated with project construction. For the construction-phase impacts, the analysis considers direct (i.e., on-site) impacts as well as indirect or “multiplier” benefits in the larger regional (Orange County) economy. Project Description Table 1-1, on the following page, summarizes the specific land uses assumed for development on the project site. As shown in the table, the project would include 3,750 multi-family apartment units; 350,000 square feet of retail commercial space; a 250-room hotel; and a 200-unit senior living community. As also shown on Table 1-1, existing development on the site totals approximately 465,000 square feet of retail and commercial services space. Exhibit 10 City Council 22 – 370 9/17/2024 THE NATELSON DALE GROUP, INC. Page 2 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Table 1-1: Project Description Project Bristol City of Santa Ana Categories of Fiscal Impacts Considered in the Study The fiscal impact analysis focuses on permanent, annually-recurring impacts resulting from ongoing operation of the development project. The following categories of fiscal revenues are considered in the analysis: • Property Tax • Property Tax in lieu of VLF • Sales Tax • Transient Occupancy Tax • Business Tax • Other/miscellaneous General Fund revenues The following categories of municipal costs are included in the analysis: • Police • Fire • Library/Museum • Public Works • Community Development • Planning and Building • General Government (administration) Existing Proposed Conditions Project Net Change Residential Multi-family Residential (units)- 3,750 3,750 Total Residential Units - 3,750 3,750 Retail Grocery 47,208 50,000 2,792 Fitness 37,682 45,000 7,318 Food and Beverage 56,080 70,000 13,920 Other Retail 200,312 75,000 (125,312) Services (banking, medical, etc.) 123,781 110,000 (13,781) Commercial Total Square Feet 465,063 350,000 (115,063) Hotel Hotel Rooms - 250 250 Total Hotel - 250 250 Senior Living Senior Living (units) - 200 200 Total Senior Living - 200 200 Source: Project Applicant. Exhibit 10 City Council 22 – 371 9/17/2024 THE NATELSON DALE GROUP, INC. Page 3 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Categories of Regional Economic Benefits Considered in the Study During the construction period, the proposed project would generate the following types of economic benefits in the regional economy: Direct Benefits. Direct benefits relate to the short-term business activity of general contractors involved in the project construction. Indirect Benefits. Indirect benefits would result when local firms directly impacted by the project in turn purchase materials, supplies or services from other firms. An example would include increased sales of building materials as a result of construction activity. Induced Benefits. Induced benefits relate to the consumption spending of employees of firms that are directly or indirectly affected by the project. These would include all of the goods and services normally associated with household consumption (e.g., retail purchases, local services, etc.)1. The analysis quantifies the above benefits in terms of the following measures: Total industry output – the increase in gross industry receipts, representing the total economic activity generated by the project; Value added – the portion of total output that most accurately reflects local economic activity (i.e., local payrolls and profits, as distinct from gross output which may include the value of raw materials purchased outside the region); Jobs – expressed in this analysis in terms of both full-time and part-time jobs; and Payroll and benefits – the total labor income (employee compensation and proprietor income) associated with the created jobs. 1 To be conservative, this analysis assumes that most construction employees will “in-commute” to the project site (i.e., live outside of the City). This ensures that the analysis does not overstate induced economic impacts. See Section 4, page 7, for further detail. Exhibit 10 City Council 22 – 372 9/17/2024 THE NATELSON DALE GROUP, INC. Page 4 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 2. Executive Summary Annually-recurring Impacts to the City’s General Fund Table 2-1, below, summarizes the project’s recurring fiscal impacts to the City of Santa Ana. As shown on the table, at full buildout the project would generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year2. Thus, the proposed project would result in a net improvement of the City’s fiscal position of about $7.9 million per year. Table 2-1: General Fund Net Fiscal Summary Project Bristol City of Santa Ana Short-term (Construction) Impacts to Regional Economy This section provides a summary of the project’s construction-phase impacts to the Orange County economy. The summary includes the sum of all direct, indirect, and induced impacts, as shown on Table 2-2 below. The total construction-related impacts would include the following: Output: At buildout the project’s one-time construction activities would generate close to $2.9 billion in total economic activity in Orange County, through direct, indirect, and induced impacts. Value Added: At buildout the project’s one-time construction activities would generate approximately $2.2 billion in total value added in Orange County, through direct, indirect, and induced impacts. Employment: At buildout the project’s one-time construction activities would support approximately 5,900 jobs per year in Orange County, through direct, indirect, and induced impacts 3. 2 It should be noted that the existing shopping center has experienced increasing vacancies over time. As this trend is expected to continue based on foreseeable market conditions, the existing or baseline fiscal benefit associated with the project site is likely to decrease from current levels. 3 The jobs estimate is calculated by dividing the total number of jobs supported over the number of years for construction of the project. For example, If a worker is on the job site over the course of the entire project or over several years of the project, that job will be counted in IMPLAN more than once. (i.e. if a worker is on site for all 11 years of a construction project IMPLAN counts that as 11 jobs). However, this is in fact just one job sustained over 11 years of the project. Existing Proposed Ge neral Fund Category Conditions Project Ne t Change Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Impact $2,819,057 $10,710,086 $7,891,029 Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 22 – 373 9/17/2024 THE NATELSON DALE GROUP, INC. Page 5 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Labor Income: At buildout the project’s one-time construction activities would generate approximately $1.8 billion in total employee compensation in Orange County, through direct, indirect, and induced impacts. Table 2-2: Summary of Construction-Phase Economic Impacts Orange County Project Bristol Category Phase 1 Phase 2 Phase 3 Buildout Output (000s)$1,353,647 $567,150 $942,359 $2,863,156 Value Added (000s)$1,026,296 $445,271 $754,078 $2,225,646 Employment (avg. annual)2,427 1,468 1,970 5,865 Labor Income (000s)$833,520 $358,367 $603,966 $1,795,853 Source: IMPLAN; TNDG Exhibit 10 City Council 22 – 374 9/17/2024 THE NATELSON DALE GROUP, INC. Page 6 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 3. Fiscal Impacts Annually Recurring Net Fiscal Impacts to General Fund (by Budget Category) Table 3-1, below, shows the breakdown of the annual General Fund revenues and costs that would be generated by the proposed project. As shown on the table, at full buildout the project would generate a net surplus of approximately $10.7 million per year to the City’s General Fund. In comparison, the existing (partially vacant) commercial center on the site is estimated to generate a net fiscal benefit of about $2.8 million per year. Thus, the proposed project would result in a net improvement of the City’s fiscal position of about $7.9 million per year. Table 3-1: General Fund Net Fiscal Impacts by Budget Category Project Bristol – City of Santa Ana Existing Proposed Ge neral Fund Conditions Project Ne t Change Revenues Property Tax $183,131 $3,901,013 $3,717,881 Property Tax in lieu of VLF 90,991 1,938,257 1,847,267 Property Transfer Tax 3,601 76,706 73,105 Sales Tax (on-site) (1)2,831,528 3,500,000 668,473 Sales Tax (off-site) (1)0 805,729 805,729 Transient Occupancy Tax (TOT)0 1,899,095 1,899,095 Charges for Services 22,877 284,429 261,552 Fines 8,824 109,703 100,879 Franchise Fees 18,588 231,100 212,513 Intergovernmental 14,511 160,109 145,598 Licenses and Permits 9,329 115,987 106,658 Business Tax 95,064 133,043 37,979 Miscellaneous 11,885 147,762 135,878 Total Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures Library + Museum Fund 13,438 $138,906 $125,468 Parks, Recreation and Community Services 42,648 440,846 398,199 Police Department 204,856 176,498 (28,358) Fire Department 74,952 879,670 804,718 Planning and Building Agency 15,038 176,498 161,460 Public Works 15,209 178,495 163,287 Community Development 3,773 44,287 40,514 General Government 101,356 557,645 456,289 Total Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Fiscal Impact $2,819,057 $10,710,086 $7,891,029 (1) Sales tax projections are based on total City sales tax rate of 2.5%, including standard local sales tax rate of 1.0% and Measure X rate of 1.5%. Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 22 – 375 9/17/2024 THE NATELSON DALE GROUP, INC. Page 7 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) 4. Economic Impacts Study Methodology This analysis used the IMPLAN (Impact Analysis for Planning) economic impact modeling software to evaluate the project’s one-time construction impacts4. This software is classified as an “Input-Output” (IO) model that computes all of the economic impacts of industries in a user-defined region (in this case, Orange County), including the estimated local expenditures of employees of both project-direct and supplier firms. The current version of the IMPLAN model divides the economy into 546 sectors that correspond to 4-digit and 5-digit NAICS codes. For construction activity, the IMPLAN modeling system relies on data from the compiled U.S. Census Bureau instead of the NAICS system. The report appendix documents all of the assumptions used in this analysis to translate project specific data into IMPLAN model inputs. As shown in Appendix B, construction-related impacts are based on anticipated construction values provided by the applicant. These construction values were matched to the appropriate IMPLAN construction sector for the impact analysis. The economic benefits, discussed in the following sections, are expressed in terms of increased economic activity (“output”), value added, job creation, and employee compensation. See page 3 in the Introduction for definitions of these economic benefits measures. The following section summarizes total project construction-related impacts. Construction Impacts to Local Economy Table 4-1, on page 9, provides a detailed summary of the construction-phase impacts at buildout to the Orange County economy. Industry Output and Value Added During the construction phase, the project is projected to directly generate approximately $2.1 billion in total economic activity in Orange County, resulting in about to $1.7 billion in value added. In addition to its direct impacts, the indirect/induced impacts during project construction would include approximately $771.2 million in total economic activity and $489.8 million in value added (see page 3 for definitions of “direct”, “indirect” and “induced”). Thus, accounting for the full range of economic benefits in the County, during its construction phase the project will generate a grand total of about $2.9 billion in total industry output and approximately $2.2 billion in value added. Jobs Created and Employee Compensation During the construction phase the project is projected to generate approximately 4,756 directly related average annual jobs onsite and approximately 1,108 average annual jobs through indirect and induced economic activity. These are quantified as full-time, part-time and temporary jobs. Thus, accounting for the full range of economic benefits in Orange County – through direct, indirect, and induced activity – the project will generate close to 5,900 average annual jobs during the construction phase. The labor 4 This model was developed by researchers at the University of Minnesota and is widely used in economic impact analysis throughout the Country. Exhibit 10 City Council 22 – 376 9/17/2024 THE NATELSON DALE GROUP, INC. Page 8 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) income associated with these jobs would total approximately $1.8 billion. The employee compensation component of labor income would total approximately $1.39 billion5. To be conservative, this analysis assumes that a significant amount of construction employment will be brought in from outside Orange County. In the IMPLAN system, employment is site based, so even if a worker is brought in from outside the region they still count as “local” employment during the period of their work. However, we acknowledge that is unreasonable to assume that these outside workers will spend their income in the same way as residents. Thus, we have modified the Labor Income values for the construction Industry to account for payroll that is going to workers outside the region6. This ensures that the analysis does not overestimate induced impacts by accounting for employee spending that will, for the most part, not occur in the County. The adjustments to this analysis are documented in Appendix B, Table B-2. 5 Employee compensation is a “fully-loaded” payroll estimate: it includes wages and salaries, all benefits (e.g., health, retirement), and payroll taxes (both sides of social security, unemployment insurance taxes, etc.). 6 The IMPLAN system has built-in factors to estimate the “in-commuting rate” (rate at which local workers commute out of the region to go home), to reduce total income before it’s distributed to local households. However, for this analysis in-commuting rates for construction workers have been customized based on data specific to Orange County (from the U.S. Census Bureau’s Longitudinal Employer-Household Dynamics [LEHD] Origin-Destination Employment Statistics [LODES] data series). County-level jobs inflow and outflow data are available in a web-based mapping and reporting application (OnTheMap). See Appendix B for details of the “in- commuting rate” adjustment. Exhibit 10 City Council 22 – 377 9/17/2024 THE NATELSON DALE GROUP, INC. Page 9 Economic and Fiscal Impact Analysis Project Bristol Project (Santa Ana, CA) Table 4-1: Detail of Construction-Phase Economic Impacts Orange County Project Bristol Category Phase 1 Phase 2 Phase 3 Buildout Output (000s) Direct $983,093 $415,392 $693,459 $2,091,943 Indirect 119,243 43,689 66,750 229,682 Induced 251,312 108,069 182,150 541,532____________ ____________ ____________ ____________ Total $1,353,647 $567,150 $942,359 $2,863,156 Value Added (000s) Direct $791,713 $348,759 $595,368 $1,735,840 Indirect 74,059 27,484 42,363 143,905 Induced 160,525 69,029 116,347 345,901____________ ____________ ____________ ____________ Total $1,026,296 $445,271 $754,078 $2,225,646 Employment (avg. annual) Direct 1,958 1,192 1,606 4,756 Indirect 140 76 96 312 Induced 329 199 268 797____________ ____________ ____________ ____________ Total 2,427 1,468 1,970 5,865 Labor Income (000s) Direct $703,196 $305,012 $516,476 $1,524,684 Indirect 44,694 16,532 25,425 86,650 Induced 85,630 36,823 62,065 184,519____________ ____________ ____________ ____________ Total $833,520 $358,367 $603,966 $1,795,853 Source: IMPLAN; TNDG Exhibit 10 City Council 22 – 378 9/17/2024 APPENDIX A: Detailed Calculations for Fiscal Impact Analysis Exhibit 10 City Council 22 – 379 9/17/2024 Table A-1 Summary of Annual Impacts to General Fund Project Bristol City of Santa Ana Existing Proposed General Fund Conditions Project Net Change Revenues Property Tax $183,131 $3,901,013 $3,717,881 Property Tax in lieu of VLF 90,991 1,938,257 1,847,267 Property Transfer Tax 3,601 76,706 73,105 Sales Tax (on-site) (1)2,831,528 3,500,000 668,473 Sales Tax (off-site) (1)0 805,729 805,729 Transient Occupancy Tax (TOT)0 1,899,095 1,899,095 Charges for Services 22,877 284,429 261,552 Fines 8,824 109,703 100,879 Franchise Fees 18,588 231,100 212,513 Intergovernmental 14,511 160,109 145,598 Licenses and Permits 9,329 115,987 106,658 Business Tax 95,064 133,043 37,979 Miscellaneous 11,885 147,762 135,878 Total Revenues $3,290,327 $13,302,933 $10,012,605 Expenditures Library + Museum Fund 13,438 $138,906 $125,468 Parks, Recreation and Community Services 42,648 440,846 398,199 Police Department 204,856 176,498 (28,358) Fire Department 74,952 879,670 804,718 Planning and Building Agency 15,038 176,498 161,460 Public Works 15,209 178,495 163,287 Community Development 3,773 44,287 40,514 General Government 101,356 557,645 456,289 Total Expenditures $471,270 $2,592,846 $2,121,576 Net General Fund Fiscal Impact $2,819,057 $10,710,086 $7,891,029 (1) Sales tax revenue is based on total City sales tax rate of 2.5% of taxable sales, including standard local sales tax rate of 1.0% and Measure X rate of 1.5%. Source: The Natelson Dale Group, Inc. (TNDG). Exhibit 10 City Council 22 – 380 9/17/2024 Table A-2 Land Use Assumptions for Fiscal Impact Analysis Project Bristol City of Santa Ana Existing Proposed Conditions Project Net Change Residential Multi-family Residential (units)- 3,750 3,750 Total Residential Units - 3,750 3,750 Retail Grocery 47,208 50,000 2,792 Fitness 37,682 45,000 7,318 Food and Beverage 56,080 70,000 13,920 Other Retail 200,312 75,000 (125,312) Services (banking, medical, etc.) 123,781 110,000 (13,781) Commercial Total Square Feet 465,063 350,000 (115,063) Hotel Hotel Rooms - 250 250 Total Hotel - 250 250 Senior Living Senior Living (units) - 200 200 Total Senior Living - 200 200 Source: Project applicant. Exhibit 10 City Council 22 – 381 9/17/2024 Table A-3a Fiscal Analysis Factors: Assessed Valuation, Taxable Sales and Hotel Revenue per Available Room (RevPAR) Project Bristol City of Santa Ana Taxable Sales Total Assessed per SF /Assessed Development Category Units or SF Value/Unit or SF RevPAR Value Residential Apartments 3,750 $450,000 N/A $1,687,500,000 Retail/Restaurant Existing 465,063 $204 $244 $94,886,718 New 350,000 $350 $400 $122,500,000 Hotel Hotel Rooms 250 $325,000 $220 $81,250,000 Senior Living Senior Living Units 200 $650,000 N/A $130,000,000 Source:Orange County Assessor's Office (for exsiting assessed value); TNDG. Exhibit 10 City Council 22 – 382 9/17/2024 Table A-3b Fiscal Analysis Factors: Assessed Valuation, Taxable Sales and Hotel Revenue per Available Room (RevPAR) Project Bristol City of Santa Ana Estimated Estimated Total Onsite Jobs per Residents per Unit2 Onsite Residents (or Development Category Units or SF Unit or SF1 or Hotel Room Employees Hotel Equivalent) Residential Apartments 3,750 1/30 1.73 125 6,488 Retail/Restaurant Existing 465,063 371 N/A 1,255 N/A New 350,000 324 N/A 1,082 N/A Hotel Hotel Rooms 250 1.00 0.55 250 137 Senior Living Senior Living Units 200 0.64 1.50 127 300 TOTAL RESIDENT EQUIVALENTS 6,925 Source:TNDG. Notes: 1 Retail employment densities are weighted averages based on the following factors: restaurants - 1 employee/150 square feet; grocery/big box - 1 employee/500 square feet; other retail/services - 1 employee/400 square feet. 2. Hotel guests are expressed as a "resident equivalent" based on anticipated occupancy levels. Exhibit 10 City Council 22 – 383 9/17/2024 Table A-4a Assessed Value Estimates by Project Component Project Bristol - EXISTING CONDITIONS City of Santa Ana Assessed Project Component Units / SF Value Residential - $0 Retail 465,063 $94,886,718 Hotel - $0 Senior Living - $0 Total Assessed Value $94,886,718 Source: Orange County Assessor's Office; TNDG. Exhibit 10 City Council 22 – 384 9/17/2024 Table A-4b Assessed Value Estimates by Project Component Project Bristol - PROPOSED DEVELOPMENT City of Santa Ana Assessed Project Component Units / SF Value Residential 3,750 $1,687,500,000 Retail 350,000 $122,500,000 Hotel 250 $81,250,000 Senior Living 200 $130,000,000 Total Assessed Value $2,021,250,000 Source: TNDG. Exhibit 10 City Council 22 – 385 9/17/2024 Table A-5 Total Property Tax Increment by Agency Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Total Assessed Value $94,886,718 $2,021,250,000 $2,116,136,718 Total Property Tax @ 1.0% of Assessed Value $948,867 $20,212,500 $21,161,367 City of Santa Ana General Fund Share 19.3%19.3% Annual General Fund Revenue $183,131 $3,901,013 $3,717,881 Source:TNDG. Exhibit 10 City Council 22 – 386 9/17/2024 Table A-6 Projected Property Tax In Lieu of Vehicle License Fees (VLF) Project Bristol City of Santa Ana Citywide Assessed Value (in $000's)1 $38,930,804 Base Value for Property Tax in Lieu of VLF2 $37,332,300 Variable Existing Conditions Proposed Project Net Change Total Assessed Value (Project)$94,886,718 $2,021,250,000 $2,116,136,718 Percentage of Citywide Assessed Value 0.2%5.2%4.9% Annual Property Tax In Lieu of VLF $90,991 $1,938,257 $1,847,267 Sources: City of Santa Ana Budget (FY 2022-2023 and 2021 Comprehensive Annual Financial Report (CAFR); TNDG. Notes:1. See Tables A-4a and A-4b. Exhibit 10 City Council 22 – 387 9/17/2024 Table A-7 Estimate of Real Property Documentary Transfer Tax Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Total Assessed Value $94,886,718 $2,021,250,000 $2,116,136,718 Annual Ownership Turnover Rate 6.9%6.9% Annual Value of Properties Sold $6,547,184 $139,466,250 $132,919,066 City Documentary Transfer Tax Rate 0.055%0.055% Annual City Revenue $3,601 $76,706 $73,105 Source: TNDG Exhibit 10 City Council 22 – 388 9/17/2024 Table A-8 Estimate of On-Site Taxable Sales and City Sales Tax Revenue Project Bristol City of Santa Ana Project Component Existing Conditions Proposed Project Net Change Taxable Sales:$113,261,100 $140,000,000 $26,738,900 On-Site Sales Tax @ 2.5% of Taxable Sales $2,831,528 $3,500,000 $668,473 Source: TNDG Exhibit 10 City Council 22 – 389 9/17/2024 Table A-9 Estimate of New City Off-Site Sales Tax Project Bristol City of Santa Ana Proposed Project Apartment Residents Total Taxable Spending of Residents1 $123,648,000 % Captured Offsite (within Santa Ana)25% New Taxable Sales in City $30,912,000 City Sales Tax Revenue @ 2.5%$772,800 Hotel Guests Rooms 250 Occupancy Rate 86% Visitors @ 1.1/occupied room 237 Spending per Visitor (annualized)$6,844 Total Taxable Retail Sales $1,618,606 % Captured Offsite (within Santa Ana)25% New Taxable Sales in City $404,652 City Sales Tax Revenue @ 2.5%$10,116 Senior Living Total Dwelling Units 200 Average Daily Retail Expenditures per Unit $50.00 Total Taxable Retail Sales $3,650,000 % Captured in City (within Santa Ana)25% New Taxable Sales in City $912,500 City Sales Tax Revenue @ 2.5%$22,813 Total Projected Off-Site Taxable Sales:$32,229,152 Total Projected Off-Site Sales Tax Revenue:$805,729 (1) Estimated based on number of households and average household income level. Source: TNDG. Exhibit 10 City Council 22 – 390 9/17/2024 Table A-10 Estimate of Transient Occupancy Tax (TOT) Revenue Project Bristol City of Santa Ana Annual Total/ Average Hotel rooms 250 Average annual occupancy rate 86% Occupied room nights 78,475 Average room rate $220.00 Total annual room revenue $17,264,500 City TOT Revenue @ 11%$1,899,095 Source: TNDG Exhibit 10 City Council 22 – 391 9/17/2024 Table A-11 Estimate of New Employees Project Bristol City of Santa Ana Existing Conditions Proposed Project Net Change Residential - 125 125 Retail 1,255 1,082 (174) Hotel - 250 250 Senior Living - 300 300 Total 1,255 1,757 501 Source: TNDG. Exhibit 10 City Council 22 – 392 9/17/2024 Table A-12 Derivation of Revenue Projection Factors Project Bristol City of Santa Ana City of Santa Ana Population 308,459 City of Santa Ana, Employee Population 161,086 Employee Weighting Factor 0.50 Effective Employee Population 80,543 Citywide GF Budget Allocation Relevant Per Capita Budget Category FY 2021/22 Basis1 Population Revenue Charges for Services $14,179,600 R+E 389,002 $36.45 Fines 5,469,000 R+E 389,002 14.06 Franchise Fees 11,521,000 R+E 389,002 29.62 Intergovernmental 7,132,040 R 308,459 23.12 Licenses and Permits 5,782,270 R+E 389,002 14.86 Business Tax 12,200,000 E 161,086 75.74 Miscellaneous 7,366,370 R+E 389,002 18.94 Sources:State of California, Department of Finance, E-5 Table (01/01/2022); Census On the Map (2019); City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. Notes:1. Allocation basis: R - residents; R+E - residents plus effective employee population; E - employees. GF = General Fund. Exhibit 10 City Council 22 – 393 9/17/2024 Table A-13a Projected General Fund Revenues Project Bristol - EXISTING CONDITIONS City of Santa Ana Charges for Franchise Inter-Licenses Business Variable Services Fines Fees Governmental and Permits Tax Miscellaneous Allocation Basis R+E R+E R+E R R+E E R+E Residents - - - - - - - Onsite Employees 1,255 1,255 1,255 1,255 1,255 1,255 1,255 Weighting Factor 0.50 0.50 0.50 0.50 0.50 1.00 0.50 Population Equivalent 628 628 628 628 628 1,255 628 Per Capita Revenue $36.45 $14.06 $29.62 $23.12 $14.86 $75.74 $18.94 Total Annual Revenue $22,877 $8,824 $18,588 $14,511 $9,329 $95,064 $11,885 Source: TNDG. Exhibit 10 City Council 22 – 394 9/17/2024 Table A-13b Projected General Fund Revenues Project Bristol - PROPOSED PROJECT City of Santa Ana Charges for Franchise Inter-Licenses Business Variable Services Fines Fees Governmental and Permits Tax Miscellaneous Allocation Basis R+E R+E R+E R R+E E R+E Residents 6,925 6,925 6,925 6,925 6,925 6,925 6,925 Onsite Employees 1,757 1,757 1,757 1,757 1,757 1,757 1,757 Weighting Factor 0.50 0.50 0.50 0.50 0.50 1.00 0.50 Population Equivalent 7,803 7,803 7,803 6,925 7,803 1,757 7,803 Per Capita Revenue $36.45 $14.06 $29.62 $23.12 $14.86 $75.74 $18.94 Total Annual Revenue $284,429 $109,703 $231,100 $160,109 $115,987 $133,043 $147,762 Source: TNDG. Exhibit 10 City Council 22 – 395 9/17/2024 Table A-14 Derivation of Cost Projection Factors Project Bristol City of Santa Ana City of Santa Ana Population 308,459 City of Santa Ana, Employee Population 161,086 Employee Weighting Factor 0.50 Effective Employee Population 80,543 Adjustment Citywide For New Adjusted GF Budget Servic e General Fund Allocation Relevant Per Capita Budget Category FY 2021/22 Population Cost Basis Basis1 Population Costs Library + Museum Fund $7,338,370 90%$6,604,533 R 308,459 $21.41 Parks, Recreation, and Community Services 23,289,740 90%20,960,766 R 308,459 67.95 Police Department 141,082,500 90%126,974,250 R+E 389,002 326.41 Fire Department 51,618,690 90%46,456,821 R+E 389,002 119.43 Planning and Building Agency 15,535,280 60%9,321,168 R+E 389,002 23.96 Public Works 15,711,070 60%9,426,642 R+E 389,002 24.23 Community Development 3,898,130 60%2,338,878 R+E 389,002 6.01 Sources:State of California, Department of Finance, E-5 Table (01/01/2022); Census On the Map (2019); City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. 1. Allocation basis: R - residents; R+E - residents plus effective employee population; Notes:E - employees. GF = General Fund. Exhibit 10 City Council 22 – 396 9/17/2024 Table A-15a Projected General Fund Costs Project Bristol - EXISTING CONDITIONS City of Santa Ana Parks, Recreation, Library +and Community Police Fire Planning and Public Community Variable Museum Fund Services Department Department Building Agency Works Development Allocation Basis R R R R+E R+E R+E R+E Residents - - - - - - - Onsite Employees 1,255 1,255 1,255 1,255 1,255 1,255 1,255 Weighting Factor 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Population Equivalent 628 628 628 628 628 628 628 Per Capita Cost $21.41 $67.95 $326.41 $119.43 $23.96 $24.23 $6.01 Total Annual Cost $13,438 $42,648 $204,856 $74,952 $15,038 $15,209 $3,773 Source: TNDG. Exhibit 10 City Council 22 – 397 9/17/2024 Table A-15b Projected General Fund Costs Project Bristol - PROPOSED PROJECT City of Santa Ana Parks, Recreation, Library +and Community Police Fire Planning and Public Community Variable Museum Fund Services Department Department Building Agency Works Development Allocation Basis R R R R+E R+E R+E R+E Residents 6,488 6,488 6,488 6,488 6,488 6,488 6,488 Onsite Employees 1,757 1,757 1,757 1,757 1,757 1,757 1,757 Weighting Factor 0.50 0.50 0.50 0.50 0.50 0.50 0.50 Population Equivalent 6,488 6,488 6,488 7,366 7,366 7,366 7,366 Per Capita Cost $21.41 $67.95 $326.41 $119.43 $23.96 $24.23 $6.01 Total Annual Cost $138,906 $440,846 $2,117,587 $879,670 $176,498 $178,495 $44,287 Source: TNDG. Exhibit 10 City Council 22 – 398 9/17/2024 Table A-16 Projected General Government Costs Project Bristol City of Santa Ana 2021-22 General Government Categories Annual Budget City Manager $2,774,200 City Council 569,280 General Non-Departmental 49,206,780 Clerk of the Council 1,470,790 City Attorney 2,995,140 Human Resources 3,455,190 Finance Department 10,416,490 Total $70,887,870 General Fund Total $329,321,650 General Fund (non-Gen Gov't)$258,433,780 General Government Functions @ 27.4%of other General Fund costs Source: City of Santa Ana, FY 2022-23 Proposed Budget; TNDG. Exhibit 10 City Council 22 – 399 9/17/2024 APPENDIX B: Economic Impact Analysis Inputs/Assumptions Exhibit 10 City Council 22 – 400 9/17/2024 Table B-1 IMPLAN Inputs for Construction Phase Impacts Project Bristol Construction Indutry Output Value by Phase IMPLAN Industry Sector Phase 1 Phase 2 Phase 3 55 - Construction of new commercial structures $230,382,500 $35,327,500 $19,022,500 58 - Construction of new multifamily residential structures 752,710,000 380,064,000 674,436,000__________________________________________ Total $983,092,500 $415,391,500 $693,458,500 Source: IMPLAN; Applicant; TNDG. Note : Construction values include all hard and soft (architectural, engineering, legal, etc.) costs. They do not include other common construction costs, such as land or furniture, fixtures, and equipment (FF&E). The estimated allocation between industry sectors is based on the relative distribution of project residential and commercial construction costs. Exhibit 10 City Council 22 – 401 9/17/2024 Table B-1 IMPLAN Inputs for Construction Phase Impacts Project Bristol Construction Indutry Output Value by Phase IMPLAN Industry Sector Phase 1 Phase 2 Phase 3 55 - Construction of new commercial structures $230,382,500 $35,327,500 $19,022,500 58 - Construction of new multifamily residential structures 752,710,000 380,064,000 674,436,000__________________________________________ Total $983,092,500 $415,391,500 $693,458,500 Source: IMPLAN; Applicant; TNDG. Note : Construction values include all hard and soft (architectural, engineering, legal, etc.) costs. They do not include other common construction costs, such as land or furniture, fixtures, and equipment (FF&E). The estimated allocation between industry sectors is based on the relative distribution of project residential and commercial construction costs. Exhibit 10 City Council 22 – 402 9/17/2024 www.FinanceDTA.com Irvine | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa SUMMARY MEMORANDUM September 27, 20 23 To: Jeremy Krout, EPD Solutions From: David Taussig and Jerry Wen, DTA Subject: Economic Impacts Resulting from the Proposed Related Bristol Specific Plan The intent of this memorandum is to provide a peer review of an economic impact analysis (“EIA”) prepared on behalf of Related California (“Related”) for its proposed Related Bristol Specific Plan (the “Specific Plan,” or the “Project”) to be located in the City of Santa Ana (the “City”), within the County of Orange, California (the “County”). Related submitted a fiscal impact analysis and an EIA to the City dated February 7, 2023, that was prepared by The Natelson Dale Group, Inc. The EIA component of the Related submittal (the “Related EIA”) only evaluated the projected impact of the Project on the City’s overall economy in terms of jobs and economic output on a one-time basis (e.g., construction impacts), but not on a recurring basis (e.g., permanent impacts). DTA’s approach to this engagement was to prepare its own separate EIA (the “DTA EIA”), with DTA then comparing its conclusions with those reached in the Related EIA in terms of the one-time economic impacts from the construction of the Project on the City. However, DTA also took the liberty of analyzing the annual recurring permanent economic impacts of the Project on the City, which our firm generally includes in the results of our economic impact studies to provide a more comprehensive view of a project’s effect on the local economy. A Description of the Project Site and Project Use As depicted in Figure 1, the 41.1-acre Project site located at 3600 South Bristol Street is developed with 465,063 building square feet (“BSF”) of predominately retail and restaurant uses, with some medical office, financial, and fitness uses. Figure 1: Project Site Exhibit 10 City Council 22 – 403 9/17/2024 2 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Related proposed the Specific Plan to replace the existing General Commercial (“C2”) and Regional Commercial (“CR”) zoning on the Project site, demolish the existing shopping center and related infrastructure, and redevelop the Project site into a mixed-use development of for-rent residential units, retail and service uses, and a hotel. A summary of the proposed land uses and their respective associated residential unit or non-residential square footage parameters within the Project are listed below in Table 1. Table 1: Proposed Land Uses for the Project Land Uses Dwelling Units (“DUs”), Hotel Rooms (“RMs”), and BSF Residential Land Uses 3,750 DUs Apartment 3,750 DUs Non-R esidential Land Uses 350,000 BSF/250 RMs Grocery 50,000 BSF Fitness 45,000 BSF Restaurant 70,000 BSF Neighborhood Retail 75,000 BSF Neighborhood Services 110,000 BSF Hotel 250 RMs B Overview of Economic Impact Analysis The DTA EIA identifies the general economic impacts of the Project on the County and City. As illustrated in Figure 2, economic impact studies operate under the basic assumption that any increase in spending resulting from a development project has direct, indirect, and induced economic effects. First, there is a direct impact caused by the additional output of goods or services on-site. Second, there are a ripple of indirect impacts on all the industries whose outputs are used by firms located within the Project and various firms’ supply chains. Third, there are induced impacts that arise when employment increases in the region and stimulates greater household spending. In evaluating these economic impacts, the DTA EIA incorporates two stages of the development process: construction and recurring operations. First, there is a one-time impact from the construction of the various types of land uses within the Project. Then, after the construction and tenant improvement phases are complete, the DTA EIA determines the magnitude of the permanent annual recurring impact on the economy through the ongoing operations of the development that has occurred on the Project site. For purposes of the DTA EIA, all economic impacts are stated in constant 2023 (uninflated) dollars based on the assumption that the relative impacts of inflation in future years would be difficult to gauge, and inflation-impacted numbers would not provide as clear a description of the economic impacts of the Project. Exhibit 10 City Council 22 – 404 9/17/2024 3 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Figure 2: Direct, Indirect, and Induced Impacts Although most economists agree that indirect and induced effects, or “multiplier” effects, exist, most economists also concur that such effects are difficult to measure. Patterns of spending and employment among suppliers and employee households often vary over time and from one region to another. DTA used the web application of the Impact Analysis for Planning (“IMPLAN”) economic modeling system for its analysis. IMPLAN is a nationally recognized input-output model that can be used to estimate the impacts of new development on the economy through the use of an economic multiplier analysis that is applied to individual counties (e.g., Orange County). The IMPLAN model can be envisioned simply as a large spreadsheet with hundreds of industries (plus the household sector) arrayed across the top as producers and the same industries and households listed down the side as consumers. Each million dollars (output) in spending by any one consumer (i.e., the Project) is allocated across the producing industries from which it buys goods and services. These producing industries, in turn, spend money buying goods and services from their own distinct sets of suppliers. Thus, the IMPLAN multiplier model allows one to gauge the effect of each dollar expended by an industry as it diffuses through a regional economy. Furthermore, it allows one to translate the overall regional impact of spending into jobs and employee compensation. Please refer to Figure 3 for a graphical representation of the multiplier effect. The multiplier factors available to determine indirect/induced impacts are intended to reflect impacts for entire areas within the County. Exhibit 10 City Council 22 – 405 9/17/2024 4 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Figure 3: Multiplier Effect of Project Expenditures Source: Northern Economics, Inc. 2011. C Economic Impact Definition “Employment” follows the same definition as the U.S. Bureau of Economic Analysis’ regional economic accounts and U.S. Bureau of Labor Statistics’ Census of Employment and Wages data, which is the full-time/part-time annual average. Thus, one (1) job lasting 12 months is equivalent to two (2) jobs lasting 6 months each or four (4) jobs lasting 3 months each. In terms of a typical IMPLAN analysis, a job that lasts 6 months would be considered ½ (0.50) of a job, while one that lasts 3 months would be considered ¼ (0.25) of a job. Notably, IMPLAN’s analysis normally includes both full-time equivalent (“FTE”) jobs and part-time jobs, which can overstate the number of FTE jobs generated by a development project. In order to compensate for that factor, DTA applies a discounting factor provided by IMPLAN that varies by industry and can be used to reduce the number of direct jobs generated by IMPLAN in our Study so that it represents the equivalent of the number of FTE direct jobs. The indirect and induced full-time/part-time job estimates for the Project were derived by DTA utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County and City cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and, therefore, within the County itself, with an estimated 50% of those jobs to be located within the City. Similarly, the Project’s jobs will lead to more consumer spending by employees patronizing existing retail establishments within the County and City, as well as new retail development that will be attracted to the County and City as a result of this spending. Job creation also results in increased tax revenues to the County and City through increased property taxes and sales taxes related to this new development. Exhibit 10 City Council 22 – 406 9/17/2024 5 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan However, because of potential differences in the timing of the build-out of the Project, the number of employees summarized above will likely not be realized at the same time. Notably, it is possible that the build-out of the Project will occur over more than one year and the demand for some elements of the Project may fluctuate over time. “Total Economic Output” represents the total value of all goods and/or services produced throughout a designated economy during a specified period of time, including Labor Income, Other Value Added, and the cost of Intermediate Inputs. Each of these components are defined below. “Labor Income” includes employee compensation (wages and benefits) and payments received by self-employed individuals and unincorporated business owners; “Other Value Added” encompasses other property income, such as the consumption of capital investment, profits, royalties, dividends, interest impacts, and taxes on production and imports; and “Intermediate Inputs” include purchases of non-durable goods and services used for the production of other goods and services within a project, rather than for final consumption. Intermediate Inputs equal the Total Economic Output minus the sum of Labor Income and Other Value Added. Similar to the indirect and induced job estimates, the specific location of the additional indirect and induced Labor Income, Other Value Added, and Intermediate Inputs created within the County and City cannot be definitively determined. Since 50% of the additional indirect and induced jobs are assumed to be located close to the Project and within the City as previously discussed, DTA estimated that 50% of those additional indirect and induced economic outputs will be located within the City. D One-time Economic Impacts of the Project As reflected in Table 2, the one-time economic impacts from the construction of the Project on the City will be significant. First, the Project is anticipated to create 13,869 FTE construction jobs on-site during its overall construction period. In addition, the Project is expected to generate 2,965 indirect and induced full-time/part-time jobs off-site within the City, for a total of 16,834 one-time jobs within the City. The total Labor Income associated with these added employees will equal $1,269.1 billion directly on-site, plus $210.6 million off-site but within the City, for a total increase in Labor Income of $1.5 billion Citywide on a one-time basis. Finally, adding in $526.6 million in Other Value-Added revenues and $667.3 million in Intermediate Inputs yields a total one-time Citywide economic output for the Project of $2.67 billion, which represents a significant boost for construction within the City. Notably, the one-time construction output represents the aggregate outputs generated during the overall Project construction period, which could span over more than one year. Please see Attachment 1-A of this memorandum for the projected one-time economic impacts generated by each phase of the Project construction. Exhibit 10 City Council 22 – 407 9/17/2024 6 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan Table 2: Project’s One-Time/Construction Impacts on the City (DTA EIA) One-Time/Construction Impacts Direct Indirect/Induced Total Employment 13,869 2,965 16,834 Overall Economic Output $2,091,942,500 $581,697,147 $2,673,639,647 Labor Income $1,269,139,520 $210,631,484 $1,479,771,004 Other Value Added $370,036,466 $156,577,043 $526,613,510 Intermediate Inputs $452,766,514 $214,488,620 $667,255,134 Note: All numbers are subject to rounding. The Related EIA estimated aggregate one-time economic impacts of $2,863,156,000 on the City, approximately 7% greater than DTA’s projection. The difference in the impact projection may be attributable to small variations in the IMPLAN economic data set and location assumptions for indirect/induced impacts utilized in Related EIA, as compared with the DTA EIA. But overall, the results of the Related EIA regarding economic impacts of the Project were very close to those determined in the DTA EIA., E Recurring Economic Impacts of the Project As shown in Table 3, the annual recurring economic impacts of the Project on the City will be substantial. First, the Project is anticipated to create 1,302 permanent FTE jobs on-site. In addition, the Project is expected to generate 284 permanent recurring indirect and induced full-time/part-time jobs off-site within the City, for a total of 1,586 jobs. As the City’s total current workforce consists of 141,543 employees, FTE and part-time employees holding these additional jobs will constitute a 1.12% increase in the size of the City’s current workforce. The total Labor Income associated with these new jobs will equal $71.2 million generated annually directly on-site, plus $21.5 million off-site Citywide, for a total increase in Labor Income of $92.7 million annually within the City. Finally, adding in $159.8 million in Other Value-Added revenues and $84.8 million in Intermediate Inputs yields a total recurring Citywide economic output of $337.2 million per year from the Project, which represents a considerable boost to the City’s economy. Please see Attachment 1-B of this memorandum for the projected annual recurring economic impacts generated by each land use of the Project. Table 3: Project’s Total Recurring Annual Impacts on the City (DTA EIA) Recurring Annual Impacts Direct Indirect/Induced Total Employment 1,302 284 1,586 Overall Economic Output $279,254,889 $57,963,903 $337,218,792 Labor Income $71,197,956 $21,471,254 $92,669,210 Other Value Added $145,851,647 $13,917,290 $159,768,937 Intermediate Inputs $62,205,285 $22,575,360 $84,780,645 Note: All numbers are subject to rounding. F Job-Housing Balance The jobs-housing balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting Exhibit 10 City Council 22 – 408 9/17/2024 7 City of Santa Ana September 27, 2023 Economic Impacts Resulting from the Proposed Related Bristol Specific Plan and traffic congestion. It also reduces commute times, improves local social, cultural and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected in Table 4 and Figure 4, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, as compared with a Statewide average of 1.260. The addition of 1,586 new jobs through the construction of the Project would decrease the jobs/housing ratio modestly to 1.664, as the 3,750 new housing units incorporated in the Project are greater than the 1,586 permanent recurring jobs to be generated by the Project. As noted previously, the Related EIA did not evaluate the permanent recurring economic impacts of the Project, so no comparison with the DTA EIA was necessary. Table 4: Pre-Project and Post-Project Jobs -Housing Balance (DTA EIA) Description Citywide Average Statewide Average Pre-Project Post-Project Number of Jobs 141,543 1 143,129 18,536,600 Number of Housing Units 82,058 86,008 14,711,648 Existing2 82,058 82,058 14,707,698 New N/A 3,750 3,750 Jobs-Housing Balance 1.725 1.664 1.260 Figure 4: Pre-Project and Post-Project Jobs -Housing Balance If you have any further questions regarding any of the issues raised in this memorandum, please feel free to contact David Taussig or Jerry Wen at (800) 969-4DTA. Enclosures: 1. Attachment 1 – DTA EIA 1 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2022. 2 Labor Market Information Division, State of California Employment Development Department. Exhibit 10 City Council 22 – 409 9/17/2024 ATTACHMENT 1 City of Santa Ana Related Bristol Specific Plan DTA ECONOMIC IMPACT ANALYSIS (“DTA E IA”) Exhibit 10 City Council 22 – 410 9/17/2024 Attachment 1-A Proposed Related Bristol Specific Plan City of Santa Ana One-time Economic Impact (2023$) Per Employee Aggregate Phase One Construction County 9,288.37 $85,336 $792,630,738 $307,850,304 $437,283,809 $1,537,764,851 Direct 6,484.00 $91,293 $591,945,261 $159,179,588 $231,967,651 $983,092,500 Indirect 702.98 $82,561 $58,039,101 $37,315,961 $57,991,211 $153,346,273 Induced 2,101.39 $67,882 $142,646,376 $111,354,755 $147,324,947 $401,326,078 City 7,886.19 $87,785 $692,288,000 $233,514,946 $334,625,730 $1,260,428,675 Direct 6,484.00 $91,293 $591,945,261 $159,179,588 $231,967,651 $983,092,500 Indirect1 351.49 $82,561 $29,019,550 $18,657,980 $28,995,606 $76,673,136 Induced1 1,050.70 $67,882 $71,323,188 $55,677,378 $73,662,473 $200,663,039 Phase Two Construction County 3,934.69 $85,406 $336,045,553 $138,560,692 $170,052,609 $644,658,854 Direct 2,761.00 $91,631 $252,993,035 $76,709,353 $85,689,112 $415,391,500 Indirect 282.77 $79,837 $22,574,996 $14,640,658 $21,902,382 $59,118,037 Induced 890.93 $67,882 $60,477,522 $47,210,680 $62,461,114 $170,149,317 City 3,347.85 $87,973 $294,519,294 $107,635,022 $127,870,860 $530,025,177 Direct 2,761.00 $91,631 $252,993,035 $76,709,353 $85,689,112 $415,391,500 Indirect1 141.38 $79,837 $11,287,498 $7,320,329 $10,951,191 $29,559,019 Induced1 445.46 $67,882 $30,238,761 $23,605,340 $31,230,557 $85,074,658 Phase Three Construction County 6,576.12 $85,419 $561,726,197 $236,779,557 $274,407,336 $1,072,913,090 Direct 4,624.00 $91,739 $424,201,223 $134,147,526 $135,109,751 $693,458,500 Indirect 462.86 $78,710 $36,431,570 $23,715,422 $34,888,419 $95,035,410 Induced 1,489.26 $67,882 $101,093,404 $78,916,609 $104,409,167 $284,419,180 City 5,600.06 $88,028 $492,963,710 $185,463,541 $204,758,544 $883,185,795 Direct 4,624.00 $91,739 $424,201,223 $134,147,526 $135,109,751 $693,458,500 Indirect1 231.43 $78,710 $18,215,785 $11,857,711 $17,444,209 $47,517,705 Induced1 744.63 $67,882 $50,546,702 $39,458,305 $52,204,583 $142,209,590 Grand Total - County 19,799.18 $85,377 $1,690,402,488 $683,190,553 $881,743,754 $3,255,336,795 Grand Total - City 16,834.09 $87,903 $1,479,771,004 $526,613,510 $667,255,134 $2,673,639,647 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Total Output Impact Employment Labor Income Other Value Added Intermediate Expenditures Page 1 of 1Exhibit 10 City Council 22 – 411 9/17/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Senior Living County 167.37 $66,601 $11,146,788 $3,571,752 $7,130,751 $21,849,292 Direct 116.00 $65,956 $7,650,917 $1,313,398 $3,515,686 $12,480,000 Indirect 22.65 $68,204 $1,544,500 $732,559 $1,600,041 $3,877,101 Induced 28.72 $67,941 $1,951,371 $1,525,796 $2,015,024 $5,492,191 City 141.68 $66,337 $9,398,852 $2,442,575 $5,323,219 $17,164,646 Direct 116.00 $65,956 $7,650,917 $1,313,398 $3,515,686 $12,480,000 Indirect1 11.32 $68,204 $772,250 $366,280 $800,021 $1,938,550 Induced1 14.36 $67,941 $975,685 $762,898 $1,007,512 $2,746,096 Apartment County 215.76 $70,613 $15,235,848 $121,812,613 $12,632,928 $149,681,389 Direct 148.00 $66,100 $9,782,733 $118,195,758 $7,021,509 $135,000,000 Indirect 25.61 $101,386 $2,596,123 $1,393,560 $2,659,746 $6,649,429 Induced 42.16 $67,768 $2,856,992 $2,223,295 $2,951,673 $8,031,960 City 181.88 $68,777 $12,509,290 $120,004,186 $9,827,218 $142,340,695 Direct 148.00 $66,100 $9,782,733 $118,195,758 $7,021,509 $135,000,000 Indirect1 12.80 $101,386 $1,298,062 $696,780 $1,329,873 $3,324,715 Induced1 21.08 $67,768 $1,428,496 $1,111,648 $1,475,836 $4,015,980 Grocery County 183.96 $60,600 $11,148,053 $5,520,489 $9,188,286 $25,856,828 Direct 131.00 $55,683 $7,294,535 $2,964,762 $5,066,613 $15,325,910 Indirect 23.19 $79,013 $1,832,458 $977,515 $2,034,397 $4,844,370 Induced 29.77 $67,893 $2,021,059 $1,578,212 $2,087,276 $5,686,548 City 157.48 $58,555 $9,221,294 $4,242,625 $7,127,449 $20,591,369 Direct 131.00 $55,683 $7,294,535 $2,964,762 $5,066,613 $15,325,910 Indirect1 11.60 $79,013 $916,229 $488,758 $1,017,198 $2,422,185 Induced1 14.88 $67,893 $1,010,530 $789,106 $1,043,638 $2,843,274 Fitness County 17.45 $47,897 $835,925 $335,010 $819,194 $1,990,129 Direct 13.00 $39,423 $512,503 $106,773 $444,400 $1,063,676 Indirect 2.28 $77,113 $176,002 $112,999 $222,560 $511,561 Induced 2.17 $67,931 $147,420 $115,238 $152,234 $414,892 City 15.23 $44,280 $674,214 $220,892 $631,797 $1,526,903 Direct 13.00 $39,423 $512,503 $106,773 $444,400 $1,063,676 Indirect1 1.14 $77,113 $88,001 $56,499 $111,280 $255,780 Induced1 1.09 $67,931 $73,710 $57,619 $76,117 $207,446 Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Page 1 of 3 Exhibit 10 City Council 22 – 412 9/17/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Full-Service Restaurant County 282.66 $55,215 $15,607,045 $7,936,087 $15,408,912 $38,952,044 Direct 205.00 $46,578 $9,548,505 $4,077,201 $9,124,294 $22,750,000 Indirect 36.75 $89,265 $3,280,317 $1,688,322 $3,415,525 $8,384,164 Induced 40.91 $67,912 $2,778,223 $2,170,564 $2,869,094 $7,817,880 City 243.83 $51,584 $12,577,775 $6,006,644 $12,266,603 $30,851,022 Direct 205.00 $46,578 $9,548,505 $4,077,201 $9,124,294 $22,750,000 Indirect1 18.37 $89,265 $1,640,158 $844,161 $1,707,762 $4,192,082 Induced1 20.45 $67,912 $1,389,111 $1,085,282 $1,434,547 $3,908,940 Quick-Service Restaurant County 507.07 $53,405 $27,079,721 $17,168,095 $38,086,559 $82,334,374 Direct 341.00 $41,940 $14,301,586 $8,853,328 $24,095,086 $47,250,000 Indirect 94.75 $83,756 $7,935,672 $4,532,746 $8,990,442 $21,458,860 Induced 71.32 $67,899 $4,842,462 $3,782,021 $5,001,031 $13,625,514 City 424.03 $48,795 $20,690,654 $13,010,711 $31,090,822 $64,792,187 Direct 341.00 $41,940 $14,301,586 $8,853,328 $24,095,086 $47,250,000 Indirect1 47.37 $83,756 $3,967,836 $2,266,373 $4,495,221 $10,729,430 Induced1 35.66 $67,899 $2,421,231 $1,891,010 $2,500,516 $6,812,757 Neighborhood Retail County 114.98 $58,598 $6,737,583 $3,811,706 $5,786,156 $16,335,445 Direct 83.00 $50,496 $4,191,198 $2,288,355 $3,266,795 $9,746,348 Indirect 14.58 $93,550 $1,364,252 $598,774 $1,298,703 $3,261,729 Induced 17.40 $67,951 $1,182,133 $924,576 $1,220,658 $3,327,368 City 98.99 $55,201 $5,464,390 $3,050,031 $4,526,476 $13,040,896 Direct 83.00 $50,496 $4,191,198 $2,288,355 $3,266,795 $9,746,348 Indirect1 7.29 $93,550 $682,126 $299,387 $649,351 $1,630,865 Induced1 8.70 $67,951 $591,066 $462,288 $610,329 $1,663,684 Neighborhood Services County 254.56 $73,787 $18,783,249 $7,010,022 $10,749,019 $36,542,290 Direct 182.00 $73,642 $13,402,932 $3,358,441 $5,238,627 $22,000,000 Indirect 23.69 $86,996 $2,061,183 $1,057,700 $2,082,796 $5,201,679 Induced 48.87 $67,922 $3,319,133 $2,593,881 $3,427,596 $9,340,610 City 218.28 $73,727 $16,093,090 $5,184,231 $7,993,823 $29,271,145 Direct 182.00 $73,642 $13,402,932 $3,358,441 $5,238,627 $22,000,000 Indirect1 11.85 $86,996 $1,030,592 $528,850 $1,041,398 $2,600,840 Induced1 24.43 $67,922 $1,659,567 $1,296,940 $1,713,798 $4,670,305 Page 2 of 3 Exhibit 10 City Council 22 – 413 9/17/2024 Attachment 1-B Proposed Related Bristol Specific Plan City of Santa Ana Recurring Economic Impact (2023$) Per Employee Aggregate Total Output Labor IncomeLand Use/ Impact Employment Other Value Added Intermediate Expenditures Hotel County 125.61 $60,235 $7,566,253 $6,520,453 $7,554,198 $21,640,905 Direct 83.00 $54,374 $4,513,047 $4,693,632 $4,432,276 $13,638,955 Indirect 22.92 $74,838 $1,715,471 $780,941 $1,740,536 $4,236,948 Induced 19.69 $67,938 $1,337,735 $1,045,880 $1,381,386 $3,765,002 City 104.31 $57,903 $6,039,650 $5,607,042 $5,993,237 $17,639,930 Direct 83.00 $54,374 $4,513,047 $4,693,632 $4,432,276 $13,638,955 Indirect 11.46 $74,838 $857,736 $390,471 $870,268 $2,118,474 Induced 9.85 $67,938 $668,867 $522,940 $690,693 $1,882,501 Grand Total - County 1,869.42 $61,057 $114,140,464 $173,686,227 $107,356,004 $395,182,695 Grand Total - City 740.10 $59,967 $44,381,426 $159,768,937 $84,780,645 $337,218,792 1 Assumes 50% of County's indirect/induced impacts will be created within the City. Page 3 of 3 Exhibit 10 City Council 22 – 414 9/17/2024 www.FinanceDTA.com Irvine | San Jose | San Francisco | Riverside | Dallas | Houston | Raleigh | Tampa SUMMARY MEMORANDUM September 27, 20 23 To: Jeremy Krout, EPD Solutions From: David Taussig and Jerry Wen, DTA Subject: Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan The intent of this memorandum is to provide a peer review of a fiscal impact analysis (“FIA”) prepared on behalf of Related California (“Related”) for its proposed Related Bristol Specific Plan (the “Specific Plan,” or the “Project”) being proposed in the City of Santa Ana (the “City”), located in the County of Orange, California (the “County”). Related submitted an FIA (the “Related FIA”) to the City dated February 7, 2023, that was prepared by The Natelson Dale Group, Inc., to evaluate the projected fiscal impact to the City’s General Fund that would result from the development of the Project. EPD Solutions has engaged DTA on behalf of the City to peer review the Related FIA. As part of its review process, DTA prepared its own FIA (the “DTA FIA”) to evaluate the conclusions presented in the Related FIA. The specific purpose of the DTA FIA is (i) to determine whether the Project will generate sufficient revenues to cover the costs of all of the public services typically financed by the City’s General Fund and (ii) to summarize the major differences between the assumptions utilized and the conclusions reached by the two FIAs. For purposes of this memorandum, DTA focused on the fiscal impacts of the proposed Project, rather than the fiscal impacts of the existing development on the Project site. A Description of the Project Site and Project Use As depicted in Figure 1, the 41.1-acre Project site located at 3600 South Bristol Street is currently the site of 465,063 existing building square feet (“BSF”) of predominately retail and restaurant uses, with some medical office, financial, and fitness uses. Figure 1: Project Site Exhibit 10 City Council 22 – 415 9/17/2024 2 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan Related proposed the Specific Plan to replace the existing General Commercial (“C2”) and Regional Commercial (“CR”) zoning on the Project site, demolish the existing shopping center and related infrastructure, and redevelop the Project site into a mixed-use development of for-rent residential units, retail and service uses, and a hotel. A summary of the proposed land uses and their respective associated residential dwelling unit and non- residential square footage parameters within the Project are listed below in Table 1. Table 1: Proposed Land Uses for the Project Land Uses Dwelling Units (“DUs”), Hotel Rooms (“RMs”), and BSF Residential Land Uses 3,950 DUs Senior Living 200 DUs Apartments 3,750 DUs Non-R esidential Land Uses 350,000 BSF/250 RMs Grocery 50,000 BSF Fitness 45,000 BSF Restaurant 70,000 BSF Neighborhood Retail 75,000 BSF Neighborhood Services 110,000 BSF Hotel 250 RMs B Analytic Methodology and Assumptions Notably, only recurring revenues and costs are analyzed in both of the FIAs. Costs that are considered non-recurring, such as capital expenditures, are excluded from both analyses. This is because new development is generally required to construct its own new capital improvements, such as roads or parks, or pay Development Impact Fees (“DIFs”) that enable the City or some other developer to construct these improvements. As capital construction costs and DIFs are considered to be “one-time” costs that will not recur, there is no expectation that new development will need to pay for these capital expenditures or DIFs a second time. In sum, the FIAs reflect the projected recurring annual fiscal deficit or fiscal surplus to the City’s General Fund that will result from the development of the Project. Unless otherwise noted in the text below, DTA utilized many of the same analytical assumptions that were employed in the Related FIA. DTA has not, to date, been provided with an alternative set of Project land uses, residential rents, product absorption schedules or other assumptions that contradict some of the Related FIA’s assumptions. As such, DTA included most of these Related FIA assumptions in the DTA FIA. If City staff questions any of these assumptions, DTA could revise its fiscal analysis to reflect other assumptions that the City feels are more realistic. However, the DTA FIA did identify some assumptions in the Related FIA that might be questionable, and these assumptions were modified for purposes of the DTA FIA, thereby resulting in a significantly smaller Project annual fiscal surplus as compared with the Related FIA. Listed below are the revisions incorporated in the DTA FIA that varied from those employed in the Related FIA. Exhibit 10 City Council 22 – 416 9/17/2024 3 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan General Fund Budget: In analyzing the City’s General Fund budget, the Related FIA calculated the average revenues/costs per Person Served based on the Fiscal Year (“FY”) 2021-22 General Fund budget. As the City’s General Fund budget for FY 2022-23 is now available, DTA analyzed the costs and revenues in the latter budget, which represents an update of the budget utilized in the Related FIA Discounted Revenues: The Related FIA made assumptions regarding fixed costs versus variable costs in the City’s General Fund budget, based on the premise that certain portions of the City’s expenditures are fixed costs that will not vary based on the development of the Project, while other portions of the City’s expenditures are variable and will increase as a result of the Project. On the other hand, the Related FIA chose not to discount any General Fund revenues, and therefore did not incorporate potential discounts in revenues that are unlikely to grow on a 1 to 1 basis with the Project’s development. DTA took a more realistic approach by applying 15% to 90% discount rates to various General Fund revenues to estimate the ratio of fixed revenues, such as franchise fees and businesses licenses. In addition, a 100% discount was applied to money and property use revenues, miscellaneous revenues, and the commercial cannabis tax, as these revenues are not anticipated to increase significantly as a result of the construction of the Project. The revenue discounts applied in the DTA FIA are listed in Attachment 1-A of this memorandum. As noted previously, these discounted revenue assumptions differ from the revenue assumptions made within the Related FIA, as no City General Fund revenue streams were discounted in the Related FIA. Intergovernmental Revenues: DTA applied a 100% discount to the intergovernmental revenues received by the City. Based on DTA’s experience, the allotment of intergovernmental revenues generally involves complex socioeconomic and demographic factors that are difficult to forecast and often have no relationship to the amount of new development that is being constructed. General Government Overhead Costs: As listed in Attachment 1-K the marginal increase in the general government overhead costs associated with the additional non-general government expenditures incurred by new development is assumed to be 75%, which means a 25% discount was applied to these overhead costs. Discounting Expenditures: Certain service costs are not expected to increase one-to-one with new development. Thus, a 15% discount rate was applied to various General Fund expenditures to reflect the estimated ratio of fixed expenditures (not impacted by future development) to variable expenditures, as reflected in Attachment 1-B. Notably, DTA has conservatively assumed that no discount factors would be applied to public safety and public works expenditures as a result of the Project. In contrast, the Related FIA applied 10% to 40% discount rates to these expenditures, as well as others. The validity of these DTA’s discounts versus Related’s discounts could be analyzed by City staff to ensure that they are properly assigned to the City’s costs. Exhibit 10 City Council 22 – 417 9/17/2024 4 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan Residential Population: For apartment and senior housing development, the Related FIA assumed an average household size of 1.73 and 1.50 persons respectively, without citing the source of those metrics. As detailed in Attachment 1-C, DTA utilized the following metrics in estimating the residential population for the Project at its build-out. Apartments: Household size for residential use generally correlates with its dwelling size. The Capital Facilities Capacity Charges (“CFCC”) for the Orange County Sanitation District established a base charge of $5,719 for a three-bedroom single-family home, with the rates for other residential uses adjusted by their respective dwelling size as compared to a typical three-bedroom single-family home. Assuming that the apartments will be comprised of 50% two- bedroom units, 25% three-bedroom units and 25% studio units, the blended CFCC rate is estimated at $3,174, which is 55.5% of the base rate. According to the California Department of Finance, the average household size in the City is estimated at 3.72 as of January 1, 2023. Applying the 55.5% factor to the current Citywide average household yields an estimated average household size of 2.06 persons for the Project’s apartments. Senior Housing: According to the Administration for Community Living, a division within the U.S. Department of Health and Human Services, 69% of seniors live with their spouse, with the remaining 31% living alone. Based on those ratios, the average household size for a senior housing unit is estimated at 1.69 persons. Hotel Guests: DTA conservatively included daily hotel guests as part of the Persons Served population when estimating the City’s public safety costs related to the Project. A hotel guest is typically assumed to be equivalent to 50% of a resident, given that they would spend only 8 active hours in the City per day versus a resident who is active for 16 hours per day. Tax Sharing (Secured Property Taxes): Property tax revenue estimates were derived using apportionment factors provided by the County Auditor- Controller as applied to the general 1% ad valorem property tax levy. As presented in Attachment 1-D, total secured property tax revenues received by the City from the proposed Project will equal approximately 19.08% of the basic 1% ad valorem tax rate [Proposition (“Prop”) 13], net of the projected Education Revenue Augmentation Fund (“ERAF”) property tax shifts. The Related FIA utilized an allocation factor of 19.3%. Property Tax In Lieu of Vehicle License Fees (“VLFs”): Per California Revenue and Taxation Code §97.70, the property tax in lieu of VLF amount now increases in proportion to the growth rate of the Citywide gross assessed valuation of taxable property from the prior fiscal year. As listed in Attachment 1-D, property taxes in lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes Exhibit 10 City Council 22 – 418 9/17/2024 5 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan of DTA FIA at $1.23 per $1,000 increase in assessed valuation on a Citywide basis, whereas the Related FIA assumed $0.96 per $1,000 increase. Taxable Sales per BSF: The Related FIA estimated average taxable sales of $400 per BSF for retail commercial uses. Given that fitness and neighborhood service uses will generate a de minimis amount of taxable sale receipts, and that only approximately 35% of grocery store sales are taxable, DTA utilized the following metrics in calculating taxable sale receipts as listed in Attachment 1-E. Grocery: A taxable sales of $315 per BSF is utilized based on the gross sales of $900 per BSF and 35% of such sales being taxable. Restaurant: A taxable sales factor of $1,000 per BSF is utilized assuming that restaurant use will be comprised of an equal percentage of fast-service and full-service restaurants, with fast- service and full-service restaurants generating $1,350 and $650 taxable sales per BSF, respectively. Neighborhood Retail: Based on the market research performed by DTA, a taxable sale of $400 per BSF is utilized. Indirect Sales Tax: As detailed in Attachment 1-E, DTA utilized the 2021 Consumer Expenditure Survey published by the U.S. Bureau of Labor Statistics to estimate the annual household taxable retail spending, and the Office Worker Retail Spending in a Digital Age published by ICSC to estimate the annual spending on lunch by on-site employees. The Related FIA did not provide details on the source of the taxable sales receipts generated by on- site residents and employees that were utilized in their FIA. Measure X Sales Tax: In November 2018, the City’s voters approved Measure X, a local 1.5% sales tax rate that became effective April 1, 2019, to provide funding for neighborhood safety, homeless prevention, and essential City services enhancement. Measure X rate will decrease to 1% in 2029 and sunset in 2039. Given that build-out of the Project is expected to occur after 2029, DTA assumed that the revenues to be provided by the Measure X sales tax at the Project’s build-out will only be 1%. In contrast, the Related FIA utilized the current 1.5% rate for its Measure X sales tax projections at buildout. C FIA Conclusion Comparison As listed in Table 1, the overall net fiscal impact associated with the Project's build-out is projected to generate an annual recurring fiscal surplus to the City's General Fund under both the Related FIA and DTA FIA. However, DTA methodology projects a significantly lower annual recurring fiscal surplus of $3,394,298 per year, versus the Related FIA’s recurring fiscal surplus of $8,768,999 per year. The Related FIA actually projects a surplus of over $10,710,000 annually in its Executive Summary (Table 2-1) and its Net Fiscal Impact Table (Table 3-1), but DTA took the liberty of increasing police department costs in the Related FIA from $176,498 to $2,117,587, as the latter figure was listed as the total Project police costs in Table A-15b of the Related FIA, but then was replaced by a much lower figure ($176,498) in the tables in which net fiscal impacts were calculated. DTA assumed that the Exhibit 10 City Council 22 – 419 9/17/2024 6 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan use of the much lower cost estimate for police services in the Related FIA was probably based on an analysis error. Table 1: Comparison of Project’s Net Fiscal Impacts in Related FIA Versus DTA FIA Fiscal Impact Category Related FIA DTA FIA Difference Recurring General Fund Revenues Secured Property Tax $3,901,013 $3,856,860 ($44,153) Property Transfer Tax $76,706 $76,707 $1 Property Tax In Lieu of Vehicle License Fee $1,938,257 $2,359,024 $420,767 Direct Sales Tax $3,500,000 $1,521,111 ($1,978,889) Indirect Sales Tax $805,729 $504,963 ($300,766) Transient Occupancy Tax $1,899,095 $1,899,095 $0 Utility User's Tax Not Included $697,867 $697,867 Business Licenses $133,043 $142,507 $9,464 Franchise Fees $231,100 $223,081 ($8,019) Charges for Services $284,429 $204,276 ($80,153) Licenses and Permits $115,987 $36,899 ($79,088) Fines and Forfeitures $109,703 $111,141 $1,438 Adult-Use Retail Business Cannabis Tax Not Included $45,503 $45,503 Medical Marijuana Taxes Not Included $2,040 $2,040 Intergovernmental 160,109 $0 ($160,109) Miscellaneous $147,762 $0 ($147,762) Investment Income Not Included $10,041 $10,041 Total Recurring Revenues $13,302,933 $11,691,114 ($1,611,818) Recurring General Fund Expenditures Police Department $2,117,5871 $3,522,628 $1,405,041 Fire Department $879,670 $1,331,278 $451,608 Public Works $178,495 $1,162,236 $983,741 Park, Recreation & Community Services $440,846 $276,301 ($164,545) Community Development $44,287 $161,700 $117,413 Library & Museum $138,906 $187,689 $48,783 General Government $734,143 $1,655,034 $920,891 Total Recurring Expenditures $4,533,9341 $8,296,866 $3,762,932 Net Fiscal Impact to General Fund Total Annual Recurring Surplus/(Deficit) $8,768,9991 $3,394,248 ($5,374,751) Total Annual Revenue/Expenditure Ratio 2.93 1.41 N/A Note: 1 The total recurring General Fund expenditures and net fiscal impact listed in the Related FIA appeared to be incorrect due to an apparent mistaken entry in the projected police expenditures row of the Net Fiscal Impact Table ($2,117,587 in Table A-15b vs. $176,498, with the latter number actually representing the projected expenditures the City’s Planning and Building Agency, as listed in many of the Related FIA’s tables). Exhibit 10 City Council 22 – 420 9/17/2024 7 City of Santa Ana September 27, 2023 Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan D Fiscal Impact of Sunset of Measure X Sales Tax As discussed in Section B, above, the Measure X sales tax will expire in 2039 unless it is put to another vote by the City in that year. However, based on the DTA FIA’s calculations, the Project is still anticipated to generate an annual recurring fiscal surplus of $2,518,778 even if Measure X is no longer in effect. If you have any further questions regarding the issues raised in this memorandum, please feel free to contact David Taussig or Jerry Wen at (800) 969-4DTA. Enclosures: 1. Attachment 1 – DTA FIA Exhibit 10 City Council 22 – 421 9/17/2024 ATTACHMENT 1 City of Santa Ana Related Bristol Specific Plan DTA FISCAL IMPACT ANALYSIS (“DTA FIA”) Exhibit 10 City Council 22 – 422 9/17/2024 ATTACHMENT 1-A SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN CITY FUND REVENUES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. II City Revenue Sources (by Type) Total Revenues Revenue Type Fiscal Impact Basis Discount Fiscal Impact Revenue Factor Tax Revenue $243,978,100 Persons Served $0.00 Property Tax - Exclude In-Lieu of VLF $44,493,000 Recurring Case Study 0% NA Transient Occupancy Taxes $8,500,000 Recurring Case Study 0% NA Utility Users Tax $24,400,000 Recurring Case Study 0% NA Sales Tax $64,550,000 Recurring Case Study 0% NA Prop 172 Sales Tax $2,718,100 Recurring Case Study 0% NA Measure X Sales Tax $88,102,000 Recurring Case Study 0% NA Documentary Stamp Tax $1,085,000 Recurring Case Study 0% NA Santa Ana Residual $10,130,000 Recurring Case Study 0% NA Business Licenses $15,000,000 Recurring Per Employee 15% $90.08 Franchise Fees $10,960,100 Recurring Persons Served 15% $25.15 Interest Income $475,000 Recurring Case Study 0% NA Charges for Services $10,036,300 Recurring Persons Served 15% $23.03 Building/Planning/Engineering Fees $8,048,600 Recurring NA 100% NA Licenses and Permits $1,814,680 Recurring Persons Served 15% $4.16 VLF/Property Tax Compensation $39,800,000 Recurring Case Study 0% NA Fines and Forfeitures $5,461,370 Recurring Persons Served 15% $12.53 Intergovernmental $7,183,190 Recurring NA 100% NA Use of Money and Property $16,799,710 Recurring Persons Served 100% $0.00 Other / Miscellaneous $8,375,890 Recurring Persons Served 100% $0.00 Adult-Use Retail Business Cannabis Tax $19,000,000 Recurring Persons Served 90% $5.13 Commercial Cannabis Tax $2,350,000 Recurring Persons Served 100% $0.00 Medical Marijuana Taxes $850,000 Recurring Persons Served 90% $0.23 $390,132,940 NA NA NA NA $390,132,940 NA NA NA NA Total Recurring Revenues [3] Assumes City population plus 50% of employees. Revenue Type Total Revenues Exhibit 10 City Council 22 – 423 9/17/2024 ATTACHMENT 1-B SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN CITY FUND EXPENDITURES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1]299,630 2023 Estimated City Employees [2]141,545 2023 Persons Served Population [3]370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. II City Expenditures (by Type) Total Expenditures Expenditure Type Fiscal Impact Basis Discount Fiscal Impact Expenditure Factor General Government City Council $1,029,860 Recurring Case Study NA NA City Clerk's Office $1,935,720 Recurring Case Study NA NA City Manager's Office $2,904,040 Recurring Case Study NA NA City Attorney's Office $3,584,860 Recurring Case Study NA NA Planning and Building $19,545,470 Recurring Case Study NA NA Financial & Management Services $11,713,490 Recurring Case Study NA NA Human Resources $3,884,170 Recurring Case Study NA NA Non-Departmental $47,103,560 Recurring Case Study NA NA Non-General Government Police Department $142,772,990 Recurring Persons Served 0% $385.45 Fire Department $53,956,950 Recurring Persons Served 0% $145.67 Public Works $48,533,650 Recurring Persons Served 0% $131.03 Park, Recreation & Community Services $13,574,280 Recurring Persons Served 15% $31.15 Community Development $7,944,600 Recurring Persons Served 15% $18.23 Library $6,680,310 Recurring Persons Served 15% $15.33 Museum $2,542,320 Recurring Persons Served 15%$5.83 $367,706,270 NA NA NA NA $367,706,270 NA NA NA NATotal Recurring Expenditures Expenditure Type Total Expenditures Exhibit 10 City Council 22 – 424 9/17/2024 ATTACHMENT 1-C SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN LAND USE AND DEMOGRAPHICS SUMMARY I Developable Land Use Description Number of Dwelling A Projected Residential Land Uses Units ("DUs") [1] Senior Living 200 Apartment 3,750 Building Sq. Ft. ("BSF")/ B Projected Non-Residential Land Uses Hotel Rooms ("RM") [1] Grocery 50,000 Fitness 45,000 Restaurant 70,000 Neighborhood Retail 75,000 Neighborhood Services 110,000 Hotel 250 I Residential Land Use Population A Projected Residential Land Uses Persons per Household Senior Living [2]1.69 Apartment [3]2.06 II Non-Residential Land Use Employee Generation A Projected Non-Residential Land Uses BSF/RM/DU per Employee [4] Grocery 324 BSF Fitness 324 BSF Restaurant 324 BSF Neighborhood Retail 324 BSF Neighborhood Services 324 BSF Hotel 1.0 RM Senior Living 1.6 DU Apartment 30.0 DU I Projected Residential Population A Projected Residential Land Uses Number of DUs Residential Population Senior Living 200 339 Apartment 3,750 7,740 Future Land Use Data Demographic Data Population and Employees (Calculations) Exhibit 10 City Council 22 – 425 9/17/2024 ATTACHMENT 1-C SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN LAND USE AND DEMOGRAPHICS SUMMARY II Projected Direct Employees A Projected Non-Residential Land Uses Number of BSF/RM/DU Total Direct Employees Grocery 50,000 BSF 154 Fitness 45,000 BSF 139 Restaurant 70,000 BSF 216 Neighborhood Retail 75,000 BSF 231 Neighborhood Services 110,000 BSF 340 Hotel 250 RM 250 Senior Living 200 DU 127 Apartment 3,750 DU 125 III Projected Daily Guests AHotel Average Number of Guests per Room [6]2.5 Number of Hotel Rooms [7]250 Occupancy Rate [7]86% Average Daily Guests 538 I Total Projected Residential Population 8,079 II Total Projected Direct Employees 1,582 III Total Persons Served Population [8]8,870 IV Total Projected Daily Guests 538 V Additional Persons Served Population [9]9,139 NOTES: [1] Source: Project Proponent. [2] Based on the estimate that 69% of seniors live with their spouse/partner and 31% live alone. Source: The Administration for Community Living, a Department of Health and Human Services division. [3] Based on the average household size in the City of Santa Ana, adjusted by the average bedroom counts. Source: State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2023, and Orange County Sanitation District. [4] Source: Project Proponent. [5] Based on typical DTA baseline assumptions. [6] Source: Project Proponent. [7] An employee is typically assumed to be equivalent to 50% of a resident given they would spend [8] only eight active hours in the City per day versus a resident who is active for 16 hours per day. [9] A hotel guest is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. *All figures subject to rounding Population and Employees (Totals) Exhibit 10 City Council 22 – 426 9/17/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City [2] General Fund 19.081556% Total 19.081556% I Residential Land Uses B Senior Living Number of Units [3]200 Estimated Value per Unit [4]$650,000 Total Estimated Net Taxable Value $130,000,000 A Apartment Number of Units [3]3,750 Estimated Value per Unit [4]$450,000 Total Estimated Net Taxable Value $1,687,500,000 II Non-Residential Land Uses A Grocery Estimated Number of Sq. Ft. [3]50,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $17,500,000 B Fitness Estimated Number of Sq. Ft. [3]45,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $15,750,000 C Restaurant Estimated Number of Sq. Ft. [3]70,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $24,500,000 D Neighborhood Retail Estimated Number of Sq. Ft. [3]75,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $26,250,000 E Neighborhood Services Estimated Number of Sq. Ft. [3]110,000 Estimated Valuation per Sq. Ft. [4]$350 Total Estimated Net Taxable Value $38,500,000 F Hotel Estimated Number of Hotel Rooms [3]250 Estimated Valuation per Hotel Room [4]$325,000 Total Estimated Net Taxable Value $81,250,000 III Total Land Use Net Taxable Value $2,021,250,000 General Property Tax Assumptions Assessed Valuation Assumptions Exhibit 10 City Council 22 – 427 9/17/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS I Property Tax Transfer - Assumptions [5] A Turnover Rate Residential Property 6.90% Non-Residential Property 6.90% B Other Assumptions Transfer Tax as a % of Assessed Value [6]0.11% Property Transfer Tax Passed Through to City of Santa Ana [7] 50.00% II Motor Vehicle Licensing Fees - Assumptions Vehicle Licensing Fees per Capita NA III Property Tax In-Lieu of Vehicle License Fee - Assumptions Total City of Santa Ana Gross Assessed Value [8]$32,471,833,021 City of Santa Ana Property Tax In-Lieu of Vehicle License Fee [9]$39,800,000 Property Tax In-Lieu of Vehicle License Fee Increase per $1,000 Assessed Value $1.23 I Fiscal Impact Category Annual Fiscal Impact Amount A Secured Property Tax A.1 Projected Residential Land Uses Senior Living $248,060 Apartment $3,220,013 A.2 Projected Non-Residential Land Uses Grocery $33,393 Fitness $30,053 Restaurant $46,750 Neighborhood Retail $50,089 Neighborhood Services $73,464 Hotel $155,038 B Property Transfer Tax B.1 Projected Residential Land Uses Senior Living $4,934 Apartment $64,041 B.2 Projected Non-Residential Land Uses Grocery $664 Fitness $598 Restaurant $930 Neighborhood Retail $996 Neighborhood Services $1,461 Hotel $3,083 C Property Tax In-Lieu of Vehicle License Fee [12] Projected Residential and Non-Residential Land Uses $2,359,024 II Total Property Tax Revenues $6,292,591 Other Property Tax Revenue Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 428 9/17/2024 ATTACHMENT 1-D SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN PROPERTY TAX REVENUE ANALYSIS NOTES: [1] Based on "General Fund" levy for Tax Rate Area (TRA). Data provided by the County of Orange Auditor-Controller's Office. TRA allocations adjusted for ERAF. Note, figure does not include non-General Funds. [2] Post ERAF rates based on the weighted average of the fiscal year 2022-23 rates applicable to the TRAs in the Project. Source: County of Orange Auditor-Controller Office. [3] Estimate, subject to change. [3] Please see Attachment 1-C. Subject to change. [4] Source: Project Proponent. [5] Source: Project Proponent. [6] City of Santa Ana Municipal Code §35-100 [7] Source: California Revenue & Taxation Code §11901, et seq. [8] Source: County of Orange Auditor-Controller's Office. [9] Source: City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [10] Property Tax in-lieu of Vehicle Licensing Fees applies to incremental property value. Current estimated land value of Project site of $96,580,830 excluded from calculation. *All figures subject to rounding Exhibit 10 City Council 22 – 429 9/17/2024 ATTACHMENT 1-E SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN SALES TAX REVENUE ANALYSIS I Indirect Sales Tax Assumptions - Residential A Mortgage/Rent Assumptions A.1 Apartment Annual Rent Payment per Unit [1]$36,000 B Disposable Income Assumptions B.1 Senior Living Retail Taxable Expenditures [2]$16,954 B.2 Apartment Average Household Income (3:1 Income to Household Payment Ratio)$108,000 Retail Taxable Expenditures (as a % of Disposable Income) [2]23.22% II Indirect Sales Tax Assumptions - Employees Annual Spending per Employee [3]$924 III Retail Taxable Sales Capture City of Santa Ana Retail Taxable Purchase Capture [4]25% I Non-Residential Direct Sales Tax Assumptions A Non-Residential Land Uses Taxable Sales per Sq. Ft / Room [5] Grocery $315.00 Fitness $0.00 Restaurant $1,000.00 Neighborhood Retail $400.00 Neighborhood Services $0.00 Hotel $7,528.40 II Displaced Taxable Sales Displaced Existing Taxable Sales within the City of Santa Ana [6] 15% I Percent to the City of Santa Ana City of Santa Ana Municipal Code §35-51 1.00% Prop 172 Sales Tax [7]0.04% Measure X Sales Tax [8]1.00% Total 2.04% I Fiscal Impact Category Annual Fiscal Impact Amount AIndirect Sales Tax A.1 Projected Residential Land Uses Senior Living $17,311 Apartment $480,193 Indirect Sales Tax Assumptions Direct Sales Tax Assumptions Other Sales Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 430 9/17/2024 ATTACHMENT 1-E SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN SALES TAX REVENUE ANALYSIS A.2 Employee Taxable Sales Direct Employees $7,459 BDirect Sales Tax B.1 Projected Non-Residential Land Uses Grocery $273,387 Fitness $0 Restaurant $1,215,055 Neighborhood Retail $0 Neighborhood Services $0 Hotel $32,669 II Total Sales Tax Revenues $2,026,074 NOTES: [1] Source: DTA Market Research. [2] Source: Bureau of Labor Statistics, 2021 Consumer Expenditure Survey [3] Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office-Worker Retail Spending in a Digital Age," ICSC (2012). Adjusted for inflation assuming 3% annual inflation rate. [4] Source: Project Proponent. [5] Source: DTA Market Research. [6] Based on typical DTA baseline assumptions. [7] The City projects to receive approximately 8.4% of the Prop 172 sales tax receipts generated within the City, which is equivalent to 0.04% sales tax rate. Source: City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [8] Current rate is 1.5%, decreases to 1.0% in 2029, and then sunsets in 2039. *All figures subject to rounding Exhibit 10 City Council 22 – 431 9/17/2024 ATTACHMENT 1-F SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN TRANSIENT OCCUPANCY TAX REVENUE ANALYSIS I Hotel Assumptions [1] A Hotel Number of Hotel Rooms 250 Room Rate (per Night) $220 Occupancy Rate 86.00% II Transient Occupancy Tax Rate Assumptions City of Santa Ana Municipal Code §35-127 11.00% III Annual Hotel Revenue Hotel $17,264,500 I Fiscal Impact Category Annual Fiscal Impact Amount A Transient Occupancy Tax Hotel $1,899,095 II Total Transient Occupancy Tax Revenues $1,899,095 NOTES: [1] Source: Project Proponent. *All figures subject to rounding Transient Occupancy Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 432 9/17/2024 ATTACHMENT 1-G SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN UTILITY USER'S TAX REVENUE ANALYSIS I Telephone/Wireless A Projected Residential Land Uses Per Dwelling Unit Aggregate Senior Living $100 $20,000 Apartment $170 $637,500 B Projected Non-Residential Land Uses Per Building Sq. Ft./Room Aggregate Grocery $0.04 $1,980 Fitness $0.04 $1,980 Restaurant $0.34 $23,760 Neighborhood Retail $0.26 $19,800 Neighborhood Services $0.18 $19,800 Hotel $620.00 $155,000 I Electricity, Gas & Water A Projected Residential Land Uses Per Dwelling Unit Aggregate Senior Living $2,197 $439,400 Apartment $2,197 $8,238,750 B Projected Non-Residential Land Uses Per Building Sq. Ft./Room Aggregate Grocery $7.45 $372,450 Fitness $2.10 $94,500 Restaurant $10.02 $701,260 Neighborhood Retail $2.10 $157,500 Neighborhood Services $2.10 $231,000 Hotel $2,359.00 $589,750 I Utility User Tax Rate Assumptions Telephone/Wireless - City of Santa Ana Municipal Code §35-155 5.50% Electricity, Gas & Water - City of Santa Ana Municipal Code §35-156, 35-157 & 35-159 6.00% I Fiscal Impact Category Annual Fiscal Impact Amount A Utility User's Tax - Telephone/Wireless A.1 Projected Residential Land Uses Senior Living $1,100 Apartment $35,063 A.2 Projected Non-Residential Land Uses Grocery $109 Fitness $109 Restaurant $1,307 Neighborhood Retail $1,089 Neighborhood Services $1,089 Hotel $8,525 B Utility User's Tax - Electricity, Gas & Water B.1 Projected Residential Land Uses Senior Living $26,364 Apartment $494,325 B.2 Projected Non-Residential Land Uses Grocery $22,347 Fitness $5,670 Restaurant $42,076 Neighborhood Retail $9,450 Neighborhood Services $13,860 Hotel $35,385 II Total Utility User's Tax Revenues $697,867 NOTES: [1]Source: DTA Market Research. *All figures subject to rounding Utility Cost Assumptions [1] Utility User Tax Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 433 9/17/2024 ATTACHMENT 1-H SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN MULTIPLIER REVENUE SOURCES ANALYSIS I Revenue Category Multiplier Factor [1]Revenue Projection Basis Business Licenses $90.08 Per Employee Franchise Fees $25.15 Persons Served Charges for Services $23.03 Persons Served Licenses and Permits $4.16 Persons Served Fines and Forfeitures $12.53 Persons Served Adult-Use Retail Business Cannabis Tax $5.13 Persons Served Medical Marijuana Taxes $0.23 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Business Licenses $142,507 Franchise Fees $223,081 Charges for Services $204,276 Licenses and Permits $36,899 Fines and Forfeitures $111,141 Adult-Use Retail Business Cannabis Tax $45,503 Medical Marijuana Taxes $2,040 II Total Multiplier Revenues $765,447 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. *All figures subject to rounding Multiplier Revenue Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 434 9/17/2024 ATTACHMENT 1-I SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN INVESTMENT INCOME REVENUES ANALYSIS I Investment Income Assumptions Investment Period for Recurring Non-Interest General Fund Revenues 1 Month Local Agency Investment Fund (LAIF) Rate of Return [1]2.06% Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1]50.00% I Fiscal Impact Category Annual Fiscal Impact Amount Total Property Tax Revenues (Attachment 1-D)$6,292,591 Total Sales Tax Revenues (Attachment 1-E) $2,026,074 Total Transient Occupancy Tax Revenues (Attachment 1-F) $1,899,095 Total Utility User's Tax Revenues (Attachment 1-G) $697,867 Total Multiplier Revenues (Attachment 1-H)$765,447 II Projected Recurring General Fund Revenues Available for Investment $11,681,073 III Plus: Investment Income (Less Earnings Cost) $10,041 IV Total Recurring General Fund Revenues $11,691,114 NOTES: [1] Estimate. Subject to change. *All figures subject to rounding Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 435 9/17/2024 ATTACHMENT 1-J SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN MULTIPLIER EXPENDITURES ANALYSIS I Expenditure Category Multiplier Factor [1]Expenditure Projection Basis [2] Police Department $385.45 Persons Served Fire Department $145.67 Persons Served Public Works $131.03 Persons Served Park, Recreation & Community Services $31.15 Persons Served Community Development $18.23 Persons Served Library $15.33 Persons Served Museum $5.83 Persons Served I Fiscal Impact Category Annual Fiscal Impact Amount Police Department $3,522,628 Fire Department $1,331,278 Public Works $1,162,236 Park, Recreation & Community Services $276,301 Community Development $161,700 Library $135,977 Museum $51,712 II Total Multiplier Expenditures $6,641,832 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [2] Persons Served population for the police and fire protection costs includes daily hotel guests. *All figures subject to rounding Multiplier Expenditure Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 436 9/17/2024 ATTACHMENT 1-K SANTA ANA, CALIFORNIA: RELATED BRISTOL SPECIFIC PLAN GENERAL GOVERNMENT EXPENDITURES ANALYSIS I General Government Overhead Expenditures Total Recurring Fund Expenditures (excluding General Government Overhead) [1]$276,005,100 Recurring General Government Overhead Expenditures (as a % of Total Recurring Fund Expenditures) [2]33.2% Marginal Increase in General Government Costs 75% I Fiscal Impact Category Annual Fiscal Impact Amount Total Multiplier Expenditures (Attachment 1-J)$6,641,832 II Projected Recurring General Fund Expenditures $6,641,832 III Plus: General Government Costs $1,655,034 IV Total Recurring Expenditures $8,296,866 NOTES: [1] Based on the City of Santa Ana Adopted Budget, Fiscal Year 2022-2023. [2] General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government. *All figures subject to rounding Assumptions Fiscal Impact Calculation Exhibit 10 City Council 22 – 437 9/17/2024 Exhibit 10 City Council 22 – 438 9/17/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. COMMUNITY BENEFITS ANALYSIS REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Exhibit 10 City Council 22 – 439 9/17/2024 TABLE OF CONTENTS SECTION PAGE I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN ........................................................................... 1 II PURPOSE OF A CBA ................................................ 3 III CITY INTENT FOR THE SPECIFIC PLAN ............. 6 IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY ........................................................................... 8 V RECURRING AND ONE -TIME FISCAL BENEFITS TO THE CITY GENERAL FUND ........................... 10 VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY ......................................................................... 12 VII CONCLUSION ........................................................ 29 APPENDICES APPENDIX A SPECIFIC PLAN PERMITTED USES APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Exhibit 10 City Council 22 – 440 9/17/2024 1 SECTION I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com I DESCRIPTION OF RE LATED B RISTOL SPECIFIC PLAN DTA has been engaged to conduct a Community Benefits Analysis (“CBA”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client”). The intent of the CBA Report is to summarize the community benefits that accrue to the City from the completion of the Project. Community benefits traditionally fall into eight categories: 1. Benefits that improve the quality of life in the community; 2. Benefits that expand economic opportunities; 3. Improvements that provide jobs for local residents; 4. Improvements that provide amenities for the public at large; 5. Benefits that make public spaces more attractive; 6. Benefits that implement City policies; 7. Benefits that can be accessed by local neighbors; and 8. Provisions to advance the public good. The Related Bristol Specific Plan (‘Specific Plan”) is an urban village concept bringing together residential and retail development in one location on a sizeable scale. The City and RCR Bristol, LLC (the “Developer”) anticipate that the Specific Plan will transform the City’s economy with the development of up to 3,750 dwelling units and 350,000 square feet (“SF”) of retail development, a 250-room hotel, and a 200-bed congregate care facility. These improvements are anticipated to encourage additional investment in the local marketplace, enhance the civic life of the Bristol Street Corridor with public space coordinated with the Arts District to the East, improve the economic health of new and existing residents, provide opportunities for both local retail shops and upscale regional retail uses similar to South Coast Plaza, and create new jobs and generate Transient Occupancy Tax (“TOT”) revenues through the construction of a 250-unit upscale hotel that will target tourists from outside the immediate area. The Project site is identified in the City’s General Plan Land Use Element as being located in District Center 5 (DC-5) within the South Bristol Street Focus Area. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway), west of State Route 55 (the Orange Freeway), north of Sunflower Avenue, and west of South Bristol Street adjacent to the boundary between the Cities of Santa Ana and Costa Mesa, which runs through the centerline of Sunflower Avenue. Figure 1: Location Map Exhibit 10 City Council 22 – 441 9/17/2024 2 SECTION I DESCRIPTION OF RELATED BRISTOL SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The Specific Plan area is located within the larger South Coast Metro area of Orange County (the “County”), one of the most highly developed urban mixed-use areas within the County. The South Coast Metro area includes retail, Class A office, high- and mid-rise residential, hotels, restaurants, and a state-of-the-art performing arts center. The local area is centered around South Coast Plaza. This South Coast Metro Area is located at the intersection of the regional freeway systems and major arterials providing access to Orange County, Los Angeles, San Diego, and the Inland Empire. John Wayne Airport (SNA), a commercial airport serving the Orange County area, is located less than 1.5 miles from the Specific Plan area. There is a regional transportation center about 5 miles to the north that connects to the Metrolink and Amtrak systems. The Project site is within walking distance of the Segerstrom Center for the Arts, South Coast Repertory Theatre, and Orange County Museum of Art. The Segerstrom Center for the Arts has a capacity of 3,000 visitors and numerous outdoor art displays and community spaces. The Noguchi Sculpture Garden is a prominent public space within Pacific Arts Plaza directly south of the Center for the Arts. Finally, the Orange County Museum of Art is a modern and contemporary art museum showcasing internationally recognized artists based in California and the Pacific. Figure 2: Proposed Project Land Uses Exhibit 10 City Council 22 – 442 9/17/2024 3 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com II PURPOSE OF A CBA A CBA is required for projects that seek General Plan amendments (Santa Ana General Plan Land Use Element Policy LU-1.8). Community benefits are measures that are voluntarily incorporated into a development project and often exceed requirements that municipalities can impose to mitigate project impacts or comply with regulations. These can vary widely when it comes to implementation as community benefits are specific to each community’s objectives and local market conditions. DTA reviewed the Project’s proposed community benefits, hereinafter referred to as the “Community Benefits,” and financial capacity to provide such benefits. Our analysis evaluates two types of Community Benefits. The first type consists of financial benefits the City will receive through the construction of the Project and once the Project has been built-out, including additional annual recurring fiscal benefits such as property taxes, TOT, and sales taxes. There is also the financial benefit of Development Impact Fees (“DIFs”) that can be collected by the City on a one-time basis to fund City infrastructure. The second set of benefits are oriented towards enhancing residents’ quality of life and include improvements to parks and recreation facilities, the development of measures directed towards the protection of the environment, the construction of low-income housing, and the implementation of goals and policies aimed at achieving the City’s projected Jobs/Housing Balance. Municipalities target a Jobs/Housing Balance to encourage sufficient economic growth to provide employment opportunities for local residents and support local retail development and entertainment opportunities. The Jobs/Housing Balance ratio is a ratio of the number of jobs in a community divided by the number of housing units. A community with a sufficient Jobs/Housing Balance promotes shorter commutes and reduces Vehicle Miles Traveled (“VMT”), therefore creating air quality benefits. In assessing financial Community Benefits, the proposed Project has been compared to the existing Project site that is currently underutilized. Since DTA has not been provided with an executed Development Agreement or Community Benefits Agreement for the Specific Plan, our narrative reflects information on Project characteristics, conditions of approval, and benefits listed in the Specific Plan, as well as DTA’s research regarding the City and the community in which the Project is being constructed. CBAs for mixed-use communities in California can vary depending on the specific project and its impact on the surrounding community. Furthermore, there is not a common industry definition of a CBA, so each jurisdiction may have its own set of parameters. CBA requirements in one jurisdiction may not be applicable to another jurisdiction. That said, the general consensus is that community benefits include the following: Exhibit 10 City Council 22 – 443 9/17/2024 4 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Table 1: Potential Community Benefits Targeted low-income units; Landscaping, parks, and open space; Density bonuses; Support for local community-oriented programs; DIFs; Childcare facilities; Affordable housing units/housing fees; Community centers accessible by the general public; Jobs/Housing Balance; Art in public places; Energy conservation; Pedestrian and bicycle improvements; Vehicle traffic reduction; Connection to the regional transit systems; Parking reduction strategies; Police/fire facilities stations; Improvements to air quality; Local hiring; Mitigation of noise and vibration impacts; Community outreach; and Neighborhood amenities; Operations and maintenance costs solely supported by the owner. Streetscape improvements; Some examples of factors that are commonly considered in a CBA are included below. Affordable Housing: Assessing the need for affordable housing within the community and evaluating the proposed development's contribution towards meeting that need. This may include determining the number of affordable units, their affordability levels, and the duration of affordability restrictions. As the property is on leased land, most residential owners are reluctant to own property encumbered by an underlying ground lease. Transportation and Infrastructure: Evaluating the impact of the development on transportation infrastructure, such as roads, public transportation, and bike lanes, and analyzing whether the project includes measures to mitigate traffic congestion and improve transportation options, like supporting public transit or providing infrastructure for alternative modes of transportation. Parks and Open Spaces: Examining the availability and accessibility of parks, recreational areas, and open spaces within and around the development. A CBA can also assess whether a project includes provisions for new parks or contributes to enhancing existing ones, thereby promoting outdoor activities and community interaction. Community Services: Assessing the availability and accessibility of essential community services, such as schools, healthcare facilities, libraries, and community centers. This may include evaluating whether a project includes provisions to support or enhance these services or if there is a need for additional infrastructure. Environmental Impact: Evaluating the environmental impact of the development, including its potential effect on air quality, water resources, and natural habitats. This may include assessing whether a project incorporates sustainable design features, renewable energy, water conservation measures, and other environmentally friendly practices. Exhibit 10 City Council 22 – 444 9/17/2024 5 SECTION II PURPOSE OF A CBA Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Economic Development: Analyzing the potential economic benefits of the development, such as job creation, increased tax revenues, and local business opportunities. This may include assessing whether a project contributes to the local economy and if there are provisions for workforce development or job training programs. Cultural and Community Character: Considering the impact of the development on the existing sociocultural and community character. This may include assessing whether a project incorporates design elements, public art, or other features that reflect and preserve the unique cultural identity of the community. These are just some examples of the factors that can be included in a CBA for mixed-use communities in California. The specific analysis will depend on the characteristics of the project, local context, and requirements set forth by local government agencies or planning departments. Exhibit 10 City Council 22 – 445 9/17/2024 6 SECTION III CITY INTENT FOR THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com III CITY INTENT FOR THE SPECIFIC PLAN The City’s intent for this Specific Plan area is integral to the intended character of the Project, which builds off the South Bristol Street objectives as outlined on page LU 61 of the General Plan Land Use Element. The major objective of the Project is to replace a vacant and obsolete retail development with a contemporary residential and retail-based self-contained urban village. The Specific Plan is consistent with, and implements, the City’s vision for the District Center- High and South Bristol Focus Area (see also Appendix B, SCAQMD Policies: City General Plan): The District Center-High is a mixed-use designation identified in the General Plan as including “high-density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” 1 Table LU-2 of the General Plan (Build-Out) identifies an assumed housing growth of 5,272 units in the District. The proposed 3,750 units fall within the assumed growth target. Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio ("FAR") of 5.0, or 125 dwelling units per acre, and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. The General Plan’s District Center designation would allow up to 8,733,780 SF of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Specific Plan will result in an FAR of 2.7, well within the maximums allowed in the General Plan. A General Plan Amendment is neither required nor proposed. The General Plan envisions “urban villages,” “an intense multistory presence,” and “mixed-use opportunities.” The Specific Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. The General Plan requires fiscal neutrality (LU 2.4). The Project results in positive fiscal impacts. The General Plan calls for community involvement (LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. The General Plan encourages areas for community gathering and outdoor entertainment (LU 2.3). The Specific Plan includes approximately 13 acres of open 1 Source: Related Bristol Specific Plan. Exhibit 10 City Council 22 – 446 9/17/2024 7 SECTION III CITY INTENT FOR THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com space, which includes public plaza areas and a central park accessible to the public and available for outdoor entertainment. The Specific Plan area is not within a U.S. Environmental Protection Agency Environmental Justice Area. The Specific Plan envisions a neighborhood layout that connects the community (internally and externally) to walkable, pedestrian, and bike-friendly streets through a variety of sidewalks, greenways, walkable streets, and squares/plazas. The street network emulates the best practices of a vibrant pedestrian village core while providing the density and overlapping programming that is commonly found in successful town center projects. An artist’s 3 D rendering is shown below. Figure 3: 3 -D Rendering of the Proposed Project Site2 It should be noted that all buildings will be no taller than 8 stories3 or 85 feet in height, except for the hotel and congregate care facility. This is in contrast with the existing office buildings located east of Bristol Street that are up to 285 feet tall. 2 Source: Related Bristol Specific Plan. 3 Source: Related Bristol Specific Plan, pages 4-8, coordinated with the figure from page 2-1. Exhibit 10 City Council 22 – 447 9/17/2024 8 SECTION IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY The Specific Plan will invigorate the South Coast Plaza area by providing 3,750 housing units. According to the US. Census Bureau, the population of the City is comprised of approximately 309,000 people living in 77,000 households, with an average of four people per housing unit. However, the housing units located within the Project’s boundaries are smaller than the average unit in the City. Assuming that 1.73 people will live within each unit, the Specific Plan will generate an estimated 6,500 new residents who will generate benefits for the City, including significant new sales and property tax revenue. In addition to providing a new grocery store, the Specific Plan will demolish existing obsolete buildings and replace them with modern mid-rise and high-rise mixed-use structures. This will serve to enhance the health and quality of life of the neighborhood. The Project site currently contains 465,000 SF of retail uses and the associated surface parking, which is proposed to be replaced by 350,000 SF of new retail and commercial space with up to 780 surface spaces, 205 open air parking spaces, and 2,910 underground parking spaces. The proposed redevelopment of the Project site will allow merchants opportunities to establish new businesses in the local area. One goal of the Project will be to create inclusive economic development and job opportunities for residents in the surrounding community, which should create a large urban center in the County in conjunction with South Coast Plaza and the Segerstrom Center. Community Benefits related to the overall Specific Plan include the following: 1. The Project will include the development of up to 3,750 residential units that will have a meaningful contribution to the housing needs in the region. As identified by CoStar, a leading market data provider, the apartment vacancy rate in the immediate area is quite low and the creation of up to 3,750 units should help relieve the local housing shortage. Furthermore, the addition of these new rental units will create a need for local serving retail that will reinvigorate the existing “obsolete” neighborhood commercial. From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” Figure 4: Proposed Street Design Exhibit 10 City Council 22 – 448 9/17/2024 9 SECTION IV OVERVIEW OF COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 2. The Project will offer 350,000 SF of commercial development, a downsizing from the existing 465,000 SF of Income-Producing Property (“IPP”). CoStar identified in May 2023 that annual office rents within the 2-Mile Zone are $30.70 per SF with a vacancy of almost 21%. During our site inspection, we noticed that there are existing tenants that include typical office uses, such as tax preparation. On the other hand, CoStar’s retail data indicates that annual retail rental rates are $37.53 per SF with a vacancy of 1.9%. The reduction of retail space and its replacement by residential square footage should maintain similar gross revenues (CoStar estimates annual residential rents of about $40.00 per SF per year will increase the overall value of the property). It should also be noted that office uses generally do not generate sales tax. 3. The proposed retail will replace the existing “obsolete” retail (see discussion above). 4. Based upon the proposed design standards, the structures and Specific Plan are designed to attract professionals of all ages. These tenants should be attracted to the combined residential and retail programs encouraging an active lifestyle. 5. The community design standards are intended to create a self-contained village that integrates with the adjacent South Coast Plaza and Arts District. 6. The Developer is planning to pay Affordable In-Lieu Housing Fees that are currently $15.00 per SF. If the average residential units is 900 SF, the estimated Housing In-Lieu Fee will exceed $50,600,000. Exhibit 10 City Council 22 – 449 9/17/2024 10 SECTION V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND A Recurring Annual Fiscal Surplus to City General Fund As listed in Table 2, at build-out, the Project is anticipated to generate recurring fiscal net revenues to the City's General Fund of $3,394,248 per year (in 2023$). This is based on annual recurring revenues of $11,691,114 and annual recurring expenditures of $8,296,866 per year. The calculations supporting this projected annual fiscal surplus are contained in DTA’s memorandum (“memo”) dated June 2, 2023, entitled “Fiscal Impacts Resulting from the Proposed Related Bristol Specific Plan,” which is included herein by reference. Table 2: Net Annual Recurring Fiscal Impacts of the Project Fiscal Impact Category DTA FIA Secured Property Tax $3,856,860 Property Transfer Tax $76,707 Property Tax In Lieu of Vehicle License Fee $2,359,024 Direct Sales Tax $1,521,111 Indirect Sales Tax $504,963 Transient Occupancy Tax $1,899,095 Utility User's Tax $697,867 Business Licenses $142,507 Franchise Fees $223,081 Charges for Services $204,276 Licenses and Permits $36,899 Fines and Forfeitures $111,141 Adult-Use Retail Business Cannabis Tax $45,503 Medical Marijuana Taxes $2,040 Intergovernmental $0 Miscellaneous $0 Investment Income $10,041 Total Recurring Revenues $11,691,114 Police Department $3,522,628 Fire Department $1,331,278 Public Works $1,162,236 Park, Recreation & Community Services $276,301 Community Development $161,700 Library & Museum $187,689 General Government $1,655,034 Total Recurring Expenditures $8,296,866 Total Annual Recurring Surplus/(Deficit) $3,394,248 Total Annual Revenue/Expenditure Ratio 1.41 Exhibit 10 City Council 22 – 450 9/17/2024 11 SECTION V RECURRING AND ONE-TIME FISCAL BENEFITS TO THE CITY GENERAL FUND Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com B Development Impact Fees The development of the Project will generate significant Development Impact Fees (“DIFs”), which are fees imposed on new development, generally prior to the issuance of building permits, to fund the cost of regional infrastructure that will be utilized by new development. Many of these DIFs will be collected directly by the City, while others will benefit other government agencies, such as the Foothill Transportation Corridor and San Joaquin Hills Corridor. The projection of the DIFs in the CFD is a direct function of many factors, including the actual amount of residential and non-residential square footage constructed, the final dwelling unit count, and other metrics. Table 3 is based on an assumed product mix that is subject to change as the Project is developed. Table 3 : DIF Summary by Fee Type DIFs Total Quantity Unit Unit Price Total Cost Santa Ana Transportation System Improvement Area Multifamily Fee - Area 3,375,000 SF $1.10 $3,712,500 Santa Ana Transportation System Improvement Area Non-Residential Fee - Area 350,000 SF $3.31 $1,158,500 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Multifamily 3,750 DU $1,270.04 $4,762,650 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Retail 350,000 SF $9.11 $3,188,500 Santa Ana Harbor Specific Plan Mitigation Fee 3,750 DU $850.00 $3,187,500 Foothill Transportation Corridor Fee - Multifamily 3,750 DU $2,568.00 $9,630,000 Foothill Transportation Corridor Fee - Non-Residential 350,000 SF $4.99 $1,746,500 San Joaquin Hill Corridor Fee - Multifamily 3,750 DU $2,735.00 $10,256,250 San Joaquin Hill Corridor Fee - Non-Residential 350,000 SF $5.99 $2,096,500 Drainage Assessment Fee - Zone 41 AC $7,748.21 $318,219 Orange County Sanitation Sewer Connection Fee 75,000 Fix $49.00 $3,675,000 Orange County Sanitation District - Multifamily Capacity Fee 3,750 DU $3,743.00 $14,036,250 Orange County Sanitation District – Non-Residential Capacity Fee - Avg 2 Bdrms 350,000 SF $1.49 $519,750 Santa Ana School District Impact Fee - Residential 3,375,000 SF $4.79 $16,166,250 Santa Ana School District Impact Fee - Commercial 350,000 SF $0.78 $273,000 Santa Ana Affordable Housing In Lieu Fee 3,375,000 SF $15.00 $50,625,000 Total DIFs $125,352,369 Exhibit 10 City Council 22 – 451 9/17/2024 12 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY A Residential The Project is envisioned as a mixed-use urban community with multiple blocks of residential uses throughout the Specific Plan area. This Specific Plan does not intend to limit or restrict the residential building types or architectural style. Residential uses may be single-use buildings within a block or in a mixed-use building with ground-floor retail uses. The building architecture will be designed to attract a demographic interested in carefree living. It is believed that the proposed tenants will be interested in attending concerts and other community events in the Arts District to the east. Building types may include but are not limited to the following: 1. Tower on podium, which is a multi-level tower around or above a central core or series of cores. 2. Podium structure, which is a multi-level structure situated on top of a podium base. 3. Wrap structure, which is a multi-level building surrounding an internal parking structure. 4. A live-work space is an integrated residence and workspace occupied by a single household. This is a relatively low-density building type that is permitted but not anticipated within the Specific Plan area. 5. Townhomes, which are individual attached units arranged side-by-side. 6. Stacked dwellings, which are units within a single structure that are stacked one above the other. 7. A variety of mixed-use frontages may be used, including forecourt, storefront, gallery, and arcade types of architectural treatments. The architectural treatment for the pedestrian/street level in all cases shall be designed to create a pedestrian-scaled experience. Senior and age-qualified projects (including continuum of care communities that include a full range of independent living through skilled nursing facilities) are specifically allowed within the Specific Plan. Such projects will include an amenity package in accordance with the Project’s demographics. Revenue-wise, the residential development will be responsible for a large portion of the $6.2 million in property taxes and in-lieu Vehicle License Fees (“VLFs”) generated by the Project annually on behalf of the City. Furthermore, the residents within the Project are Figure 5: Proposed Project Street Scene Exhibit 10 City Council 22 – 452 9/17/2024 13 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com expected to generate an additional $500,000 per year in City sales taxes through the purchase of taxable goods and services located outside of the Project itself. B Retail Retail development is currently experiencing significant changes due to the competitive nature of online shopping. In a recent national poll of shopping trends4, 59% of consumers reported buying clothes, 45% reported purchasing shoes, and 38% reported purchasing electronics online. As retail trends continue to shift away from traditional brick and mortar retail uses towards experiential retail, it is important that traditional “strip” shopping centers, such as Metro Town Square, adapt to meet the changing needs of the marketplace. In terms of revenues generated by retail development on behalf of the City, it is estimated that the new retail development within the Project will generate $1.5 million per year in direct sales taxes. Community Benefits related to the new retail opportunities within the Project are as follows: 1. Redevelopment of existing retail stores to address the future marketplace; 2. Leverage the success of the adjacent South Coast Plaza; 3. Development of a safe and comfortable environment for people to shop, dine, entertain, live, work, and play; 4. Future local-serving and destination retail uses geared to reducing vehicular traffic and related air quality impacts will result from the Project since there will be more than 6,500 new residents within walking distance of the new grocery store and other retail outlets; 5. Construction of underground parking should allow tenants to park their cars and walk to the new retail shops, while at the same time allowing non-residents to park their cars directly under the retail shops and not have to walk across large surface parking lots; and 6. Creation of an environment to attract new business investment that will provide a catalyst for the redevelopment of the community. Retail spaces in many locations are undergoing changes resulting from adjustments to consumer behavior. For example, many restaurants are adding outdoor dining for their customers. The majority of the retail buildings in the 2-Mile Zone were built between 1970 and 1986, with some buildings undergoing restoration between 1999 and 2002. Retail space is evolving due to many factors. Shoppers expect improved merchandising, data-driven advice, and the ability to customize product offerings. Where previous retailers were only able to offer merchandise in the store, in the current environment, customers expect that 4 Source: https://www.bigcommerce.com/blog/online-shopping-statistics/. Exhibit 10 City Council 22 – 453 9/17/2024 14 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com that if the merchandiser does not have the proper size or color on hand, it can be ordered from a remote location and delivered to them by Amazon (or equivalent) within 24 hours. In each retail store, sales personnel also have access to customer data, such as rewards programs and previous customer purchasers, intended to improve the buying experience. The combination of an urban village that integrates residential units with nearby retail will increase the walkability of the Specific Plan area by permitting shoppers to have easy access to shops, with the result that shopper traffic should increase for the new retail shops. The proximity of retail and residential uses will encourage residents to rely more on direct delivery for groceries, takeout meals, and the purchase of consumer products that can be delivered directly to the doorstep within 24 hours. This may also require that retail locations allocate space to these delivery services. According to our site visit, many of the buildings in the Metro Town Square have relatively low ceilings that are not conducive in the current market. Most current retailers prefer higher ceilings to provide a comfortable environment for customers and a place to hang signs and mount security cameras. Higher ceilings also provide more room for stacking inventory, both on the display floor and in the warehouse. C Congregate Care The Developer is planning to construct a congregate care facility with up to 200 rooms and 225,000 SF focused on accommodating an aging population. Potential congregate care may include: Independent Living Units: A project designed for the senior resident who needs specialized services and amenities to accommodate their special needs and prolong their ability to live independently, including meal preparation, common dining facilities, emergency call monitoring, housekeeping services, shuttle services, and the delivery of groceries and pharmaceuticals. Other benefits to the community will encompass the availability of services to support the care of an ailing spouse, such as adult daycare services and limited nursing services. Congregate Housing Community (Including Assisted Living and/or Skilled Nursing): The Project may also benefit the City by satisfying needs for senior residents consisting of nursing care, medical services, and memory care facilities. Specific services may include security, activity centers, housekeeping, emergency monitoring, and transportation. Community Benefits related to the congregate care facility are as follows: 1. Access to a facility where active adults and senior citizens can safely shop, dine, entertain, live, work, and play. 2. Retail opportunities are located within walking distance of the congregate care facility, so elderly customers will become less reliant on the use of their vehicles. 3. As the number of Americans ages 65 and older is projected to nearly double from Exhibit 10 City Council 22 – 454 9/17/2024 15 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 52 million in 2018 to 95 million by 20605, the need for congregate care facilities will increase significantly. A 200-bed facility should help address the increased need for these facilities. 4. Congregate care facilities generate less traffic than conventional residential units. D Hotel The Specific Plan provides for an upscale high-rise hotel with 250 rooms, including restaurants, on-site alcohol service, conference facilities, event spaces, and rooftop amenities. Community Benefits related to the hotel property are as follows: 1. The hotel will provide an anticipated $1,899,095 in TOT revenue to the City’s General Fund; 2. The hotel will generate sales tax as a result of its restaurants and retail operations; 3. The hotel will provide additional dining areas to enhance local offerings; 4. The hotel will provide conference space in the local marketplace for organizations to use for conferences; 5. The hotel will accommodate short-term and long-term guests who are visiting tenants in the residential units; 6. The new hotel will increase the number of higher-end hotel rooms in the area; and 7. Along with the nearby Westin South Coast Plaza that provides 393 hotel rooms, the addition of a new hotel should provide event space for larger conferences and community gatherings. E Community Features The intersection of South Bristol Street and Sunflower Avenue will create a new gateway to the City and will be designed using gateway elements, such as an archway crossing South Bristol Street or significant ground-level monuments, landscape elements, and public art. An entry monument to a city often delineates the boundary between two cities. Other benefits to the City are designed to ensure that the appearance of on-site structures do not become dated and the area remains an example of high-quality architecture within Santa Ana including the following: 1. Buildings will emphasize a clear architectural style that is properly articulated and detailed for what research shows to be the most appropriate style; 2. Architectural elements will activate on-site open space components to create a cohesive space; 5 Source: https://www.prb.org/resources/fact-sheet-aging-in-the-united-states/. Exhibit 10 City Council 22 – 455 9/17/2024 16 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 3. All buildings will feature four-sided architecture in which equal focus is applied to each side of a building with regard to massing, proportion, and material composition; and 4. The Specific Plan will promote a farmers market selling fresh and healthy food options. The Project design standards require green building elements, including: 1. Use of materials and technologies that minimize environmental impacts, reduce energy, minimize dry and wet utility consumption, and promote long-lasting development; and 2. Window technologies, such as physical sun shading, low-emissivity coatings, and insulated daylighting panels, will be utilized where appropriate to decrease the energy costs associated with cooling buildings during most of the year. F Jobs/Housing Balance and Increased Construction Employment The Jobs/Housing Balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting and traffic congestion. It also reduces commute times, improves local social, cultural, and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected in Table 4 and Figure 6, the City’s current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, as compared with a Statewide average of 1.260. The addition of 1,586 permanent new jobs through the construction of the Project would decrease the jobs/housing ratio modestly to 1.664, as the 3,750 new housing units incorporated in the Project are greater than the 1,586 permanent recurring jobs to be generated by the Project. Exhibit 10 City Council 22 – 456 9/17/2024 17 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Table 4: Pre-Project and Post-Project Permanent Jobs /Housing Balance in Santa Ana Description Citywide Average Statewide Average Pre-Project Post-Project Number of Permanent Jobs 141,543 6 143,129 18,536,600 Number of Housing Units 82,058 86,008 14,711,648 Existing7 82,058 82,058 14,707,698 New N/A 3,750 3,750 Jobs /Housing Balance 1.725 1.664 1.260 Figure 6 : Pre -Project and Post-Project Jobs/Housing Balance In addition to these recurring permanent jobs, during the construction period (up to 10 years), estimated construction activity will generate approximately $2.6 billion of additional spending, much of which will occur in the City. In a typical construction project, much of the material is purchased from local vendors and labor is provided by locally based contractors. Of course, when a developer pays for planning fees, deposits, permits and DIFs this is paid directly to the City. As a result of these expenditures, a total of 16,834 construction-related jobs will be created during the construction period. G Affordable Housing As part of the Specific Plan, the Developer will be providing affordable housing, including dwelling units targeted to low-income households. The Developer will work with community representatives to identify affordable housing needs and develop programs that will encourage local residents to benefit from low-cost housing offerings in accordance with State laws, ordinances, and regulations. The State of California has placed an urgent emphasis on housing of all types. The City’s Regional Housing Needs Allocation (“RHNA”) for the next General Plan Housing Element cycle, which extends from 2021‐2029, includes 3,137 new housing units. 6 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2022. 7 Labor Market Information Division, State of California Employment Development Department. Exhibit 10 City Council 22 – 457 9/17/2024 18 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of low-income housing include: 1. All projects seeking entitlements from the City must comply with the City’s Affordable Housing Opportunity and Creation Ordinance (“AHOCO”). If sufficient affordable housing is not constructed within the Project site itself, the Developer would be required to pay the City’s current In-Lieu Affordable Housing Fee (“In-Lieu Fee”) requirement of up to $15 per square foot (lower levels are allowed if 90% of the labor utilized for the Project is union labor). Based on the construction of 3,750 dwelling units as currently anticipated for the Project, and assuming an average sized unit of 900 SF, the Developer could fund as much as $33,750,000 in In-Lieu Fees by Project build-out to subsidize off-site affordable housing within the City. Notwithstanding the above, a Development Agreement is to be negotiated between the City and Developer that may modify the amount of In-Lieu Fees to be paid by the Developer. 2. The City’s compliance with the California Department of Housing and Community Development objectives established as part of the RHNA program. 3. The opportunity for low-income workers to live close to the workplace, afforded by providing housing close to well-paying jobs, translates to lower congestion and commute times by eliminating the necessity for long-distance drives from home to work. 4. Quality-of-life benefits include reduced stress in commuting and more leisure time. H Community Outreach The Specific Plan has been created with community input and is supported by market, fiscal/economic, and technical studies prepared by experienced consultants, including civil engineers, traffic engineers, urban designers, architects, planners, and landscape architects. Consultation with City staff and the review of the City’s updated General Plan has guided the content and character of the Specific Plan. During the up to 10-year development time frame, the Developer will develop a community outreach program to ensure that all interested parties will be provided with current information about the Project’s development. This will include the establishment of a community website, distribution of electronic newsletters, and use of other digital platforms to share information on the Project. The Developer will share information and updates about the Project throughout the construction of the buildings and implementation of the Specific Plan. It is intended that the Developer will address and be responsible to residents and community leaders for employment opportunities, youth engagement programs, and the construction of various parks and open space. Exhibit 10 City Council 22 – 458 9/17/2024 19 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com In August 2022, a Welcome Center was opened on the Project site that is available to the public and is a location where meetings with community residents and stakeholders have been arranged. Over 25 meetings have been held with over 200 stakeholders since the Welcome Center opened, which have provided an opportunity for the Developer and City to receive input related to reimagining the Project site. Community Benefits of a community outreach program include the following: 1. The public has been and will continue to have input on the Project’s development during the life of the Project; and 2. The public has been and will continue to be able to monitor the development of the Project as information has been provided by the Developer. I Energy Efficiency The Specific Plan encourages the Developer to design the buildings in an energy-efficient manner. As a result, all of the buildings within the Project will be designed to reduce energy consumption using the most updated technology to produce heating, cooling, ventilation, and lighting. The Project will emphasize passive cooling systems that minimize the energy demands necessary for climate control in buildings. The Project will provide places for solar receptors on building roofs to generate electrical energy. The energy generated on retail buildings’ roofs during the day could be stored for use in residential structures in the evening. In addition, energy generated by solar systems on residential units during the day could be available for the retail units during commercial hours. Other alternatives include the use of energy-efficient cladding and building fenestration that can reflect sunlight during the day, thereby lessening the need for air conditioning and solar glass, that can be fed into the building’s electric grid. Furthermore, landscaping elements will act as heat sinks that absorb, store, reflect, redirect, or dissipate heat. A typical heat sink created by landscaping elements will absorb heat during the day and usually release it as the temperature drops in the evenings. Community Benefits related to energy conservation include: 1. Reduction of energy costs to building users; 2. Potential sale of solar energy to tenants and the entire City electrical grid; 3. Landscaping and water features that can absorb energy with the intention of reducing outdoor temperature by between 6° and 12° Fahrenheit in the summer; 4. Creative building design that can reflect energy away from a building, thereby reducing the need for air conditioning; 5. The use of energy-efficient cladding that will reduce energy used to heat or cool a building; 6. Use of solar glass to feed energy into the respective buildings’ grid; and Exhibit 10 City Council 22 – 459 9/17/2024 20 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 7. The green building elements within the Project are being designed to reduce energy use and minimize the heat sink effects. J Open Space The Mixed-Use/Residential North District includes a significant open space (Bristol Central Park) in the north and a pedestrian-only greenway linkage connecting the residential areas to the mixed-use village core. The Bristol Central Park is tentatively programmed to include pickleball, volleyball, and basketball courts, the adventure playground, a dog park, a picnic area, and outdoor seating. Figure 7: Bristol Plaza8 Phase 1 of the Project includes The Bristol Green and The Bristol Plaza that create park-like settings in the center of the development adjacent to the proposed hotel. Pedestrian linkages are emphasized in the Specific Plan’s districts, with a system of local neighborhood streets, commercial shared streets, and residential shared streets providing pedestrian and vehicular access. These linkages include the Greenlink trail, which is envisioned to potentially include an Arroyo Walk through native vegetation, a garden area, and outdoor seating. The Greenlink trail will have a dedicated pedestrian path and shade with flowering trees, places for sitting and socializing, and walking paths to residences with adjoining front terraces and garden areas. The implementation of the Specific Plan will result in a significant increase in sustainability through the inclusion of open space and trees within the Project site. An overall drought-tolerant plant palette is anticipated to conserve water, reduce the heat sink effect, use efficient irrigation, and potentially utilize biofiltration mechanisms to treat rainwater. The proposed Bristol Central Park in Phase 3 includes approximately 2.5-acres of publicly accessible open space and will encompass open play areas, walkways, seating, and a private 8 Source: Related Bristol Specific Plan. Exhibit 10 City Council 22 – 460 9/17/2024 21 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO T HE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com recreation facility for the surrounding residential users. Bristol Central Park may also include an adventure playground, a dog park, a storm water garden for sustainable detention, outdoor fitness and sports courts, passive recreational areas, an extensive lawn area, a private clubhouse with a pool and spa, and outdoor dining and seating opportunities. Landscaping and amenity spaces may be placed on top of a parking structure or integrated into the structure using creative methods, provided they are physically separated from parking areas for safety. Safety standards include clear lines of sight, separation of conflicting and dissimilar uses, appropriate lighting, and walkways separated from automobile traffic. Community Benefits resulting from the Project’s proposed landscaping design are as follows: 1. The landscaping is designed to provide a central theme to the community and enhance the retail experience. 2. The lighting plan is designed to increase safety for both local residents and shoppers. 3. The proposed Project will include 13.5 acres of landscaped areas (about 33% of Project area) and landscaped surfaces that will reduce the heat sink phenomena and lower surface temperatures. 4. Bristol Central Park (2.5 acres), Bristol Green (0.66 acres), The Bristol Plaza (0.9 acres), and Greenlink trails (0.6 acres) will be available to both residents and the public. These areas are planned to be automobile free. 5. The Specific Plan encourages art in public places. 6. The Specific Plan mandates the construction of a biofiltration system to treat low-flow storm water and reduce the flow of off-site pollutants. K Air Quality Kimley-Horn and Associates, Inc. (“Kimley-Horn”), prepared the “Air Quality Assessment for the Related Bristol Specific Plan Project,” dated May 2023, for the City. Kimley-Horn concluded that upon completion, all General Plan air quality policies will be achieved. Please refer to Appendix B for a list of the policies. Figure 8: Bristol Central Park Exhibit 10 City Council 22 – 461 9/17/2024 22 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The Community Benefits attained by implementing the City’s air quality program include: 1. Consistency with the City’s Climate Action Plan, development standards, new infill residential development goals, and transportation demand management goals. 2. Promotion of alternative transportation uses in the City, including pedestrian, bicycling, public transportation, car sharing programs, and other emerging technologies. 3. Support of transportation management goals requiring investment in improvements to the City’s Transportation Management System, including projects or programs that facilitate the flow of traffic and reduce traffic congestion. Traffic congestion may be reduced by encouraging public investment in low- or zero-emission vehicles and requiring continuing investment in low-emission or zero-emission vehicles to replace the City’s gasoline powered vehicle fleet. The Project will also implement sustainable infrastructure strategies, such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. 4. Coordination with Orange County Transportation Authority (“OCTA”) employees and developers to utilize strategies and education to reduce vehicle trips and parking demands. 5. Incorporation of energy conservation design and construction of conservation features for new construction and rehabilitation projects encouraging business and industry to improve performance in energy efficiency, water conservation, and waste reduction programs. 6. Compliance with Transit-Oriented Development (“TOD”) goals for residential mixed-use development within the City’s district centers and urban neighborhoods and adjacent to high-quality transit facilities. 7. Requirement for private investment in active transportation infrastructure located adjacent to activity centers and residential neighborhoods promoting sports, fitness, walking, biking, and healthy lifestyles to reduce VMT, improve the Jobs/Housing Balance, and promote social interaction among residents. 9 Source: “Air Quality Assessment for the Related Bristol Specific Plan Project” dated May 2023 and prepared by Kimley-Horn. Figure 9: Bristol Green 9 Exhibit 10 City Council 22 – 462 9/17/2024 23 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 8. Encouragement of sustainable land use strategies to reduce energy and water consumption, waste and noise generation, soil contamination, air quality impacts, and light pollution. 9. Bus service to the Santa Ana Metrolink and ARTIC train stations and John Wayne Airport. 10. Inclusion of natural processes to capture rainwater runoff by adopting policies to achieve sustainable electric power, including passive climate control systems. 11. Confirmation with policies of Federal, State, and regional agencies to identify and regulate the disposal and storage of hazardous materials, prevent the illegal transportation and disposal of hazardous waste, and facilitate the cleanup of contaminated sites. L Noise and Vibration Kimley-Horn prepared the “Acoustical Assessment for the Related Bristol Specific Plan Project,” dated May 2023, for the City. The report proposed numerous mitigation measures that should provide the following Community Benefits to the City: 1. Construction activity is limited to the hours between 7 AM to 8 PM, Monday through Saturday, as prescribed in the City’s Municipal Code Section 18-314(e), with the exception of concrete pour activities that might occur outside of these hours. Construction is prohibited on Sundays. 2. During the entire active construction period, equipment and trucks used for Project construction shall use the best available noise control techniques. For instance, the use of noise-producing signals, such as horns, whistles, alarms, and bells, shall be for safety and warning purposes only. 3. Preparation of detailed acoustical studies based on architectural plans shall be prepared by a qualified acoustical consultant to demonstrate compliance with the General Plan Noise Element. 4. The Project’s construction activities would be mitigated in order to reduce construction noise levels. Construction noise will be periodic and temporary noise impacts that will cease upon the completion of construction activities. M Greenhouse Gas (“GHG ”) Emissions Kimley-Horn prepared the “GHG Emissions Assessment for the Related Bristol Specific Plan Project” in May 2023. The purpose of a GHG emissions study is to identify if a project creates new air quality impacts that will result from the development of the site and, if so, whether there any mitigation measures available that may be implemented. The South Coast Air Quality Management District (“SCAQMD”) is the agency whose primary responsibility is to maintain a clean air policy by establishing and enforcing the control of GHG emissions. Kimley-Horn’s report studied the Project by applying SCAQMD standards, Exhibit 10 City Council 22 – 463 9/17/2024 24 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com both during construction and during post-construction operations, to review the impact on air quality resulting from development of the Project. The report suggests a list of mitigation steps that should be adopted by the Developer to reduce the air quality impacts. Its conclusion is as follows10: “It is generally the case that an individual project of this size and nature is of insufficient magnitude by itself to influence climate change or result in a substantial contribution to the global GHG inventory. GHG impacts are recognized as exclusively cumulative impacts; there are no non-cumulative GHG emission impacts from a climate change perspective. The additive effect of Project-related GHGs would not result in a reasonably foreseeable cumulatively considerable contribution to global climate change. In addition, the proposed Project, as well as other cumulative related projects, would be subject to all applicable regulatory requirements, which would further reduce GHG emissions. The proposed Project would be consistent with the applicable GHG reduction plans, including City’s CAP, SCAG’s Connect SoCal, and the CARB Scoping Plan. As a result, the Project would not conflict with any applicable GHG reduction plans and the Project’s cumulative contribution of GHG emissions would be less than cumulatively considerable.” N Pedestrian and Bicycle-Oriented Improvements By combining residential and retail components within a 41-acre parcel, the Project will encourage pedestrian activity through the creation of a pedestrian-only green linkage that will connect major public open spaces and other uses throughout the entire Project. Bicycle mobility, including the use of scooters, is currently provided via Class II bike lanes located along South Bristol Street. Proposed South Bristol Street improvements include upgrading the southbound bike lane to a Class I bike lane, which includes a planted buffer separation between vehicular and bicycle travel lanes, in conjunction with commercial, office, and residential spaces implementing like-minded projects. Proposed West MacArthur Boulevard improvements include the construction of Class II bike lane. Community Benefits to be realized from pedestrian-oriented improvements include the following: 1. Reduction in VMT and related air quality impacts; 2. Creation of a safe environment for pedestrians, especially if the Project meets its intended goals of active day and nighttime activity; and 3. Reduction of the requirement for parking spaces to support residential and retail uses. 10 “GHG Emissions Assessment for the Related Bristol Specific Plan Project,” dated May 2023, prepared by Kimley-Horn. Exhibit 10 City Council 22 – 464 9/17/2024 25 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com O Transportation The Project is consistent with the land uses in the Regional Transportation Plan/Sustainable Communities Strategy monitored by the OCTA, which assumed the site would be constructed as an urban mixed-use development that would reduce VMT. Connect SoCal recognizes that development within Priority Growth Areas supports mode shift and shortened trip distances. The Project site is located within an identified Priority Growth Area in which urban development can contribute to reduced VMT and associated emissions. Priority Growth Areas are located close to existing or proposed public transit facilities and are specified for new homes, jobs, and community amenities. They are designed to allow residents to live car-free or car-light. The development of the Project will provide sufficient local-serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities within a centralized commercial core to enable residents and shoppers to reduce reliance on vehicular travel. Currently, there are six existing bus stops present on the Specific Plan area frontage. Roadways adjacent to community spaces, next to commercial corridors, or within heavily residential areas of the planning area will incorporate traffic-calming measures such as striping, paving materials (i.e., cobbles or bricks), bulb outs, and other traffic-calming measures to slow speeding vehicles and prioritize safe pedestrian and bicycle travel. There are bus stops on Sunflower Avenue, South Bristol Street, and MacArthur Boulevard that can connect to the 66 bus lines servicing Orange County. For example, there is a bus route that runs from the Project site to the Santa Ana Metrolink station (and Amtrak) and further to the ARTIC station (Amtrak and Metrolink). There is also a bus route that runs from MacArthur Boulevard to John Wayne Airport. The proposed Bristol Street improvements include upgrading the southbound bike lane to a Class I bike lane, which encompasses a planted buffer separation between vehicular and bicycle travel lanes. Bicycle racks will be provided in conjunction with commercial, office, and residential projects. For improvements on MacArthur Boulevard and Sunflower Avenue along Project site frontage, Class II bike lanes are planned, consistent with the City’s Bikeway Master Plan. Bicycle storage should be located at the front of each building or in common open spaces. Bike lockers are also planned to be located in parking structures. Community Benefits related to the Project’s proposed transportation system include the following: 1. The Specific Plan will reduce VMT per service population in accordance with the Regional Transportation Plan/Sustainable Communities Strategy; 2. Promotion of a walkable community; 3. Encouragement of the increased use of bicycles and scooters; 4. Promotion of current traffic standards that relate to increased public safety; and 5. Installation of a Class I bike lane on Bristol Street. Exhibit 10 City Council 22 – 465 9/17/2024 26 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com P Multimodal Network The Developer will facilitate connections to existing transit lines on the adjacent streets to support local and regional connectivity and help reduce dependency on single-occupancy vehicle travel. Community Benefits of the proposed multimodal network include: 1. Connectivity of existing public transportation to existing and proposed Citywide and Countywide systems. 2. The integration of a multimodal network in this area should reduce traffic trips and VMT; 3. The multimodal network will reduce noise and air pollution; 4. Potential connection to John Wayne Airport; and 5. Connectivity to the Metrolink station in downtown Santa Ana. Appendix C includes a list of proposed infrastructure improvements. Q Parking A series of large subterranean parking structures is anticipated to cover the majority of the district, providing shared parking among the mixed uses of the Specific Plan. Shared parking should reduce the number of required parking spaces since residential users have a greater need for parking in the evening while retail users require parking during the day. In addition, the Project site will feature electric vehicle charging stations throughout the development. Figure 10: Proposed Underground Parking Exhibit 10 City Council 22 – 466 9/17/2024 27 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of the proposed parking facilities include: 1. Underground parking provides for higher density residential and retail programs; 2. The shared parking concept should provide adequate parking 24 hours a day while at the same time reducing the overall parking footprint; 3. The City will obtain financial benefits from parking fees paid by tenants and retail customers; 4. Underground parking will make it convenient for shoppers to easily access shops located directly above the parking spaces and reduce the time necessary to walk from an open parking lot to the developed areas; 5. Parking will lessen resident and visitor dependency on vehicles within the Specific Plan area; and 6. Construction of electric vehicle charging stations will improve air quality by encouraging the use of electric vehicles. R Land Development Infrastructure Improvements The Project conditions of approval are anticipated to require improvements to service the site using the following classifications: 1. Storm drainage and water quality management; 2. Water and water supply; 3. Wastewater treatment; 4. Reclaimed water; 5. Dry utilities; and 6. Solid waste. Although we have discussed some of the benefits described below in other sections, we have included them again here since they are part of the Project conditions of approval. The Community Benefits related to infrastructure include: 1. Improvements to the existing Storm Drain Master Plan system; 2. Improvements to the City’s water and sanitary sewer systems; 3. Construction of reclaimed water improvements; 4. Inclusion of Low-Impact Development Best Management Practices (“LID BMPs”); 5. Construction of an on-site administrative police substation; 6. Various street widenings; 7. Construction Class I and II bike trails; and 8. Intersection improvements at existing streets. Exhibit 10 City Council 22 – 467 9/17/2024 28 SECTION VI ADDITIONAL COMMUNITY BENEFITS TO THE CITY Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com S Maintenance of Improvements The private maintenance association(s) shall be responsible for maintaining private driveways, parking, open space areas, recreation areas, common area signage, landscaping, irrigation, common areas, on-site sewers, on-site storm drains, water quality features (BMPs), and other responsibilities, as necessary. A substantial portion of site improvements that are usually dedicated to a public agency will be retained by a private maintenance association. Therefore, the City will not be responsible for the maintenance of these common area improvements. The Community Benefit arising from the maintenance of public areas through private contributions is that the City will not be required to fund these costs from its General Fund. Exhibit 10 City Council 22 – 468 9/17/2024 29 SECTION VII CONCLUSION Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com VII CONCLUSION The City will achieve substantial Community Benefits from the build-out of the Project, including both financial and quality-of-life improvements for new residents and other members of the Santa Ana community. The fiscal benefits will include new property taxes that may have a tax assessed value exceeding $2.0 billion dollars at build-out. Based upon an FIA prepared by DTA, the City’s General Fund will receive an annual surplus of $3.4 million (2023$) at build-out In addition to new property tax and property tax in lieu of VLFs totaling $6.2 million (2023$), the new TOT is initially projected to be about $1.9 and new direct and indirect sales tax revenues are estimated to total about $2.0 million. During the construction period (up to 10 years), estimated construction activity will generate approximately $2.6 billion of additional spending, most of which will be expended in the City. As a result of these expenditures, a total of 16,834 construction-related jobs will be created during the construction period. In addition, if the Specific Plan is completed as projected, it is anticipated that over $109.0 million in DIFs will be collected from the Project to fund regional infrastructure, with the large majority of these DIFs paid directly to the City. Finally, the Specific Plan proposes to either directly provide on-property operations and maintenance or reimburse the City for all or a portion of this burden. As described in the Project description presented in Section I, the City will also obtain quality-of-life benefits that will improve both the lives of residents residing in the Project’s boundaries and others living and working in the surrounding Santa Ana community. These benefits will include affordable housing, transportation and infrastructure improvements, parks and open space, community services, environmental protection, and improvements benefitting the cultural and community character of the City. Although the affordable housing impacts will not be finalized until a Development Agreement is negotiated between the City and Developer, it is the goal of both parties to work within the City’s established guidelines. The planned addition of 3,750 residential units, 350,000 SF of retail, 200 congregate care units, and a 250-room hotel will require modernization and upgrades for existing infrastructure, in addition to providing new facilities, such as parks and recreation facilities. The Project will also incorporate environmental design features, some required by current City standards and others offered by the Developer that are planned to reduce utility use and provide energy savings. These include solar generation and storage, landscaping, and energy-efficient building design. Other Community Benefits include the adoption of air quality measures, such as the reduction of GHGs, to improve health benefits for tenants and visitors to the area. The Project will also focus on transportation improvements to improve the walkability of the Project site and encourage multimodal coordination of roadways and the nearby air and rail connections. In all, the Project will provide significant Community Benefits to the greater Santa Ana community. Exhibit 10 City Council 22 – 469 9/17/2024 APPENDIX A EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report SPECIFIC PLAN PERMITTED USES Exhibit 10 City Council 22 – 470 9/17/2024 A-1 APPENDIX A SPECIFIC PLAN PERMITTED USES Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The following are uses that are permitted in the Specific Plan: Table A -1: Specific Plan Permitted Uses Permitted Use Type Notes Residential Uses Multifamily Apartments, Condominiums, Townhouses, Lofts, Tower(s), and Podium(s) Includes associated leasing offices and recreational/fitness facilities, as well as clubhouses and recreation buildings. Wood-burning fireplaces are not permitted in residential uses. Fire pits may be permitted in common areas. Rooftop amenities are permitted. Home Occupations Live-Work Units Senior Housing Care Uses Adult Daycare Congregate Care Convalescent Facility Continuum of Care Daycare/Childcare Commercial Uses Drive-Through Lanes Not Associated With Restaurants, Cafes, and Eating Establishments Commercial/Retail Including indoor and outdoor sales, department stores, and stores offering commercial services, such as appliance stores, bakeries, bookstores, food/grocery stores (retail market), pet stores, etc. Commercial Recreation Hospitality Including executive suites, guest suites, and long-term/extended stay, with commercial, day spa, and food/alcohol services incidental to the hotel use. Rooftop amenities, including dining, are permitted. Office Uses: Professional, Administrative, and Business Offices Providing Personal and Professional Services Including office use by architects/engineers, and similar uses. Medical Office Including surgical centers, urgent care, dentists, and optometrists. Service Uses Alcohol Sales for On-Site or Off-Site Consumption Associated With Food Service/Restaurant Off-Site or at a Bar Exhibit 10 City Council 22 – 471 9/17/2024 A-2 APPENDIX A SPECIFIC PLAN PERMITTED USES Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Permitted Use Type Notes Service-Oriented Office Uses, Including Insurance, Real Estate, Travel, Finance (Including ATMs), Creative Office Co-Working (WeWork, Common Desk, etc.), and Similar Uses Eating and Drinking Establishments Restaurants, cafes, and take-out permitted. Outdoor seating and dining associated with a restaurant or cafe is permitted. Fast Food/Quick Serve No extended hours or drive-through. Extended Hours for Food Uses Conditional Use Permit required. Gymnasiums and Fitness Clubs Massage Establishments (Day Spa) Massage Establishment Permit required. May be accessory to a hotel use. Adult businesses are not permitted. Personal Services Including dry cleaners, salons, small appliance repair, locksmiths, nail salons/beauty shops, tailors, and travel agencies. Postal Services Printing/Reprographics Transportation and Infrastructure Major Wireless Communication Facilities Utilities Public or private. Water Quality Features Other Parking Structures Above or Below-Ground Pushcarts Outdoor Retail Kiosks/Carts Food Vending vehicles/Food Trucks Museums and Science Centers Performing or Cultural Arts Club/Live entertainment Venues (Music Venue, Comedy Club, Nightclub, etc.) Community Assembly uses Public Utilities Including electric distribution substations, library, government offices, police substations, etc. Municipal uses Schools, Public and Private Preschool only. Theaters and Cinemas Including ancillary food and alcohol sales. Temporary Outdoor Activities and Structures Exhibit 10 City Council 22 – 472 9/17/2024 APPENDIX B EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report SCAQMD POLICIES: CITY GENERAL PLAN Exhibit 10 City Council 22 – 473 9/17/2024 B-1 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com The City of Santa Ana General Plan is based on a vision statement and five core values established as part of an extensive community outreach effort. The following are relevant policies of the Santa Ana General Plan Update: A Mobility Element Policy 1.7 Proactive Mitigation. Proactively mitigate potential air quality, noise, congestion, safety, and other impacts from the transportation network on residents and business. Policy 1.8 Environmental Sustainability. Consider air and water quality, noise reduction, neighborhood character, and street-level aesthetics when making improvements to travelways. Policy 3.3 Safe Routes to Schools and Parks. Lead the development and implementation of safer routes to schools and parks by partnering with the school district, residents, property owners, and community stakeholders. Policy 3.4 Regional Coordination. Coordinate development of the City’s active transportation and transit network with adjacent jurisdictions, OCTA, and other appropriate agencies. Policy 3.5 Education and Encouragement. Encourage active transportation choices through education, special events, and programs. Policy 3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. Policy 4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high-intensity development. Policy 4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. Policy 4.3 Transportation Management. Coordinate with OCTA, employers, and developers to utilize TDM (transportation demand management) strategies and education to reduce vehicle trips and parking demands. Policy 4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape. Policy 4.6 Roadway Capacity Alternatives. Promote reductions in automobile trips and vehicle miles traveled by encouraging transit use and nonmotorized transportation as alternatives to augmenting roadway capacity. Policy 4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. Exhibit 10 City Council 22 – 474 9/17/2024 B-2 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 4.9 Air Pollution Mitigation. Consider land use, building, site planning, and technology solutions to mitigate exposure to transportation related air pollution. Policy 5.4 Green Streets. Leverage opportunities along streets and public rights-of-way to improve water quality through use of landscaping, permeable pavement, and other best management practices. Policy 5.6 Clean Fuels and Vehicles. Encourage the use of alternative fuel vehicles and mobility technologies through the installation of supporting infrastructure. B Community Element Policy 3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. Policy 3.4 Safe Mobility. Promote the overall safety of multi-modal streets by developing local and regional programs that educate and inform motorists of non-motorized roadway users. Policy 3.7 Active Lifestyles. Support programs that promote sports, fitness, walking, biking and active lifestyles. C Conservation Element Policy 1.1 Regional Planning Efforts. Coordinate air quality planning efforts with local and regional agencies to meet State and Federal ambient air quality standards in order to protect all residents from the health effects of air pollution. Policy 1.3 Education. Promote efforts to educate businesses and the general public about air quality standards, reducing the urban heat island effect, health effects from poor air quality and extreme heat, and best practices they can make to improve air quality and reduce greenhouse gas emissions. Policy 1.4 Development Standards. Support new development that meets or exceeds standards for energy-efficient building design and site planning. Policy 1.5 Sensitive Receptor Decisions. Consider potential impacts of stationary and non-stationary emission sources on existing and proposed sensitive uses and opportunities to minimize health and safety risks. Develop and adopt new regulations on the siting of facilities that might significantly increase pollution near sensitive receptors within environmental justice area boundaries. Policy 1.6 New and Infill Residential Development. Promote development that is mixed-use, pedestrian-friendly, transit-oriented, and clustered around activity centers. Policy 1.7 Housing and Employment Opportunities. Improve the City’s Jobs/Housing Balance ratio by supporting development that provides housing and employment opportunities to enable people to live and work in Santa Ana. Exhibit 10 City Council 22 – 475 9/17/2024 B-3 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 1.8 Promote Alternative Transportation. Promote use of alternate modes of transportation in the City of Santa Ana, including pedestrian, bicycling, public transportation, car sharing programs and emerging technologies. Policy 1.9 Public Investment Alternative Transportation Infrastructure. Continue to invest in infrastructure projects that support public transportation and alternate modes of transportation in the City of Santa Ana, including pedestrian, bicycling, public transportation, car sharing programs, and emerging technologies. Policy 1.10 Transportation Management. Continue to support and invest in improvements to the City’s Transportation Management System, including projects or programs that improve traffic flow and reduce traffic congestion. Policy 1.11 Public Investment in Low- or Zero Emission Vehicles. Continue to invest in low-emission or zero-emission vehicles to replace the City’s gasoline powered vehicle fleet and to transition to available clean fuel sources such as bio-diesel for trucks and heavy equipment. Policy 1.12 Sustainable Infrastructure. Encourage the use of low or zero emission vehicles, bicycles, non-motorized vehicles, and car-sharing programs by supporting new and existing development that includes sustainable infrastructure and strategies such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. Policy 1.13 City Contract Practices. Support businesses and contractors that use reduced-emissions equipment for city construction projects and contracts for services, as well as businesses that practice sustainable operations. Policy 1.14 Transportation Demand Management. Require and incentivize projects to incorporate Transportation Demand Management (TDM) techniques. Policy 2.3 Resource Management. Efficiently manage soil and mineral resource operations to eliminate significant nuisances, hazards, or adverse environmental effects on neighboring land uses. Policy 3.3 Development Patterns. Promote energy efficient-development patterns by clustering mixed-use developments and compatible uses adjacent to public transportation. Policy 3.11 Energy-Efficient Transportation Infrastructure. Continue to support public and private infrastructure for public transportation such as bus routes, rail lines, and the OC Streetcar. D Land Use Element Policy 1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. Policy 1.6 Transit-Oriented Development. Encourage residential mixed-use development, within the City’s District Centers and Urban Neighborhoods, and adjacent to Exhibit 10 City Council 22 – 476 9/17/2024 B-4 APPENDIX B SCAQMD POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com high-quality transit. Policy 1.7 Active Transportation Infrastructure. Invest in active transportation connectivity between activity centers and residential neighborhoods to encourage healthy lifestyles. Policy 2.5 Benefits of Mixed Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles travelled, improve Jobs/Housing Balance, and promote social interaction. Policy 2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. Policy 3.8 Sensitive Receptors. Avoid the development of industry and sensitive receptors in close proximity to each other that could pose a hazard to human health and safety, due to the quantity, concentration, or physical or chemical characteristics of the hazardous materials utilized, or the hazardous waste an operation may generate or emit. Policy 3.9 Noxious, Hazardous, Dangerous, and Polluting Uses. Improve the health of residents, students, and workers by limiting the impacts of construction activities and operation of noxious, hazardous, dangerous, and polluting uses that are in close proximity to sensitive receptors, with priority given to discontinuing such uses within environmental justice areas boundaries. Policy 3.11 Air Pollution Buffers. Promote landscaping and other buffers to separate existing sensitive uses from rail lines, heavy industrial facilities, and other emissions sources. As feasible, apply more substantial buffers within environmental justice area boundaries. Policy 3.12 Indoor Air Quality. Require new sensitive land uses proposed in areas with high levels of localized air pollution to achieve good indoor air quality through landscaping, ventilation systems, or other measures. Policy 4.1 Complementary Uses. Promote complete neighborhoods by encouraging a mix of complementary uses, community services, and people places within a walkable area. Policy 4.3 Sustainable Land Use Strategies. Encourage land uses and strategies that reduce energy and water consumption, waste and noise generation, soil contamination, air quality impacts, and light pollution. Policy 4.5 VMT Reduction. Concentrate development along high-quality transit corridors to reduce vehicle miles traveled (VMT) and transportation related carbon emissions. E Safety Element Policy 2.1 Regional Collaboration. Consult and collaborate with federal, state, and regional agencies to identify and regulate the disposal and storage of hazardous materials, prevent the illegal transportation and disposal of hazardous waste, and facilitate the cleanup of contaminated sites. Exhibit 10 City Council 22 – 477 9/17/2024 B-5 APPENDIX B SCAQM D POLICIES: CITY GENERAL PLAN Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Policy 2.2 Hazardous Waste Generators. Collaborate with appropriate agencies to identify and inventory all users and handlers of hazardous materials to proactively mitigate potential impacts. Policy 2.3 Transportation and Storage. Coordinate with the County of Orange, the California Department of Transportation, and other relevant parties to enforce state and local laws regulating the storage and transport of hazardous materials within the City of Santa Ana, and limit truck routes through the City to arterials streets away from natural habitats and sensitive land uses. Policy 2.4 Planning and Remediation. Determine the presence of hazardous materials and/or waste contamination prior to approval of new uses and require that appropriate measures be taken to protect the health and safety of site users and the community. Policy 2.6 Existing Sensitive Uses. Partner and collaborate with property owners, businesses, and community groups to develop strategies to protect and minimize risks from existing hazardous material sites to existing nearby sensitive uses with priority given to discontinuing such uses within environmental justice area boundaries. Urban Design Element Policy 1.6 Active Transportation Infrastructure. Support the creation of citywide public streets and site amenities that accommodate and promote an active transportation-friendly environment. Policy 3.10 Coordinated Street Improvement Plans. Coordinate citywide landscape medians and street trees with land use plans and development projects. Policy 5.4 Intersections for all Travel Modes. Strengthen active transportation connections and amenities at focal intersections to promote a pleasant and safe experience for non-motorized forms of travel. F Open Space Element Policy 2.5 Air Quality and Heat. Coordinate park renovation and development to address air quality and climate impacts by reducing heat island effect by providing green infrastructure and shade, and reducing air pollution by providing vegetation that removes pollutants and air particles. Policy 3.5 Landscaping. Encourage the planting of native and diverse tree species in public and private spaces to reduce heat island effect, reduce energy consumption, and contribute to carbon mitigation. Policy 3.6 Sustainable Parks and Facilities. Integrate drought tolerant or native plantings, water-wise irrigation, design and maintenance efficiencies, and sustainable development practices to reduce water use and energy consumption. Policy 3.7 Urban Forest. Maintain, preserve, and enhance the City’s urban forest as an environmental, economic, and aesthetic resource to improve residents’ quality of life. Exhibit 10 City Council 22 – 478 9/17/2024 APPENDIX C EPD Solutions, Inc. Related Bristol at 3600 South Bristol Street Community Benefits Analysis Report PROPOSED INFRASTRUCTURE IMPROVEMENTS Exhibit 10 City Council 22 – 479 9/17/2024 C-1 APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com Community Benefits of land development infrastructure improvements include the following: 1. The Storm Drain Master Plan recommends upgrades to the City’s storm drain system at Sunflower Avenue (54-inch and 60-inch to a 72-inch) and S. Plaza Drive (36-inch and 42-inch to 42-, 54-, and 60-inch). 2. LID BMPs will be implemented through site design measures and source controls to reduce pollutants in storm water discharges. LID BMPs are engineered facilities that are designed to retain or biotreat runoff on the Project site. 3. Modular wetlands are included as a method of biotreatment. Modular wetlands are proprietary biotreatment systems that utilize multi-stage treatment processes including screening media filtration, settling, and biofiltration. 4. The existing 12-inch waterline in Callen’s Common will be replaced and new connections will be provided for the proposed on-site water facilities. The existing connections of the waterline in Callen’s Common at South Plaza Drive and South Bristol Street will be replaced with new connections to the existing mains. 5. As part of Project implementation, an administrative police substation (no transfers or bookings) will be located within the Specific Plan area. 6. Projects to be developed within the Specific Plan area will pay statutory school fees at the time of building permits unless otherwise provided for as part of an agreement with the Santa Ana School District. Based upon preliminary unit sizes and assuming school fees do not escalate, the residential school impact fee is estimated to be about $15,000,000 and the commercial school fee is estimated to be $273,000. Anticipated improvements for the South Bristol Street public right of way include the following: 1. Widened parkway, tree-lined streets, and planted setback areas; 2. New curb cuts for ingress/egress to/from Bristol Street; 3. Potential right-of-way dedication for deceleration lanes; 4. Potential median modifications; 5. Potential signalization of the driveway between Callen’s Common and Sunflower Avenue; and 6. Construction of bikeway improvements per the City’s design. Planned improvements for West MacArthur Boulevard include the following: 1. Addition of an intersection for a new north/south local neighborhood street (Bristol Paseo); 2. Curb cut at the intersection of the residential shared street; Exhibit 10 City Council 22 – 480 9/17/2024 C-2 APPENDIX C PROPOSED INFRASTRUCTURE IMPROVEMENTS Related Bristol at 3600 South Bristol Street September 27, 2023 Community Benefits Analysis Report www.FinanceDTA.com 3. Potential right-of-way dedication for deceleration lanes; 4. Installation of Class II bike lanes per the City’s Mobility Element; and 5. Planted setback areas and tree-lined streets. Planned improvements for South Plaza Drive on the Specific Plan frontage include the following: 1. New curb cuts for ingress/egress; and 2. Planted setback areas and tree-lined streets. Planned improvements for Sunflower Avenue include the following: 1. Potential median modification and/or signalization of the proposed Bristol Paseo driveway, subject to improvements/realignment of South Coast Plaza driveway; 2. Potential right-of-way dedication for deceleration lanes; 3. Construction of westbound right-turn lane at the proposed Bristol Paseo and proposed valet drop-off driveway, as well as at the proposed neighborhood street; 4. Installation of Class II bike lanes per the City’s Mobility Element. Planned improvements for Callen’s Common include the following: 1. Expanded parkway improvements with tree-lined streets and improved sidewalk conditions; 2. Greenlink pedestrian crossing; 3. Reduction of travel lanes to a two-lane street between South Plaza Drive and Bristol Paseo to allow for on-street parking; 4. Drop-off and loading areas; 5. Addition of a 6’ to 8’ foot wide sidewalk on both sides of the roadway; and 6. Potential signalization of Callen’s Common and South Plaza Drive. The table below indicates payments related to Bristol Street improvements that will be reimbursed to the City for following intersections listed below. Table C-1: Related Bristol Fair Share Payments Intersection Fair Share % Fairview Street at Segerstrom Ave. 4.18% Bristol street at Segerstrom Ave. 11.81% Main Street at MacArthur Blvd. 19.96% Bear Street at SR73 Northbound Ramps 3.79% Exhibit 10 City Council 22 – 481 9/17/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 22 – 482 9/17/2024 Exhibit 10 City Council 22 – 483 9/17/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. LAND RESIDUAL VALUE STUDY REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds Exhibit 10 City Council 22 – 484 9/17/2024 TABLE OF CONTENTS SECTION PAGE I PROJECT INFORMATION ....................................... 1 II LRV OF THE PROJECT ........................................... 8 III PROJECT ASSUMPTIONS .................................... 14 IV LAND IMPROVEMENT INDIRECT COSTS ......... 17 V LAND IMPROVEMENT DIRECT COSTS ............. 23 VI VERTICAL COSTS .................................................. 30 VII INDIR ECT COSTS .................................................. 31 VIII MARKETING COSTS .............................................. 32 IX FINANCE COSTS .................................................... 33 X CONCLUSION ........................................................ 34 Exhibit 10 City Council 22 – 485 9/17/2024 1 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com I PROJECT INFORMATION DTA was engaged to conduct a Land Residual Value (“LRV”) Study (the “Study”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client”). The purpose of this LRV analysis is to determine whether the Project to be developed by RCR Bristol, LLC (the “Developer”) is financially feasible. This Land Residual Study Report (“Report”) was prepared to provide the City with a summary of applicable financial assumptions that were utilized by DTA to support the Related Bristol Specific Plan’s (“Specific Plan’s”) LRV. DTA was not provided with cost information to prepare this LRV. Instead, we have integrated information contained in DTA’s Draft Market Study Report dated July 3, 2023. The basis of our costs for the LRV were the Specific Plan and the incorporation of costs developed from a database of information for similar projects provided by the firm Land Optimization Strategies and its President, Barry Gross. Based upon the assumptions presented in this Report, DTA concluded that the Net Asset Value (“NAV”) of the Project exceeds its costs by $597,895,000. Table 1: NAV Summary Description Value Total NAV $2,377,266,000 Total Costs ($1,779,371,000) Excess of NAV Over Costs $597,895,000 DTA’s land residual model includes a substantial number of assumptions to support our findings. The focus of this Report is to discuss the general assumptions that support the LRV for the complete build-out of the Project. The Project site includes Income-Producing Properties (“IPP”) expected to comprise 3,750 dwelling units, 350,000 square feet (“SF”) of retail space, a 250-room hotel, and a 200-bed congregate care facility, as well as roadways, parks, and open space. The Project at build-out is anticipated to provide 3,896 parking spaces, the majority of which will be underground. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway) and west of State Route 55 (the Orange Freeway). The adjacent streets are Sunflower Avenue to the south, South Bristol Street to the east, South Plaza Drive to the west, and West Sunflower to the south, which is the boundary between the Cities of Santa Ana and Costa Mesa. The intersection of South Bristol Street and West Sunflower Avenue will include the construction of a monument establishing an entrance to Santa Ana, including architecture and landscape elements that will establish a notable entry into the City. The current use of the 41.0-acre site includes 465,000 SF of retail space, some of which is vacant, underutilized, or obsolete. The City had a vision for the redevelopment of this property and updated its General Plan to accommodate a different type of development Exhibit 10 City Council 22 – 486 9/17/2024 2 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com targeting the look and feel of an urban village. One of the primary goals of an urban village setting is that residents can walk within the community to both local-serving retail and recreational amenities. The Developer responded to the City's desires by targeting a Project design that would both achieve the desired urban feeling while offering an economically successful project. The plan is to develop a dense urban village with ground-floor retail in all the residential buildings. The Specific Plan is designed to harmonize with the high-rise office buildings in the Arts District to the east. Another benefit of the program is that at build-out, there could be as many as 6,750 residents living in the village who would shop at the proposed 350,000 SF of retail. Figure 1: Artist’s 3-D Rendering of Project We based our product mix on the approved Specific Plan. Based upon an artist’s rendering of the site (as shown in Figure 1), we estimated the height of the buildings. It was assumed that all multifamily buildings would include ground-floor retail. A 250-room upscale hotel, with approximately 20 stories, is anticipated to be developed in the southwest corner of the Project site. The Specific Plan also proposes a 20-story, 200-unit congregate care facility to be built-out in Phase 1. As stated in the Specific Plan, DTA based our model on the understanding that the Project shall be completed in three phases, as shown in Table 2. Table 2: Project Schedule Activity Start/End Phase 1 Phase 2 Phase 3 Approved TTMs Start June 2022 June 2022 June 2022 End December 2025 December 2025 December 2025 Horizontal Construction Start December 2025 June 2029 March 2032 End June 2029 December 2031 June 2034 Vertical Construction Start June 2026 December 2029 September 2032 End March 2030 December 2032 May 2035 Sales Start March 2027 September 2030 June 2033 End March 2030 December 2032 May 2035 Exhibit 10 City Council 22 – 487 9/17/2024 3 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com The timing and cash flow related to the Specific Plan’s financial analysis starts as of June 2023. DTA assumed that the processing of Tentative Tract Maps or parcel maps (collectively referred to as “TTMs” in this Report) would commence after the completion of a Development Agreement (“DA”) between the City and Developer. It is expected that a DA will be negotiated between the City and Developer. However, at the time of the NAV preparation, the DA was not completed. As a result, we did not anticipate specific terms and instead predicted general assumptions contained in similar DAs. An important assumption we made was that the DA would not address any credits for Development Impact Fees (“DIFs”). In our analysis, we assumed that the Developer would not be providing low-income housing units but would instead incur the Santa Ana Housing In-Lieu Fee of $15.00 per SF, totaling approximately $50,625,000 upon the build-out of the Project. The LRV assumes the Developer will pay all costs to be incurred from today through lease-up, allowing DTA to determine each block’s NAV. This includes the Developer completing the TTMs, preparation of approved engineering plans, payment of all DIFs, construction of all site development improvements, and construction of all the buildings. At the time the buildings achieve full occupancy, we assume they will be valued at their respective NAV(s). Often, in a project of this size, a developer may sell separate parcels to third-party developers and builders. Although this will reduce the overall profit to the developer, often an early sale to a third party will return invested capital and increase other financial metrics, such as an increased Internal Rate of Return (“IRR”) and Net Present Value (“NPV”) of the development program. It also allows a developer to spread financial risk. We have been informed that the property will be encumbered by a 99-year ground lease. Since most home buyers are not interested in purchasing a home on leased land, the residential development will be targeted to rental tenants. Exhibit 10 City Council 22 – 488 9/17/2024 4 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” The model assumes multifamily rental units will be delivered to the market beginning in March 2027 and ending in May 2035. There have been few apartment projects opened in the 2-Mile Zone in recent years, and rental vacancies in an area within the 2-Mile Zone are below 2.0%. We concluded that the rental units will be absorbed as they are delivered to the marketplace. It is also important to note that the 2-Mile Zone's market area cap rate for completed multifamily project sales is about 4.0%, as provided by CoStar, a data information company that provided the market information DTA evaluated for the NAV study. Please note that forecasted multifamily cap rates are not projected to increase above 4.0% in the foreseeable future. That said, while cap rates for multifamily projects in California and across the United States have been increasing as a result of generally higher 10-year Federal government or agency bond (“Government Bond”) interest rates, the impact has not been experienced in the City’s 2-Mile Zone. The model assumptions do not include price appreciation or cost inflation to comply with existing underwriting standards. Figure 2: Multifamily Market Cap Rate Exhibit 10 City Council 22 – 489 9/17/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 3: Summary of LRV by Phase Description Quantity Phase 1 Phase 1 - % Phase 2 Phase 2 - % Phase 3 Phase 3 - % Total Total Revenues Apartment 3,750 DU $1,183,134,000 77.23% $396,868,000 86.87% $287,318,000 73.97% $1,867,320,000 78.55% Commercial 350,000 SF $99,921,000 6.52% $46,680,000 10.22% $72,236,000 18.60% $218,837,000 9.21% 250 Rooms $94,619,000 6.18% $0 0.00% $0 0.00% $94,619,000 3.98% Congregate 200 Rooms $106,470,000 6.95% $0 0.00% $0 0.00% $106,470,000 4.48% Parking Structures 3,896 Spaces $47,860,000 3.12% $13,280,000 2.91% $28,880,000 7.43% $90,020,000 3.79% Total Revenues $1,532,004,000 100.00% $456,828,000 100.00% $388,434,000 100.00% $2,377,266,000 100.00% Costs Apartment $897,332,000 75.84% $307,937,000 77.59% $231,494,000 80.57% $1,436,763,000 76.94% Commercial $38,378,000 38.41% $19,885,000 42.60% $32,433,000 44.90% $90,696,000 41.44% $71,326,000 75.38% $0 0.00% $0 0.00% $71,326,000 75.38% Congregate $69,462,000 65.24% $0 0.00% $0 0.00% $69,462,000 65.24% Parking Structures $52,404,000 109.49% $18,084,000 136.17% $40,636,000 140.71% $111,124,000 123.44% Total Costs $1,128,902,000 73.69% $345,906,000 75.72% $304,563,000 78.41% $1,779,371,001 74.85% NAV Apartment $285,802,000 24.16% $88,931,000 22.41% $55,824,000 19.43% $430,557,000 23.06% Commercial $61,543,000 61.59% $26,795,000 57.40% $39,803,000 55.10% $128,141,001 58.56% $23,293,000 24.62% $0 0.00% $0 0.00% $23,293,000 24.62% Congregate $37,008,000 34.76% $0 0.00% $0 0.00% $37,008,000 34.76% Parking Structures ($4,544,000) (9.49%) ($4,804,000) (36.17%) ($11,756,000) (40.71%) ($21,104,000) (23.44%) Excess of NAV Over Costs $403,102,000 26.31% $110,922,000 24.28% $83,871,000 21.59% $597,895,002 25.15% Exhibit 10 City Council 22 – 490 9/17/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 4: Summary of LRV by Product Type Description Apartment Apartment - % of Revenues Commercial Commercial - % of Revenues Hotel Hotel - % of Revenues Congregate Care Congregate Care - % of Revenues Community Center Backbone Total $1,942,820,000 100.00% $218,837,077 100.00% $109,138,529 100.00% $106,470,000 100.00% $0 $0 $2,377,265,606 evelopment Soft Costs ($19,995,221) (1.03%) ($1,957,771) (0.89%) ($938,066) (0.86%) ($124,933) (0.12%) ($2,986,887) ($541,208) ($26,544,086) ($116,245,415) (5.98%) ($8,997,782) (4.11%) ($10,150) (0.01%) ($5,346) (0.01%) ($93,676) $0 ($125,352,369) Land Development Hard Costs ($161,556,570) (8.32%) ($960,804) (0.44%) ($5,544,304) (5.08%) ($728,755) (0.68%) ($19,271,438) ($7,719,318) ($195,781,188) Backbone Allocation by Sale % ($18,689,409) (0.96%) ($2,637,996) (1.21%) ($981,940) (0.90%) ($957,931) (0.90%) $15,006,749 $8,260,526 $0 Lot Improvement Cost ($316,486,614) (16.29%) ($14,554,352) (6.65%) ($7,474,460) (6.85%) ($1,816,965) (1.71%) ($7,345,252) $0 ($347,677,643) al Construction Costs ($1,073,756,400) (55.27%) ($59,237,437) (27.07%) ($56,560,000) (51.82%) ($59,388,000) (55.78%) $0 $0 ($1,248,941,837) ($96,091,348) (4.95%) ($11,473,692) (5.24%) ($4,943,883) (4.53%) ($5,614,827) (5.27%) $0 $0 ($118,123,749) Marketing and Sales ($9,736,069) (0.50%) ($218,837) (0.10%) ($94,619) (0.09%) ($106,470) (0.10%) $0 $0 ($10,155,994) ($44,470,531) (2.29%) ($5,211,641) (2.38%) ($2,253,356) (2.06%) ($2,535,600) (2.38%) $0 $0 ($54,471,128) Total Costs ($1,540,540,962) (79.29%) ($90,695,959) (41.44%) ($71,326,317) (65.35%) ($69,461,862) (65.24%) ($7,345,252) $0 ($1,779,370,352) Land Residual Value $402,279,038 20.71% $128,141,118 58.56% $37,812,212 34.65% $37,008,138 34.76% ($7,345,252) $0 $597,895,254 Exhibit 10 City Council 22 – 491 9/17/2024 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 5: Project’s Annual Cash Flow Total % Total Dec-23 Dec-24 Dec-25 Dec-26 Dec-27 Dec-28 Dec-29 Dec-30 Dec-31 Dec-32 Dec-33 Dec-34 Total Builder Sales Plus Inflation $2,287,246 100.00% $0 $0 $0 $0 $12,132 $396,885 $623,097 $298,004 $154,026 $118,665 $324,883 $2,020 Total Other Revenues $90,020 3.94% $0 $0 $0 $0 $0 $22,260 $13,600 $7,820 $4,180 $3,420 $9,860 $0 Total Revenues $2,377,266 103.94% $0 $0 $0 $0 $12,132 $419,145 $636,697 $305,824 $158,206 $122,085 $334,743 $2,020 Land Improvement Soft Costs ($151,896) (6.64%) ($692) ($2,843) ($2,917) ($2,917) ($22,227) ($12,265) ($32,284) ($22,626) ($932) ($20,825) ($8,408) ($4,524) Land Improvement Direct Costs ($195,781) (8.56%) $0 $0 $0 $0 ($42,243) ($33,476) ($15,122) ($13,467) ($10,354) ($8,866) ($21,605) ($29,443) Vertical Construction Costs ($1,248,942) (54.60%) $0 $0 $0 $0 ($148,515) ($179,814) ($281,871) ($180,328) ($29,478) ($136,930) ($105,218) ($34,969) ($118,124) (5.16%) ($2,019) ($4,001) ($4,085) ($4,176) ($8,545) ($15,334) ($16,165) ($13,400) ($10,473) ($10,384) ($11,259) ($7,665) ($10,156) (0.44%) $0 $0 $0 $0 ($673) ($1,577) ($2,690) ($1,722) ($511) ($959) ($1,286) ($263) ($54,471) (2.38%) ($10,593) ($1,052) ($1,566) ($2,120) ($4,849) ($10,228) ($5,915) ($2,173) ($698) ($3,884) ($3,435) ($1,488) Total Costs ($1,779,370) (77.80%) ($13,304) ($7,896) ($8,568) ($9,213) ($227,052) ($252,693) ($354,046) ($233,716) ($52,447) ($181,849) ($151,211) ($78,352) Total Cash Flow $597,896 21.01% ($13,304) ($7,896) ($8,568) ($9,213) ($214,920) $166,451 $282,651 $72,109 $105,760 ($59,764) $183,531 ($76,333) Cumulative Cash Flow Peak Capital ($257,544) ($13,304) ($21,200) ($29,768) ($38,982) ($253,901) ($87,450) $195,200 $267,309 $373,069 $313,305 $496,836 $420,503 Exhibit 10 City Council 22 – 492 9/17/2024 8 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com II LRV OF THE PROJECT DTA prepared a market study, dated July 3, 3023, for the residential, retail, hotel, and congregate care products included in the Project. The Project’s NAV is summarized below. Table 6 : NAV of the Project Description Quantity Phase 1 Phase 2 Phase 3 Total Apartment 3,750 DU $1,183,134,000 $396,868,000 $287,318,000 $1,867,320,000 Commercial 350,000 SF $99,921,000 $46,680,000 $72,236,000 $218,837,000 Hotel 250 Rooms $94,619,000 $0 $0 $94,619,000 Congregate 200 Rooms $106,470,000 $0 $0 $106,470,000 Parking Structures $47,860,000 $13,280,000 $28,880,000 $90,020,000 Total Revenues $1,532,004,000 $456,828,000 $388,434,000 $2,377,266,000 Below is a summary of the NAV for residential uses. Exhibit 10 City Council 22 – 493 9/17/2024 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 7: NAV for Residential Uses Description Units Market Rent per SF Rent Premiums Unit SF Market Rent per Unit Vacancy per Unit Net Operating Expenses per Unit Capital Reserve per Unit Net Operating Income per Unit Market Cap Rate Market Price per Unit 4.00% 5.00% 35.00% 3.00% Block 1 Residential 108 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 2 Residential 105 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 3 Residential 202 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 6 Residential 170 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 7 Residential 373 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 8 Residential 88 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 9 Residential 106 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 10 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 11 Residential 552 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 12 Residential 289 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 14 Residential 680 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 15 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 18 Residential 335 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Block 19 Residential 298 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 Totals 3,750 DU $3.50 $0.14 3,375,000 SF $12,285,000 ($614,250) ($4,299,750) ($368,550) $7,002,450 4.50% $498,000 $1,867,500,000 Exhibit 10 City Council 22 – 494 9/17/2024 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 8: NAV for Retail Products Block SF Monthly Rent Scheduled Rent Vacancy Net Operating Expenses Capital Reserve Vacancy Oper. Exp. and Cap Reserve Net Operating Income Market Cap Rate Block 11 - Ground-Floor Retail 31,004 SF $3.00 SF/Mth $1,116,144 5.00% 10.00% 3.00% ($200,906) $915,238 4.75% $19,268,000 Block 12 - Ground-Floor Retail 16,216 SF $3.00 SF/Mth $583,776 5.00% 10.00% 3.00% ($105,080) $478,696 4.75% $10,078,000 Retail - Grocery Anchored 38,269 SF $3.00 SF/Mth $1,377,684 5.00% 10.00% 3.00% ($247,983) $1,129,701 4.50% $25,104,000 Block 15 - Ground-Floor Retail 12,454 SF $3.00 SF/Mth $448,344 5.00% 10.00% 3.00% ($80,702) $367,642 4.75% $7,740,000 Block 18 - Ground-Floor Retail 18,810 SF $3.00 SF/Mth $677,160 5.00% 10.00% 3.00% ($121,889) $555,271 4.75% $11,690,000 Block 19 - Ground-Floor Retail 16,735 SF $3.00 SF/Mth $602,460 5.00% 10.00% 3.00% ($108,443) $494,017 4.75% $10,400,000 - Neighborhood Retail 25,167 SF $3.00 SF/Mth $906,012 5.00% 10.00% 3.00% ($163,082) $742,930 4.75% $15,641,000 - Ground-Floor Retail 19,070 SF $3.00 SF/Mth $686,520 5.00% 10.00% 3.00% ($123,574) $562,946 4.75% $11,852,000 - Ground-Floor Retail 35,156 SF $3.00 SF/Mth $1,265,616 5.00% 10.00% 3.00% ($227,811) $1,037,805 4.75% $21,849,000 Block 10 - Ground-Floor Retail 20,886 SF $3.00 SF/Mth $751,896 5.00% 10.00% 3.00% ($135,341) $616,555 4.75% $12,980,000 - Ground-Floor Retail 21,794 SF $3.00 SF/Mth $784,584 5.00% 10.00% 3.00% ($141,225) $643,359 4.75% $13,544,000 - Ground-Floor Retail 21,015 SF $3.00 SF/Mth $756,540 5.00% 10.00% 3.00% ($136,177) $620,363 4.75% $13,060,000 - Ground-Floor Retail 34,247 SF $3.00 SF/Mth $1,232,892 5.00% 10.00% 3.00% ($221,921) $1,010,971 4.75% $21,284,000 - Ground-Floor Retail 17,772 SF $3.00 SF/Mth $639,792 5.00% 10.00% 3.00% ($115,163) $524,629 4.75% $11,045,000 - Ground-Floor Retail 21,405 SF $3.00 SF/Mth $770,580 5.00% 10.00% 3.00% ($138,704) $631,876 4.75% $13,303,000 Total 350,000 SF $12,600,000 ($2,268,000) $10,332,000 4.72% $218,838,000 Exhibit 10 City Council 22 – 495 9/17/2024 11 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Based upon DTA’s review of CoStar data, we assumed a market cap rate for retail property of 4.75%. Although cap rates for retail products have risen recently, we concluded that the Project will benefit from the projected 6,750 new tenants in the urban village setting. Therefore, we adjusted the cap rate to approximately 5.5% due to the number of captive consumers anticipated to live in the residential units in the urban village. Figure 3 : Retail Property Cap Rate Below is a summary of anticipated revenues and expenses of the 250-room upscale hotel product. Table 9: NAV for the Hotel Hotel % RevPAR Daily Room Rent Annual Revenue % of Total Rooms 250 Base Room Rent $210.00 $19,162,500 104.66% Vacancy (30.00%) ($5,748,750) (31.40%) RevPAR $147.00 $13,413,750 73.26% Food Sales 16.00% $23.52 $2,146,200 11.72% Beverage Sales 7.50% $11.03 $1,006,031 5.49% Technology 3.00% $4.41 $402,413 2.20% Minor Departments 10.00% $14.70 $1,341,375 7.33% Total Non-RevPAR Income $53.66 $4,896,019 26.74% Gross Hotel Revenue $200.66 $18,309,769 100.00% Hotel Expenses Department Expenses ($63.43) ($5,788,033) (31.61%) Undistributed Operating Expenses ($60.27) ($5,499,638) (30.04%) Fixed Charges ($6.62) ($603,618.75) ($0.03) Capital Reserves for FF&E ($2.94) ($268,275.00) ($0.01) Total Expenses and Reserves ($133.26) ($12,159,564.38) ($0.66) Net Operating Income $67.40 $6,150,204 33.59% NAV @ 6.5% Cap Rate 6.50% $94,619,000 Exhibit 10 City Council 22 – 496 9/17/2024 12 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 10: Hotel Operating Expenses Expenses % of Income Daily Rate per Room Daily Revenue Annual Revenue % of Total Department Expenses Rooms 25.00% ($36.75) ($9,188) ($3,353,438) (18.32%) Food Costs 50.00% ($11.76) ($2,940) ($1,073,100) (5.86%) Beverage Costs 40.00% ($4.41) ($1,103) ($402,413) (2.20%) Food and Beverage Labor Cost 20.00% ($6.91) ($1,727) ($630,446) (3.44%) Technology Costs 15.00% ($0.66) ($165) ($60,362) (0.33%) Minor Operated Department 20.00% ($2.94) ($735) ($268,275) (1.47%) Total Department Expenses ($63.43) ($15,858) ($5,788,033) (31.61%) Undistributed Operating Expenses Administration and General Operating 10.00% ($14.70) ($3,675) ($1,341,375) (7.33%) Marketing 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Management Fee 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Franchise Fee 8.00% ($11.76) ($2,940) ($1,073,100) (5.86%) Energy 6.00% ($8.82) ($2,205) ($804,825) (4.40%) Operations and Maintenance 5.00% ($7.35) ($1,838) ($670,688) (3.66%) Total Undistributed Operating Expenses ($60.27) ($15,068) ($5,499,638) (30.04%) It is our understanding that the proposed hotel will be comparable to the Westin South Coast Plaza. According to CoStar, the cap rate for Luxury and Upper Upscale hotels in the 2-Mile Zone is 6.5%. Figure 4: Hotel Market Cap Rate by Class Exhibit 10 City Council 22 – 497 9/17/2024 13 SECTION II LRV OF THE PROJECT Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Below is a summary of the value of the congregate care facility. Table 11: NAV for Congregate Care Congregate Car e Facility Per Room per Month Total Per Month Annual Revenues From Rooms $7,500 $1,500,000 $18,000,000 Vacancy ($375) ($75,000) ($900,000) Revenues After Vacancy $7,125 $1,425,000 $17,100,000 Revenues From Services $3,420 $684,000 $8,208,000 Total Revenues $10,545 $2,109,000 $25,308,000 Department Expenses ($4,451) ($890,288) ($10,683,450) Undistributed Operating Expenses ($2,925) ($585,000) ($7,020,000) Insurance and Property Tax ($143) ($28,500) ($342,000) Total Operating Expenses $3,026 $605,213 $7,262,550 Capital Reserves ($143) ($28,500) ($342,000) Net Operating Income $2,884 $576,713 $6,920,550 NAV @ 6.5% Cap Rate $106,470,000 The Specific Plan specifies there will be 3,896 parking spaces. DTA assumed that all common spaces would generate $100 per month in NOI after operating expenses. We estimated the 121 spaces allocated to the hotel property would generate $600 per day after operating expenses. DTA further assumed the parking spaces would be valued at a cap rate of 6.0%. Table 12: Parking Summary Parking Spaces Phase 1 Phase 2 Phase 3 Total Common Spaces 1,667 664 1,444 3,775 Hotel Spaces 121 0 0 121 Total Spaces 1,788 664 1,444 3,896 Monthly Revenue from Common Spaces $100 $100 $100 $377,500 Monthly Revenue from Hotel Spaces $600 0 0 $72,600 Annual Income Common Spaces $2,000,400 $796,800 $1,732,800 $4,530,000 Annual Income Hotel Spaces $871,200 $0 $0 $871,200 Total Annual Parking Income $2,871,600 $796,800 $1,732,800 $5,401,200 NAV Parking Spaces @ 6% Cap Rate $47,860,000 $13,280,000 $28,880,000 $90,020,000 Exhibit 10 City Council 22 – 498 9/17/2024 14 SECTION III PROJECT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com III PROJECT ASSUMPTIONS A Cost Assumptions In preparing the cost estimate, DTA reviewed similar projects in the local marketplace, City planning and engineering standards, planning fees, and DIFs. It should be noted that the vertical budget for retail uses includes tenant improvement and special equipment allowances. B Land Residual Basic Assumptions Below is a summary of the Project by phase. Table 13: Product Summary by Product and Phase Product Mix Phase 1 Phase 2 Phase 3 Total Apartment 2,376 DU 797 DU 577 DU 3,750 DU Commercial 158,655 SF 75,112 SF 116,233 SF 350,000 SF Hotel 140,000 SF 0 SF 0 SF 140,000 SF Congregate 192,000 SF 0 SF 0 SF 192,000 SF Parking Spaces 1,788 Spaces 664 Spaces 1,444 Spaces 3,896 Spaces We prepared budgets for each cost category by phase and product type. 1. We did not include any land costs in the analysis since the property is not being purchased, but we have been informed that the property is subject to a 99-year ground lease. We have also been informed that the lease payments during construction are “negligible.” 2. Land improvement indirect costs include civil engineering, soils engineering, environmental processing, development consulting, planning fees, deposits, permits, DIFs, bonds, mitigation costs, water purchase, easement acquisition, and the lot improvement indirect contingency. Exhibit 10 City Council 22 – 499 9/17/2024 15 SECTION III PROJECT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 14: Land Development Soft Costs Land Development Soft Costs Phase 1 Phase 2 Phase 3 Total Civil Engineering $2,544,276 $654,928 $1,560,958 $4,760,162 Soils Engineering $383,642 $107,496 $246,864 $738,002 Environmental Processing $2,686,200 $836,850 $605,850 $4,128,900 Development Consulting $3,877,975 $1,211,549 $1,279,569 $6,369,092 Planning Fees, Deposits, Permits $1,504,574 $363,471 $1,354,913 $3,222,959 Development Impact Fees $99,495,397 $33,934,601 $26,234,870 $159,664,869 Bonds $274,066 $70,088 $149,018 $493,172 Mitigation Costs $453,300 $214,606 $332,094 $1,000,000 Lot Improvement Indirect Contingency $4,157,265 $1,363,937 $1,339,973 $6,861,175 Total Land Development Soft Costs $115,376,695 $38,757,526 $33,104,109 $187,238,330 3. Land improvement direct costs include site preparation, rough grading, erosion and dust control, storm drain systems, sanitary sewer systems, potable water, non- potable water, street improvements, dry utilities, fencing and walls, landscaping, common costs, Project-wide amenities, parking, repairs for bond release, reimbursements, and the lot improvement direct contingency. Table 15: Total Land Development Hard Costs by Phase Unit Total Land Development Hard Costs per Unit Phase 1 Phase 2 Phase 3 Total Site Preparation $1,026,075 $335,475 $771,900 $2,133,450 Rough Grading $1,272,000 $416,000 $968,000 $2,656,000 Erosion and Dust Control $1,776,600 $575,100 $1,344,600 $3,696,300 Storm Drain System $4,344,480 $827,315 $644,818 $5,816,613 Sanitary Sewer System $2,882,675 $795,345 $642,290 $4,320,310 Potable Water $2,924,300 $865,845 $673,290 $4,463,435 Non-Potable Water $1,130,100 $379,095 $274,503 $1,783,698 Street Improvements - Concrete $2,162,240 $566,960 $410,600 $3,139,800 Street Improvements - Asphalt $2,514,590 $893,145 $896,940 $4,304,675 Dry Utilities $3,618,700 $1,102,525 $798,338 $5,519,563 Fencing and Walls $1,483,450 $153,600 $356,550 $1,993,600 Landscaping $2,989,120 $208,630 $5,662,450 $8,860,200 Common Costs $1,188,000 $398,500 $5,688,500 $7,275,000 Project Amenities $3,000,000 $0 $0 $3,000,000 Parking Spaces $52,404,000 $18,084,000 $40,636,000 $111,124,000 Repairs For Bond Release $844,900 $272,694 $596,543 $1,714,138 Reimbursements ($986,010) ($330,758) ($239,501) ($1,556,269) Lot Improvement Direct Contingency $12,686,283 $3,831,521 $9,018,873 $25,536,677 Total Land Development Hard Costs $97,261,503 $29,374,992 $69,144,693 $195,781,188 4. Vertical costs include all costs from the foundation to the roof of a dwelling unit, including a 5% contingency and the cost of a building permit. Exhibit 10 City Council 22 – 500 9/17/2024 16 SECTION III PROJE CT ASSUMPTIONS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com 5. Indirect costs include on-site consultants, architects, taxes/title insurance/land escrow, overall project contingency, insurance, site development field expenses, on- site construction management costs (lot improvement field management), development operations expenses (vertical construction field management), and general and administrative expenses. 6. Marketing costs include for-sale product, such as sales commissions, closing costs, warranty, general marketing costs, sales office design and construction, model maintenance, model upgrades, model landscaping, sales and model staff salaries, and master marketing program costs. 7. Finance costs include property taxes, construction loan interest, construction loan fees, and third-party fees. We assumed an interim loan rate of 7.0% and a loan fee equal to 1.0%. We were not provided with a debt-to-equity structure, so we assumed there would be no initial equity. However, the Developer would fund 10% of the costs, as incurred. 8. In preparing the cash flows to support the LRVs, we made timing assumptions that these expenditures would be made on a “just-in-time” basis. These assumptions may be adjusted based on discussions with the appropriate government agencies. Exhibit 10 City Council 22 – 501 9/17/2024 17 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com IV LAND IMPROVEMENT I NDIRECT COSTS A Civil Engineering In the current environment, a Specific Plan requires a significant civil engineering effort to obtain project-related data and prepare the required maps and exhibits that are generally prepared at 100 scale (1 in = 100 ft). If a Specific Plan is prepared at a scale greater than 100, such as a 300 scale, while a TTM is subsequently prepared at 100 scale or less, the proposed lot lines may not coincide with the Specific Plan’s planning area maps. In this case, the approving body may be required to approve a variance or, in significant cases, a Specific Plan Amendment requiring additional public hearings and public review. For this reason, we suggest the TTMs be prepared at 100 scale or less, although these efforts may require additional civil engineering work and additional upfront costs. We believe the cost of the extra work early in the development process will reduce costs later and is well worth the investment. The Civil Engineer is responsible for preparing detailed supporting studies for many disciplines, including grading, erosion control, storm drain, sanitary sewer, potable and non-potable water roadways, fencing and walls landscaping, common costs, and parking. Furthermore, the City or other agencies, such as the California Department of Transportation (“Caltrans”), U.S. Fish and Wildlife Service, or California Department of Fish and Wildlife, may require additional engineering studies to support the TTMs. Table 16: Civil Engineering Costs Civil Engineering Phase 1 Phase 2 Phase 3 Total Apartment $1,674,115 $642,127 $1,098,051 $3,414,292 Commercial $43,688 $0 $0 $43,688 Hotel $363,718 $0 $0 $363,718 Congregate $26,289 $0 $0 $26,289 Amenity $176,640 $12,801 $462,907 $652,347 Backbone $259,828 $0 $0 $259,828 Total Civil Engineering $2,544,276 $654,928 $1,560,958 $4,760,162 B Soil Engineering Geotechnical studies will be required for the Project even though the Project site has previously been developed. Many geotechnical standards have changed since the Project site’s geology was studied in the 1960s and 1970s. For example, the compaction standard in Orange County in the early 1980s was 85% optimum but had been revised to 90% because of grading failures during construction in Laguna Niguel and other Orange County jurisdictions. In addition to site sampling and testing, the geologist will also be required to study the effects of earthquakes, seismically induced surface ruptures, ground shaking, ground failure, subsidence and liquefaction, and potentially other issues required by the City’s Public Works Agency. Exhibit 10 City Council 22 – 502 9/17/2024 18 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com In accordance with California law, a Phase 1 Report, which is an investigation for hazardous materials (qualitative testing), must be completed by a licensed professional, usually a geotechnical engineer. We have also budgeted for a Phase 2 Report (quantitative testing), with the expectation that Phase 1 will identify on-site hazardous materials issues. There are no soil engineering costs estimated for the backbone infrastructure since we allocated backbone costs to the IPP planning areas. Table 17: Soil Engineering Costs Soils Engineering Phase 1 Phase 2 Phase 3 Total Apartment $173,507 $96,776 $149,388 $419,670 Commercial $33,411 $0 $0 $33,411 Hotel $71,941 $0 $0 $71,941 Congregate $12,521 $0 $0 $12,521 Amenity $92,262 $10,720 $97,476 $200,458 Total Soils Engineering $383,642 $107,496 $246,864 $738,002 C Environmental Consultants We have assumed that a program-level Environmental Impact Report (“EIR”) was required to support the General Plan Amendment (“GPA”) and a Project-level GPA would be required to support the approval of the TTMs. The Project-level EIR includes the preparation of third-party reports listed below. Air Quality; Noise; Cultural Resources; Population and Housing; Energy; Public Services; Geology and Soils; Parks and Recreation Greenhouse Gas Emissions; Transportation; Hazards and Hazardous Wastes; Tribal Cultural Resources; Hydrology and Water Quality; Utilities and Service Systems; and Land Use and Planning; Mandatory Findings of Significance. Noise; Table 18 : Environmental Processing Costs Environmental Processing Phase 1 Phase 2 Phase 3 Total Apartment $2,494,800 $836,850 $605,850 $3,937,500 Commercial $28,000 $0 $0 $28,000 Hotel $125,000 $0 $0 $125,000 Congregate $38,400 $0 $0 $38,400 Total Environmental Processing $2,686,200 $836,850 $605,850 $4,128,900 Exhibit 10 City Council 22 – 503 9/17/2024 19 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com D Development Consulting In addition to the environmental reports listed above, a developer of a project of this size may be required to produce additional studies or retain consultants to support TTM applications. A partial listing of potential studies is included below. Attorneys; Landscape Architect; Appraisal; Lighting Consultant; Aerial Photography; Market Studies; Financial Consultant; Off-Site Project Consultant; Scheduling Consultant; Structural Engineering; DA Consultant; Fire Hazard Consultant; Design Guidelines; Sewer Hydraulic Analysis; Assessment District Consultants; Traffic Studies; Architect, Preliminary Studies; Water System Design; Architect, Commercial Site; Visual Stimulation; Architect, School Site; Political Consultant; Land Planning and Design; Public Outreach; and Consumer Polling; Dry Utility Consulting. SWPPP Consultant; Table 19: Development Consulting Estimate Development Consulting Phase 1 Phase 2 Phase 3 Total Apartment $3,264,667 $1,128,760 $885,811 $5,279,239 Commercial $185,628 $75,112 $116,233 $376,973 Hotel $268,222 $0 $0 $268,222 Congregate $9,610 $0 $0 $9,610 Amenity $149,847 $7,677 $277,524 $435,048 Total Development Consulting $3,877,975 $1,211,549 $1,279,569 $6,369,092 E Planning Fees, Deposits, and Permits As required by City ordinances and policies, a developer is required to pay various fees to compensate the City for reviewing plans and reports. Cities often require developers to make deposits to be made to ensure developer payment for future services, such as inspection fees. The City requires developers to obtain permits for the installation of approved construction projects. Exhibit 10 City Council 22 – 504 9/17/2024 20 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 20: Planning Fees Deposits and Permit Estimate Planning Fees, Deposits, Permits Phase 1 Phase 2 Phase 3 Total Apartment $976,587 $352,609 $305,915 $1,635,111 Commercial $36,093 $3,756 $5,812 $45,660 Hotel $18,290 $0 $0 $18,290 Congregate $21,819 $0 $0 $21,819 Amenity $246,430 $7,107 $1,043,187 $1,296,723 Backbone $205,355 $0 $0 $205,355 Total Planning Fees, Deposits, Permits $1,504,574 $363,471 $1,354,913 $3,222,959 Backbone costs are those related to non-IPP that benefit the entire Project. They include plan check and inspection fees for the police station, entry monumentation on South Bristol, off-site sanitary sewer connection, etc. F DIFs A DIF is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency in connection with approval of a development project. A DIF is structured to mitigate all or a portion of costs for public facilities related to the development project. The City currently conditions the following DIFs: Transportation System Improvements Fee, Transit Zoning Code Traffic Impact Mitigation Fee, Harbor Specific Plan Mitigation Fee, Foothill Transportation Corridor Fee, San Joaquin Hill Corridor Fee, Drainage Assessment Fee, Orange County Sanitation Sewer Connection Fee, Orange County Sanitation District Fee, Santa Ana School District Fee, and Santa Ana Affordable Housing In-Lieu Fee. Table 21: DIF Summary by Fee Type DIFs Total Quantity Unit Unit Price Total Cost Santa Ana Transportation System Improvement Area Multifamily Fee - Area 3,375,000 SF $1.10 $3,712,500 Santa Ana Transportation System Improvement Area Non-Residential Fee - Area 350,000 SF $3.31 $1,158,500 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Multifamily 3,750 DU $1,270.04 $4,762,650 Santa Ana Transit Zoning Code Traffic Impact Mitigation Fee - Retail 350,000 SF $9.11 $3,188,500 Santa Ana Harbor Specific Plan Mitigation Fee 3,750 DU $850.00 $3,187,500 Foothill Transportation Corridor Fee - Multifamily 3,750 DU $2,568.00 $9,630,000 Foothill Transportation Corridor Fee - Non-Residential 350,000 SF $4.99 $1,746,500 San Joaquin Hill Corridor Fee - Multifamily 3,750 DU $2,735.00 $10,256,250 San Joaquin Hill Corridor Fee - Non-Residential 350,000 SF $5.99 $2,096,500 Drainage Assessment Fee - Zone 41 AC $7,748.21 $318,219 Orange County Sanitation Sewer Connection Fee 75,000 Fix $49.00 $3,675,000 Orange County Sanitation District - Multifamily Capacity Fee 3,750 DU $3,743.00 $14,036,250 Orange County Sanitation District – Non-Residential Capacity Fee - Avg 2 Bdrms 350,000 SF $1.49 $519,750 Santa Ana School District Impact Fee - Residential 3,375,000 SF $4.79 $16,166,250 Santa Ana School District Impact Fee - Commercial 350,000 SF $0.78 $273,000 Santa Ana Affordable Housing In Lieu Fee 3,375,000 SF $15.00 $50,625,000 Total DIFs $125,352,369 Exhibit 10 City Council 22 – 505 9/17/2024 21 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com These DIFs are summarized below by product type. Table 22: D IF Summary by Product and Phase DIFs Phase 1 Phase 2 Phase 3 Total Apartment $73,609,896 $24,709,653 $17,925,866 $116,245,415 Commercial $4,086,912 $1,927,749 $2,983,120 $8,997,782 Hotel $10,150 $0 $0 $10,150 Congregate $5,346 $0 $0 $5,346 Amenity $42,693 $4,649 $46,334 $93,676 Total DIFs $77,754,997 $26,642,051 $20,955,320 $125,352,369 The DIFs do not include any potential DIF credits. We believe there may be credits, but they will be negotiated as part of the DA. G Bonds The City will require that the Developer provide Subdivision Agreements to ensure the completion of certain improvements. The typical method to guarantee the completion of improvements is to provide a subdivision completion bond. The subdivision bond costs for each phase of the Project are presented below. Table 23 : Subdivision Bond Costs Bonds Phase 1 Phase 2 Phase 3 Total Apartment $185,578 $68,502 $61,252 $315,332 Commercial $6,665 $0 $0 $6,665 Hotel $5,340 $0 $0 $5,340 Congregate $4,790 $0 $0 $4,790 Amenity $44,868 $1,586 $87,767 $134,221 Backbone $26,825 $0 $0 $26,825 Total Bonds $274,066 $70,088 $149,018 $493,172 H Mitigation Allowance In most cases, retail leases are less than 10 years (although some offer tenant extension), and this should allow the owner to coordinate tenant move-outs in accordance with construction phasing. If there are existing tenant leases that could impact construction timing, the owner may incur lease termination costs to entice existing tenants to abandon their existing locations. We have included a $1.0 million allowance for the termination of existing lease obligations. Exhibit 10 City Council 22 – 506 9/17/2024 22 SECTION IV LAND IMPROVEMENT INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 24: Mitigation Costs Mitigation Costs Phase 1 Phase 2 Phase 3 Total Commercial $453,300 $214,606 $332,094 $1,000,000 Total Mitiga tion Costs $453,300 $214,606 $332,094 $1,000,000 I Lot Improvement Indirect Contingency We have provided a contingency for land development soft costs. All categories have a 10% contingency, except for DIFs, which have a 3% contingency. Table 25: Lot Improvement Indirect Contingency by Product and Phase Lot Improvement Indirect Contingency Phase 1 Phase 2 Phase 3 Total Apartment $3,085,222 $1,053,852 $849,003 $4,988,077 Commercial $201,286 $87,180 $134,907 $423,373 Hotel $85,556 $0 $0 $85,556 Congregate $11,503 $0 $0 $11,503 Amenity $72,285 $4,129 $197,676 $274,090 Backbone $49,201 $0 $0 $49,201 Total Lot Improvement Indirect Contingency $3,505,053 $1,145,160 $1,181,586 $5,831,800 Exhibit 10 City Council 22 – 507 9/17/2024 23 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com V LAND IMPROVEMENT DIRECT COSTS Land improvement direct costs include site preparation, rough grading, erosion and dust control, storm drain systems, sanitary sewer systems, potable water, non-potable water, street improvements, dry utilities, fencing and walls, landscaping, common costs, Project-wide amenities, parking, repairs for bond release, reimbursements, and the lot improvement direct contingency. A Site Preparation The site preparation cost includes the demolition of existing on-site structures. This is often a difficult category to budget since the third-party contractors often offset the demo costs with revenues generated from sale of reclaimed material, such as copper wiring, asphalt, concrete, etc. Without having a third-party contractor bid, we estimated that the net costs of demo would be about $50,000 per acre. Table 26: Site Preparation Costs Site Preparation Phase 1 Phase 2 Phase 3 Total Apartment $543,225 $305,475 $472,900 $1,321,600 Commercial $101,850 $0 $0 $101,850 Hotel $68,775 $0 $0 $68,775 Congregate $36,725 $0 $0 $36,725 Amenity $275,500 $30,000 $299,000 $604,500 Total Site Preparation $1,026,075 $335,475 $771,900 $2,133,450 B Rough Grading Absent geotechnical information, we assumed that the entire Project site would need to be regraded. We estimated this would require 10 feet of removal and replacement. Table 27: Grading Costs Rough Grading Phase 1 Phase 2 Phase 3 Total Apartment $664,000 $376,000 $580,000 $1,620,000 Commercial $124,000 $0 $0 $124,000 Hotel $84,000 $0 $0 $84,000 Congregate $44,000 $0 $0 $44,000 Amenity $356,000 $40,000 $388,000 $784,000 Total Rough Grading $1,272,000 $416,000 $968,000 $2,656,000 Exhibit 10 City Council 22 – 508 9/17/2024 24 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com C Erosion and Dust Control We estimated that erosion and dust control would cost about $90,000 per acre. Table 28: Erosion and Dust Control Costs Erosion and Dust Control Phase 1 Phase 2 Phase 3 Total Apartment $926,100 $521,100 $806,400 $2,253,600 Commercial $174,600 $0 $0 $174,600 Hotel $117,900 $0 $0 $117,900 Congregate $62,100 $0 $0 $62,100 Amenity $495,900 $54,000 $538,200 $1,088,100 Total Erosion and Dust Control $1,776,600 $575,100 $1,344,600 $3,696,300 D Storm Drain Systems The estimate for storm drain improvements includes replacing most of the existing storm drain since the current locations are not in accordance with the proposed Project. DTA also added costs for 54-inch, 60-inch, and 78-inch Reinforced Concrete Pipe (“RCP”) as described in the Specific Plan. Finally, we added a Local Impact Development (“LID”) allowance in accordance with City requirements and traffic control while the improvements are installed. Table 29 : Storm Drain Estimate Storm Drain System Phase 1 Phase 2 Phase 3 Total Apartment $2,421,980 $819,815 $614,818 $3,856,613 Commercial $7,500 $0 $0 $7,500 Hotel $7,500 $0 $0 $7,500 Congregate $7,500 $0 $0 $7,500 Amenity $30,000 $7,500 $30,000 $67,500 Backbone $1,870,000 $0 $0 $1,870,000 Total Storm Drain System $4,344,480 $827,315 $644,818 $5,816,613 E Sanitary Sewer Systems The estimate for sanitary system improvements is based upon removing and replacing all the in-tract sewer lines since DTA determined that the Project will be relocating all the easements where the sewer lines are currently located. The Specific Plan states that a new 78-inch vitrified clay pipe would be required to connect to existing infrastructure. We also budgeted traffic control during construction. Exhibit 10 City Council 22 – 509 9/17/2024 25 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 30: Sanitary Sewer Estimate Sanitary Sewer System Phase 1 Phase 2 Phase 3 Total Apartment $2,306,550 $784,470 $598,790 $3,689,810 Commercial $10,875 $0 $0 $10,875 Hotel $10,875 $0 $0 $10,875 Congregate $10,875 $0 $0 $10,875 Amenity $43,500 $10,875 $43,500 $97,875 Backbone $500,000 $0 $0 $500,000 Total Sanitary Sewer System $2,882,675 $795,345 $642,290 $4,320,310 F Potable and Reclaimed Water As with sanitary sewer systems, DTA estimated the costs of removing and replacing all the in-tract potable water lines since we determined the Project will be moving all the easements where the sewer lines are currently located. We budgeted traffic control during construction. We also estimated that the City would require the Developer to install non-potable water lines throughout the Project site in accordance with current City requirements. Table 31: Potable Water Costs Potable Water Phase 1 Phase 2 Phase 3 Total Apartment $2,412,300 $837,345 $559,290 $3,808,935 Commercial $28,500 $0 $0 $28,500 Hotel $28,500 $0 $0 $28,500 Congregate $28,500 $0 $0 $28,500 Amenity $114,000 $28,500 $114,000 $256,500 Backbone $312,500 $0 $0 $312,500 Total Potable Water $2,924,300 $865,845 $673,290 $4,463,435 Table 32: Non -Potable Water Costs Non-Potable Water Phase 1 Phase 2 Phase 3 Total Apartment $1,130,100 $379,095 $274,503 $1,783,698 Total Non-Potable Water $1,130,100 $379,095 $274,503 $1,783,698 G Street Improvements The estimate for street improvements includes asphalt, concrete, and streetlights. Since the Specific Plan is not specific on the street profiles, DTA reviewed City standard plans and made estimates for the street widths. We estimate an average streetlight with a cost of $6,000 per fixture, totaling about $1.0 million upon the build-out of the Project. Exhibit 10 City Council 22 – 510 9/17/2024 26 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 33: Street Improvement Budget Street Improvements Phase 1 Phase 2 Phase 3 Total Apartment $4,095,280 $1,452,455 $1,276,940 $6,824,675 Commercial $170,850 $0 $0 $170,850 Hotel $166,850 $0 $0 $166,850 Congregate $213,250 $0 $0 $213,250 Amenity $30,600 $7,650 $30,600 $68,850 Backbone $0 $0 $0 $0 Street Improvements $4,676,830 $1,460,105 $1,307,540 $7,444,475 H Dry Utilities The dry utility allowance includes cost for electricity, gas, telephone, and internet. The estimate is based upon locating dry utilities in the proposed interior street to service all the buildings. Table 34 : Dry Utility Costs Dry Utilities Phase 1 Phase 2 Phase 3 Total Apartment $3,286,700 $1,102,525 $798,338 $5,187,563 Commercial $140,000 $0 $0 $140,000 Congregate $192,000 $0 $0 $192,000 Dry Utilities $3,618,700 $1,102,525 $798,338 $5,519,563 I Fencing and Walls The fencing and walls allowance includes interior walls surrounding each planning area. Included in this group is a $1.0 million allowance for street monumentation on South Bristol Street at the boundary between Cities of Santa Ana and Costa Mesa as referred to in Sections 3-4 of the Specific Plan. Table 35: Fencing and Wall Budget Fencing and Walls Phase 1 Phase 2 Phase 3 Total Apartment $240,900 $129,300 $208,200 $578,400 Commercial $43,650 $0 $0 $43,650 Hotel $35,850 $0 $0 $35,850 Congregate $25,950 $0 $0 $25,950 Amenity $137,100 $24,300 $148,350 $309,750 Backbone $1,000,000 $0 $0 $1,000,000 Fencing and Walls $1,483,450 $153,600 $356,550 $1,993,600 J Landscaping The landscape category includes an allocation of landscaping adjacent to each building. We also include an estimate for Bristol Green, Bristol Plaza, Central Park, Greenlink South, and Greenlink North at $1,500,000 per acre. The estimate includes landscape maintenance for 6 months. Exhibit 10 City Council 22 – 511 9/17/2024 27 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 36: Landscaping Estimate Landscaping Phase 1 Phase 2 Phase 3 Total Apartment $353,470 $199,305 $307,175 $859,950 Commercial $31,050 $0 $0 $31,050 Hotel $21,225 $0 $0 $21,225 Congregate $10,875 $0 $0 $10,875 Amenity $2,572,500 $9,325 $5,355,275 $7,937,100 Landscaping $2,989,120 $208,630 $5,662,450 $8,860,200 K Common Costs The common cost category includes an allowance for the multifamily units at $500 per unit and an allowance for a community center to be built adjacent to the Bristol Central Park for a total of $5,400,000. Table 37: Common Costs Allowance Common Costs Phase 1 Phase 2 Phase 3 Total Apartment $1,188,000 $398,500 $288,500 $1,875,000 Amenity $0 $0 $5,400,000 $5,400,000 Common Costs $1,188,000 $398,500 $5,688,500 $7,275,000 L Project Amenities The Project amenities include the construction of a police station to be located on-site. Table 38: Project Amenity Allowance Project Amenities Phase 1 Phase 2 Phase 3 Total Police Station $3,000,000 $0 $0 $3,000,000 Project Amenities $3,000,000 $0 $0 $3,000,000 M Parking In the parking space category, we include above-grade, surface, and below-grade spaces. DTA was not able to discern the specifications for the parking facilities, so we estimated the costs based upon typical costs but reduced the unit costs since there would be an economy of scale for the larger facilities. Typical parking spaces have column spacing at 24 feet for parking under high-rise buildings and 60 feet of spacing for low-rise and spaces without buildings located overhead. The above-grade spaces are priced at $30,000 per space, surface spaces at $4,000 per space, and below-grade spaces at $35,000 per space. Below is the distribution of the individual spaces. Parking spaces will be shared among the various product types based upon the time of day the spaces are required. Exhibit 10 City Council 22 – 512 9/17/2024 28 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com Table 39: Parking Budget Parking Spaces Phase 1 Phase 2 Phase 3 Total Above-Grade 107 33 65 205 Surface 311 161 309 781 Below-Grade 1,370 470 1,070 2,910 Total Parking Spaces 1,788 664 1,444 3,896 Table 40: Parking Space Budget Parking Spaces Phase 1 Phase 2 Phase 3 Total Apartment $48,169,000 $18,084,000 $40,636,000 $106,889,000 Hotel $4,235,000 $0 $0 $4,235,000 Parking Spaces $52,404,000 $18,084,000 $40,636,000 $111,124,000 N Repairs for Bond Releases Repairs for bond releases are costs that a developer incurs to exonerate subdivision completion bonds. These costs are generally incurred after the completion of improvements to support the release of subdivision bonds. Table 41 : Costs of Repair s f or Bond Releases Repairs For Bond Release Phase 1 Phase 2 Phase 3 Total Apartment $735,490 $271,464 $481,446 $1,488,400 Commercial $2,607 $0 $0 $2,607 Hotel $44,659 $0 $0 $44,659 Congregate $1,925 $0 $0 $1,925 Amenity $30,270 $1,230 $115,098 $146,597 Backbone $29,950 $0 $0 $29,950 Repairs For Bond Release $844,900 $272,694 $596,543 $1,714,138 O Reimbursements In general, the dry utility purveyors provide reimbursement to a developer for installing utility facilities that are “sold” to the utility when the user commences service. The reimbursements usually occur during the life cycle of a project and are reimbursed when the affected utility is brought online. Table 42: Dry Utility Reimbursements Reimbursements Phase 1 Phase 2 Phase 3 Total Apartment ($986,010) ($330,758) ($239,501) ($1,556,269) Reimbursements ($986,010) ($330,758) ($239,501) ($1,556,269) Exhibit 10 City Council 22 – 513 9/17/2024 29 SECTION V LAND IMPROVEMENT DIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com P Lot Improvement Direct Contingency DTA also estimated the lot improvement direct cost contingency at 15% of the total direct costs. We chose 15% since we lacked construction details when preparing the budget. This estimate is similar to other projects that do not have a completed engineering design. Table 43: Lot Improvement Direct Cost Contingency Lot Improvement Direct Contingency Phase 1 Phase 2 Phase 3 Total Apartment $10,123,063 $3,799,514 $7,104,570 $21,027,146 Commercial $125,322 $0 $0 $125,322 Hotel $723,170 $0 $0 $723,170 Congregate $95,055 $0 $0 $95,055 Amenity $612,806 $32,007 $1,914,303 $2,559,116 Backbone $1,006,868 $0 $0 $1,006,868 Lot Improvement Direct Contingency $12,686,283 $3,831,521 $9,018,873 $25,536,677 Exhibit 10 City Council 22 – 514 9/17/2024 30 SECTION VI VERTICAL COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VI VERTICAL COSTS Vertical costs include all costs from the foundation to the roof of a dwelling unit, including a 5% contingency and the cost of a building permit. Table 44 lists the total of the vertical costs and Table 45 represents an analysis of the vertical costs by product type per SF. Vertical costs related to the commercial properties are in addition to the residential costs. Table 44: Vertical Costs by Product Type and Phase Total Vertical Construction Costs Phase 1 Phase 2 Phase 3 Total Apartment $680,331,900 $228,209,100 $165,215,400 $1,073,756,400 Commercial $23,726,293 $13,939,830 $21,571,314 $59,237,437 Hotel $56,560,000 $0 $0 $56,560,000 Congregate $59,388,000 $0 $0 $59,388,000 Total Vertical Construction Costs $820,006,193 $242,148,930 $186,786,714 $1,248,941,837 Table 45: Vertical Cost Estimates per SF Vertical Cost Data Phase 1 Phase 2 Phase 3 Total Residential SF 2,138,400 SF 717,300 SF 519,300 SF 3,375,000 SF Residential Cost per SF $318.15 $318.15 $318.15 $318.15 Commercial SF 158,655 SF 75,112 SF 116,233 SF 350,000 SF Commercial Cost per SF $149.55 $185.59 $185.59 $169.25 Hotel SF 140,000 SF 0 SF 0 SF 140,000 SF Hotel Cost per SF $404.00 $0.00 $0.00 $404.00 Congregate Care SF 192,000 SF 0 SF 0 SF 192,000 SF Congregate Care per SF $309.31 $0.00 $0.00 $309.31 Total Vertical Cost $311.90 $305.58 $293.91 $307.85 Exhibit 10 City Council 22 – 515 9/17/2024 31 SECTION VII INDIRECT COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VII INDIRECT COSTS Indirect costs include on-site consultants, architects, taxes/title insurance/land escrow, overall project contingency, insurance, site development field expenses, on-site construction management costs (lot improvement field management), development operations expenses (vertical construction field management), and general and administrative expenses. Table 46 : Indirect Cost Allowance Indirect Costs Phase 1 Phase 2 Phase 3 Total On-Site Consultants, Including Architects $1,878,983 $684,168 $1,126,850 $3,690,000 Taxes/Title Insurance/Land Escrow $1,484,144 $443,548 $359,554 $2,287,246 Overall Project Contingency $14,841,437 $4,435,479 $3,595,541 $22,872,456 Insurance $22,227,017 $6,642,717 $5,384,798 $34,254,531 Site Development Field Expense $2,465,737 $736,905 $597,358 $3,800,000 On-Site Construction Management Fee $2,271,073 $678,728 $550,199 $3,500,000 Development Operations Expense $1,687,083 $504,198 $408,719 $2,600,000 General and Admin Expense - 2.0% $29,682,874 $8,870,958 $7,191,081 $45,744,912 Total Indirect Costs $76,538,347 $22,996,699 $19,214,099 $118,749,145 Exhibit 10 City Council 22 – 516 9/17/2024 32 SECTION VIII MARKETING COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com VIII MARKETING COSTS Marketing costs related to for-sale product usually include sales commissions, closing costs, warranty, general marketing costs, sales office design and construction, model maintenance, model upgrades, model landscaping, sales and model staff salaries, and master marketing program costs. However, since the entire Project is a for-rent program, we included an estimate of closing costs (since we assumed all products would be sold to determine LRV) and an allowance for marketing costs during the rent-up period. Table 47: Marketing Cost Allowance Marketing Costs Phase 1 Phase 2 Phase 3 Total Closing Costs $1,484,144 $443,548 $359,554 $2,287,246 Marketing Costs $5,688,144 $1,908,018 $272,587 $7,868,749 Total Marketing Costs $7,172,288 $2,351,566 $632,141 $10,155,994 Exhibit 10 City Council 22 – 517 9/17/2024 33 SECTION IX FINANCE COSTS Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com IX FINANCE COSTS Finance c osts include property taxes, construction loan interest, construction loan fees, and third-party fees. We assumed an interim loan rate of 7.0% and a loan fee equal to 1.0%. We were not provided with a debt-to-equity structure, so we assumed there would be no initial equity. However, the Developer would fund 10% of the costs, as incurred. Table 48 : Finance Cost Estimate Finance Costs Phase 1 Phase 2 Phase 3 Total Property Taxes $161,035 $48,127 $39,013 $248,174 Construction Loan Interest $28,438,394 $8,499,035 $6,889,589 $43,827,018 Construction Loan Fee $6,745,695 $2,016,003 $1,634,237 $10,395,935 Equity Lender Financing $35,345,124 $10,563,165 $8,562,839 $54,471,128 Exhibit 10 City Council 22 – 518 9/17/2024 34 SECTION X CONCLUSION Related Bristol at 3600 South Bristol Street September 27, 2023 Land Residual Value Study Report www.FinanceDTA.com X CONCLUSION DTA reviewed the Specific Plan to understand the proposed Project. We obtained market information from CoStar for multifamily, retail, hotel, and congregate care products for both Orange County and a 2-Mile Zone surrounding the Project site. We also reviewed the City’s website for development regulations and standard plans for construction projects. DTA assessed DIFs currently being imposed by the City from various government websites. DTA referred to its database for development costs and reviewed similar projects to budget the indirect costs, marketing costs, and financing costs that are discussed above. We prepared a Project cash flow in accordance with the Project timing described in the Specific Plan. Often, large-scale development projects are amended as more information is analyzed. Product mixes may change after the completion of detailed market studies that may identify alternative product mixes and product types that may yield better financial metrics. DTA assumed that the final land plan and individual buildings may be modified to address the evolving marketplace during the life of the Project, which the Specific Plan identities will be completed in 2035. In preparing our Report, DTA evaluated the Specific Plan and determined that the Project would be financially successful based upon the available information, although we acknowledge Project metrics may change as more information becomes available. Based upon the information reviewed, DTA determined that the proposed Project would be profitable since the Project’s NAV is $597,895,000, as shown in Table 49 below. Table 49: NAV Summary Description Value Total NAV $2,377,266,000 Total Costs ($1,779,371,000) Excess of NAV Over Costs $597,895,000 Exhibit 10 City Council 22 – 519 9/17/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 22 – 520 9/17/2024 Newport Beach | San Jose | San Francisco | Riverside Dallas | Houston | Raleigh | Tampa www.FinanceDTA.com Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds MARKET STUDY REPORT EPD SOLUTIONS, INC. RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA September 2023 Exhibit 10 City Council 22 – 521 9/17/2024 www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220 Irvine, CA 92612 EPD SOLUTIONS, INC. DRAFT MARKET STUDY REPORT RELATED BRISTOL AT 3600 SOUTH BRISTOL STREET CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Jeremy Krout Exhibit 10 City Council 22 – 522 9/17/2024 TABLE OF CONTENTS SECTION PAGE I PROJECT INFORMATION ............................................ 1 II PROJECT BACKGROUND ............................................. 3 III FINANCIAL SUMMARY ............................................... 4 IV RESIDENTIAL MARKET RESEARCH ............................... 5 V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN ......................................................................... 6 VI RETAIL MARKET RESEARCH ...................................... 22 VII HOSPITALITY ............................................................ 29 Exhibit 10 City Council 22 – 523 9/17/2024 1 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com I PROJECT INFORMATION DTA has been engaged to conduct a Market Study (the “Study”) for the Related Bristol Specific Plan project (the “Project”) located in the City of Santa Ana (the “City”), California, on behalf of EPD Solutions, Inc. (the “Client’). The Project has been proposed by RCR Bristol, LLC (the “Developer”). The specific purposed of the Market Study Report (the “Report”) is to provide the City with a better understanding of current real estate market conditions, a forecast of anticipated future absorption of the Project (estimated to be 10 years for the residential component), and an analysis of the financial opportunities inherent in the Related Bristol Specific Plan (“Specific Plan”). The Project site includes Income-Producing Properties (“IPP”) expected to comprise 3,750 dwelling units, 350,000 square feet (“SF”) of retail space, a 250-room hotel, and a 200-bed congregate care facility, as well as roadways, parks, and open space. The Project is also planning to construct 3,690 parking spaces, the vast majority of which will be underground. The Specific Plan area is located north of Interstate 405 (the San Diego Freeway) and west of State Route 55 (the Orange Freeway). The adjacent streets are Sunflower Avenue to the south, South Bristol Street to the east, South Plaza Drive to the west, and West Sunflower to the south, with the latter being the boundary between Santa Ana and Costa Mesa. The current use of the 41.0-acre site includes 465,000 SF of obsolete retail space. The City had a vision for the redevelopment of this area, known as the South Bristol Focus Area, and updated its General Plan to accommodate a different type of development targeting the look and feel of an urban village. A primary goal of an urban village setting is that residents desire that the community be walkable to both local-serving retail and recreational amenities. The Developer responded to the City's desires by targeting a Project design that would both achieve the desired urban feeling while creating an economically successful project. The adjacency to South Coast Plaza and Segerstrom Center for the Arts provides a strong draw for people to both live and work in the surrounding community. The Project site is strategically located within: 3 miles of the Irvine Business District, adjacent to John Wayne Airport (SNA); 5 miles to downtown Santa Ana, the seat of Santa Ana and Orange County governments; 6 miles to Fashion Island, a high-rise office and residential district in Newport Beach; and 12 miles to the Irvine Spectrum Center, a high-rise office and residential district at the intersection of the I-5 and I-405 freeways. Figure 1: Project Site Project Site Exhibit 10 City Council 22 – 524 9/17/2024 2 SECTION I PROJECT INFORMATION Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Although there are other business districts within Orange County (the “County”), these four areas are generally considered the center of commerce and business for the County. Figure 2: Prominent Orange County Business Districts Downtown Santa Ana Irvine Spectrum Fashion Island Irvine Business District Subject Property Exhibit 10 City Council 22 – 525 9/17/2024 3 SECTION II PROJECT BACKGROUND Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com II PROJECT BACKGROUND In order to fully understand the Specific Plan, DTA’s market analysis encompassed the review of historical data and future projections, including appropriate metrics such as rental housing supply, local demographics, employment, etc. The source of our information was the CoStar real estate database. While some of the metrics are based upon year-end 2022 information, most of the data has been updated through April 2023. As of August 2023, the California Economic Development Department (the “Department”) estimates that there are 1,708,900 jobs in the County and a current unemployment rate of 3.9%. The Department also indicates that there was a 3.0% increase in the Consumer Price Index (“CPI”) on a year-over-year basis. This is a strong indication that economic activity and the local marketplace are still robust. The population of the City as of July 2022 was just over 308,000 people residing in approximately 82,058 dwelling units, an average of four persons per household. The median household income is $77,000, with a population of more than 11,300 residents per square mile. Exhibit 10 City Council 22 – 526 9/17/2024 4 SECTION III FINANCIAL SUMMARY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com III FINANCIAL SUMMARY DTA evaluated the Specific Plan to determine its viability. This included determining the Project revenues for each product class by construction phase, as follows: Table 1: Market Value of Project Properties by Phase Revenues Unit Phase 1 Phase 2 Phase 3 Total Apartment 3,750 DU $1,183,632,000 $396,868,000 $286,820,000 $1,867,320,000 Commercial 349,998 SF $99,921,000 $46,680,000 $72,236,000 $218,837,000 Hotel 250 Rooms $94,619,000 $0 $0 $94,619,000 Congregate 200 Rooms $119,215,000 $0 $0 $119,215,000 Total $1,497,387,000 $443,548,000 $359,056,000 $2,299,991,000 Exhibit 10 City Council 22 – 527 9/17/2024 5 SECTION IV RESIDENTIAL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com IV RESIDENTIAL MARKET RESEARCH The data included in this Report are from CoStar. According to the CoStar website 1: “CoStar is the industry leader in commercial real estate information, analytics and news. We provide our clients with the data and tools they need to make smart decisions and stay ahead of the competition. Our extensive research operation delivers the most comprehensive data available, giving our clients a clear understanding of the transactions, trends, assets and players in the market. With over 188,000 industry professionals relying on us, CoStar is truly where commercial real estate goes when it needs to know. We don't just say we have the best commercial real estate data. We back it up. In the past 3 years, we've invested over $2.5B in research and technology, giving our clients an unparalleled source of commercial real estate data and analytics.” From the CoStar site, DTA obtained information about the market for both County and multifamily products within a 2-mile radius of the Project site. In this Report, we will refer to the area within 2 miles of the site as the “2-Mile Zone.” The County data includes more than 11,000 multifamily properties, whereas the 2-Mile Zone data set includes 250 multifamily properties. According to CoStar, much of this information has been updated through April 2023. It is important to note that the World Health Organization officially recognized that COVID-19 began in January 2020. However, based upon multifamily rental activity in the area, the most significant event was an increase in rental rates in the area, although the unemployment rate in the City reached 8.3% in 2021. In the last 3 years, the unemployment rate has dropped to 3.4%, signifying a healthy economy in the City. 1 Source: https://www.costar.com/about. Figure 3: Specific Plan Map Exhibit 10 City Council 22 – 528 9/17/2024 6 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN A Residential The Project is envisioned as a mixed-use urban community with multiple blocks of residential uses over ground-floor retail shops throughout the Specific Plan area. This Specific Plan does not intend to limit or restrict the residential building types or architectural style. Residential uses may be single-use buildings within a block or in a mixed-use building with ground-floor retail uses. Residential building types may include but are not limited to the following: 1. Tower on podium, which is multi-level tower organized around or above a central core. 2. Podium structure, which is a multi-level structure situated on top of a concrete or steel podium base. 3. Wrap structure, which is a multi-level building surrounding an internal parking structure. 4. Live-work is an integrated residence and workspace occupied by a single household. This is a relatively low- density building type that is permitted but not anticipated within the Specific Plan area. 5. Townhomes, which are individual attached units arranged side-by-side. 6. Stacked dwellings, which are units within a single structure that are stacked one above the other. DTA did not include any land costs in our analysis since the property is not being purchased, but we were informed that the property is subject to a 99-year ground lease. We have also been informed that the lease payments during construction are “negligible.” Since most home buyers are not interested in purchasing a home on leased land, the residential development will be targeted to rental tenants. B Retail The existing retail center of 465,000 SF was developed in the 1970s. Based upon changes in the retail operations and impacted by new technology companies such as Amazon, significant existing traditional retail is becoming obsolete, which is happening to this retail center. The existing center includes a Vons grocery store, which will be replaced by a more modern grocery store. Modern grocery stores will be smaller than traditional grocery stores because they will benefit from an improved supply chain that is able to deliver replacement inventory faster, especially for slower moving products. Further, new grocery stores are transitioning to more energy-efficient freezing and refrigeration systems that in many cases require a complete revamping of interior space. Other changes include Figure 4: Specific Plan Block Designation Exhibit 10 City Council 22 – 529 9/17/2024 7 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com cameras and shelf sensors, smart carts, and touchless checkout kiosks. The proposed neighborhood retail center will serve more than 6,750 new residents living in the 3,750 proposed residential units. The center will also target restaurants and other local-serving retail, such as specialty retail, dry cleaners, ice cream stores, liquor stores, coffee shops, gyms, and banks. The availability of convenient underground parking should provide a draw for customers who live outside the immediate Project area. C Hotel The current Specific Plan includes the construction of a 250-room hotel similar to the upscale Westin South Coast Plaza to the east. Hospitality uses may include guest services such as restaurants, on-site alcohol establishments, conference facilities, event spaces, and rooftop amenities. D Senior Housing and Congregate Care The Specific Plan permits senior and age-qualified projects (including “continuum of care” communities that encompass a full range of independent living through skilled nursing services) that are specifically allowed within the Specific Plan. Such projects may include additional or different recreation facilities from those shown in the Specific Plan in keeping with the Project’s demographics. Senior/age-qualified uses may include the following: Independent Living Units: A project designed for senior residents who need specialized services and amenities to accommodate their special needs and extend their ability to live independently. Such services may include meal preparation, common dining facilities, emergency call monitoring, housekeeping services, shuttle services, and the delivery of groceries and pharmaceuticals. The project includes specially designed units and amenities to accommodate reduced mobility, sight, and hearing abilities. Services to support the care of an ailing spouse, such as adult daycare services and limited nursing services, may also be provided. Unit types may range from single- family attached/condominiums to multifamily clustered buildings and would typically include full kitchens. Congregate Housing Community (including Assisted Living and/or Skilled Nursing): This category is designed for senior residents who need significant care and services, including nursing care and medical services, inclusive of memory care facilities. Unit types may encompass smaller apartments with small kitchenettes, common dining facilities, and community activity centers. Specific services may include security, activity centers, housekeeping, emergency monitoring, and transportation. Exhibit 10 City Council 22 – 530 9/17/2024 8 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com E Public Spaces Publicly accessible parks and open space will be strategically located within the Specific Plan area. The Bristol Central Park, approximately 2.5 acres in size, will be constructed in the northern portion of the property. The Bristol Green (0.94 acres) and Bristol Plaza, including a small retail village (0.9 acres), will be located in the southern portion of the property, adjacent to the proposed hotel and congregate care buildings. There will be two parallel Greenlink trails (0.6 acres each) that will connect the parks in the south to the park in the north. In total, there will be 13.1 acres of publicly accessible open space within the Specific Plan area. Figure 5: Bristol Plaza The parks and Greenlink trails will include landscaping, lighting, seating areas, walkways, play areas, a private recreation facility, and retail or kiosk uses. An overall drought-adapted plant palette is anticipated to conserve water, reduce the heat island effect, use efficient irrigation, and potentially utilize biofiltration mechanisms to treat rainwater. The parks and Greenlink trails will include benches, bicycle racks, and directional signs to enhance the enjoyment of these public spaces. Figure 6: Bristol Green It is also planned that public art will be available in all open space areas. It is hoped that lighted public art Exhibit 10 City Council 22 – 531 9/17/2024 9 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com will act as a centerpiece to the parks and Greenlink trails. The public art will include interactive exhibits, such as some exhibits that children may climb on and others that adults may use such as chess tables. It also anticipated that walls would be adorned with art in accordance with local history and lifestyle. F Cap Rates The importance of the market cap rate should be noted. A cap rate is calculated by dividing a property’s Net Operating Income (“NOI”) by its Net Asset Value (“NAV”). The cap rate is an assessment of the yield of a property over 1 year. Alternatively, if you know a building's NOI, you may divide this by an assumed cap rate to approximate the building's NAV. We have provided a simple definition above. Oftentimes, in the real world, complications arise, such as whether net operating expenses should be modified based on capital reserves or other adjustments. For simplicity in determining NAV of the multifamily units, DTA has reduced net revenue by an estimate of operating expenses and capital reserves to determine NOI. NOI is then divided by the cap rate to establish the NAV. A cap rate is a derived estimate. Often, an investor will study recent sales to determine what investors have paid for similar buildings. The developer or investor will review the expenses for a building and value it according to what others have recently paid for similar buildings. By dividing NOI by the consensus cap rate derived from comparable sales, the investor is able to approximate the value of the building. Cap rates are generally correlated to 10-year Federal government or agency bonds (“Government Bonds”). Currently, Government Bond coupon rates are at about 4%, with the investor assuming there will be absolutely no risk of loss of principal during the term of the Government Bonds. In general, investors are currently allocating investment capital to these riskless investments instead of to IPP. In order for real estate developers to attract capital from investors, they usually accept lower prices (resulting in higher cap rates). The difference between these two investment instruments is referred to as a spread. Sometimes this spread between Class A IPP and the Government Bond rate may be as much as 300 basis points since investors are competing with the government agencies to attract capital to real estate, a riskier investment. Prior to recent the Federal Reserve Bank’s actions, 10-year Government Bonds yielded about 2.0%, while the cap rate for Class A multifamily properties in the City was 4%, a spread of 200 basis points. Now that the bond market has priced the 10-year Government Bonds at 4% on a pari passu basis, a developer often has to offer an additional spread to attract investment to IPP. One of the selling points that investors stress to attract capital to the IPP market is to emphasize that although today’s cap rate may be 4.0%, potential future increases in rents should yield higher returns than Government Bonds. Increasing rental income provides investors incentives because they usually lead to increased NOI and, with stable cap rates, an increase in NAV. Conversely, bonds offer a fixed annual payment and return on invested capital. Therefore, there is the opportunity for IPP to not only generate increasing annual cash flows, but for the resulting increased NAV to generate a larger return on invested capital. Exhibit 10 City Council 22 – 532 9/17/2024 10 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com If an IPP investor achieves an annual compound rent increase of 3.0% for 10 years, the compound annual rental income should increase by 35%. When this is divided by the cap rate, the building’s value could increase by the same amount. If a property could obtain a 5.0% increase over 10 years, the property value could increase by more than 60% and, during the course of 30 years, could increase the property value close to 140%, almost 1½ times its current value. In the past 10 years, despite COVID-19, rental increases in the City have been quite significant, as shown in Figure 7. Compound rental rates have increased by about 4.5% during this period. Higher rental demand in stable locations generally achieves lower cap rates, while transitional or outlying neighborhoods usually have higher cap rates due to higher employment volatility and fluctuating demand. These outlying areas often generate higher tenant turnover, leasing costs, and other factors that impact operating cash flows. Santa Ana is in a stable market with low vacancies, which should allow investors to raise rents during the life of their investment. It is also important to note that the 2-Mile Zone's market area cap rate for completed multifamily sales is about 4.0%, as shown in Figure 8. It is also significant to stress that forecasted cap rates are not projected to increase above 4.0% in the foreseeable future. That said, while cap rates for multifamily projects in California and across the United States have been increasing as a result of generally higher 10-year Government Bond interest rates, the impact has not been severely experienced in the City’s 2-Mile Zone. Figure 7: Market Effective Rent per Unit by Bedroom Figure 8: Market Cap Rate Exhibit 10 City Council 22 – 533 9/17/2024 11 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com A change in cap rate will have a significant impact on the value of a building. Table 2 shows the value of a unit in the Specific Plan. At a cap rate of 4.5%, the unit value is about $498,000. Table 2: Value of Unit by Cap Rate Cap Rate Comparison Unit Square Feet Monthly Rent per SF Monthly Rent Vacancy Rate Expense Factor Capital Reserve Monthly Expenses Annual Net Operating Income Cap Rate Net Asset Value % Reduction in Value Value at 4.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 4.50% $498,000 Value at 5.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 5.50% $407,000 Value Reduction from 5.5% Cap Rate $91,000 Value at 6.5% Cap Rate 900 $3.64 $3,276 5.00% 35.0% 3.00% ($1,409) $22,408 6.50% $345,000 Value Reduction from 6.5% Cap Rate $153,000 30.72% If the Specific Plan constructs and rents all units and the program contains 3,750 units, a 1.0% change in cap rate would reduce Project market value by about $341,000,000 (3,750 units times $91,000). A 2.0% reduction would result in a loss of $573,000,000 in market value (3,750 units times $153,000). G Multifamily Market Research To better understand both the County and City multifamily markets, DTA evaluated an average apartment based upon observed metrics. These include a vacancy rate of 5.0%, operating expenses of 35%, and a capital reserve of 3.0% that reduce market rent by 43% to obtain NOI. Dividing NOI by a 4.5% cap rate, we determined that an average 842 SF unit in the County would have a NAV of $371,000 and an average 883 SF unit in the City would have a value of $456,000. Based upon an estimate of rents for a unit in the 2-Mile Zone of $3.64, applying the same metrics, DTA estimates an average unit would have a value of $498,000. The current inventory valuation metrics in the City, County, and 2-Mile Zone, according to CoStar, are presented below. Table 3: Current Inventory Summary Description Inventory Units Average Unit Sze Monthly Rent per SF Market Rent per Unit Vacancy Rate Operating Expenses Capital Reserve Operating Exp and Cap Reserve Net Operating Income Market Cap Rate Net Asset Value Per Unit 5.00% 35.0% 3.00% 43.00% 4.50% Orange County 313,320 842 SF $2.90 $2,442 ($122) ($855) ($73) ($1,050) $1,392 4.50% $371,000 2-Mile Zone 1 900 SF $3.64 $3,276 ($164) ($1,147) ($98) ($1,409) $1,867 4.50% $498,000 Exhibit 10 City Council 22 – 534 9/17/2024 12 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com As can be seen in Figure 9, effective market rental rates within the 2-Mile Zone have been steadily increasing for 10 years, and there was a limited compound negative impact related to COVID-19. This compounded rate is about 4.5% and forecasted to increase by a compounded rent growth of about 2.2% for the next 5 years. It is difficult to project absorption rates in the 2-Mile Zone since there are few new similar offerings. As of early 2023, there are only 200 units currently under construction, with delivery scheduled in late 2023. From a market perspective, the 2-Mile Zone has the following desirable characteristics. An urban setting close to shopping and entertainment; Adjacency to the South Coast Plaza Mall; Limited new high-end rental units planned in the immediate future; Multiple product types to attract a variety of tenants; A mixed-use environment that includes adjacent retail; Proximity to the Orange County Art Center; Proximity to Orange County Airport and Santa Ana Metrolink; Direct access to Interstate 405 and SR 55; Up to 13 acres of open space, including 5.0 acres of parks and Greenlink trails; and Availability of local private schools, including Mater Dei, TVT Community Day School, and The Sage School. It also has some challenges that include: Average public school district. The Santa Ana school system is ranked 814 out of 1,165 districts in California (https://www.publicschoolreview.com/california/santa-ana-unified-school- district/635310-school-district). Currently high long term interest rates. Future higher long-term interest rates resulting from Federal Reserve Bank tightening. Figure 9: Effective Average Rent per Unit Exhibit 10 City Council 22 – 535 9/17/2024 13 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Figure 10: Artist’s 3-D Rendering of Project Exhibit 10 City Council 22 – 536 9/17/2024 14 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Below is a list of apartments and selected metrics for available products within the 2-Mile Zone. This list only includes properties with 200 or more units since small complexes are not proposed in the Specific Plan. Table 4: Existing Multifamily Projects in the 2-Mile Zone Property Address Property Name Year Built Avg Unit SF No. of Units Avg Asking Rent/Unit Avg Asking Rent/SF Parking Spaces per DU Vacancy % Studio Rent 1-Bdrm Rent 2-Bdrm Rent 3-Bdrm Rent 400 Enclave Cir The Enclave at South Coast 2008 874 890 $3,086 $3.53 1.300 2.27% $0 $2,802 $3,388 $0 3400 Avenue of the Arts 3400 Avenue of the Arts Apts 1987 937 770 $2,852 $3.04 1.560 2.69% $2,199 $2,597 $3,282 $0 1601 W Macarthur Blvd The Aspens South Coast 1976 896 642 $2,634 $2.94 1.090 7.94% $0 $2,344 $3,078 $0 655 Baker St South Pointe 1942 720 440 $2,674 $3.71 1.480 6.36% $0 $2,382 $2,926 $3,890 3700 Plaza Dr Versailles On The Lake Apts 1973 830 364 $2,573 $3.10 1.790 3.41% $2,002 $2,530 $3,174 $3,815 15 MacArthur Pl Essex Skyline at MacArthur Place 2008 1,547 350 $5,265 $3.40 1.000 5.35% $0 $3,825 $5,442 $14,759 3124 S Main St Reserve at South Coast 1974 767 349 $2,628 $3.42 1.290 2.01% $1,996 $2,344 $2,851 $0 100 E MacArthur Blvd The Marke 2014 941 300 $3,131 $3.33 1.500 0.75% $0 $2,655 $3,608 $4,149 1000 S Coast Dr The Cape Apartments 1987 738 296 $2,724 $3.69 1.180 9.29% $0 $2,415 $3,007 $3,690 3400 S Main St 3400 South Main 1969 967 288 $2,397 $2.48 1.150 10.07% $0 $2,250 $2,629 $0 550 Paularino Ave Park Mesa Villas 1976 682 276 $2,331 $3.42 1.270 0.72% $0 $2,271 $2,549 $0 635 W Baker St Newport Village 1972 658 276 $2,243 $3.41 1.450 4.35% $2,129 $2,091 $2,936 $0 555 Paularino Ave Eaves South Coast 1973 805 258 $2,614 $3.25 1.250 4.39% $0 $2,361 $3,120 $0 1101 W Stevens Ave South Coast Racquet Club 1972 806 256 $2,453 $3.04 1.440 4.74% $0 $2,137 $2,980 $0 31 E MacArthur Crescent Dr Pinnacle at MacArthur Place 2002 1,059 253 $2,932 $2.77 3.160 6.63% $0 $2,482 $3,266 $0 580 Anton Blvd 580 Anton 2018 867 250 $3,232 $3.72 6.80% $2,396 $2,887 $3,996 $0 1142 Buckingham Dr Wimbledon Glen 1985 929 244 $2,883 $3.10 1.640 7.36% $2,330 $2,780 $3,298 $0 805 W Stevens Ave Park Plaza Apartments 1972 955 243 $2,636 $2.76 0.620 6.32% $0 $0 $2,307 $3,028 125 Baker St E Baker Block 2018 919 240 $3,349 $3.64 1.940 2.92% $2,699 $3,085 $3,765 $4,580 651 Sunflower Ave Bloom 2023 811 226 $3,116 $3.84 4.35% $2,590 $2,847 $3,793 $0 3600 Aspen Village Way Aspen Village 1984 1,004 200 $3,271 $3.26 1.500 5.00% $0 $2,775 $3,576 $0 Average/Total 892 7,411 $2,910 $3.28 1.33 4.70% $2,187 $2,536 $3,399 $3,505 *Note: Blank spaces indicate that data was not available. This listing includes 21 multifamily projects in the 2-Mile Zone, totaling 7,411 rental units, an average of 350 units per property. Since DTA does not have a specific breakdown of the proposed unit sizes nor bedroom counts in the Specific Plan, we have chosen to use composite data in forming our conclusions. Exhibit 10 City Council 22 – 537 9/17/2024 15 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com We identified the largest multifamily project as The Enclave at South Coast, which contains 890 units. The largest unit sizes are in The Essex Skyline at MacArthur Place in the Hutton Center. The average vacancy for the projects is 4.7%. The highest vacancy is in the 2-story 3400 South Main building that was completed in 1969, more than 50 years ago. Other high-vacancy buildings include two 2-story complexes, specifically The Cape Apartments that were opened in 1987 and The Aspens South Coast that was completed in 1976. The predominant bedroom counts are the one- bedroom (47.3%) and two-bedroom (42.9%) plans with an average size of 893 SF. Below is a schedule summarizing the product mix of multifamily projects in the 2-Mile Zone, including the unit’s average size and bedroom count. Exhibit 10 City Council 22 – 538 9/17/2024 16 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 5: Existing Bedroom Counts Property Address Property Name Unit Count Unit Size Studios Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units Total Studio Units SF 1-Bdrm Units SF 2-Bdrm Units SF 3-Bdrm Units SF Average Size 400 Enclave Cir The Enclave at South Coast 0 459 431 0 890 0 726 1,031 0 874 3400 Avenue of the Arts 3400 Avenue of the Arts Apts 85.008 349 336 0 770.008 539 756 1,228 0 938 1601 W Macarthur Blvd The Aspens South Coast 0 388 254 0 642 0 756 1,112 0 897 655 Baker St South Pointe 0 232 192 16 440 0 577 862 1,120 721 3700 Plaza Dr Versailles On The Lake Apts 179.998 60 76 48 363.998 568 789 1,185 1,300 830 15 MacArthur Pl Essex Skyline at MacArthur Place 0 44 305 1 350 0 1,161 1,598 2,834 1,547 3124 S Main St Reserve at South Coast 1.0121 152 196 0 349.0121 420 672 844 0 768 100 E MacArthur Blvd The Marke 0 158 128 14 300 0 749 1,132 1,374 942 1000 S Coast Dr The Cape Apartments 0 160 120 16 296 0 593 890 1,056 738 3400 S Main St 3400 South Main 0 176 112 0 288 0 850 1,150 0 967 550 Paularino Ave Park Mesa Villas 0 216 60 0 276 0 625 890 0 683 635 W Baker St Newport Village 124.0068 108 44 0 276.0068 520 710 920 0 658 555 Paularino Ave Eaves South Coast 0 172 86 0 258 0 682 1,050 0 805 1101 W Stevens Ave South Coast Racquet Club 0 160 96 0 256 0 702 981 0 807 31 E MacArthur Crescent Dr Pinnacle at MacArthur Place 0 108 145 0 253 0 729 1,305 0 1,059 580 Anton Blvd 580 Anton 5 165 80 0 250 506 745 1,144 0 868 1142 Buckingham Dr Wimbledon Glen 49.9956 102 92 0 243.9956 505 942 1,146 0 929 805 W Stevens Ave Park Plaza Apartments 0 0 132 111 243 0 0 884 1,041 956 125 Baker St E Baker Block 31.008 108 93 8 240.008 623 789 1,124 1,452 919 651 Sunflower Ave Bloom 39.0076 112 75 0 226.0076 607 685 1,106 0 811 3600 Aspen Village Way Aspen Village 0 76 124 0 200 0 807 1,126 0 1,005 Average/Total 515 3,505 3,177 214 7,411 551 728 1,113 1,152 893 We conclude that despite current market dynamics resulting from existing Federal Reserve Bank policies, IPP cap rates in the City have moved less than those nationwide. Another significant conclusion that may be made from the information above is that the current multifamily vacancy rate in the City is low. The result of this low vacancy rate puts upward pressure on rental rates since landlords have the flexibility to increase rates with less concern about tenant’s turnover. Exhibit 10 City Council 22 – 539 9/17/2024 17 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Current rental rates in the Santa Ana area exceed those of the County. Table 6 reflects rental rates as of April 2023, per CoStar, and our proposed rental information for the Project site. Table 6: Rents in April 2023 Description Studio SF Studio Rent One-Bedroom SF 1-Bedroom Rent Two-Bedroom SF 2-Bedroom Rent Three-Bedroom SF 3-Bedroom Rent Orange County 565 SF $1,929 730 SF $2,184 1,113 SF $2,698 1,152 SF $3,026 2-Mile Zone 551 SF $2,167 750 SF $2,513 1,050 SF $3,305 1,152 SF $3,505 In addition, as shown in Figure 11, CoStar forecasts rent growth in the 2-Mile Zone of about 2.0% annually for both the City and County. Exhibit 10 City Council 22 – 540 9/17/2024 18 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com G.1 Multifamily Rental Discussion We were not provided with detailed information from the Developer on the product offerings for the 3,750 multifamily units to be built-out on the Project site. However, based upon the information provided, our research identified that the Project should contain an average multifamily unit approximately 900 SF in size that would accommodate a mix of studio, one-bedroom, and two-bedroom apartments. We also reviewed a computer rendering of the site (Figure 10) included in the Specific Plan that led us to believe most multifamily buildings would be up to 8 stories, as permitted by the City Zoning Code. This assumption is further supported by the need for a high-density product to accommodate 3,750 residential units on about 25 acres, which yields an overall density of about 150 units per acre. Below is a schedule of acres and units provided by the Developer that summarizes their proposed density. Table 7: Project Density Phase Total Phase Acres Residential Acres Units in Phase Implied Density Per Acre Phase 1 19.47 10.29 2,375 DU 231 DU/Ac Phase 2 14.10 5.79 822 DU 142 DU/AC Phase 3 9.50 8.96 553 DU 62 DU/AC Total 43.07 25.04 3,750 DU 150 DU/AC Although the Specific Plan does not contain proposed building configurations, DTA developed a model to determine if the proposed product mix would be feasible and accommodate the proposed density. With the proposed target densities, DTA’s first task was to confirm that the property could accommodate the targeted densities, especially the 231 multifamily units per acre proposed in Phase 1. As can be seen from the table below, the highest density of 230 units per acre could be achieved in an 8-story building that covered 80% of a parcel, with the first floor set aside for retail. This further assumes the average unit size is 900 SF and that 15% of each floor is set aside for non-residential space. Figure 11: Rent per Bedroom Count Exhibit 10 City Council 22 – 541 9/17/2024 19 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 8: Confirmation that Product Mix is Achievable Description 50% Lot Coverage 60% Lot Coverage 70% Lot Coverage 80% Lot Coverage Lot Coverage % 50.00% 60.00% 70.00% 80.00% Size 1.00 AC 1.00 AC 1.00 AC 1.00 AC Building SF (Coverage) 21,780 SF 26,136 SF 30,492 SF 34,848 SF Building Floors 8 8 8 8 Building SF per Acre 174,240 SF 209,088 SF 243,936 SF 278,784 SF First Floor Retail (21,780) (26,136) (30,492) (34,848) Residential SF 152,460 SF 182,952 SF 213,444 SF 243,936 SF Non-Rentable SF 15.00% 15.00% 15.00% 15.00% Rentable SF 129,591 SF 155,509 SF 181,427 SF 207,346 SF Average Unit Size 900 SF 900 SF 900 SF 900 SF Total Units 143 DU 172 DU 201 DU 230 DU Total Units per Acre 143/AC 172/AC 201/AC 230/AC Table 5 suggests that the average for multifamily products within the 2-Mile Zone is 893 SF. It also indicates that the product mix of studio, one-bedroom, two-bedroom, and three-bedroom units varies from product to product. DTA rounded the size of each unit to 900 SF, allowing the Developer to determine a future preferred product mix. Since 2014, there have been less than 1,100 multifamily units built-out in the 2-Mile Zone marketplace, with the most recent being The Bloom, a 226-unit project on Sunflower Avenue. The Project was absorbed as soon as the units were available to the public. The Specific Plan will be delivering 3,750 units beginning in 2026 and ending in 2035, a period of 10 years requiring the absorption of about 370 units per year. Based upon the low vacancy in the 2-Mile Zone, DTA believes the market should be able to absorb these units as they are delivered. DTA evaluated many multifamily sites over the past 40 years and has applied our experience to determine the value of a single unit and each proposed unit. The first step in evaluating a multifamily building is to make estimates related to revenues and expenses. DTA assumed an average unit size of 900 SF and a rental rate of $3.50 per SF, which we increased by 4.0% to account for rent premiums related to the urban village character of the Project, community amenities, and height attributes. DTA assumed a vacancy rate of 5.0% and Exhibit 10 City Council 22 – 542 9/17/2024 20 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com combined adjustments to NOI (both expenses and reserves) equal to 38.0%. DTA concluded that a cap rate of 4.5% would be appropriate for this property. Below is a table summarizing the value of the 3,750 multifamily units. Table 9: Value of Residential Units Description Units Market Rent per SF Rent Premiums Square Feet Market Rent per Unit Vacancy Net Operating Expenses Capital Reserve Net Operating Income Market Cap Rate Market Sales Price per Unit Net Asset Value 4.00% 5.00% 35.00% 3.00% Single Unit 1 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $498,000 Block 1 Residential 108 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $53,784,000 Block 2 Residential 105 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $52,290,000 Block 3 Residential 202 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $100,596,000 Block 6 Residential 170 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $84,660,000 Block 7 Residential 373 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $185,754,000 Block 8 Residential 88 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $43,824,000 Block 9 Residential 106 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $52,788,000 Block 10 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $110,556,000 Block 11 Residential 552 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $274,896,000 Block 12 Residential 289 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $143,922,000 Block 14 Residential 680 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $338,640,000 Block 15 Residential 222 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $110,556,000 Block 18 Residential 335 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $166,830,000 Block 19 Residential 298 DU $3.50 $0.14 900 SF $3,276 ($164) ($1,147) ($98) $1,867 4.50% $498,000 $148,404,000 Totals 3,750 DU $3.50 $0.14 3,375,000 SF $12,285,000 ($614,250) ($4,299,750) ($368,550) #7,002,450 4.50% $498,000 $1,867,500,000 Exhibit 10 City Council 22 – 543 9/17/2024 21 SECTION V RESIDENTIAL PROJECTS PROPOSED IN THE SPECIFIC PLAN Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com G.2 Multifamily Market Research Conclusion In order to review the multifamily revenue, information was obtained from CoStar for projects both within the County and a 2-Mile Zone of the Project site. Since we were not provided with the product mix, DTA reviewed the data provided by CoStar to generate an average square footage for a unit in the Project’s boundaries and determined that an average of 900 SF was appropriate, allowing for a mix of studio, one-bedroom, and two-bedroom units. Since the Specific Plan does not contain apartment floor plans or an amenity package, DTA concluded that these features would be similar to those in nearby programs. Our data led us to determine that the monthly rent would be approximately $3.50 per square foot, with the potential premium of 4% due to building heights, amenity packages, and inclusion in the proposed urban village. The average vacancy for similar units in the 2-Mile Zone is 5.0%. DTA also estimated that net operating expenses would be 35% of revenues, with a capital reserve equal to 3.0%. This generated an NOI of $1,867 per month at a 4.5% cap rate. Our conclusion was that a single 900 SF unit would have a market value of $498,000. Due to the limited market supply of housing units in the city and surrounding area, which results in higher rent prices and low vacancies, the proposed units could be absorbed into the market area. It is important to note that DTA did not include rental appreciation even though historical data indicates prior annual appreciation of 4.5% and future appreciation of 2.2% per year. We also assumed that vacancies, net operating expenses, and capital reserves would not increase. Exhibit 10 City Council 22 – 544 9/17/2024 22 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com VI RETAIL MARKET RESEARCH The Specific Plan includes 350,000 SF of retail space, generally located on the first floor of the residential buildings, although the Specific Plan indicates some standalone retail buildings, such as the proposed grocery store that will replace the current Vons grocery store. This planned retail space will replace the approximately 465,000 SF of existing retail space. The Specific Plan indicates construction commencing for the first phase in 2026, the second phase in 2030, and the third phase in 2033. In most cases, retail leases are less than 10 years (although some offer tenant extension), and this should allow the owner to coordinate tenant moveouts in accordance with construction phasing. If there are existing tenant leases that could impact construction timing, the owner may incur lease termination costs to entice existing tenants to abandon their existing locations. As shown in Table 10, the majority of the retail buildings in the 2-Mile Zone were built between 1970 and 1986, with some buildings undergoing restoration between 1999 and 2002. Retail space is evolving due to many factors, as listed below. 1. Shoppers expect improved merchandising, data-driven advice, and the ability to customize product offerings. Where previous retailers were only able to offer merchandise in the store, in the current environment, customers expect that that if the merchandiser does not have the proper size or color on hand, it can be ordered from a remote location and delivered to them by Amazon (or equivalent) within 24 hours. In each retail store, sales personnel also have access to customer data, such as rewards programs and previous customer purchasers, intended to improve the buying experience. 2. Customers expect features that enhance their shopping experience. Sales personnel will focus on brand building and improved use of data, such as mobile phone apps that inform shoppers of promotions, QR codes, and smart displays that deliver personized messages to anticipate customer needs, thereby facilitating the sales process. In some cases, the physical store is just a showroom, with the actual product shipped from a remote location. 3. The new retail store must be connected to “Big Data.” A phone app should enable the customer to identify the location of a product within a store. This becomes more important for larger stores and minimizes the time necessary to find a specific product. Also, many retailers use data collection to “follow” a customer throughout the facility and add this data to their customer database to offer promotions for future visits. Exhibit 10 City Council 22 – 545 9/17/2024 23 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com 4. Younger customers, such as Gen Y (born between 1981 to 1996) and Gen Z (born between 1997 to 2010), have grown up in the digital world and expect a seamless retail experience. Unlike earlier generations, these customers are unafraid of technology and sharing data if they believe it will benefit them. As Gen Alpha (born after 2010) become more experienced shoppers, their expectations will further enhance the need for retailers to provide even better shopping experiences based upon Big Data. 5. In order to improve the shopper’s experience, the new retailer has to adapt to the changing world, which may require them to share data with suppliers, last-mile fulfillment firms, and possibly even competitors to improve the shopping experience with the goal to increase revenues and decrease costs. 6. The combination of an urban village that integrates residential units with nearby retail will increase the walkability of the Specific Plan area by permitting shoppers to have easy access to shops, with the result that shopper traffic should increase for the new retail shops. 7. The proximity of retail and residential uses will encourage residents to rely more on direct delivery for groceries, takeout meals, and the purchase of consumer products that can be delivered directly to the doorstep within 24 hours. This may also require that retail locations allocate space to these delivery services. 8. According to our site visit, many of the buildings in the Metro Town Square have relatively low ceilings that are not conducive in the current market. Most current retailers prefer higher ceilings to provide a comfortable environment for customers and a place to hang signs and mount security cameras. Higher ceilings also provide more room for stacking inventory, both on the display floor and in the warehouse. These factors will drive retail users to demand different uses of retail space. For example, much less space may be allocated to storerooms since the retailer will not be required to maintain inventory on-site. The new retail location must be linked directly to Big Data, either through in-store data collection devices or the use of a smart phone, as demonstrated by the Apple Store. The new retail facilities will be required to upsize their electrical systems to accommodate their new data collection systems and dissemination of information needs. As ridesharing becomes more acceptable, the need for substantial parking fields will become less important and those that offer electronic charging stations will attract customers that can shop while their care is charging. These changes will permit less land to be allocated to parking and more space to retail shops. If the Developer responds to these factors, the conversion of the Specific Plan property from its current “obsolete” retail space to retail space tailored to the new market dynamics meeting the wants and needs of the shopper should achieve commercial success. Exhibit 10 City Council 22 – 546 9/17/2024 24 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com As shown in Figure 12, the current retail market in the 2-Mile Zone is robust, with an overall occupancy rate of 98.3%. The selected data includes more than 2 million SF of retail space with only 32,000 SF available, which is indicative of a strong market. While all of the retail within the Specific Plan area will be demolished, the phasing of the residential construction will permit some current tenants to relocate as space becomes available. This should allow the Project to have move-in ready tenants that will relocate as soon as space becomes available. Therefore, DTA has concluded that the Project will not endure typical absorption issues with the proposed square footage of retail space. Additional square footage of retail space would have diminishing returns as a result of a longer absorption period and higher vacancy. Further, additional retail space could offset other building area dedicated to residential or parking, which reduces the potential customer base for the businesses occupying the retail space and the viability of the residential portion of the project. With the current conceptual site plan, additional retail space may require multilevel (i.e., second floor space) due to ground-level space being already committed to the current uses. Figure 12: Rent per Bedroom Count Exhibit 10 City Council 22 – 547 9/17/2024 25 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 10: Summary of Existing Retail Properties* Property Address Building Park Property Type Building Status Owner Name Submarket Name Year Built Year Renovated No. of Parking Spaces Parking Ratio Rentable Area Space Leased Direct Vacant Space Percent Leased Operating Costs Per SF 2110-2148 S Bristol St Bristol & Warner Marketplace Retail (Neighborhood Center) Existing Au Zone Santa Ana LLC Santa Ana 1979 0 594 4.80 111,405 111,405 1,481 100% $2.58 3640-3752 S Bristol St Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 2002 129,461 124,839 4,628 96% $3.65 3300 S Bristol St Target Retail Existing Dayton-Hudson Corp Santa Ana 1986 0 300 2.86 119,343 119,343 0 100% $2.05 2110-2148 S Bristol St Bristol & Warner Marketplace Retail (Neighborhood Center) Existing Au Zone Santa Ana LLC Santa Ana 1979 0 594 4.80 111,405 111,405 1,481 100% $2.58 3816-3923 S Bristol St Bristol Center Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 0 375 4.24 102,055 97,258 7,200 95% $3.67 3719-3785 S Plaza Dr Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1973 2002 6.00 70,520 70,520 0 100% $6.70 3309 S Bristol St Bristol Plaza Retail (Community Center) Existing 3309 South Bristol St LLC Santa Ana 1972 0 178 3.78 47,141 47,141 0 100% $2.99 3814-3816 Bristol St Bristol Sunflower Plaza Retail (Power Center) Existing Susan Elizabeth Gisler Santa Ana 1972 0 114 4.43 17,529 10,786 6,744 62% $3.02 3019-3047 Bristol St Bristol Center Retail (Neighborhood Center) Existing Red Mountain Retail Group, Inc. Santa Ana 1977 0 178 7.35 16,944 16,944 0 100% $6.12 3370-3400 S Bristol St Bristol Place Retail (Strip Center) Existing Johanna Kim Santa Ana 1986 0 100 8.01 12,477 5,529 6,948 44% 3941 S Bristol Sunflower Plaza Retail (Strip Center) Existing SunflowerMetro LLC Santa Ana 1978 0 43 3.58 12,000 12,000 0 100% 3310-3338 S Bristol St Bristol Place Retail (Strip Center) Existing Johanna Kim Santa Ana 1986 0 54 4.82 11,212 11,212 0 100% 3605-3614 S Bristol St Bristol Center Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 110 7.39 10,920 7,983 2,938 73% $7.06 3820 S Bristol St Bristol Sunflower Plaza Retail (Power Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 60 6.36 9,440 9,440 0 100% $3.54 3929 S Bristol St Sunflower Plaza Retail (Strip Center) Existing SunflowerMetro LLC Santa Ana 1979 0 9,000 9,000 0 100% 3608 S Bristol St Metro Town Square Retail (Community Center) Existing Susan Elizabeth Gisler Santa Ana 1974 0 8,426 8,426 0 100% $3.19 3357 S Bristol St Bristol Plaza Retail (Community Center) Existing Brixmor Santa Ana 1972 0 20 2.38 8,400 8,400 0 100% $2.59 3365 S Bristol St Bristol Plaza Retail (Community Center) Existing Brixmor Property Group Inc. Santa Ana 1972 0 32 3.83 8,360 8,360 0 100% $3.17 2911 S Bristol St Hustler Hollywood Retail Existing Amir Shirian Santa Ana 1973 2021 8,000 8,000 0 100% $1.28 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 1999 13,975 7.00 717,644 717,644 0 100% 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 254,634 254,634 0 100% $1.57 3333 Bristol St Bloomingdale's Retail (Super Regional Mall) Existing Macy's, Inc. Costa Mesa 1967 0 176,000 174,205 1,790 99% $2.75 3333 Bristol St South Coast Plaza Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 80 4.94 16,196 16,196 0 100% 3333 Bristol St Maggiano's Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1983 0 106 7.00 12,161 12,161 0 100% 3333 Bristol St Sears Auto Center Retail (Super Regional Mall) Existing CJ Segerstrom & Sons Costa Mesa 1967 0 68 7.00 10,532 10,532 0 100% Total 16,981 5.29 2,011,205 1,983,362 33,210 98.3% $2.91 *Note: Blank spaces indicate that data was not available. Exhibit 10 City Council 22 – 548 9/17/2024 26 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com According to CoStar, there is 5,965,139 SF of retail space within the 2-Mile Zone with only 131,000 vacant SF, a vacancy rate of 2.0%. DTA also observed that the asking rent in the 2-Mile Zone is currently $33.46 per SF pr year. Based upon this information, we are estimating that the rent for the ground-floor retail space will start at $36.00 per SF per year. CoStar is estimating net operating costs in the selected sample at about 8.1% ($2.91/$36.00), as shown in Table 10. For our analysis, DTA rounded this to 10.0% since many older buildings have deferred maintenance. In accordance with current operators, we have estimated that an owner will allocate 3.0% to capital reserves that are used to improve space as it ages and also to provide funds to upgrade space to remain competitive in the marketplace. Finally, DTA reviewed current cap rates, as shown in Figure 13. This schedule summarizes cap rates by a product star system in which five stars is best and one star is the poorest. The below items in italics are quotes from a CoStar document titled CoStar Building Rating System. “The CoStar Building Rating SystemSM is a national rating for commercial buildings on a universally recognized 5 Star scale. Historically the industry has lacked a centralized system for evaluating buildings using specific standards developed for each property type. The extensive, standardized property information collected by CoStar Research makes such a national building rating system possible. The rating system considers the building separately from its immediate vicinity, with the exception of retail properties. This distinction enables the rating system to address the intrinsic quality of a specific building, with the understanding that a range of building quality may exist in any given location. A building considered to be Class A quality in one market may not qualify as Class A in another. However, because ratings are based on specific standards developed for each property type and consistently applied across different markets, a 4 Star building, for example, is expected to be comparable with all other 4 Star buildings across all markets. Figure 13: Market Cap Rate by Star Rating Exhibit 10 City Council 22 – 549 9/17/2024 27 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Buildings are rated through an examination of the design and construction of a building. For example, the type of exterior materials, the quantity and quality of windows and the lobby finishes present in office buildings; the ceiling height and number of loading docks in warehouses and distribution centers; the entrances and parking areas for retail properties; and the types of finishes offered in the units of multi-family buildings. These examples, as well as many other factors all have an effect on a building’s rating. The multitude and diversity of decisions that are made when designing, constructing, renovating and managing a building creates a built environment in which no building is identical to another, even when of the same property type. However, CoStar tracks the entire range of buildings, from skyscrapers in large cities to single story buildings in smaller markets.” At the time of this Report, the draft Specific Plan did not contain a product mix for the various retail sites, except that the Specific Plan discusses a space large enough for a full-size grocery store. We assumed the 350,000 SF of retail space will target the needs of those living in the proposed urban village, such as specialty retail, dry cleaners, ice cream stores, liquor stores, coffee shops, gyms, and banks. A specialty retailer focuses on selling a specific product category or product line rather than offering general consumer goods. We also believe that shoppers will be attracted to the new retail space due to the ease of access to and from the proposed underground parking complex. We have assumed the retail venues will be designed to achieve a five-star rating. As shown in Figure 13, a five-star rating earns a lower cap rate than a lower rating. Based upon this, DTA has assumed a cap rate of 4.75% for general retail and 4.50% for grocery store(s). Grocery stores in traditional neighborhood commercial centers generally enjoy lower rental rates than other tenants, primarily since a grocery store will generate significant traffic that benefits other shops. However, since there will be more than 6,750 residents living within the community, it is not necessary for a grocery store to generate significant additional traffic since there will be foot traffic from the individuals residing within the Specific Plan area. DTA interviewed Al Marasca, the retired president of Ralphs, one of the largest grocery chains in Southern California, and he confirmed that based upon company policies, Ralphs would be interested in entering this market. In general, their philosophy was that if there were an additional 8,000 residents within a defined shopping area, his former company would invest in the community. He also acknowledged that the addition of 6,750 residents within this urban village could capture new residents that would provide a strong incentive for his former company to open a new facility within the Specific Plan area. Exhibit 10 City Council 22 – 550 9/17/2024 28 SECTION VI RETAIL MARKET RESEARCH Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Below is a summary of our findings regarding the proposed NAV generated by the retail properties. Table 11: NAV Planning Area Description Block Square Feet Monthly Rent Scheduled Rent Vacancy Net Operating Expenses Capital Reserve Vacancy Oper. Exp and Cap Reserve Net Operating Income Market Cap Rate Net Asset Value Planning Area 2 Ground Floor Retail Block 11 31,004 SF $3.00 SF/Mth $1,116,144 5.00% 10.00% 3.00% ($200,906) $915,238 4.75% $19,268,000 Planning Area 4 Ground Floor Retail Block 12 16,216 SF $3.00 SF/Mth $583,776 5.00% 10.00% 3.00% ($105,080) $478,696 4.75% $10,078,000 Planning Area 8 Retail - Grocery Anchored Block 14 38,269 SF $3.00 SF/Mth $1,377,684 5.00% 10.00% 3.00% ($247,983) $1,129,701 4.50% $25,104,000 Planning Area 10 Ground Floor Retail Block 15 12,454 SF $3.00 SF/Mth $448,344 5.00% 10.00% 3.00% ($80,702) $367,642 4.75% $7,740,000 Planning Area 17 Ground Floor Retail Block 18 18,810 SF $3.00 SF/Mth $677,160 5.00% 10.00% 3.00% ($121,889) $555,271 4.75% $11,690,000 Planning Area 19 Ground Floor Retail Block 19 16,735 SF $3.00 SF/Mth $602,460 5.00% 10.00% 3.00% ($108,443) $494,017 4.75% $10,400,000 Planning Area 20 Neighborhood Retail Block 20 25,167 SF $3.00 SF/Mth $906,012 5.00% 10.00% 3.00% ($163,082) $742,930 4.75% $15,641,000 Planning Area 31 Ground Floor Retail Block 3 19,070 SF $3.00 SF/Mth $686,520 5.00% 10.00% 3.00% ($123,574) $562,946 4.75% $11,852,000 Planning Area 33 Ground Floor Retail Block 7 35,156 SF $3.00 SF/Mth $1,265,616 5.00% 10.00% 3.00% ($227,811) $1,037,805 4.75% $21,849,000 Planning Area 35 Ground Floor Retail Block 10 20,886 SF $3.00 SF/Mth $751,896 5.00% 10.00% 3.00% ($135,341) $616,555 4.75% $12,980,000 Planning Area 41 Ground Floor Retail Block 1 21,794 SF $3.00 SF/Mth $784,584 5.00% 10.00% 3.00% ($141,225) $643,359 4.75% $13,544,000 Planning Area 43 Ground Floor Retail Block 2 21,015 SF $3.00 SF/Mth $756,540 5.00% 10.00% 3.00% ($136,177) $620,363 4.75% $13,060,000 Planning Area 49 Ground Floor Retail Block 6 34,247 SF $3.00 SF/Mth $1,232,892 5.00% 10.00% 3.00% ($221,921) $1,010,971 4.75% $21,284,000 Planning Area 51 Ground Floor Retail Block 8 17,772 SF $3.00 SF/Mth $639,792 5.00% 10.00% 3.00% ($115,163) $524,629 4.75% $11,045,000 Planning Area 53 Ground Floor Retail Block 9 21,405 SF $3.00 SF/Mth $770,580 5.00% 10.00% 3.00% ($138,704) $631,876 4.75% $13,303,000 Total/Average 350,000 SF $1,050,000 $12,600,000 ($630,000) ($1,260,000) ($378,000) ($2,268,000) $10,332,000 4.72% $218,838,000 Exhibit 10 City Council 22 – 551 9/17/2024 29 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com VII HOSPITALITY The hospitality market in the 2-Mile Zone includes more than 14,000 units comprising 4,643 classified as Luxury and Upper Upscale, 5,746 as Upper Midscale, and 3,915 considered as Midscale or Economy. Since we believe the proposed 250-unit hotel will be in the Upper Upscale category, our analysis will focus on these products. As a result of COVID-19, hotel occupancy in the 2-Mile Zone fell from 77% to 40% in August 2021. However, it has rebounded and is now back to 73% occupancy. RevPAR is a significant metric for hotel operators. RevPAR shows revenue generated per room regardless of whether rooms are occupied or vacant. It is calculated by dividing actual room revenue by potential room revenue, as if all rooms were occupied. The total revenue includes all hotel revenues related to rooms, food service, and beverages and revenue generated by other income-producing departments. An increase in RevPAR is often interpreted as either an increase in average room rate or an increase in room occupancy. Since there are two metrics involved, an increase in RevPAR does not necessarily mean that a building is performing better. Like most financial metrics, RevPAR is limited because it does not identify whether the room rate or occupancy is either increasing or decreasing. However, it is a useful tool to compare one project to another. According to CoStar, the 12-month occupancy rate in the 2-Mile Zone was 73.9%, with an average room rate of $194.55 yielding a RevPAR of about $143.41. In general, this indicates a strong hospitality market. It should also be noted that the Luxury and Upper Upscale properties generated RevPAR close to $180 per room. We obtained information for competitive full-service hotels within the the 2-Mile Zone that we thought should be evaluated as possible competitors to the hotel proposed in the Specific Plan. This information is summarized below. For properties that did not have a metric, such as parking at the Westin South Coast Plaza, we left the information blank. Based upon the information provided by the Developer, DTA concluded the Westin South Coast Plaza would be a property that it would target as its competitor since it is a full-service 4 Star property with Figure 14: Hotel Occupancy in the 2-Mile Zone Figure 15: RevPAR by Class Exhibit 10 City Council 22 – 552 9/17/2024 30 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com more than 15 floors and over 30,000 SF of meeting space. Table 12: Selected Hotels in the 2-Mile Zone Property Name No. of Stories Rooms Land Area (SF) Total Mtg Space No. of Parking Spaces Adv. Room Rent Hotel Class Star Rating Brand Year Built Year Renovated Hilton Orange County Costa Mesa 7 486 252,648 32,379 535 $194 Upper Upscale 4 Hilton 1970 2014 Westin South Coast Plaza Costa Mesa 15 393 129,373 33,952 $244 Upper Upscale 4 Westin 1975 2008 Avenue Of The Arts Costa Mesa 5 238 130,680 5,000 250 $234 Upper Upscale 4 Tribute Portfolio 1986 0 Marriott Costa Mesa 11 253 131,155 3,072 $237 Upper Upscale 4 Marriott 1989 2004 Marriott Irvine 17 496 465,656 26,645 600 $339 Upper Upscale 4 Marriott 1983 0 Hilton Irvine Orange County Airport 10 306 288,803 18,036 414 $203 Upper Upscale 4 Hilton 1985 2016 Embassy Suites by Hilton Irvine Orange County Airport 10 293 86,684 2,199 534 $155 Upper Upscale 4 Embassy Suites by Hilton 1986 2008 Embassy Suites by Hilton Santa Ana Orange County Airport 7 301 164,156 7,251 350 $125 Upper Upscale 4 Embassy Suites by Hilton 1984 0 Marriott Newport Beach Bayview 9 254 214,568 3,798 297 $279 Upper Upscale 4 Marriott 1988 2018 Renaissance Newport Beach Hotel 10 444 322,344 16,815 450 $184 Upper Upscale 4 Renaissance 1983 0 Hyatt Regency John Wayne Airport Newport Beach 7 343 267,894 21,000 219 $198 Upper Upscale 4 Hyatt Regency 1974 0 Best Western Plus Newport Mesa Inn 3 97 56,628 3,000 $219 Upper Midscale 3 Best Western Plus 1984 0 Hampton by Hilton Inn & Suites Irvine Orange County Airport 4 164 43,560 2,511 $177 Upper Midscale 3 Hampton by Hilton 2018 0 Atrium Hotel Orange County 3 210 278,784 6,300 $169 Upper Midscale 3 1969 0 Total Upscale Rooms is 2-Mile Zone 4,278 Overall Average 570 3,649 $211 Upper Upscale 346 $218 Upper Midscale 157 $173 As a result, we based our daily room rates on the data presented in Table 12. Although the advertised room rate for the Westin South Coast Plaza is $244 per night, we chose to use an average room rate of $210 for the proposed hotel. We believe that the Westin South Coast Plaza’s affiliation with the Hilton Flag drives significant guests to it and, since there are no comments in the Specific Plan that the hotel would be flagged, we adjusted the room rate downward. Further, since most Upper Upscale business hotels have established long-term relationships with corporate clients, we felt these long-term relationships would continue to direct corporate business to them. Until we obtain additional information, we have concluded that a daily room rate of $210 was representative of the future. We further believe that once the proposed hotel gains a reputation, its revenue could approach that of the Westin South Coast Plaza. The next step in determining total hotel revenue is to estimate the RevPAR revenues. These include food sales, beverage sales, technology revenues, and minor departments. The first two categories are self- explanatory. Technology revenues relate to internet, phone service, TV-streaming services, and others guest services. Minor department revenues include garage facilities, in-house laundry, health clubs and swimming pools, and retail shops. These departmental revenues make up more than 26% of total hotel revenues. We reduced department revenues by corresponding department expenses. In addition to department income and expenses, hotels incur “Undistributed Operating Expenses.” These expenses include administration and general operating, marketing, management fees, franchise fees, energy, operations and maintenance, insurance, and property taxes. Table 13: Hotel NAV Hotel Percentage Daily Room Rent Daily Revenue Annual Revenue % of Total Base Room Rent $210.00 $52,500 $19,162,500 104.66% Exhibit 10 City Council 22 – 553 9/17/2024 31 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Vacancy (30.00%) ($15,750) ($5,748,750) (31.40%) Rev Par $147.00 $36,750 $13,413,750 73.26% Food Sales 16.00% $23.52 $5,880 $2,146,200 11.72% Beverage Sales 7.50% $11.03 $2,756 $1,006,031 5.49% Technology 3.00% $4.41 $1,103 $402,413 2.20% Minor Departments 10.00% $14.70 $3,675 $1,341,375 7.33% Total Non-RevPAR Income $53.66 $13,414 $4,896,019 26.74% Gross Hotel Revenue $200.66 $50,164 $18,309,769 100.00% Hotel Expenses Department Expenses ($63.43) ($15,858) ($5,788,033) (31.61%) Undistributed Operating Expenses ($60.27) ($15,068) ($5,499,638) (30.04%) Fixed Charges ($6.62) ($1,653.75) ($603,618.75) ($0.03) Capital Reserves for FF& E ($2.94) ($735.00) ($268,275.00) ($0.01) Total Expenses and Reserves ($133.26) ($33,314) ($12,159,564) (66.41%) Net Operating Income $67.40 $16,850 $6,150,204 33.59% Net Asset Value @ 6.5% 6.50% $94,619,000 We reduced the hotel income by hotel expenses to determine NOI. As described above, one of the significant variables to evaluate an IPP is the assumed cap rate. Figure 16 depicts a summary of existing cap rates by hotel class. We believe the proposed hotel will be similar to the Westin South Coast Plaza, which qualifies as an Upper Upscale property. This led us to determine that a cap rate of 6.5% is appropriate. Therefore, we concluded that with a NOI of $6,150,000, the value of the proposed hotel would be about $95,000,000. After we established the value of the proposed hotel, the next step to determine the viability of a hotel is to identify the costs required to construct the hotel. Table 14 provides a summary of costs incurred in constructing a hotel of that quality. We estimated that vertical construction costs would be $350 per square foot for income-generating room space and $291 for all other space. We also include a 5% contingency and an allocation for a building permit in this category. Indirect costs include engineering and consulting costs, as well as Development Impact Fees (“DIFs”). Direct development costs include all physical site costs, plus a percentage share of backbone costs and parking to accommodate 121 spaces. Indirect costs include field and office operations, as well as corporate general and administrative expenses. Marketing and sales costs are a portion of a project-wide brand development program for the site. Financing costs include interest, loan fees, and property taxes. Figure 16: Market Cap Rate by Class Exhibit 10 City Council 22 – 554 9/17/2024 32 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Table 14: Hotel Construction Costs Project Costs Percentage Per Room Per SF Total Rooms/Total SF 250 Rooms 140,000 SF Room SF 100,000 SF Land $0 $0.00/SF $0 Vertical Costs $197,960/DU $353.50/SF $49,490,000 Land Development Soft Costs $3,699/DU $6.60/SF $924,634 Lot Development Direct Costs $18,897/DU $33.75/SF $4,724,369 Share of Backbone Costs $7,106/DU $12.69/SF $1,776,413 Indirect Costs 4.00% $19,872/DU $35.49/SF $4,968,016 Marketing and Sales 2.00% $378/DU $0.68/SF $94,619 Finance Costs 5.00% $9,501/DU $16.97/SF $2,375,290 Total Costs $257,413/DU $459.67/SF $64,353,341 A Hospitality Summary We believe the 2-Mile Zone could accommodate another Upper Upscale since the hotel occupancy in the 2-Mile Zone is close to 75% and has strong RevPAR characteristics. Below is a summary indicating that the “Excess of Value over Costs” for the proposed hotel is 32%, a margin that in a normal market would attract a developer and investors to finance the construction of a hotel property. Table 15: Excess of Value Over Costs Description Estimate Percent Hotel Value $94,619,000 100.00% Hotel Costs ($64,353,000) (68.01%) Excess of Value over Costs $30,266,000 31.99% B Congregate Care A congregate care facility focuses on providing a stable environment for people who have difficulty in living independently related to physical, emotional, or social abilities. Since each tenant in a congregate care facility has different needs, these facilities offer various services to assist them. Congregate care residences generally receive care tailored to their specific needs, thereby providing a maintenance-free lifestyle. The types of care available include well-balanced meals, physical and mental stimulation, establishment of a purpose for life, social interaction, and the provision of stimulation for the the mind and body to achieve a more comfortable life for a person requiring their services. The primary difference between assisted living facilities and nursing homes is the medical services provided. Residents in an assisted living facility often live independently in their own units whereas tenants in a nursing home usually require around-the-clock medical support or monitoring. The services that congregate care facilities offer vary by facility but may include the amenities listed below. Personalized service up to 24 hours a day; Housekeeping services; Individual care planning: Utilities and basic cable; Up to three meals a day; In-home maintenance; Exhibit 10 City Council 22 – 555 9/17/2024 33 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Communal dining; Calendar of social activities; Full-time nursing; Education programs; Assistance with medication; Fitness and wellness center; Emergency response system; Salon and spa; Assistance with dressing; Transportation; Assistance with bath and showers; Concierge services; On-site physical therapy; Resident group activities; and Laundry services; Access to community amenities. Since the Specific Plan does not specify the type of congregate care facility that will be constructed, we chose a facility providing similar serves to others in the neighborhood, including facilities near Hoag Hospital in Newport Beach. We chose the Hoag Hospital area since we believe those living in the Hoag Hospital area would find the Urban Village a representative alternative. As with other products included in the Specific Plan, the Specific Plan discusses the concept of congregate care but does go into detail describing a specific program. Therefore, we envisioned a product line with several floor plans ranging from studio apartments up to two-bedroom units. The program would also include many of the amenities listed above. We reviewed data provided by CoStar, but due to the absence of a detailed congregate care facility description in the Specific Plan, we made some broad assumptions of future intents for the facility. According to Senior Housing Net website, the costs of living in California in a congregate care community throughout the state are: Assisted Living: $5,250 Independent Living: $3,413 Memory Care: $6,563 Nursing Home Care: $9,794 Based upon reviewing CoStar and the estimates from Senior Housing Net, we estimated an average monthly rent of $7,500. For our calculations, we chose a vacancy rate of 5%. We also estimated that the average room size would be 800 SF, allowing for a combination of studio, one-bedroom, and two-bedroom units. In addition to basic rent, a typical congregate care offers services and amenities to its tenants for an additional fee. These include food and beverage services, salon and spa services, transportation, etc. Based upon our estimates, we determined NOI and then an NAV for this asset class shown below Table 16: Congregate Care NAV Description Per Room per Month Total Per Month Annual Revenues from Rooms $7,500 $1,500,000 $18,000,000 Vacancy ($375) ($75,000) ($900,000) Revenues After Vacancy $7,125 $1,425,000 $17,100,000 Revenues From Services $3,420 $684,000 $8,208,000 Exhibit 10 City Council 22 – 556 9/17/2024 34 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com Total Revenues $10,545 $2,109,000 $25,308,000 Department Expenses ($4,451) ($890,288) ($10,683,450) Undistributed Operating Expenses ($2,925) ($585,000) ($7,020,000) Insurance and Property Tax ($143) ($28,500) ($342,000) Total Operating Expenses $3,026 $605,213 $7,262,550 Capital Reserves ($143) ($28,500) ($342,000) Net Operating Income $2,884 $576,713 $6,920,550 Net Asset Value @ 6.5% Cap Rate $532,350 $106,470,000 $106,470,000 To determine if a congregate care facility would provide a profitable return, we estimated the costs to construct the facility. They are as follows: Table 17: Congregate Care Development Costs Project Costs Percentage Per Room Per SF Total 200 Rooms 192,000 Land $0 $0.00/SF $0 Vertical Costs $296,940 $309.31/SF $59,388,000 Lot Indirect Costs $24,417 $43.60/SF $106,036 Lot Development Direct Costs $10,449 $18.66/SF $2,752,656 Share of Backbone Costs $7,951 $14.20/SF $1,998,918 Indirect Costs 4.00% $21,294 $42.00/SF $5,641,983 Marketing and Sales 2.00% $10,647 $0.76/SF $106,470 Finance Costs 5.00% $9,747 $17.40/SF $2,672,807 Total Costs $381,445 $445.94/SF $72,666,871 Exhibit 10 City Council 22 – 557 9/17/2024 35 SECTION VII HOSPITALITY Related Bristol at 3600 South Bristol Street September 2023 Draft Market Study Report www.FinanceDTA.com C Congregate Care Summary We reviewed the viability of a congregate care facility in the Project and determined that the value of the congregate care facility would exceed the NAV by $30,266,000. Therefore, we concluded that the proposed facility is acceptable in the Project. Table 18: Congregate Care Excess of Value Over Costs Description Estimate Percent Congregate Care Value $106,470,000 112.52% Congregate Care Costs ($72,667,000) (76.80%) Excess of Value over Costs $33,803,000 35.73% Exhibit 10 City Council 22 – 558 9/17/2024 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public-Private Partnerships Development Economics Clean Energy Bonds www.FinanceDTA.com Exhibit 10 City Council 22 – 559 9/17/2024 Exhibit 11 The Related Bristol Specific Plan Sunshine Ordinance community meeting materials are available online on the City’s project webpage at: https://www.santa-ana.org/related-california-bristol-specific-plan/ City Council 22 – 560 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 561 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 562 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 563 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 564 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 565 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 566 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 567 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 568 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 569 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 570 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 571 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 572 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 573 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 574 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 575 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 576 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 577 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 578 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 579 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 580 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 581 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 582 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 583 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 584 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 585 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 586 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 587 9/17/2024 Exhibit 12 - John Wayne Airport Land Use Commission (ALUC) and California Department of Transportation (Caltrans) Division of Aeronautics Notice of Intent to Overrule and ALUC Response City Council 22 – 588 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 1 of 10 • Goal CM-1: Recreation and Culture. Provide opportunities for public and private recreation and cultural programs that meet the needs of Santa Ana’s diverse population. o Policy CM-1.6 Recreation on Private Property. Promote the development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents. • Goal CM-3: Active Living and Well-being. Promote the health and wellness of all Santa Ana residents. o Policy CM-3.2 Healthy Neighborhoods. Continue to support the creation of healthy neighborhoods by addressing public safety, land use conflicts, hazardous soil contamination, incompatible uses, and maintaining building code standards. o Policy CM-3.5 Community Spaces. Encourage positive community interactions and neighborhood pride to create secure communities and promote safe public spaces. o Policy CM-3.8 Underutilized Spaces. Repurpose underutilized spaces and City-owned vacant land as a strategy to improve community health and increase the number and accessibility of opportunities for health and recreation activities. Prioritize the redevelopment of such sites within environmental justice area boundaries and other areas underserved by parks and recreation opportunities The project is consistent with these General Plan Community Element goals and policies, as it provides for publicly-accessible recreation opportunities on the project site through its 13.1 acres of publicly-accessible, programmable open space areas. The project results in the redevelopment of a 41-acre site by introducing a mixed-use, urban village that encourages active and passive recreation. While the existing commercial development has no onsite open space acreage, the proposed specific plan requires the provision of onsite open space for both publicly-accessible and private open space areas. • Goal M-1: Comprehensive Circulation. A comprehensive and multimodal circulation system that facilitates the safe and efficient movement of people, enhances commerce, and promotes a sustainable community. o Policy M-1.6 Complete Streets. Transform travelways to accommodate all users through street design and amenities, such as sidewalks, trees, landscaping, street furniture, and bus shelters. • Goal M-3: Active Transportation. A safe, balanced, and integrated network of travelways for nonmotorized modes of transportation that connects people to activity centers, inspiring healthy and active lifestyles. City Council 22 – 589 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 2 of 10 o Policy M-3.2 Nonmotorized Travelway Amenities. Enhance nonmotorized travelways with amenities such as landscaping, shade trees, lighting, benches, crosswalks, rest stops, bicycle parking, and support facilities that promote a pleasant and safe experience. o Policy M-3.7 Complete Streets Design. Enhance streets to facilitate safe walking, bicycling, and other nonmotorized forms of transportation through community participatory design. • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o POLICY M-4.2 Project Review. Encourage active transportation, transit use, and connectivity through physical improvements and public realm amenities identified during the City’s Development Review process. o Policy M-4.5 Land Use Development Design. Ensure that building placement and design features create a desirable and active streetscape, by prioritizing pedestrian access directly from the street and placing parking lots to the rear of a development site. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. • Goal M-5: Sustainable Transportation. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Policy M-5.1 Enhanced Street Design. Improve the beauty, character, and function of travelways with amenities such as landscaped parkways and medians, bike lanes, public art, and other amenities. The project is consistent with these General Plan Mobility Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village that encourages multi-modal transit. Moreover, the proposed specific plan will introduce a walkable grid of streets and paseos, further encouraging pedestrian, bicycle, and alternate means of transportation both within and to/from the project site. • Goal EP-1: Job Creation and Retention. Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. o Policy Attract Business Strengthen and expand citywide business attraction efforts in order to achieve the city’s full employment potential. City Council 22 – 590 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 3 of 10 • 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 EP-3.4 Complete Communities. Encourage the development of “complete communities” that provide a range of housing, services, amenities, and transportation options to support the retention and attraction of a skilled workforce and employment base. o Policy EP-3.10 Rethinking Strip-Commercial. Promote the creation of distinctive neighborhood serving districts through the renovation or redevelopment of existing strip-commercial development. The project is consistent with these General Plan Economic Prosperity Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project will contain a diverse range of employment opportunities for the commercial, senior continuum care, hotel, and residential communities that will take shape on the project site. • Goal OS-1: Parks, Open Space, and Recreation. Provide an integrated system of accessible parks, recreation facilities, trails, and open space to serve the City of Santa Ana. o Policy OS-1.2 Parks and Recreation System. Provide and support a comprehensive and integrated network of parks, recreation facilities, trails, and open space that is diverse, with a variety of active and passive recreational opportunities. o Policy OS-1.5 Park and Open Space Types. Provide a mix of community, neighborhood, and special use parks, along with greenway corridors, natural areas, and landscape areas, to meet community needs for greenspace, recreation space, social space, and trail connectivity. o Policy OS-1.9 New Development. Require all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City’s park standard. Ensure that new development includes pedestrian and multi-modal travelways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. o Policy OS-1.10 Creative Solutions for Deficiencies. Develop creative and flexible solutions to provide greenspace and recreation activities in park- deficient neighborhoods. Encourage private and commercial recreational facilities that are physically open to the public and are affordable to residents of surrounding neighborhoods, and serve community needs. City Council 22 – 591 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 4 of 10 The project is consistent with these General Plan Open Space Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project will contain 13.1 acres of total onsite public open space, which will be maintained for public access and enjoyment through both the Specific Plan’s goals and development standards, as well as the project’s proposed Development Agreement (No. 2023-02). The 13.1 acres of onsite open space comprise almost one-third of the entire site’s 41 acres, and will be programmed for both passive and active uses, with a minimum of four community events per year. Moreover, the project’s street frontages will contain new bike lanes, with stretches built as protected bike lanes, encouraging active recreation to and from the project site. • Goal LU-1: Growing Responsibly. Provide a land use plan that improves quality of life and respects our existing community o Policy LU-1.1 Compatible Uses. Foster compatibility between land uses to enhance livability and promote healthy lifestyles. o Policy LU-1.3 Equitable Creation and Distribution of Open Space. Promote the creation of new open space and community serving amenities in park-deficient areas that keeps pace with the increase in multi-unit housing development, with priority given to those that are also within environmental justice area boundaries. o Policy LU-1.5 Diverse Housing Types. Incentivize quality infill residential development that provides a diversity of housing types and accommodates all income levels and age groups. o Policy LU-1.6 Transit Oriented Development. Encourage residential mixed-use development, within the City’s District Centers, Urban Neighborhoods, and adjacent to high quality transit. o Policy LU-1.8 Development Tradeoffs. Ensure that new development projects provide a net community benefit. o Policy LU-1.9 Public Facilities and Infrastructure. Evaluate individual new development proposals to determine if the proposals are consistent with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. • Goal LU-2: Land Use Needs. Provide a balance of land uses that meet Santa Ana’s diverse needs. o Policy LU-2.1 Employment Opportunities. Provide a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. City Council 22 – 592 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 5 of 10 o Policy LU-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 LU-2.3 Supportive Spaces. Provide a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues o Policy LU-2.4 Cost and Benefit of Development. Balance the benefits of development with its fiscal impacts on the city and on quality of life for the community. o Policy LU-2.5 Benefits of Mixed-Use. Encourage infill mixed-use development at all ranges of affordability to reduce vehicle miles traveled, improve jobs/housing balance, and promote social interaction. o Policy LU-2.7 Business Incubator. Support land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. o Policy LU-2.8 City Image. Encourage land uses, development projects, and public art installations that promote the city’s image as a cultural, governmental, and business-friendly regional center. o Policy LU-2.10 Smart Growth. Focus high density residential in mixed-use villages, designated planning focus areas, Downtown Santa Ana, and along major travel corridors. • Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. o Policy LU-4.5 VMT Reduction. Concentrate development along high quality transit corridors to reduce vehicle miles traveled (VMT) and transportation- related carbon emissions. The project is consistent with these General Plan Land Use Element goals and policies, as it provides for redevelopment of an existing, auto-oriented commercial center with a new mixed-use urban village. The project has been thoroughly evaluated for environmental impacts, as well as for market, fiscal impact, economic impact, and community benefits through multiple analyses. The proposed specific plan establishes a foundation for future developments within the specific plan area that provide a balance of commercial and residential land uses, conforming to the General Plan’s DC-5 land use designation and the South Bristol Street Focus Area’s goals. The infill nature of the project encourages smart growth by conserving resources and locating new development in an already-urbanized, transit-oriented area adjacent to or near major employment centers. The project conforms to all Vehicle Miles Travelled (VMT) guidelines adopted by the City and enhances the City’s image at a major intersection leading into Santa Ana. City Council 22 – 593 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 6 of 10 • Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. o Policy UD-1.1 Design Quality. Ensure all developments feature high quality design, materials, finishes, and construction. o Policy UD-1.2 Public Art. Require public art as part of major developments and the public realm improvements. o Policy UD-1.4 Safety Through Design. Incorporate public safety design features into private and public developments to prevent loitering, vandalism, and other undesirable activities. o Policy UD-1.5 Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. o Policy UD-1.6 Active Transportation Infrastructure. Support the creation of citywide public street and site amenities that accommodate and promote an active transportation-friendly environment. • Goal UD-2: Sustainable Environment. Improve the built environment through sustainable development that is proportional and aesthetically related to its setting. o Policy UD-2.1 Enhanced Public Realm Experience. Encourage development to enhance the existing environment through the use of creative architectural design and sustainable streetscape treatments that are consistent on each corridor. o Policy UD-2.2 Compatibility and Use With Setting. Employ buffers and other urban design strategies to encourage the compatibility of new development with the scale, bulk, and pattern of existing development. o Policy UD-2.4 Intentional Design. Encourage design and architecture on private and public property that accentuate focal points, activity nodes, and historic areas. o Policy UD-2.5 Relation to Surroundings. Ensure new development exhibits a functional, comfortable scale in relation to its neighborhood. o Policy UD-2.7 Building and Strengthening Identity. Collaborate with community stakeholders to strengthen and foster development of community and neighborhood identity and district character through complementary architecture, unique streetscapes, and programming. o Policy UD-2.10 Greening the Built Environment. Promote planting of shade trees and require, where feasible, preservation and site design that uses appropriate tree species to shade parking lots, streets, and other facilities, with the goal of reducing the heat island effect. City Council 22 – 594 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 7 of 10 • Goal UD-3: Attractive Travelways. Create and maintain safe and attractive travelways through coordinated streetscape design. o Policy UD-3.3 Foster Community Building. Promote a safe environment that facilitates social interaction and improves active transportation along corridors. o Policy UD-3.4 Improvements to Streetscape. Promote streetscape improvement plans that are responsive to community needs, the nature of adjacent uses, path characteristics, street classification, pedestrian scale, and view corridors. o Policy UD-3.6 Linear Park System. Support open space improvements along roadways and nonvehicular paths, such as bike or multiuse trails, to create linear open space that connect to a network of parks and activity areas throughout the city. o Policy UD-3.8 Pleasant Travel Experience. Maximize the use of street trees and parkway landscaping to create a pleasant travel experience and positive city image. • Goal UD-4: Nodes and People Places. Create nodes and urban hubs throughout the City to foster community, education, arts and culture, business activities, entertainment, and establish Santa Ana as a vibrant center. o Policy UD-4.1 Intentional Development. Support development growth in nodes consistent with the City’s vision as the dynamic urban center of Orange County. o Policy UD-4.2 Image Making Through Architecture. Promote development within nodes to reflect the significance of the area and cultivate a positive image of Santa Ana through high quality architecture. o Policy UD-4.3 Activate Open Space. Ensure architectural and landscape design activates open space as a means to promote community interaction and enhance the aesthetic quality of development. o Policy UD-4.4 Vibrant Street Life. Encourage development within nodes that promotes pedestrian activities, enhanced amenities, and engaging designs that allow for discovery, excitement, and social interaction. • Goal UD-5: Focus Intersections. Create focal points at major intersections to enhance community identity and open space. o Policy UD-5.1 Building Presence at Intersections. Create a strong presence at focus intersections by locating intense building mass and open space areas along the street that include high quality design and materials. • Goal UD-7: Gateways. Create and strengthen gateways into the City that promote a sense of arrival. City Council 22 – 595 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 8 of 10 o Policy UD-7.1 First Impression. Strengthen the architectural design of developments near gateways to communicate a sense of arrival and inspire positive images of the City. o Policy UD-7.2 Streetscape Improvements. Enhance Santa Ana’s gateways to include unique and distinctive streetscape improvements. The project is consistent with these General Plan Urban Design Element goals and policies. The project improves a major site at a gateway intersection leading into Santa Ana by redeveloping an outdated, auto-oriented strip-commercial center with a dynamic, mixed-use urban village that complements the scale an intensity of existing developments surrounding the project site. Through onsite private streets and improvements to public streets along the site’s street frontages, the specific plan will create attractive travelways and establish activity nodes at the intersections of Bristol Street and Sunflower Avenue, and Bristol Street and MacArthur Boulevard, near the interchange of Bristol Street and the San Diego (I-405) Freeway. The redevelopment of the existing site will establish a new gateway into Santa Ana that is consistent with the South Bristol Street Focus Area’s vision for the project site. • Goal HE-1: Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.3 Complete Neighborhoods. Improve neighborhood quality by locating or providing access to complementary services and public facilities, including the integration of community gardens and access to healthy food options in neighborhoods. o Policy HE-1.4. Healthy Neighborhoods. Create and maintain parks and open spaces; plant trees, green parkways, and medians; support access to healthy food options; and maintain a continuous pattern of pathways that encourage an active and healthy lifestyle. o Policy HE-1.10. Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. • Goal HE-2. Foster an inclusive community with a diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana’s residents and workforce of all household types, income levels, and age groups. o Policy HE 2.3. Urban Villages. Create higher intensity, mixed-use urban villages and pedestrian-oriented experiences that access and support the office centers, commercial services, and cultural activities within District Centers and Urban Neighborhood designated areas. City Council 22 – 596 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 9 of 10 o Policy HE-2.4. Rental Housing. Facilitate the construction of rental housing for Santa Ana’s residents and workforce, with a commitment to provide rental housing for extremely low-, very low-, and low-income residents as well as moderate income Santa Ana workers. o Policy HE-2.6. Housing Design. Require excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive (“green”) building and design practices. • Goal HE-4. Provide sufficient rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people experiencing homelessness. o Policy HE-4.1. Senior Housing. Support development of affordable senior rental and ownership housing, readily accessible to support services; provide assistance for seniors to maintain and repair their homes to facilitate the maximum independent living. The project is consistent with these General Plan Housing Element goals and policies. The project will provide high-quality diversity of rental housing for Santa Ana’s residents and workforce. Through the project’s Development Agreement, the project will provide inclusionary housing fees that will be used by the City to provide onsite affordable housing opportunities in the community. Through innovative use of land, the project will provide for healthy communities with 13.1 acres of onsite open space, a full-service grocer, and underground parking, freeing up valuable acreage for the development of community- serving commercial, residential, and open space land uses. Moreover, the SP and requested entitlements address General Plan consistency for the South Bristol Street Focus Area in the following manners: • The District Center-High is a mixed-use designation identified in the General Plan as including “high density urban villages consisting of visually striking and dynamic buildings and spaces with a wide range and mix of residential, live-work, commercial, hotel, and employment-generating uses.” • Table LU-2 of the General Plan (Buildout) identifies an assumed housing growth of 5,272 units in the District; the proposed 3,750 falls within the assumed growth. • Table LU-8 of the General Plan identifies the DC-5 area as allowing a maximum Floor Area Ratio of 5.0, or 125 dwelling units per acre and a maximum height of 25 stories. The General Plan allows the FAR to be calculated on a gross basis for an individual development project. • The General Plan’s District Center designation would allow up to 8,733,780 square feet of mixed uses, inclusive of residential uses, based on the maximum FAR of 5.0 over the 41.13-acre (gross) site. As proposed, the Related Bristol will result in an FAR of 2.7, well within the maximums allowed in the General Plan. No General Plan Amendment is required nor proposed. City Council 22 – 597 9/17/2024 Exhibit 13 Consistent and Supportive General Plan Goals and Policies Page 10 of 10 • The General Plan envisions “urban villages”, “an intense multistory presence” and “mixed use opportunities”. The Development Plan implements this vision with a range of building heights and configurations in two mixed-use Districts/Villages, with heights and intensities within the limits identified in the General Plan. • The General Plan requires fiscal neutrality (Policy LU 2.4). The Project results in positive fiscal impacts. • The General Plan calls for community involvement (Policy LU 3.2). Significant outreach has occurred as outlined in Specific Plan Section 2.5, Community Engagement. • The General Plan encourages areas for community gathering and outdoor entertainment (Policy LU 2.3). The Specific Plan includes approximately 13 acres of open space, which includes public plaza areas and a central park, accessible to the public and allowing for outdoor entertainment. • The Specific Plan area is not within an Environmental Justice area. However, as designed, the provision of nearly one-third of the 41-acre site for publicly accessible open space with active and passive recreation opportunities is a means of addressing open space deficiencies prevalent in many portions of Santa Ana. City Council 22 – 598 9/17/2024 Date:August 9, 2024 Prepared by: Meaghan Trumann, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:CalTrans Comment Letter on the DEIR for the Related Bristol Specific Plan Project (SCH No. 2020029087) Dear Mr. Pezeshkpour, On August 18, 2023, the City of Santa Ana received a comment from the California Department of Transportation (Caltrans) regarding the Related Bristol Specific Plan Project. The comment recommends further improvements to the Bear Street at SR-73 north bound routes, including restriping the existing westbound left-turn land to provide a shared left/right-turn lane to mitigate poor level of service (LOS) at the intersection. However, Senate Bill (SB) 743 introduced changes including the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Draft and Final SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. However, responses to the August 18th comment letter from Caltrans were provided by Linscott, Law & Greenspan, Engineers (LLG) in a memorandum dated August 31, 2023, which was emailed to Caltrans on September 18, 2023 and which is included herein as Attachment A. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. In addition, Caltrans responded to the memorandum provided by LLG on August 8, 2024 stating that they have no further comments. Respectfully, Meaghan Truman Exhibit 14 - Responses to Planning Commission Comments Received Prior to Deadline City Council 22 – 599 9/17/2024 Caltrans Comment Letter (1 page) dated August 18, 2023 City Council 22 – 600 9/17/2024 Attachment A City Council 22 – 601 9/17/2024 MEMORANDUM Ali Pezeshkpour, Planning Manager City of Santa Ana Planning Division August 31, 2023 2.21.4410 To:Date: Zdenek “Zed” Kekula, P.E. Principal Civil Engineer City of Santa Ana Public Works Agency – Traffic Engineering xc: Richard Barretto, P.E., PrincipalFrom:LLG Ref: Linscott, Law & Greenspan, Engineers Response to Additional Caltrans Traffic Operations Comments on Related Bristol Specific Plan - Santa Ana, CASubject: Linscott, Law & Greenspan, Engineers (LLG) is pleased to provide the following responses to address the additional Caltrans Traffic Operations division comments on the LLG response memorandum dated August 16, 2023 as summarized in an email dated August 28, 2023 (see attached email for reference). Caltrans Traffic Operations Traffic Operations Comment 1: The Memorandum prepared by Linscott Law & Greenspan Engineers on August 16, 2023, Page 3, indicates that the intersection of Bear Street at SR-73 NB Ramps (Intersection No. 37) has forecasted to operate at unacceptable LOS E in the PM peak hour, without or with Project traffic and recommended improvements for Bear Street at SR-73 NB Ramps (Intersection No. 37). The recommended improvements include the following: No. 37 – Bear Street at SR-73 NB Ramps: Restripe the existing westbound left-turn lane to provide a shared left/right-turn lane. Modify the existing traffic signal as necessary. Please provide fair share calculation for this recommendation and contact information of the agency and company that is working on this improvement. Response to Comment 1: Table A , attached at the end of this memorandum, presents the Project’s fair-share contribution to construct the recommended improvements at Bear Street and SR-73 NB Ramps. As presented in Table A, the first column (1) lists the total intersection peak hour traffic for existing conditions. The second column (2) presents Year 2045 Buildout Traffic, while the third column (3) presents Year 2045 Buildout Plus Project Phases 1, 2 and 3 traffic. The Project- related added traffic volumes during AM peak hour and PM peak hour are presented in the fourth column (4). The fifth column (5) represents what percentage of total added intersection peak hour traffic is Project-related traffic. Review of Table A shows that the proposed Project fair-share cost responsibility at the Bear Street / SR-73 NB Ramps intersection totals 6.31%. The City of Santa Ana is the lead agency in the review and approval of the proposed Related Bristol Specific Plan project. City Council 22 – 602 9/17/2024 City of Santa Ana August 31, 2023 Page 2 Traffic Operations Comment 2: No maximum saturation flow rate (Veh/hr) per single lane for any movement should exceed 1800 (veh/hr). However, ATTACHMENT 1 APPENDIX E FROM REVISED TRAFFIC CIRCULATION ANALYSIS FOR THE RELATED BRISTOL DATED JUNE 2023, shows the following: Intersection 30: Bristol Street at I-405 NB Ramps, Scenario 1: 1 AM Existing shows 1863 (Veh/hr) for the Bristol Street Southbound Right/Through shared lane. Recommended improvements should be addressed in the Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023. Intersection 31: Bristol Street at I-405 SB Ramps, the saturation flow rate (veh/h) for the Bristol Street Southbound right lanes movement is not provided. Please provide missing information. Response to Comment 2: The comment states that no maximum saturation flow rate per lane for any movement should excess 1800 vehicles per hour (veh/hr). In LLG’s history of more than 50 years, to our recollection, this is the first time that we have received a comment by Caltrans requesting that we use anything other than a starting saturation flow rate of 1900 veh/hr per lane and then allowing for adjustments as necessary, including recent projects where Caltrans was a reviewing agency. In addition, as part of our third party peer reviews of other traffic consultants traffic studies performing LOS/Queuing assessments for Caltrans ramp facilities, this same methodology/approach is adhered to. From our experience, the use of saturation flow rate of 1900 vph/hr per lane is a practical and common industry wide approach. Further, the Caltrans Guide for the Preparation of Traffic Impact Studies (December 2002) does not specify saturation requirements for analysis, and therefore a starting saturation flow rate of 1900 veh/hr per lane appropriate, which is consistent with the suggested default saturation values identified within the current Highway Capacity Manual (HCM). Nevertheless, a comparative analysis has been prepared using the two different saturation rate assumptions (1800 veh/hr vs. 1900 veh/hr) at the study intersection of Intersection No. 30 - Bristol Avenue at I-405 NB Ramps for existing traffic conditions. The results of this assessment are summarized in Table B. As shown, the results of the sensitivity assessment indicate that the change in saturation flow (i.e. using 1900 veh/hr) would yield a nominal decrease in intersection delay (LOS). N:\4400\2214410 - Bristol Commons - CONFIDENTIAL, Santa Ana\Report\4410 Caltrans Response Memo 8-31-2023.docx City Council 22 – 603 9/17/2024 City of Santa Ana August 31, 2023 Page 3 Further yet, a review of Table C indicates that the change in saturation flow would also have a negligible effect on the length of queue under existing traffic conditions based the queueing analysis results for Intersection No. 30 - Bristol Avenue at I-405 NB Ramps. As such, it is concluded that the findings and conclusions documented for the remaining eight (8) Caltrans locations under existing and future traffic conditions as reported in the Memorandum prepared by Linscott Law & Greenspan Engineers on August 16, 2023, remain unchanged and are valid. Relative to the “missing information”, the southbound right-turn at Intersection No. 31 - Bristol Avenue at I-405 SB Ramps is a free (uncontrolled) movement and therefore has been appropriately excluded from the intersection calculation, and hence this is the reason the appendix does not show a saturation flow rate for that movement. Attachment 1 includes the supplemental HCM/LOS calculations for the comparative assessment prepared for Bristol Avenue at I-405 NB Ramps. *********** We appreciate the opportunity to provide this Memorandum. Please let us know if you have any questions regarding this response memorandum. Attachments cc:Shane S. Green, P.E., LLG File N:\4400\2214410 - Bristol Commons - CONFIDENTIAL, Santa Ana\Report\4410 Caltrans Response Memo 8-31-2023.docx City Council 22 – 604 9/17/2024 TABLE A YEAR 2045 BUILDOUT PROJECT FAIR-SHARE COST CONTRIBUTION (3)(5)(2)Year 2045 Buildout Plus Project Phases 1, 2 and 3 ProjectYear 2045 Buildout Traffic (1)(4)Fair- ShareTimeExisting Traffic Project TrafficKey Intersection Jurisdiction Period Improvement Description Traffic Percent .Restripe the existing WB left-turn lane to provide a shared Bear Street at SR-73 NB Ramps Costa Mesa/ Caltrans AM PM 2,166 3,664 2,788 4,706 2,859 4,747 71 4137.6.31% left/right-turn lane Note: Project fair-share percentage, which considers both the AM peak hour and PM peak hour traffic volumes, is calculated as such: Column (5) = [Column (4)] / [Column (3) – Column (1)] x 100%. City Council 22 – 605 9/17/2024 TABLE B EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS COMPARATIVE ASSESSMENT (1)(2) Existing Traffic Conditions (1800 Base Saturation Flow Rate) Existing Traffic Conditions (1900 Base Saturation Flow Rate)(3) Change in Delay (sec/veh) Peak Hour HCM HCM Key Intersection (sec/veh)LOS A (sec/veh)LOS ABristol Street at 30.AM PM 6.4 6.3 -0.1 I-405 NB Ramps 14.9 B 13.9 B -1.0 Notes: . . . BOLD HCM/LOS indicates unacceptable service level sec/veh = seconds per vehicle (delay) Change in delay Column (3) = Column (2) – Column (1) City Council 22 – 606 9/17/2024 TABLE C EXISTING CALTRANS OFF-RAMP PEAK HOUR QUEUING ANALYSIS – COMPARATIVE ASSESSMENT1 Existing Traffic Conditions (1800 Base Saturation Flow Rate) Existing Traffic Conditions (1900 Base Saturation Flow Rate) AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Max. Queue/ Min. Storage Required (feet) Storage Provided (feet) Adequate Storage Adequate Storage (Yes/No Adequate Storage Adequate Storage Key Intersection 30. Bristol Street at I-405 NB Ramps (Yes/No)(Yes/No)(Yes/No) Westbound Left-Turn 1,550 1,550 65 65 Yes Yes 213 212 Yes Yes 64 65 Yes Yes 215 214 Yes YesWestbound Left- Through Westbound Through 1,195 385 69 25 Yes Yes 216 117 Yes Yes 68 25 Yes Yes 218 105 Yes YesWestbound Right-Turn 1 Queues are based on HCM 95th Percentile methodology. City Council 22 – 607 9/17/2024 CALTRANS E-MAIL COMMENT LETTER DATED AUGUST 28, 2023 City Council 22 – 608 9/17/2024 Richard E. Barretto From: Sent: Matsler, Sean <SMatsler@coxcastle.com> Monday, August 28, 2023 3:40 PM To: Cc: Richard E. Barretto; Shane Green Oh, Steven; Creech, Catherine; Burt, Chris; Privitt, Dana Comments below from Caltrans D-12 Traffic Operations Caltrans NOP RTC Memorandum-c1.pdf; 4410 Caltrans Response Memo 8-16-2023-c1-c1.pdf Subject: Attachments: Rich and Shane – BBK asked if LLG can please response to Caltrans D‐12 Traffic Operaꢀons’ aꢁached comments? This is the third request from BBK to LLG and I think can be completed aꢂer the first two. Please let me know if you have any quesꢀons. From: Hannah Park <Hannah.Park@bbklaw.com> Sent: Monday, August 28, 2023 3:22 PM To: Matsler, Sean <SMatsler@coxcastle.com> Cc: Burt, Chris <CBurt@coxcastle.com>; Alisha Winterswyk <Alisha.Winterswyk@bbklaw.com> Subject: FW: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter Sean, I’m forwarding comments received from DOT on our response. Since these comments pertain to LLG’s memo, can LLG please take a look at them and provide responses? Thank you, Hannah Hannah Park Of Counsel hannah.park@bbklaw.com T: (949) 263‐6579 bbklaw.com | From: Molavi, Maryam@DOT <maryam.molavi@dot.ca.gov> Sent: Monday, August 28, 2023 1:06 PM To: Pezeshkpour, Ali <APezeshkpour@santa‐ana.org>; Meaghan Truman <Mtruman@epdsolutions.com>; OPR State Clearinghouse <State.Clearinghouse@opr.ca.gov> Cc: Shelley, Scott@DOT <scott.shelley@dot.ca.gov> Subject: FW: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter [NON‐EPD] Good afternoon, Please see the comments below from Caltrans D-12 Traffic Operations and provide responses. Please confirm receipt of the comments below by replying to this email. Thank you, 1 City Council 22 – 609 9/17/2024 Maryam Molavi Associate Transportation Planner Planning Division LDR Branch 1750 E. 4th Street Santa Ana, Ca 92705 1.The Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023, Page 3, indicates that the intersection of Bear Street at SR-73 NB Ramps (Intersection No. 37) has forecasted to operate at unacceptable LOS E in the PM peak hour, without or with Project traffic and recommended improvements for Bear Street at SR-73 NB Ramps (Intersection No. 37). The recommended improvements include the following: No. 37 – Bear Street at SR-73 NB Ramps: Restripe the existing westbound left-turn lane to provide a shared left/right- turn lane. Modify the existing traffic signal as necessary. Please provide fair share calculation for this recommendation and contact information of the agency and compony that is working on this improvement. 2. No maximum saturation flow rate (Veh/hr) per single lane for any movement should exceed 1800 (veh/hr). However, ATTACHMENT 1 APPENDIX E FROM REVISED TRAFFIC CIRCULATION ANALYSIS FOR THE RELATED BRISTOL DATED JUNE 2023, shows the following: Intersection 30: Bristol Street at I-405 NB Ramps, Scenario 1: 1 AM Existing shows 1863 (Veh/hr) for the Bristol Street Southbound Right/Through shared lane. Recommended improvements should be addressed in the Memorandum prepared by Linscott Law & Greeenspan Engineers on August 16, 2023. Intersection 31: Bristol Street at I-405 SB Ramps, the saturation flow rate (veh/h) for the Bristol Street Southbound right lanes movement is not provided. Please provide missing information. From: Meaghan Truman <Mtruman@epdsolutions.com> Sent: Friday, August 18, 2023 3:45 PM To: Molavi, Maryam@DOT <maryam.molavi@dot.ca.gov> Cc: Pezeshkpour, Ali <APezeshkpour@santa‐ana.org>; Alisha.Winterswyk@bbklaw.com; Hannah.Park@bbklaw.com; Soto, Ricardo <rsoto@santa‐ana.org>; Konnie Dobreva <Konnie@epdsolutions.com> Subject: City of Santa Ana Related Bristol Specific Plan ‐ Caltrans NOP Comment Letter EXTERNAL EMAIL. Links/attachments may not be safe. Good Aꢂernoon Maryam, On behalf of the City of Santa Ana, as the City’s environmental consultant for the Related Bristol Project, please see aꢁached responses to Caltrans’ comment leꢁer submiꢁed on the Noꢀce of Preparaꢀon for the Related Bristol Specific Plan Project. In addiꢀon, I’ve aꢁached the supporꢀng Traffic Analysis for Caltrans Traffic Operaꢀons prepared by Linscoꢁ, Law, & Greenspan. Hopefully these two memos provide answers to the comments and quesꢀons provided by Caltrans in the NOP comment leꢁer as well as the recent leꢁer submiꢁed on the Draꢂ EIR. In addiꢀon, the following link contains the HCM/LOS worksheets (referenced as Aꢁachment 1) for your review. Aꢁachment 1.pdf Please let us know if these responses alter any of your Agency’s comments on the Draꢂ EIR (as submiꢁed on August 14, 2023). We are also happy to set up a meeꢀng with your Agency if you have any addiꢀonal quesꢀons or would like to discuss any of this further. Thanks, Meaghan Truman | Associate Environmental Planner mtruman@epdsoluꢀons.com 2 City Council 22 – 610 9/17/2024 ATTACHMENT 1 SENSITIVITY ASSESSMENT FOR INTERSECTION NO. 30 – BRISTOL AVENUE AT I-405 NB RAMPS City Council 22 – 611 9/17/2024 ATTACHMENT I-I EXISTING TRAFFIC CONDITIONS 1800 BASE SATURATION FLOW RATE City Council 22 – 612 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 6.4 A 0.372 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 22 – 613 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 1504 Bristol Street 1987 I-405 NB Ramps I-405 NB Ramps 122 74 672Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 193 0 8 0 0 34 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 1504 193 1987 34 122 74 672 Peak Hour Factor 1.0000 0.9380 0.9380 1.0000 0.9380 0.9380 1.0000 1.0000 0.9380 0.9380 0.9380 0.9380 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 401 51 206 No 0 0 0 530 2 9 0 0 0 0 9 36 No 0 33 130 No 0 20 79 179 716 No 0 1603 2118 No 0 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 22 – 614 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 31 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 10 3.0 0 0 30 0.0 0.0 0 3.0 1.0 49 0.0 0.0 0 0.0 0.0 0 3.0 1.0 49 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 31 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 22 – 615 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 4 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 10 10 10 78 0.71 0.25 6434 4590 4.92 0.50 1.00 0.21 0.00 1.00 1.00 0.71 0.26 6434 4590 5.03 0.50 1.00 0.23 0.00 1.00 1.00 0.71 0.24 1765 1259 4.87 0.50 1.00 0.73 0.00 1.00 1.00 0.04 0.01 2665 109 42.00 0.11 1.00 1.76 0.00 1.00 1.00 0.11 0.11 0.11 0.87 0.04 0.04 0.04 0.27 1687 1696 1612 2665 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]190 191 181 2320 d1, Uniform Delay [s]36.96 36.96 37.11 1.03 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 1.15 1.14 1.40 0.35 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.35 5.14 A 0.37 5.26 A 0.34 5.60 A 0.33 43.76 D 0.36 0.36 0.40 0.31 38.10 38.10 38.51 1.38 D D D A Critical Lane Group No Yes No Yes No No Yes No 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 2.34 58.39 4.20 105.10 2.53 63.29 4.56 113.93 2.64 65.92 4.75 118.65 0.41 10.30 0.74 18.54 1.44 1.45 1.52 0.28 35.97 36.14 38.08 6.98 2.59 2.60 2.74 0.50 64.74 65.05 68.55 12.56 City Council 22 – 616 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 5.14 A 0.00 0.00 5.33 A 5.60 A 0.00 0.00 43.76 D 38.10 D 38.47 D 1.38 A d_A, Approach Delay [s/veh] Approach LOS 5.14 A 5.33 A 43.76 D 9.71 A d_I, Intersection Delay [s/veh] Intersection LOS 6.42 A Intersection V/C 0.372 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.161 B 11.0 0.00 0.00 34.68 2.603 B I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 1000 11.26 2.221 B 2000 1000 11.26 2.262 B 2000 133 2000 600 39.21 1.560 A 22.06 2.323 B I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 22 – 617 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 14.9 B 0.679 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 22 – 618 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 2115 Bristol Street 2169 I-405 NB Ramps 196 I-405 NB Ramps 361 309 1196Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 185 0 20 0 0 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 0 0Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 0 2115 185 2169 20 196 361 309 1196 Peak Hour Factor 1.0000 0.9540 0.9540 1.0000 0.9540 0.9540 1.0000 1.0000 0.9540 0.9540 0.9540 0.9540 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 554 48 194 No 0 0 0 568 5 21 No 0 0 0 0 0 51 205 No 0 95 378 No 0 81 313 1254 No 0 2217 2274 324 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 22 – 619 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 22 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 37 3.0 0 0 30 0.0 0.0 0 3.0 1.0 31 0.0 0.0 0 0.0 0.0 0 3.0 1.0 31 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 22 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 22 – 620 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 51 4.00 0.00 2.00 51 4.00 0.00 2.00 51 4.00 0.00 2.00 9 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 18 18 18 73 0.56 0.34 6434 3626 13.09 0.50 1.00 0.78 0.00 1.00 1.00 0.56 0.29 6434 3626 12.01 0.50 1.00 0.51 0.00 1.00 1.00 0.56 0.26 1757 990 0.10 0.08 2665 275 39.25 0.11 1.00 4.01 0.00 1.00 1.00 0.20 0.20 0.20 0.81 0.14 0.14 0.15 0.47 1687 1719 1612 2665 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]338 344 323 2154 d1, Uniform Delay [s]11.61 0.50 1.00 1.56 0.00 1.00 1.00 33.46 33.37 33.72 3.13 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 2.55 2.37 3.11 1.16 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.61 13.87 B 0.51 12.51 B 0.46 13.17 B 0.75 43.26 D 0.69 0.68 0.73 0.58 36.02 35.73 36.82 4.29 D D D A Critical Lane Group No No No Yes No No Yes Yes 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 6.96 5.27 131.63 9.03 225.70 5.40 134.96 9.21 230.22 2.33 58.14 4.19 104.65 4.90 4.87 4.97 2.60 122.4 121.7 124.2 64.95 8.53 8.49 8.63 4.68 213.1 212.2 215.6 116.9 173.98 11.29 282.15 City Council 22 – 621 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-11)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 13.87 B 0.00 0.00 12.64 B 13.17 B 0.00 0.00 43.26 D 36.02 D 36.52 D 4.29 A d_A, Approach Delay [s/veh] Approach LOS 13.87 B 12.65 B 43.26 D 15.74 B d_I, Intersection Delay [s/veh] Intersection LOS 14.90 B Intersection V/C 0.679 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.70 2.265 B 11.0 0.00 0.00 34.70 2.770 C I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 600 2000 600 2000 733 2000 400 22.07 2.474 B 22.07 2.317 B 18.07 1.560 A 28.82 3.173 C I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 22 – 622 9/17/2024 ATTACHMENT I-II EXISTING TRAFFIC CONDITIONS 1900 BASE SATURATION FLOW RATE City Council 22 – 623 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 6.3 A 0.353 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 22 – 624 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 1504 Bristol Street 1987 I-405 NB Ramps I-405 NB Ramps 122 74 672Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 193 0 8 0 0 34 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 1504 193 1987 34 122 74 672 Peak Hour Factor 1.0000 0.9380 0.9380 1.0000 0.9380 0.9380 1.0000 1.0000 0.9380 0.9380 0.9380 0.9380 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 401 51 206 No 0 0 0 530 2 9 0 0 0 0 9 36 No 0 33 130 No 0 20 79 179 716 No 0 1603 2118 No 0 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 22 – 625 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 51 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 10 3.0 0 0 30 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 51 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 22 – 626 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 64 4.00 0.00 2.00 4 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 10 10 10 78 0.71 0.24 6792 4846 4.84 0.50 1.00 0.18 0.00 1.00 1.00 0.71 0.25 6792 4846 4.93 0.50 1.00 0.20 0.00 1.00 1.00 0.71 0.23 1863 1329 4.79 0.50 1.00 0.64 0.00 1.00 1.00 0.04 0.01 2813 115 41.96 0.11 1.00 1.54 0.00 1.00 1.00 0.11 0.11 0.11 0.87 0.04 0.04 0.04 0.25 1781 1790 1702 2813 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]200 201 191 2449 d1, Uniform Delay [s]36.89 36.89 37.03 1.01 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 1.00 1.00 1.22 0.30 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.33 5.02 A 0.35 5.13 A 0.32 5.42 A 0.31 43.51 D 0.34 0.34 0.38 0.29 37.89 37.89 38.25 1.32 D D D A Critical Lane Group No Yes No Yes No No Yes No 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 2.29 57.26 4.12 103.07 2.48 61.98 4.46 111.56 2.58 64.43 4.64 115.97 0.41 10.24 0.74 18.43 1.43 1.44 1.51 0.27 35.78 35.95 37.85 6.69 2.58 2.59 2.73 0.48 64.40 64.70 68.13 12.05 City Council 22 – 627 9/17/2024 Generated with Scenario 1: 1 AM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 5.02 A 0.00 0.00 5.19 A 5.42 A 0.00 0.00 43.51 D 37.89 D 38.22 D 1.32 A d_A, Approach Delay [s/veh] Approach LOS 5.02 A 5.19 A 43.51 D 9.61 A d_I, Intersection Delay [s/veh] Intersection LOS 6.30 A Intersection V/C 0.353 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.161 B 11.0 0.00 0.00 34.68 2.603 B I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 555 2000 555 2000 133 2000 1044 10.28 2.323 B 23.48 2.221 B 23.48 2.262 B 39.21 1.560 A I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 22 – 628 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Level Of Service Report Intersection 30: Bristol Street at I-405 NB Ramps Control Type: Analysis Method: Analysis Period: Signalized HCM 7th Edition 15 minutes Delay (sec / veh): Level Of Service: Volume to Capacity (v/c): 13.9 B 0.650 Intersection Setup Name Bristol Street Bristol Street Southbound I-405 NB Ramps Eastbound I-405 NB Ramps WestboundApproachNorthbound Lane Configuration Turning Movement Lane Width [ft] Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left 12.00 0 Thru 12.00 0 Right 12.00 0 Left 12.00 0 Thru 12.00 0 Right 12.00 1 Left Thru 12.00 0 Right 12.00 1 12.00 1No. of Lanes in Entry Pocket Entry Pocket Length [ft] No. of Lanes in Exit Pocket Exit Pocket Length [ft] Speed [mph] 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 0 0 0 0 0 0 0 0 0 0 0 0 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 0.00 0.00 30.00 0.00 No 0.00 Grade [%] Curb Present Crosswalk No No Yes Yes City Council 22 – 629 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Volumes Name Bristol Street 2115 Bristol Street 2169 I-405 NB Ramps 196 I-405 NB Ramps 361 309 1196Base Volume Input [veh/h] Base Volume Adjustment Factor Heavy Vehicles Percentage [%] Proportion of CAVs [%] 0 185 0 20 0 0 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 0.00 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Growth Factor In-Process Volume [veh/h]0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Site-Generated Trips [veh/h] Diverted Trips [veh/h] 0 0 0 0 0 0 0 0 0 0 0 Pass-by Trips [veh/h]0 0 0 0 0 0 0 0 0 0 0Existing Site Adjustment Volume [veh/h] Other Volume [veh/h] 0 0 0 0 0 0 0 0 0 0 0 0 0 Right Turn on Red Volume [veh/h] Total Hourly Volume [veh/h] 0 0 0 0 0 0 0 0 2115 185 2169 20 196 361 309 1196 Peak Hour Factor 1.0000 0.9540 0.9540 1.0000 0.9540 0.9540 1.0000 1.0000 0.9540 0.9540 0.9540 0.9540 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000Other Adjustment Factor Total 15-Minute Volume [veh/h] Total Analysis Volume [veh/h] Presence of On-Street Parking On-Street Parking Maneuver Rate [/h] Local Bus Stopping Rate [/h] v_do, Outbound Pedestrian Volume crossing v_di, Inbound Pedestrian Volume crossing m v_co, Outbound Pedestrian Volume crossing v_ci, Inbound Pedestrian Volume crossing mi v_ab, Corner Pedestrian Volume [ped/h] Bicycle Volume [bicycles/h] 0 0 554 48 194 No 0 0 0 568 5 21 No 0 0 0 0 0 51 205 No 0 95 378 No 0 81 313 1254 No 0 2217 2274 324 No 0 No 0 No 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 City Council 22 – 630 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Intersection Settings Located in CBD No Signal Coordination Group Cycle Length [s] Coordination Type Actuation Type Offset [s] - 90 Time of Day Pattern Coordinated Fully actuated 0.0 Lead Green - Beginning of First Green SingleBand Offset Reference Permissive Mode Lost time [s]12.00 Phasing & Timing Control Type Signal Group Permiss Permiss Unsigna Permiss Permiss Permiss Split 0 Permiss 0 Split 8 Split 0 Split 4 Overlap 4060020 Auxiliary Signal Groups Lead / Lag 2,4 -- 0 -- 0 - 0 -- 0 - 0 - 0 - 6 - 0 - 10Minimum Green [s] Maximum Green [s] Amber [s] 10 10 10 30 3.0 1.0 21 3.0 0 0 30 0 0 30 0 0 0 30 3.0 1.0 40 3.0 0 0 30 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 3.0 1.0 29 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 0.0 0.0 0 3.0 1.0 21 All red [s] Split [s] Vehicle Extension [s] Walk [s] 0.0 0 3.0 7 0.0 0 0.0 0 3.0 7 0.0 0 0.0 0 0.0 0 0.0 0 3.0 0 Pedestrian Clearance [s] Delayed Vehicle Green [s] Rest In Walk 0 18 0 0 14 0 0 0 0 0 0 0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 0.0 No 2.0 2.0 No No No 0.0 0.0 1.00 0.0 l1, Start-Up Lost Time [s] l2, Clearance Lost Time [s] Minimum Recall 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 2.0 No Maximum Recall Pedestrian Recall Detector Location [ft] Detector Length [ft] I, Upstream Filtering Factor No No 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.001.00 1.00 1.00 1.00 1.00 1.00 1.00 Exclusive Pedestrian Phase Pedestrian Signal Group Pedestrian Walk [s] 0 0 0Pedestrian Clearance [s] City Council 22 – 631 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Lane Group Calculations Lane Group C, Cycle Length [s] C C C R L C C R 90 90 90 90 90 90 90 90 L, Total Lost Time per Cycle [s] l1_p, Permitted Start-Up Lost Time [s] l2, Clearance Lost Time [s] g_i, Effective Green Time [s] g / C, Green / Cycle 4.00 0.00 2.00 52 4.00 0.00 2.00 52 4.00 0.00 2.00 52 4.00 0.00 2.00 9 4.00 4.00 4.00 4.00 0.00 0.00 0.00 0.00 2.00 2.00 2.00 0.00 17 17 17 73 0.58 0.33 6792 3951 11.70 0.50 1.00 0.58 0.00 1.00 1.00 0.58 0.27 6792 3951 10.80 0.50 1.00 0.39 0.00 1.00 1.00 0.58 0.25 1855 1079 10.47 0.50 1.00 1.23 0.00 1.00 1.00 0.10 0.07 2813 278 39.45 0.11 1.00 3.83 0.00 1.00 1.00 0.19 0.19 0.19 0.81 0.13 0.13 0.14 0.45 1781 1814 1702 2813 (v / s)_i Volume / Saturation Flow Rate s, saturation flow rate [veh/h] c, Capacity [veh/h]332 338 317 2286 d1, Uniform Delay [s]34.31 34.22 34.55 2.86 0.11 0.11 0.11 0.50 1.00 1.00 1.00 1.00 2.74 2.54 3.35 0.95 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 k, delay calibration I, Upstream Filtering Factor d2, Incremental Delay [s] d3, Initial Queue Delay [s] Rp, platoon ratio PF, progression factor Lane Group Results X, volume / capacity d, Delay for Lane Group [s/veh] Lane Group LOS 0.56 12.28 B 0.46 11.19 B 0.43 11.70 B 0.74 43.29 D 0.70 0.69 0.74 0.55 37.05 36.75 37.91 3.81 D D D A Critical Lane Group No No No Yes No No Yes Yes 50th-Percentile Queue Length [veh/ln] 50th-Percentile Queue Length [ft/ln] 95th-Percentile Queue Length [veh/ln] 95th-Percentile Queue Length [ft/ln] 6.38 4.86 121.52 8.48 211.91 4.98 124.41 8.63 215.87 2.32 58.04 4.18 104.48 4.96 4.93 5.04 2.34 124.0 123.3 125.9 58.38 8.61 8.58 8.72 4.20 215.3 214.3 217.9 105.0 159.40 10.52 262.92 City Council 22 – 632 9/17/2024 Generated with Scenario 2: 2 PM Existing Version 2022 (SP 0-8)[Caltrans] Related Bristol, Santa Ana Movement, Approach, & Intersection Results d_M, Delay for Movement [s/veh] Movement LOS 0.00 12.28 B 0.00 0.00 11.29 B 11.70 B 0.00 0.00 43.29 D 37.05 D 37.59 D 3.81 A d_A, Approach Delay [s/veh] Approach LOS 12.28 B 11.29 B 43.29 D 15.81 B d_I, Intersection Delay [s/veh] Intersection LOS 13.93 B Intersection V/C 0.650 Other Modes g_Walk,mi, Effective Walk Time [s] M_corner, Corner Circulation Area [ft²/ped] M_CW, Crosswalk Circulation Area [ft²/ped] d_p, Pedestrian Delay [s] 0.0 0.00 0.00 0.00 0.000 F 0.0 0.00 0.00 0.00 0.000 F 11.0 0.00 0.00 34.68 2.265 B 11.0 0.00 0.00 34.68 2.770 C I_p,int, Pedestrian LOS Score for Intersection Crosswalk LOS s_b, Saturation Flow Rate of the bicycle lane c_b, Capacity of the bicycle lane [bicycles/h] d_b, Bicycle Delay [s] 2000 555 2000 555 2000 800 2000 378 23.48 2.474 B 23.48 2.317 B 16.21 1.560 A 29.62 3.173 C I_b,int, Bicycle LOS Score for Intersection Bicycle LOS Sequence Ring 1 Ring 2 Ring 3 Ring 4 - - - - 2 6 - 4 - 8 - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- --- City Council 22 – 633 9/17/2024 Date:August 9, 2024 Prepared by: Meaghan Truman, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:Late Comment Letters on the DEIR for the Related Bristol Specific Plan Project Received before August 10, 2024 (SCH No. 2020029087) Dear Mr. Pezeshkpour, The 45-day public comment period for the SEIR of the Related Bristol Specific Plan Project began July 6, 2023, and ended on August 21, 2023, as documented on the City’s website, the Orange County Clerk’s website, and State Clearinghouse. Under CEQA, a lead agency is required to consider comments on the Draft SEIR and to prepare written responses, if a comment is received within the public comment period. (Pub. Resources Code, § 21091, subd. (d); CEQA Guidelines, § 15088.) When a comment letter is received after the close of the public comment period, however, a lead agency does not have an obligation to respond. (Pub. Resources Code, § 21091, subd. (d)(1); Pub. Resources Code, § 21092.5, subd. (c)(“Nothing in this section requires the lead agency to respond to comments not received within the comment periods specified in this division, to reopen comment periods, or to delay acting on a negative declaration or environmental impact report.”).) Although a lead agency is not required to respond to late comments, it may choose to do so. (Gray v. County of Madera (2008) 167 Cal. App. 4th 1099, 1110 (Gray), citing Pub. Resources Code, § 21091, subd. (d)(1); CEQA Guidelines, § 15088; Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 925, fn. 10 (Gilroy Citizens)). The three letters were received by the City of Santa Ana after the 45-day public comment period for the Draft SEIR ended on August 21, 2023. However, the City of Santa Ana has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions in the comment letter. EPD Solutions, Inc. has reviewed the letter and provided responses for the Lead Agency’s consideration in review of the Related Bristol Specific Plan Project at the August 12, 2024, Planning Commission Hearing. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. Please find the letter and response to comments attached. Respectfully, Meaghan Truman 1 City Council 22 – 634 9/17/2024 Letter L1: Doris Rodriguez (1 page) Late Comment letter 2 City Council 22 – 635 9/17/2024 Response to Letter L1: Doris Rodriguez, dated August 7, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L1.1: This comment expresses a concern for traffic congestion in the area due to buildout of the proposed Project. The comment also states that the noise, traffic, and air quality impacts would affect the quality of life for nearby residents. Response L1.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Environmental topics related to the quality of life for City residents have been evaluated throughout the SEIR in sections that include: Section 5.1 Air Quality, Section 5.5 Greenhouse Gas Emissions, Section 5.6 Hazards and Hazardous Materials, Section 5.9 Noise, Section 5.10 Population and Housing, Section 5.11 Public Services, Section 5.13 Transportation, and Section 5.15 Utilities and Service Systems. As discussed in Section 5.1 Air Quality, the Project would result in a less than significant localized significance and health risk impact to the nearest sensitive receptors located 130 feet west of the Project site throughout all phases of development with the implementation of General Plan FEIR Mitigation Measures AQ-1 and AQ-2 as well as Project Mitigation Measures AQ-1 through AQ-6. In addition, as discussed in Section 5.9 Noise, noise impacts to the nearest sensitive receptors located 130 feet west of the Project site would be less than significant throughout all phases of development and full buildout of the Specific Plan. Therefore, the Project would not result in significant air quality or noise impacts on nearby residents. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. Regarding traffic remediation, Figure 3-12, Proposed Circulation Plan, in the Draft SEIR, the Project includes multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. Draft Supplemental EIR Section 3.0, Project Description, details various roadway improvements that would be implemented as part of the Project to improve the existing roadways and provide for the increased vehicular volume from the Project site. In addition, each future proposed development under the currently proposed Specific Plan Project will be reviewed through the City’s development review and permitting process for consistency with the approved Specific Plan and SEIR. This review would include VMT screening assessment and a focused traffic study to confirm consistency with the transportation findings made as a part of the Related Bristol Specific Plan SEIR, VMT screening assessment, and TIA. 3 City Council 22 – 636 9/17/2024 Letter L2: Les Goldberg (2 pages) Late Comment letter 4 City Council 22 – 637 9/17/2024 5 City Council 22 – 638 9/17/2024 Response to Letter L2: Les Goldberg, dated August 7, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L2.1: This comment states that the City should not be developing in an already developed area, and the City should focus on developing in impoverished areas, solving the homeless crisis, and creating affordable housing. The comment concludes by asking whether the rent for the proposed residential units would be affordable. Response L2.1: This comment does not provide substantial evidence of a significant environmental impact. The Project site has been designated as a District Center by the City of Santa Ana General Plan where intense mixed-use development is encouraged. As discussed in Section 5.8 Land Use and Planning, of the Draft SEIR, the proposed Project would be consistent with its General Plan designation. The proposed Project would provide housing proximate to local employment centers, commercial retail services and restaurants for onsite residents and employees working nearby. In addition, the proposed Project would provide onsite open space and recreation activities that would integrate into the existing communities around the site. Thus, the redevelopment of the site and change to the area has been planned for by the City. In regard to the provision of affordable units by the Project, the proposed Specific Plan does not include specific requirements for affordable units. However, the proposed Project would result in a residential density of 91 du/ac, which would allow the potential for each proposed residential or mixed-use development to include affordable residential units. Section 3.6 of the proposed Specific Plan describes that the City of Santa Ana has established an Affordable Housing Opportunity and Creation Ordinance (AHOCO) to encourage the development of housing that is affordable to a range of households with varying income levels. The Ordinance is applicable to new residential projects within the Specific Plan area that meet certain criteria. As implementing projects in the Specific Plan area are submitted to the City for review, they would be required to comply with the City’s AHOCO or the Project’s Development Agreement when approved. In addition, affordable housing is an economic and social issue. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects. Because no environmental impacts related to affordable housing would occur, mitigation measures are not required. 6 City Council 22 – 639 9/17/2024 Letter L3: Tammy Frias (3 Pages) Late Comment Letter 7 City Council 22 – 640 9/17/2024 8 City Council 22 – 641 9/17/2024 9 City Council 22 – 642 9/17/2024 10 City Council 22 – 643 9/17/2024 Response to Letter L3: Tammy Frias dated August 7, 2024 and August 8,2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L3.1: This comment states that the Ward 4 South Coast Metro Neighborhood leaders would like added benefits to the proposed Project which includes the undergrounding utility transmission lines surrounding the Project site, a full-service grocery store within the Project site, and several roadway improvements to the surrounding area. Response to Comment L3.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. Regarding roadway improvements, Figure 3-12, Proposed Circulation Plan, in the Draft SEIR, the Project includes multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi-modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. Draft Supplemental EIR Section 3.0, Project Description, details various roadway improvements that would be implemented as part of the Project to improve the existing roadways and provide for the increased vehicular volume from the Project site. In addition, each future proposed development under the currently proposed Specific Plan Project will be reviewed through the City’s development review and permitting process for consistency with the approved Specific Plan and SEIR. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.2: This comment expresses concern over the potential traffic increase along Bristol Street with implementation of the proposed Project and the proposed Segerstrom development. The commenter concludes that instead of adding bike lanes in front of the Project site, Bristol Street should be widened. Response to Comment L3.2: This comment does not provide substantial evidence of a significant environmental impact. As detailed in Draft SEIR Section 5. 13 Transportation, Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. The commenter incorrectly states that the implementation of bike lanes would only be in front of the Project site and would not connect to any existing bike lanes along Bristol Street. As discussed in Table 5.13-1 of the Draft SEIR, Bristol Street contains Class II bike lanes on both sides of the street which continue from Sunflower Avenue to West Central Avenue to the north. In addition, as discussed in Section 3.0, Project Description, further improvements to Bristol Street include new curb cuts, potential signalization of driveway between Callens Common and Sunflower Avenue, median improvements, and landscaped setbacks. 11 City Council 22 – 644 9/17/2024 Comment L3.3: This comment requests a lighted welcome sign to the South Coast Metro Area as well as a shuttle service for neighborhoods surrounding the Project site. Response to Comment L3.3: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.4: This comment states that there is a lack of police presence, and more law enforcement would be needed to keep up with the proposed development. Response to Comment L3.4: As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. Thus, police staffing concerns were adequately addressed in the Draft SEIR. Comment L3.5: This comment presents further provisions the commenter wishes to be included as part of the Project, including a name change for the South Coast Metro Community, a requirement of two parking spots per rental unit, a PAAL Program, Landscape/beautification, allowing rental apartments to be purchased, and a pedestrian walkway at the corner of Bristol Street and MacArthur Boulevard. Response to Comment L3.5: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. Comment L3.6: This comment concludes the letter by stating that the surrounding residents want a designated construction route, so construction vehicles avoid using MacArthur Boulevard to Bristol Street. Response to Comment L3.6: As discussed in Section 5., Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. Thus, no further response warranted. Comment L3.7: The commenter wishes that at least 85-90% of the development agreement fund be used in the South Coast Metro Ward #4 neighborhoods. The comment also includes an attached letter. Response L3.7: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no 12 City Council 22 – 645 9/17/2024 further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. In addition, responses to the comments raised in the attached letter are provided above in Responses L3.1 through L3.6. 13 City Council 22 – 646 9/17/2024 Date:August 12, 2024 Prepared by: Meaghan Truman, Associate Environmental Planner III To:Ali Pezeshkpour, apezeshkpour@santa-ana.org Related Bristol Specific Plan ProjectSite: Subject:Late Comment Letters on the DEIR for the Related Bristol Specific Plan Project Received after August 10, 2024 (SCH No. 2020029087) Dear Mr. Pezeshkpour, The 45-day public comment period for the SEIR of the Related Bristol Specific Plan Project began July 6, 2023, and ended on August 21, 2023, as documented on the City’s website, the Orange County Clerk’s website, and State Clearinghouse. Under CEQA, a lead agency is required to consider comments on the Draft SEIR and to prepare written responses, if a comment is received within the public comment period. (Pub. Resources Code, § 21091, subd. (d); CEQA Guidelines, § 15088.) When a comment letter is received after the close of the public comment period, however, a lead agency does not have an obligation to respond. (Pub. Resources Code, § 21091, subd. (d)(1); Pub. Resources Code, § 21092.5, subd. (c)(“Nothing in this section requires the lead agency to respond to comments not received within the comment periods specified in this division, to reopen comment periods, or to delay acting on a negative declaration or environmental impact report.”).) Although a lead agency is not required to respond to late comments, it may choose to do so. (Gray v. County of Madera (2008) 167 Cal. App. 4th 1099, 1110 (Gray), citing Pub. Resources Code, § 21091, subd. (d)(1); CEQA Guidelines, § 15088; Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 925, fn. 10 (Gilroy Citizens)). Multiple letters for the Project, against the Project, or neutral letters were received by the City of Santa Ana after the 45-day public comment period for the Draft SEIR ended on August 21, 2023. However, the City of Santa Ana has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed Project. The number designations in the responses are correlated to the bracketed and identified portions in the comment letter. EPD Solutions, Inc. has reviewed the letter and provided responses for the Lead Agency’s consideration in review of the Related Bristol Specific Plan Project at the August 12, 2024, Planning Commission Hearing. As further detailed in the individual responses to comments below, none of the comments indicate that there would be a substantial increase in the severity of a previously identified environmental impact that would not be mitigated, or that there would be any of the other circumstances requiring recirculation as described in CEQA Guidelines Section 15088.5. No new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented, there is no substantial increase in the severity of an environmental impact, no feasible project alternative or mitigation measure considerably different from others previously analyzed would lessen the environmental impacts of the Project, and the Draft and Final SEIR are not fundamentally inadequate and conclusory in nature. Please find the letter and response to comments attached. Respectfully, Meaghan Truman 1 City Council 22 – 647 9/17/2024 Letter L4: Katie Perez (1 page) Late Comment Letter 2 City Council 22 – 648 9/17/2024 Response to Letter L4: Katie Perez, dated August 10, 2024 Comment L4.1: This comment states that the commenter is dissatisfied with communications on the Project and found out about the hearing through a post on Nextdoor. The comment states that those who would be affected by the large increase in traffic should have been notified. Response L4.1: This comment does not provide substantial evidence of a significant environmental impact. As discussed on page 2-5 of the Draft Supplemental EIR in Section 2.0, Introduction, the City of Santa Ana held a scoping meeting for the proposed Project to solicit oral and written comments from the public and public agencies. The public scoping meeting was held on March 30, 2023. Comments received at the meeting are contained in Appendix A of the Draft Supplemental EIR. Additionally, the City of Santa Ana, as Lead Agency, prepared a NOP for the proposed Project, which was distributed to nearby businesses and residents within a 1000-foot radius of the Project site on March 17, 2023 for a 30-day public review and comment period that ended on April 17, 2023. The Draft Supplemental EIR was circulated for a 45- day public review period that allowed for public comments. Additionally, the Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion. In addition, Policy M-1.4 from the City’s Mobility Element (as listed on page 5.13-3 of the Draft Supplemental EIR) states that the City intends to “maintain at least a vehicle level of service “D” for intersections of arterial streets, except in areas planned for high intensity development or traffic safety projects”. The Project site has a General Plan land use designation of District Center-High, which is intended for transit-oriented and high-density urban villages and mixed uses. Comment L4.2: This comment states that crime is rising within the area, and there have been several accidents along Bristol Street which would increase due to the increase in traffic brought by the proposed project. Response L4.2: This comment does not provide substantial evidence of a significant environmental impact. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. Thus, police staffing concerns were adequately addressed in the Draft SEIR. The commenter provides no substantial evidence regarding a traffic safety impact. As discussed on Draft SEIR page 5.13-11, the Project would include multiple circulation improvements to connect the proposed 3 City Council 22 – 649 9/17/2024 redevelopment of the site to the existing circulation system adjacent to the site, including installation of signals, where warranted, to ensure traffic safety. All of the proposed Project driveways, roadway improvements, and access designs would be required to meet the City’s traffic engineering design standards as a part of the City’s development review and permitting approval process. Comment L4.3: This comment questions what the City would do with the homeless population that currently utilize the Project site. Comment L4.3: This comment does not provide substantial evidence of a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, including effects on the homeless in the area. Comment L4.4: This comment concludes the letter by stating that nobody in the area wants high rise apartment to be developed and that the community strongly opposes the proposed Project. Comment L4.4: The comment does not provide any specific concerns regarding the environmental impacts or analysis associated with the proposed Project and merely provides their opinion that they oppose the Project. As such, no further response is warranted. This comment and responses will be forwarded to City decision makers as part of the Project’s staff report for their review and consideration. 4 City Council 22 – 650 9/17/2024 Letter L5: Huy Nguyen (2 pages) Late Comment Letter 5 City Council 22 – 651 9/17/2024 6 City Council 22 – 652 9/17/2024 Response to Letter L5: Huy Nguyen, dated August 10, 2024 Comment L5.1: This comment expresses concern about the vibration impacts from heavy machinery operating within the Project site and being transported along adjacent roads (specifically MacArthur Boulevard) during construction activity. Response to Comment L5.1: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR adequately describes potential vibration impacts associated with the use of heavy machinery and trucks on page 5.9-31 of the Draft SEIR. As discussed, truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. Comment L5.2: This comment suggests that construction traffic would result in delays and increased traffic along adjacent roads. The commenter suggests an alternative construction route to avoid impacting residents along MacArthur Boulevard to reduce traffic congestion. Response to Comment L5.2: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion during construction. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. 7 City Council 22 – 653 9/17/2024 Comment L6: Nathan Foss (1 page) Late Comment Letter 8 City Council 22 – 654 9/17/2024 Response to Comment L6: Nathan Floss, dated August 9, 2024 Comment L6.1: This comment expresses concern about new gas emissions and other hazardous airborne materials during construction of the proposed Project. Response to Comment L6.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed in Section 5.1 Air Quality of the Draft Supplemental EIR, emission impacts on nearby sensitive receptors would be mitigated to a less than significant level with the implementation of General Plan FEIR Mitigation Measure AQ-1 which requires off-road construction equipment greater than 50 horsepower to meet CARB Teir 4 Final emissions standards as well as Project Specific Mitigation Measure AQ-2 which requires the proposed Project to use “Super Compliant” low VOC paints to reduce ROG emissions. In addition, the proposed Project would include Project Specific Mitigation Measure AQ-1 which would require the inclusion of construction exhaust and dust control measures to ensure that localized impacts on nearby sensitive receptors would be less than significant during the construction process. Further, during construction, the Project would be required to adhere to SCAQMD Rules, such as SCAQMD Rule 403, which requires tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soils, or other loose materials and watering of loose soil. Therefore, the Project would not result in hazardous airborne materials during construction. 9 City Council 22 – 655 9/17/2024 Letter L7: Josh Nelson (2 pages) Late Comment Letter 10 City Council 22 – 656 9/17/2024 11 City Council 22 – 657 9/17/2024 Response to Comment L7: Josh Nelson dated August 12, 2024 Comment L7.1: This comment states that the proposed Project is too dense and does not conform with the surrounding land uses. The commenter states that the large increase in population to the Project site would bring traffic issues and that an alternative site west of the freeway would better serve the proposed Project. The comment concludes by stating that a reduced density of 45 dwelling units per acre would be better suited for the Project site. Response to Comment L7.1: The comment does not raise a specific issue with the adequacy of the Draft SEIR or raise any other CEQA issue. The proposed Project is a Specific Plan that delineates the maximum buildout of the Specific Plan area. Future residential development projects may not include the maximum allowable number of residential units and would be reviewed through the City’s development review and permitting process. Further, it should be noted that the existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac), and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5. Regarding the concern about the increased traffic that would result from the Project, the number of vehicle trips that would result from each phase of the Project is provided in Table 5.13-3, Proposed Project Trip Generation, of the Draft SEIR. As shown on Figure 3-12, Proposed Circulation Plan, the Related Bristol Specific Plan identifies multiple circulation improvements to connect the proposed redevelopment of the site to the existing circulation system adjacent to the site in a manner that would implement efficient multi- modal circulation to, from, and within the Project site, including pedestrian circulation, bicycle lanes, bus stop improvements within the High Quality Transit Area. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. However, the Supplemental EIR is not required to analyze impacts related to traffic congestion. Nevertheless, a TIA has been prepared for the Project and is publicly available on the Project’s website. As discussed in Section 6.0 Alternatives, an Alternative site was considered but rejected as the Project objectives are to redevelop the Project site consistent with the objectives of the City’s GPU District Center- High (DC-5) land use designation and South Bristol Street Focus Area that includes new mixed-use development with housing in proximity to transit. In addition, due to the urban and built out nature of the City, development of 3,750 multi-family residential units, 350,000 SF of commercial uses, a 250 room hotel, and 200 senior living/continuum of care units on another 41.13-acre underutilized site at a different location would likely require demolition of existing structures, require similar mitigation, and have similar impacts as the proposed Project. It would be infeasible to develop and operate the proposed Project on an alternative site with fewer environmental impacts, while also implementing the City’s GPU. 12 City Council 22 – 658 9/17/2024 Letter L8: Susan Grasse (1 page) Late Comment Letter 13 City Council 22 – 659 9/17/2024 Response to Letter L8: Susan Grasse, dated August 11, 2024 This comment letter was received after the public review and comment period ended (July 6, 2023, through August 23, 2023). As stated in Section 15088 of the CEQA Guidelines, Lead Agencies are not required to respond to letters received outside of the noticed comment period. However, the following responses have been prepared to provide clarity regarding the environmental concerns that have been raised. Comment L8.1: This comment states that the commenter has several concerns regarding the proposed Project including security for patrons in the underground parking garage. Response L8.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of security within parking garages. However, as noted on page 5.11-12 of the Draft SEIR, the Project would include development of an administrative Police Department substation within the commercial use area. In addition, the Project would include low-intensity security lighting, security cameras, electronic access to residential buildings, and onsite security personnel. Therefore, adequate security for public patrons would be included within the Project. Comment L8.2: This comment states that the commenter has concerns for student pedestrian safety and commuter traffic safety due to construction equipment along streets. Response L8.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As required by Mitigation Measure AQ-1, the Project Applicant must prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic. Therefore, the Project would not result in safety issues related to construction equipment conflicting with pedestrians or commuter vehicles. Comment L8.3: This comment states that the commenter is concerned about solid and airborne debris from trucks. Response L8.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. During construction, the Project would be required to adhere to SCAQMD Rules, such as SCAQMD Rule 403, which requires tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soils, or other loose materials. Therefore, the Project would not result in solid or airborne debris from construction truck travel. Comment L8.4: This comment states that the commenter is concerned for handicapped accessibility for stores and restaurants during and after construction. Response L8.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Issues related to parking and handicap accessibility are not a CEQA consideration. However, during construction phasing, the Project would provide adequate ADA parking stalls and handicap accessibility for buildings that remain open. During Project operation, the Project would provide adequate ADA parking stalls and paths of travel pursuant to California Building Code requirements. Comment L8.5: This comment states the commenter is concerned about increased traffic on Sunflower Avenue from the hotel and apartments. 14 City Council 22 – 660 9/17/2024 Response L8.5: Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion on Sunflower Avenue. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. Comment L8.6: This comment states the commenter is concerned about physical impacts on residential buildings from heavy trucks traveling on City streets, such as broken or cracked windows. Response L8.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. The Draft SEIR adequately describes potential vibration impacts associated with the use of heavy machinery and trucks on page 5.9-31 of the Draft SEIR. As discussed, truck vibration levels are dependent on vehicle characteristics, load, speed, and pavement conditions. However, typical vibration levels for heavy truck activity at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise Impact and Vibration Assessment. Truck movements on site would be travelling at very low speed, so it is expected that truck vibration at nearby sensitive receivers would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. Comment L8.7: This comment states that the commenter is concerned about school transportation for elementary school children residing in present and future apartments. Response L8.7: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of school transportation. This comment will be forwarded to decision makers as part of the staff report for the Project. Comment L8.8: This comment states that the commenter is concerned about the loss of Vons for a higher- end store. Response L8.8: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of the type of grocery store that would be included in the Project. Comment L8.9: This comment states that the commenter is concerned about beautification of the area. 15 City Council 22 – 661 9/17/2024 Response L8.9: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of beautification. However, as discussed on page 5.16-7 of the Draft SEIR, the Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099; therefore, the Project’s aesthetic and parking impacts are not considered significant effects on the environment. Comment L8.10: This comment states that the commenter is concerned about a community center onsite. Response L8.10: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of a community center onsite. This comment will be forwarded to City decision makers as part of the staff report for the Project. 16 City Council 22 – 662 9/17/2024 Letter L9: Kelly Lumen (2 pages) Late Comment Letter 17 City Council 22 – 663 9/17/2024 18 City Council 22 – 664 9/17/2024 Response to Letter L9: Kelly Lumen, dated August 11, 2024 Comment L9.1: This comment states that the commenter is opposed to the zone change that would allow for mixed-use development and a hotel in Santa Ana and that the change would have significant negative impacts on the community that must be carefully considered. Response L9.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is introductory in nature. Pursuant to the requirements of CEQA, the Draft and Final SEIR discussed all reasonably foreseeable environmental effects of the proposed Project, including effects on the surrounding community. Therefore, no further response is warranted. Comment L9.2: This comment states that the Project would likely displace existing local businesses, which could result in a loss of diversity in the commercial landscape, leading to economic instability. Response L9.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of local businesses or economic impacts. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L9.3: This comment states that this area of Santa Ana already experiences significant traffic and congestion issues and the Project will lead to longer commute times, increased pollution, and a general decline in quality of life for residents. Response L9.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. In regard to increased pollution, the Draft SEIR properly analyzed potential effects related to increased air quality emissions associated with the proposed Project. As discussed, emissions from operation of the proposed Project would exceed SCAQMD’s thresholds for NOx and ROG after implementation of existing regulations and mitigation. The majority of NOx emissions are from vehicles and the majority of ROG emissions would be derived from consumer products, neither of which the Project applicant nor the City have the ability to reduce emissions of. Therefore, both NOx and ROG emissions from implementation of the proposed Project would result in both a project level and a cumulatively considerable significant and unavoidable impact. Hence, Impacts AQ-1 and AQ-2 would be significant and unavoidable after mitigation. Impact AQ-3 would be less than significant with implementation of mitigation that requires CARB Tier 4 Final off-road construction equipment and construction exhaust and dust control, as detailed previously. Thus, impacts related to exposure of sensitive receptors to substantial pollutant concentrations would be less than significant with implementation of existing regulations and incorporation of mitigation. 19 City Council 22 – 665 9/17/2024 Comment L9.4: This comment states that the strain on existing infrastructure is immense and there would be costly upgrades that the taxpayers would ultimately bear, including additional traffic lanes, larger sewer and water services, and electrical services. The comment states that traffic studies likely assume that the new residents would use public transportation or not commute at all, which is incorrect. Response L9.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. In regard to traffic analysis, the commenter is referred to Response L9.3. Regarding infrastructure improvements, as detailed within Draft SEIR Chapter 3, the Project would include multiple circulation improvements to surrounding roadways and utility improvements, such as sewer and water line upgrades. As described in Section 5.15, Utilities and Service Systems, of the Draft SEIR, the Project would not result in significant impacts related to utility improvements or existing service systems. Comment L9.5: This comment states that the construction required for mixed-use and hotel developments poses serious environmental risks and there will be added pressure on City infrastructure, such as water, sewage, and waste management systems, which could lead to significant challenges in maintaining the quality of these services. Response L9.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR, which included a thorough analysis of potential environmental impacts associated with the construction of the Project. In regard to impacts on the infrastructure, such as water, sewage, and waste management services, the commenter is referred to Response L9.4 and the discussion within Section 5.15 of the Draft SEIR. Comment L9.6: This comment states that one of the most concerning aspects of the development is the potential for gentrification and displacement or urban blight. The comment discusses that the shift towards catering towards tourists rather than local citizens could shift the fabric of the community. This comment states that if the Project is not successful, the hotel might become a source of inflow for unhoused individuals. Response L9.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of gentrification, urban blight, or homelessness. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L9.7: This comment urges the Planning Commission to consider alternatives that support local business, enhance existing infrastructure, and protect community character. The comment states that investments in green spaces and public transportation would result in long term benefits and the commenter opposes the Project. Response L9.7: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is conclusionary in nature. This comment will be forwarded to City decision makers as part of the staff report for the Project. 20 City Council 22 – 666 9/17/2024 Letter L10: Dorothy J. Wall (1 page) Late Comment Letter 21 City Council 22 – 667 9/17/2024 Response to Letter L10: Dorothy J. Wall, dated August 11, 2024 Comment L10.1: This comment states that the City Council does not have the interests of the community as their top priority and this Project is not in the best interest of the community. The comment states that Bristol Street is already a traffic nightmare. The comment provides a discussion of corruption, that the residents have not been consulted enough, and that communication has been horrible on the Project. The comment states that the Project will have a negative impact on neighborhoods, roads, schools, businesses, and quality of life and that the commenter shops a lot in the center and does not want that to change. This comment states that the commenter will request resignations if the Project goes through. Response L10.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of community interests or general negative impacts on the community. This comment will be forwarded to City decision makers as part of the staff report for the Project. 22 City Council 22 – 668 9/17/2024 Letter L11: Ruya Urso (1 page) Late Comment Letter 23 City Council 22 – 669 9/17/2024 Response to Letter L11: Ruya Urso, dated August 11, 2024 Comment L11.1: This comment states that the commenter, the commenter’s husband, and the commenter’s daughter are opposed to the Project, and they will not be able to attend the hearing but would like to ensure their opposition is noted. Response L11.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. This comment will be forwarded to City decision makers as part of the staff report for the Project. 24 City Council 22 – 670 9/17/2024 Letter L12: Linda Genis (1 page) Late Comment Letter 25 City Council 22 – 671 9/17/2024 Response to Letter L12: Linda Genis, dated August 12, 2024 Comment L12.1: This comment states that there are too many units for the site and there could easily be more than 8,000 residents. Response L12.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed on page 5.10-8 of the Draft EIR, the Project would result in approximately 9,238 residents based on the Santa Ana GPU FEIR person per household generation rate. While the Draft EIR’s analysis relies on the person per household generation rate of 2.41 from the GPU FEIR, due to the potential unit type which would be developed within the Related Bristol Specific Plan, the applicant has commissioned a study that suggests buildout could result in a lower generation rate of 1.74 persons per household (Concord, 2023). Based on 1.74 PPH, buildout of the Project would result in 6,725 residents inclusive of senior units. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L12.2: This comment states that the open space should be 3 to 5 acres per 1,000 people and the Project would result in open space at 1.6 acres per 1,000 people. The comment states that Santa Ana is already short of open space compared to neighboring cities and questions how open space was calculated. Response L12.2: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed on page 5.12-8 of the Draft SEIR, while the proposed Project would provide approximately 17.21 acres of public and private open space, inclusive of 13.1 acres of publicly accessible open space and recreational facilities onsite, per the requirements of the Related Bristol Specific Plan, the proposed Project’s provision of parkland would not meet the City of Santa Ana’s GPU performance standard of 3 acres of parkland for every 1,000 residents, either on the site or cumulatively. As the existing ratio of acreage of parks and recreational facilities to existing City population results in a parkland deficiency of approximately 154.44 acres, development of the proposed Project would continue to result in a deficiency in parkland throughout the City of Santa Ana. The Project proposes to provide approximately 1.4 acres of publicly accessible open space per 1,000 residents, which exceeds the approximately 1.2 acres per 1,000 residents currently existing within the City. In order to comply with the GPU policy of 3 acres of parkland per 1,000 residents, the proposed Project would require 27.7 acres of parkland or the dedication of approximately 67.3 percent of the Project site. While the proposed Project would provide approximately 17.21 acres of public and private open space onsite, inclusive of 13.1 acres of publicly accessible open space and facilities, and would comply with applicable Municipal Code requirements, the proposed Project would not provide 27.7 acres of parkland and recreation facilities onsite and would not meet the City of Santa Ana’s performance standard for parkland, either on the site or cumulatively through the availability of parks and recreation facilities citywide. As discussed in the GPU FEIR, the City of Santa Ana is essentially fully built out and there is a lack of available vacant land to develop substantial new parks or expand existing facilities. Therefore, there would be no feasible mitigation measures that would be able to reduce the proposed Project’s contribution to significant impacts related to the City’s unsatisfactory level of resident to parkland ratio. As such, impacts would be significant and unavoidable, which is consistent with the findings of the GPU FEIR. Comment L12.3: This comment states that too many mitigations are required. Response L12.3: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. No further response is warranted, and this comment will be forwarded to City decision makers as part of the Project’s staff report. Comment L12.4: This comment states that although State law has relaxed parking requirements for near transportation lines, the City’s parking requirements are too low and ignore the fact that most people use 26 City Council 22 – 672 9/17/2024 cars for transportation. The comment states that ignoring this fact results in parking conflicts in neighboring residential areas. Response L12.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana. As discussed in Section 5.13, Transportation, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA routes: Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. OCTA Bus Route 553 connects to the Anaheim Regional Transportation Intermodal Center and OCTA Bus Route 86 connects to the Irvine Train Station. In addition, as shown on Figure 5.13-3, SCAG identifies that the Project site is within a High Quality Transit Area. As such, the proposed Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099. Thus, the proposed Project’s parking impacts are not considered significant on the environment pursuant to Public Resources Code Section 21099. This comment will be forwarded to City decision makers as part of the staff report for the Project. Comment L12.5: This comment questions if this is a bargaining chip the developer is using to gain approval for a somewhat smaller project. Response L12.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion and speculation This comment will be forwarded to City decision makers as part of the staff report for the Project. 27 City Council 22 – 673 9/17/2024 Comment L13: Teresa Saldivar (1 page) Late Comment Letter 28 City Council 22 – 674 9/17/2024 Response to Comment L13: Teresa Saldivar dated August 12, 2024 Comment L13.1: This comment expresses the commenters’ support for the proposed Project as it would attract business to the area and provide new jobs and tax revenue to the City. Response L13.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. 29 City Council 22 – 675 9/17/2024 Comment L14: Callie Callum (1 page) Late Comment Letter 30 City Council 22 – 676 9/17/2024 Response to Comment L14: Callie Cullum dated August 12, 2024 Comment L14.1: This comment requests that the planning commission limit the size of the buildings within the proposed Project as the area cannot handle the increased volume of people, increased crime and urbanization. Response L14.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11, Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. 31 City Council 22 – 677 9/17/2024 Comment L15: William Taylor (1 page) Late Comment Letter 32 City Council 22 – 678 9/17/2024 Response to Comment L15: William Taylor dated August 12, 2024 Comment L15.1: This comment states that the Project should not be approved based on the traffic impact alone and that there will be a noise and pollution impact based on the project size. The comment states that there is already a lot of congestion in the area and adding units to the area would result in significant delay. The comment states that the area already has adequate grocery stores and restaurants so no more are needed and the area cannot handle that much population density. The comment states that the Project should be rejected. Response L15.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. As discussed in Section 5.1 Air Quality, Emissions from operation of the proposed Project would exceed SCAQMD’s thresholds for NOx and ROG after implementation of existing regulations and mitigation. The majority of NOx emissions are from vehicles and the majority of ROG emissions would be derived from consumer products, neither of which the Project applicant nor the City have the ability to reduce emissions of. Therefore, both NOx and ROG emissions from implementation of the proposed Project would result in both a project level and a cumulatively considerable significant and unavoidable impact. Hence, Impacts AQ-1 and AQ-2 would be significant and unavoidable after mitigation. However, the Project would result in a less than significant localized significance and health risk impact to the nearest sensitive receptors located 130 feet west of the Project site throughout all phases of development with the implementation of General Plan FEIR Mitigation Measures AQ-1 and AQ-2 as well as Project Mitigation Measures AQ-1 through AQ-6. In addition, as discussed in Section 5.9 Noise, noise impacts to the nearest sensitive receptors located 130 feet west of the Project site would be less than significant throughout all phases of development and full buildout of the Specific Plan. Therefore, the Project would not result in significant air quality or noise impacts on nearby residents. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. 33 City Council 22 – 679 9/17/2024 Comment L16: Pete (2 pages) Late Comment Letter 34 City Council 22 – 680 9/17/2024 35 City Council 22 – 681 9/17/2024 Response to Comment L16: Pete dated August 12, 2024 Comment L16.1: This comment states that the Applicant is proposing funds for low-income housing and other funds for community benefit and that the areas around the Project will be greatly impacted by the Project. The comment states that the commenter feels that the area and City will benefit from sensible development. The comment states that previous development agreements were not delivered as promised (per the attached document). Response L16.1: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as economic effects related to the development agreement. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L16.2: This comment states that the EIR reports that the traffic will increase in the area by 260 percent and that the Project will make congestion worse. The comment states that portions of Macarthur Boulevard are not ADA compliant and people with disabilities are forced into the streets. The comment states that the flow of construction traffic is not discussed in the EIR and that residents will be impacted by construction trucks, commuters and increased noise, gas emissions, hazards and hazardous wastes. The comment states that the commenter would like to have better details on the mitigation of those effects. The comment asks what the queuing on Macarthur Boulevard for Greenville Fundamental School would look like. Response L16.2: This comment does not provide substantial evidence of a significant environmental impact. The Draft SEIR Section 5.13, Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the Supplemental EIR is not required to analyze impacts related to traffic congestion during construction or operation of the Project. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. In regard to increased noise, gas emissions, hazards and hazardous waste, the commenter is referred to the Draft SEIR’s discussions in Section 5.1, Air Quality, Section 5.6, Hazards and Hazardous Materials, and Section 5.9, Noise, which include thorough discussions of Project impacts on those topic areas and further analysis of applicable mitigation measures, which would serve to reduce potential impacts. No further response is warranted. 36 City Council 22 – 682 9/17/2024 In regard to queuing on Macarthur Boulevard related to Greenville Fundamental School, the Project site is located over half a mile from the school and would not result in direct queuing impacts to or from the school. Comment L16.3: This comment states that no funds were earmarked within the Community Benefits for improvements to the South Coast Neighborhoods and residents of Ward 4 will be the most affected by the development. The comment states that the commenter would like an oversight committee established to oversee the Development Agreement funds. Response L16.3: This comment does not provide substantial evidence of a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft SEIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include discussion of allocation of Development Agreement funds. This comment will be forwarded to City decision makers as part of the staff report for the Project. 37 City Council 22 – 683 9/17/2024 Comment L17: Nhu Ngyen (1 page) Late Comment Letter 38 City Council 22 – 684 9/17/2024 Response to Comment L17: Nhu Nguyen dated August 12, 2024 Comment L17.1: This comment expresses concern over the number of units proposed for the Specific Plan. The comment claims that the area does not have capacity for the potential growth induced from the Project resulting in additional traffic on Bristol Street and Macarthur Boulevard. Response L17.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. In regard to school services, as discussed in Section 5.11 Public Services, the need for additional school facilities is addressed through compliance with school impact fee assessment. SB 50 (Chapter 407 of Statutes of 1998) sets forth a state school facilities construction program that includes restrictions on a local jurisdiction’s ability to condition a project on mitigation of a project’s impacts on school facilities in excess of fees set forth in the Government Code. These fees are collected by school districts at the time of issuance of building permits for commercial, industrial, and residential projects. The existing Santa Ana Unified School District development impact fee is $4.08 per square foot for all new residential development, and $0.66 per square foot for new commercial development. Pursuant to Government Code Section 65995 applicants pay developer fees to the appropriate school districts at the time building permits are issued; and payment of the adopted fees provides full and complete mitigation of school impacts. As described in Section 3.0, Project Description, of the Draft SEIR, an administrative Police Department Substation (no transfers or bookings) would be located within the commercial use area of the Project site. The substation would provide space for the expansion of policing services in the southern portion of the City and would provide the ability to quickly respond to emergency calls from within the Project site. The specific location would be determined prior to construction of the first phase of the proposed Project. Also, in Section 5.11 Public Services, it describes that the proposed Project would address typical residential security concerns by providing low-intensity security lighting, security cameras, electronic access to buildings, and onsite security personnel. Pursuant to the City’s existing permitting process, the Police Department would review and approve the final site plans to ensure that the City’s Crime Prevention 39 City Council 22 – 685 9/17/2024 through Environmental Design (CPTED) measures (General Plan Policy PS-2.1) are incorporated appropriately to provide a safe environment, including areas within parking garages. 40 City Council 22 – 686 9/17/2024 Comment L18: Lisa Lacey (1 page) Late Comment Letter 41 City Council 22 – 687 9/17/2024 Response to Comment L18: Lisa Lacey dated August 12, 2024 Comment L18.1: This comment states that the proposed Project would result in additional congestion and displace current businesses. Response L18.1: Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. Regarding the displacement of businesses, CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, including the displacement of businesses. 42 City Council 22 – 688 9/17/2024 Late Comment L19: Micheal J. Hixson (1 page) Late Comment Letter 43 City Council 22 – 689 9/17/2024 Response to Comment L19: Michael J. Hixson dated August 12, 2024 Comment L19.1: This comment letter offers the commenter’s support of the proposed Project as the Specific Plan would result in an upgrade of the existing commercial uses that would enhance the entire area. Response to Comment L19.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. 44 City Council 22 – 690 9/17/2024 Comment Letter L20: Catherine Creech (2 pages) Late Comment Letter 45 City Council 22 – 691 9/17/2024 46 City Council 22 – 692 9/17/2024 Response to Comment L20: Catherine Creech dated August 12, 2024 Comment L20.1: This comment letter was provided by the applicant team includes an attached letters of support from a mix of residents, local and civil organizations, nonprofits, business and regional stakeholders. Response to Comment L20.1: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. The Draft SEIR was prepared pursuant to CEQA Statute and the CEQA Guidelines in order to provide a meaningful discussion of the proposed Project and its resulting potential environmental impacts as a means of public disclosure. Thus, no further response is required or provided; however, this comment will be forwarded to all decision makers as part of the Staff Report for the Project. The letters of support included in the commenter letter have been included in this FEIR as Attachment A. 47 City Council 22 – 693 9/17/2024 Comment L21: Larry Rein (3 pages) Late Comment Letter 48 City Council 22 – 694 9/17/2024 49 City Council 22 – 695 9/17/2024 50 City Council 22 – 696 9/17/2024 Response to Comment L21: Larry Rein, dated August 12, 2024 Comment L21.1: This comment states that the Project will have a major impact on the character and nature of the neighborhood and the commenter believes that additional public input is needed. The comment states that the commenter has only attended the first Sunshine Meeting and has not attended any others are they were unaware of them. The comment states that the commenter has just scanned the environmental documents. Response L21.1: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as economic effects related to the character and nature of the community. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.2: This comment states that the notice was sent to those who live within 1,000 feet of the Project, which is not adequate. The comment states that the hearing should be pushed back two weeks. Response L21.2: This comment does not provide substantial evidence of a significant environmental impact or provide any comments on the Draft or Final SEIR. The commenter erroneously states the notice of public hearing was provided to a 1,000-foot radius. The notice of public hearing was sent to a 2,000-foot radius and included both owners and occupants. As such, adequate notice was provided to surrounding residents pursuant to the City Municipal Code and a continuation of the public hearing is not warranted. Comment L21.3: This comment states that the Project would result in a large amount of residents and asks how the density compares to developments around Anaheim Stadium. The comment asks if future population growth will support the development given the outmigration from California. Response L21.3: The comment does not raise any specific environmental concern with the analysis within the Draft Supplemental EIR or requirements of the proposed Specific Plan. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. In regard to future population growth, CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The Project’s potential economic and social effects are not considered effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Thus, consistent with CEQA, the Draft Supplemental EIR includes an analysis of the Project’s potentially significant physical impacts on the environment and does not include substantial discussion of the Project’s economic or social effects, such as outmigration from California and future population trends. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.4: This comment provides concerns regarding overflow parking and states that improvements are needed to the local freeway exits if rush hour traffic is added and requests the City talk to Caltrans and OCTA about this. The comment requests that sidewalks are built and that the commenter 51 City Council 22 – 697 9/17/2024 was not impressed with traffic ingress and egress. The comment states that bus convenience has not been adequately addressed. The comment also states that mitigation should be required if windy day flight patterns are affected and additional air traffic occurs over single family homes. The comment further states that more electric charging stations are needed and the local electrical grid probably needs improvements. Response L21.4: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion. The Project proposes a mixed-use infill development located in a TPA on an urban and developed site in the City of Santa Ana. As discussed in Section 5.13, Transportation, the City of Santa Ana Traffic Impact Study Guidelines Appendix A identifies that the Project site is located within a TPA. The Project area is served by six OCTA routes: Routes 55, 57, 76, 86, 150, and 553. Specifically, OCTA Route 57 serves as a high-quality bus stop with headways of 15 minutes or less during weekday peak commute hours. OCTA Bus Route 553 connects to the Anaheim Regional Transportation Intermodal Center and OCTA Bus Route 86 connects to the Irvine Train Station. In addition, as shown on Figure 5.13-3 of the Draft SEIR, SCAG identifies that the Project site is within a High Quality Transit Area. As such, the proposed Project is located on an infill site within a TPA as defined under Public Resources Code Section 21099. Thus, the proposed Project’s parking impacts are not considered significant on the environment pursuant to Public Resources Code Section 21099. This comment will be forwarded to City decision makers as part of the staff report for the Project. The commenter provides no substantial evidence regarding impacts to Caltrans facilities. Regarding traffic safety, a queueing analysis was conducted for the Project site as part of a supplemental traffic analysis (as provided in Appendix A to this Final Supplemental EIR), which determined that the Project would result in adequate storage capacity for the Caltrans on- and off-ramps. At ramps in which the queueing exceeds the storage provided, spillover queues can be accommodated upstream of the turn pockets. Summaries of the results are provided in Tables 8, 9, 10, 11, 12, 13 and 14 of the supplemental traffic analysis (as provided in Appendix A to the Final SEIR), which shows that none of the analysis scenarios would result in the potential for spill beyond the designated storage lane with the exception of the Year 2045 scenario for the Bear Street at the SR-73 northbound ramp. However, this potential spill beyond the designated storage lanes would also occur without the addition of the Project in year 2045. As such, the Project would not cause a potential safety concern at Caltrans intersections. In regard to air traffic concerns, the Draft Supplemental EIR provides a comprehensive discussion related to the FAA FAR Part 77 Horizontal Obstruction Imaginary Surface for SNA. In Section 5.6, Hazards and Hazardous Materials, on page 5.6-3, it is described that FAA FAR Section 77.17 (Obstruction Standards) states that an object could be an obstruction to air navigation if it is higher than 200 feet above ground level or the 100:1 imaginary surface and therefore, requires notification to FAA (per FAR Part 77). As detailed on page 5.6-7, the Orange County AELUP states that an object that would be constructed within the height restriction or imaginary surface area of the airport is not necessarily incompatible but would be subject to FAA notification and an FAA aeronautical study to determine whether the proposed structures would constitute a hazard to air navigation or would affect the operation of the airport. On page 5.6-12 of the Draft Supplemental EIR it is described that the Project site is located within the 206-foot-high imaginary surface area for SNA, which is shown on Figure 5.6-4; and therefore, FAA notification for the proposed Project would be required. Draft Supplemental EIR Figure 5.6-4 identifies the South Bristol Street Focus Area and the Project site’s location within the SNA Horizontal Surface Elevation of 206 feet AMSL. This information is also provided in Section 5.8, Land Use and Planning, on page 5.8-18 within the discussion of height restrictions. Page 5.6-27 of the Draft Supplemental EIR states that the tallest point on the buildings would be approximately 285 feet above the existing ground level, which is approximately 30 feet above sea level. Thus, the top of the tallest point on the buildings would be approximately 315 feet above sea level. It is 52 City Council 22 – 698 9/17/2024 further described that because the Project site is located 1.4 miles northwest of SNA and is not within the Airport’s safety zone, the proposed Project would not result in a safety hazard. However, as shown on Figure 5.6-1, the Project site is located within the 206-foot-high imaginary surface area for SNA, and the proposed Project may include structures of 25 stories that would extend to approximately 315 feet above sea level. Therefore, FAA notification and study of the proposed Project structures above 206-feet high is required. In regard to additional electric vehicle chargers, pursuant to Mitigation Measure GHG-2, the Project would be required to provide facilities to support electric charging stations per the Tier 2 standards in Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the 2022 CALGreen Code. In regard to electric infrastructure, the GPU FEIR determined that increased electricity demands at full buildout are within the forecasted demand in Southern California Edison’s service area; therefore, impacts would be less than significant. As the Project is within the forecasted growth analyzed by the GPU FEIR, there is adequate electric infrastructure within the vicinity of the Project. Comment L21.5: This comment states that the whole neighborhood will be impacted by the loss of the current businesses and the development should coordinate with the adjacent Segerstrom development. The comment states that the base elevation for the site does not need to match the existing and that would reduce the amount of overexcavated materials. The comment states that a better solution to drainage would be to construct percolation wells for groundwater recharge and that pavement materials should be recycled. Response L21.5: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and presents the commenter’s opinion on potential additional improvements. This comment will be forwarded to City decision-makers as part of the staff report for the Project. Comment L21.6: This comment provides comments and questions on the proposed resolutions for the Planning Commission Hearing item for the Project and reiterates previous comments. Response L21.6: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR and is conclusionary in nature. This comment will be forwarded to City decision-makers as part of the staff report for the Project. 53 City Council 22 – 699 9/17/2024 Comment Letter L22: Douglas Richardson (1 page), Late Comment Letter City Council 22 – 700 9/17/2024 Response to Comment L22: Douglas Richardson dated August 12, 2024 Comment L22.1: This comment states that the commenter is against the proposed Project due to the Projects size and scope, length of time to complete, the upending of residents and businesses, and environmental impacts. Response L22.1: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. A general response to a general comment is sufficient. (Browning-Ferris Indus. v. City Council (1986) 181 Cal.App.3d 852, 862.) The Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. As discussed throughout the Draft Supplemental EIR, mitigation measures would be required for impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources as these impact areas are potentially significant after the imposition of existing regulations and standards conditions. As detailed throughout the Draft Supplemental EIR, specifically in Sections 3.0 Project Description, and 5.8 Land Use and Planning, the proposed Project is within the General Plan allowable density for the site. The existing General Plan District Center High (DC-5) land use designation has an allowable density of 125 dwelling units per acre (du/ac) and maximum height of 25 stories, and the proposed development would result in a maximum density of 91 du/ac, which is 34 du/ac below the maximum allowed by DC-5, which was evaluated previously by the City in the GPU FEIR. Therefore, additional demands from buildout of the site have also been cumulatively evaluated as part of buildout of the City. The commenter incorrectly states that residents would be relocated due to implementation of the proposed Project, however there are currently no residents located within the Project site. City Council 22 – 701 9/17/2024 Comment L23: Jennifer Richardson (1 page) late Comment Letter City Council 22 – 702 9/17/2024 Response to Comment L23: Jennifer Richardson, dated August 12, 2024 Comment L23.1: This comment states that the commenter is against the proposed Project due to the Projects size and scope, length of time to complete, and environmental impacts. Response to Comment L23.1: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. A general response to a general comment is sufficient. (Browning-Ferris Indus. v. City Council (1986) 181 Cal.App.3d 852, 862.) The Draft Supplemental EIR provides an accurate and thorough analysis of all of the Project’s potential environmental impacts pursuant to CEQA. As discussed throughout the Draft Supplemental EIR, mitigation measures would be required for impacts related to air quality, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, noise, and tribal cultural resources as these impact areas are potentially significant after the imposition of existing regulations and standards conditions. Comment L23.2: This comment urges the City to reject the Project due to the significant and unavoidable impacts, especially those regarding air quality impacts. Response to Comment L23.2: The comment does not provide substantial evidence of a significant environmental impact or the need to recirculate the Draft Supplemental EIR. Ultimately, it is up to the City to determine what the Project benefits are and if they would outweigh any potential significant and unavoidable impacts. In accordance with CEQA Section 21081(b) and CEQA Guideline Section 15093, in order to approve the Project, the City is required to determine that the unavoidable adverse environmental impacts identified above may be considered acceptable due to specific considerations which outweigh the unavoidable, adverse environmental impacts of the Project. If the City approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the City shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The Statement of Overriding Considerations (SOC) shall be supported by substantial evidence in the record. If the City decides to approve the project and makes a SOC, the statement will be included in the record of the project approval and will be mentioned in the notice of determination. Per Public Resources Code § 21002.1 (a), the purpose of an environmental impact report is to identify the significant effects on the environment of a project, to identify alternatives to the project, and to indicate the manner in which those significant effects can be mitigated or avoided.” Therefore, the Draft Supplemental EIR is not intended to serve as the justification for adopting a SOC or as basis for the approval or denial of the Project, but to disclose the environmental consequences of approving the Project and a SOC. Through the public hearing process, the decision-makers within the City will take into consideration the environmental impacts caused by the Project in if it decides to approve the Project, a SOC will be required. The SOC is included as Exhibit 1 to the Staff Report. City Council 22 – 703 9/17/2024 Comment L24: Sally Day (1 page) Late Comment Letter City Council 22 – 704 9/17/2024 Response to Comment L24: Sally Day, dated August 12, 2024 Comment L24.1: This comment states that the proposed Project would result in traffic congestion in the area. Response to Comment L24.1: The comment does not raise any specific environmental concern with the analysis within the Draft SEIR. Draft SEIR Section 5.13 Transportation, details that Senate Bill (SB) 743 changes include the elimination of auto delay, LOS, and similar measures of vehicular capacity or traffic congestion as the basis for determining significant impacts. As part of the 2019 amendments to the State CEQA Guidelines, SB 743 directed that the revised CEQA Guidelines “shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses” (Public Resources Code Section 21099[b][1]); and that “automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment” (Public Resources Code Section 21099[b][2]). As such, pursuant to Public Resources Code Section 21099(b)(2), the SEIR focuses on analysis of Vehicle Miles Traveled (VMT) criteria and improvements to the circulation system along the Project’s frontage to accommodate buildout of the proposed Project, pursuant to the City’s recent General Plan Update. Further yet, the SEIR is not required to analyze impacts related to traffic congestion. Nevertheless, a Traffic Impact Analysis was prepared for the Project and is publicly available on the City’s Project website. This comment will be forwarded to all decision makers as part of the staff report for the Project. City Council 22 – 705 9/17/2024 Comment L25: Katherine Freeman (1 page) Late Comment Letter City Council 22 – 706 9/17/2024 Response to Comment L25: Katherine Freeman, dated August 12, 2024 Comment L25.1: This comment expresses a concern for heavy construction trucks traveling from the 55 freeway off ramp on Dyer Road which turns onto Segerstrom Avenue. Response to Comment L25.1: This comment does not provide substantial evidence of a significant environmental impact. As discussed in Section 5.1, Air Quality, proposed Specific Plan Mitigation Measure AQ-1: Construction Exhaust and Dust Control requires the preparation of a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclist, and other non-truck traffic. As such, the Project would be required to follow a designated construction route to avoid residential areas in the vicinity of the Project. City Council 22 – 707 9/17/2024 Letters of Support On behalf of Related Bristol, we sincerely appreciate all of the stakeholders who have taken the time and effort to participate in our community outreach process. We have been greatly encouraged that the Project has been well-received and express sincere gratitude to our supporters who share our vision and aspirations for Related Bristol, Santa Ana, and Orange County. Key Supporters Include: Business Organizations & Companies Existing Metro Town Square Retail Tenants• • • • Santa Ana Chamber of Commerce Travel Santa Ana • • • • • • Albertson's/Von's Hans’ Homemade Ice Cream The Boiling CrabOrange County Business Council Orange County Hispanic Chamber of Commerce Grounded Planet, Inc. Wang Cho BBQ• • • • Apartment Association of Orange County California Apartment Association Octane South Coast Pediatric Dentistry Neighborhood Associations, Community Groups, and IndividualsS&A Management •G7 Neighborhood Leaders Alliance (represents leadership of 17 city neighborhood associations) Lee DeLeon, President and Founder of Templo Calvario church Nonprofit Organizations • • • Hope Builders Goodwill of Orange County Girl Scouts of Orange County (Santa Ana Chapter) • • • • • • • Sal Tinajero• • • • • Frida Theater & DTSA ArtWalk Kidworks Jeffrey Katz (Floral Park) Irma Jauregui (Wilshire Square) Michael Hixson (Sandpointe) Timothy Rush (Wilshire Square) Pam and Larry Marshburn (South Coast Shores) Orange County United Way Mater Dei High School Cristo Rey Orange County High School (Santa Ana) • • • • • • Maurizio Bertoldi (South Coast Shores) Astrid and Michal Collins (Metro Classic) Katherine Freeman (Republic Homes) Elizabeth Hansburg, People for Housing Kevin Ting, Santa Ana resident Hundreds of other individuals City Council 22 – 708 9/17/2024 Dave Elliott, President & CEO, Santa Ana Chamber of Commerce Dear Commissioners or Councilmembers, My name is David Elliott, President & CEO of the Santa Ana Chamber of Commerce. On behalf of the Chamber, its Board of Directors and 400-plus business and community members, I’m proud to extend our full support for Related Bristol—a project that fits perfectly with the ethos and identity of Santa Ana as we look forward to growing the future of this great city. At the Chamber, we aim to grow economic opportunity in Santa Ana by representing and attracting a wide range of businesses to the city. Our staff efforts run the gamut, from recruiting to marketing to employee training—and we believe it is working. Our city’s businesses are increasingly diverse and critical to Santa Ana’s bright future, ranging from healthcare and medical devices to manufacturing, retail and hospitality. For that reason, we fully support Related Bristol because of its economic and community benefits. The project will be the single largest private investment in Santa Ana’s 154-year history at nearly $3 billion. Moreover, Related Bristol will generate approximately $10.7 million in annual tax revenue to the city, create 5,900 jobs during construction and 1,700 permanent jobs once the development is completed. Plus, Related Bristol will provide sorely needed housing for professional class families and individuals. It’s the kind of project that has the potential for lasting impact on our city and economy. Approval of Related Bristol will truly create a new destination for community and connection and become a new gateway to our wonderful city. I urge you to support Related Bristol for the benefit of our entire city. Sincerely, Dave Elliott President & CEO, Santa Ana Chamber of Commerce City Council 22 – 709 9/17/2024 Christa Sheehan, Deputy Director, Hope Builders Dear Commissioners or Councilmembers, My name is Christa Sheehan, Deputy Director of Santa Ana-based Hope Builders. In every city in America, it is now a reality: employers lack a reliable pipeline for middle-skill jobs. Closer to home, Orange County companies are constantly seeking access to skilled talent— with the need growing every year. At Hope Builders, established nearly three decades ago by the Sisters of St. Joseph of Orange, we believe the young adults needed to fill these opportuniIes are right here in our own backyard. They simply need a hand up and the proper training and mentorship to navigate a pathway to rewarding work, self-esteem and a future career. Since 1995, Hope Builders has transformed the lives of 6,000 individuals mostly from challenged and troubled backgrounds by training and equipping them with job and life skills to graduate and secure lasIng employment. The results, I’m proud to share, have been profound: 97% of our trainees are hired upon graduaIon and 80%, on average, retain employment. This is a remarkable human success story for the graduates and their families right here in Santa Ana, where the need for our program has never been greater. It is why Hope Builders is excited about Related Bristol and the transformaIve opportunity it presents to our community and especially our trainees. If approved and built, this visionary project with its mix of housing, retail, senior living and a hotel will create 7,600 construcIon and permanent jobs. As important, the developer, Related California, has commiWed to locally hire a minimum of 10% of the construcIon labor and acIvely market to Hope Builders and other local vocaIonal programs. Related and Hope Builders are already underway in discussions on how to collecIvely implement and maximize these local hiring and acIve market efforts together moving forward. Hope Builders exists to unlock the greatness of young adults. Many of them have only known poverty, drugs, gangs, abuse and broken homes. Related Bristol won’t solve these deeply rooted societal issues, however it will provide opportunity and opImism right here in Santa Ana where nearly 80% of our graduates have grown up. City Council 22 – 710 9/17/2024 Please join Hope Builders and say “yes” to Related Bristol and the overwhelming impact it will bring to our great city. Sincerely, Christa Sheehan Deputy Director, Hope Builders City Council 22 – 711 9/17/2024 City Council 22 – 712 9/17/2024 September 29, 2023 euben Franco, CEO & President, Orange County Hispanic Chamber of Commerce Dear C ommissioners or Councilmembers, Nearly four decades ago, the Orange County Hispanic Chamber of Commerce was established to serve the region’s rapidly growing number of Hispanic-owned businesses. Today, I am honored to be the CEO and president of the Chamber that represents and serves Orange County’s 30,000 Hispanic-owned companies and businesses by providing opportunities for networking, access to capital, education, training programs and legislative advocacy. Santa Ana by virtue of its rich history, location in the heart of Orange County and large Hispanic population, has always been a vitally important city in our efforts to bring more opportunities to those businesses and their employees we represent. Related Bristol is a special kind of mixed-used development that marries the best of what we advocate for: local investment in the community, significant job creation and access to new opportunities and experiences for all individuals. The project will be the single largest private investment at $3 billion in Santa Ana’s 154-year history. Creating 7,600 new jobs and delivering $10.7 million in annual tax revenue is a game changer for Santa Ana as well as those businesses and individuals who will work at project during construction or once it is completed. Add to all of this the Related’s commitment to hire locally where possible and the project stands to set a new standard for development in Santa Ana. Beyond the impressive economic benefits, Related Bristol will create what every thriving city needs, a new destination where people go to build community and learn about other cultures. This development on south Bristol Street in the South Coast Metro area will become a new gateway into Santa Ana, a city continuing to emerge as central hub of employment, new business and growth in our county. The OCHCC is proud to support Related Bristol, and I humbly ask that you join us. Sincerely, CEO & President Orange County Hispanic Chamber of Commerce Mailing Address: 27762 Antonio Pkwy Suite L1-463 Ladera Ranch, CA 92694 www.ochcc.org (714) 953-4289 Office Address: The Cove @ UCI UCI Beall Applied Innovation 5270 California Avenue Irvine, CA 92697 City Council 22 – 713 9/17/2024 City Council 22 – 714 9/17/2024 October 11, 2023 Dear Commissioners or Councilmembers, Since the founding of the Girl Scouts movement more than a century ago, our focus has been on empowering girls to become leaders in their communities by equipping them with critical life skills through exploration and confidence-building activities. Whether visiting a local animal shelter, performing community service, filming a movie, or camping outdoors, Girl Scouts learn to take risks and trust their instincts while working with others. In Santa Ana, the Girl Scouts are making a difference. In fact, this past year alone, more than 1,500 girls from elementary to high school were part of a neighborhood troop – a record in the city. Girl Scouts also opened a new brick-and-mortar office near downtown Santa Ana to provide more local access to program services and much- needed space for the girls and troop leaders to hold weekly gatherings. However, the organization’s future growth will not happen fast enough without more conveniently located meeting spaces in this city. Council Headquarters 9500 Toledo Way, Suite#100 Irvine, CA 92618 P: 949-461-8800 girlscoutsoc.org The need for Girl Scouts and their mentoring and leadership services in the county’s second-largest city is unquestioned. However, the acute shortage of safe and secure places to hold meetings and activities that are walkable or near public transportation for young girls and their families is a challenge. Related Bristol’s proposed development in south Santa Ana begins to address this challenge and offers real hope for the Girl Scouts and numerous other local groups. The developer plans to include a community center in its new mixed-use project for use by nonprofits, neighborhood associations, civic groups, and service organizations. The mix of residential, shops, services, restaurants, and open space would make the Related Bristol development project an ideal location for the Girl Scouts to continue growing its essential presence in Santa Ana. Please join us in supporting projects like these to address a community need. Sincerely, Dr. Vikki Shepp Chief Executive Officer Girl Scouts of Orange County Girl Scouts of Orange County City Council 22 – 715 9/17/2024 City Council 22 – 716 9/17/2024 Wendy Haase, President & CEO, Travel Santa Ana Dear Commissioners or Councilmembers, My name is Wendy Haase, president and Chief Executive Officer of Travel Santa Ana. As founder of this organization in 2021, I believe deeply in our city as a highly desirable Orange County destination for business, leisure, meetings, sports and group travel. Centrally located and easy to access by car, train and air, Santa Ana has tremendous potential to grow as a travel and visitor market. To reach that full potential, Santa Ana needs to continue adding exciting, new destinations to its existing mix of attractions. If built, Related Bristol can very quickly become part of Santa Ana’s growing allure as a place to visit for fun, hold business gatherings or simply live within walking distance of the office or a short drive to a multitude of unique activities. It will attract locals and visitors alike to the planned mix of unique shops, cafes and wide range of dining options at all price points planned for Related Bristol that will reflect the region’s diversity and history. As Santa Ana’s primary tourism promotion organization dedicated to creating long-term economic growth for the city, I belief this type of project will set the standard for future development along the Bristol Street Corridor as well as across the city. It will contribute greatly to the city’s efforts to bring more positive attention—and significant sales and hotel bed tax revenues—to Santa Ana as we compete in our highly competitive Orange County market for leisure and business travelers. Travel Santa Ana looks forward to all the incredible opportunities this project will bring to our city. Please join me in saying “Yes” to Related Bristol. Thank you, Wendy Haase President & CEO Travel Santa Ana City Council 22 – 717 9/17/2024 September 26, 2023 Dear Commissioners and Councilmembers, As President and CEO of Goodwill of Orange County, I am delighted to share my support and enthusiasm for the Related Bristol development in south Santa Ana. For nearly 100 years in our community, Goodwill has been commiꢀed to train people for meaningful jobs in a variety of industries, including retail sales, custodial services, maintenance, hospitality and more. Related Bristol will generate 7,600 new jobs, including 1,600 permanent jobs once the mixed-use project is complete. These will be much needed local hiring opportuniꢁes for our job training graduates, who leave our program in search of employment and a chance to secure what we all seek in life: economic independence and a beꢀer quality of life. Related Bristol will also transform two-city blocks of our city, replacing an aging and increasingly vacant shopping center into a vibrant new desꢁnaꢁon for families and friends to connect, explore new cultures and build community, opportuniꢁes we all seek more of in our busy lives. Through the years, Goodwill’s ability to impact and improve lives has been built on creaꢁng meaningful connecꢁons between people, and Related Bristol, as envisioned, will become a place for individuals to meet and socialize with others in a safer and more appealing environment. As a Santa Ana-based nonprofit, with its corporate headquarters, a naꢁonally-recognized veteran’s services center and seven retail stores all located in the city, we care deeply about Santa Ana’s future. Related Bristol is the type of opportunity and future neighbor we need more of in our great city. Please ensure our community does not miss out on this tremendous opportunity to improve our economy and quality of life in Santa Ana. I urge you to approve Related Bristol. Thank you, Nicole Suydam President & CEO Goodwill of Orange County City Council 22 – 718 9/17/2024 January 18, 2024 Dear Commissioners or Councilmembers, My name is Scott Melvin, Vice President of School Relations at Mater Dei High School. For nearly 75 years, Mater Dei High School has been proud to call Santa Ana its home. From its humble beginnings with 111 students in 1950 to the nationally recognized high school it is today with approximately 2,000 students, our leadership has enthusiastically embraced this city. We understand our success as a leading Catholic college preparatory school is inextricably tied to the positive growth of this city as an economic, cultural and social center of Orange County. It is why we are excited about opportunities like the transformational mixed-use project Related Bristol in South Santa Ana just a few blocks from our campus on South Bristol Street. Related Bristol is unprecedented in its vision and scale, and it will most certainly become the type of vibrant destination Mater Dei students and their families as well as faculty, alumni and our legions of supporters will frequent often and point to as evidence of Santa Ana’s forward thinking and approach to smart, urban planning. Related Bristol will generate approximately $10.7 million in annual tax revenue for city use on a wide spectrum of projects and initiatives, and it will create 7,500 new jobs while serving as a catalyst to attract future positive investments in our city. Equally important, nearly one-third of the proposed 41-acre Related Bristol site be will actively programmed open space for recreation, live musical and theatrical entertainment, art shows, seasonal events, craft fairs and farmer’s markets. These 13 acres of open space (about the equivalent of 12 football fields) is truly a game-changer in a historic city where park space for outdoor and leisure activities is sorely needed. Approval of Related Bristol will truly create a new destination for community and connection in a city we have long embraced. As an institution that cares deeply about Santa Ana’s future, I urge you to support Related Bristol for the benefit of our entire city. Sincerely, Scott Melvin Vice President of School Relations, Mater Dei High School City Council 22 – 719 9/17/2024 City Council 22 – 720 9/17/2024 RE: Letter of Support for Related Bristol October 9, 2023 Dear Commissioners & Councilmembers, My name is Bill Carpou, Chief Executive Officer of Octane. As a nonprofit business organization, our mission is to connect people, resources and capital to help create 55,000 new high-paying jobs in the Orange County region by 2030, particularly in the rapidly expanding technology and medical technology sectors. Since our initiative’s launch in 2010, we have achieved more than 50% of that ambitious goal creating about 28,000 high-paying jobs, including many in greater Santa Ana. However, attracting this skilled labor force, including engineers, software programmers, and computer system analysts to fill these critical job opportunities remains a challenge. A shortage of quality housing with sustainable and environmentally-friendly features desired today by younger job seekers is hampering recruiting efforts by many companies. The housing that does exist or has been built recently does not follow an urban model for individuals who desire a walkable location and less reliance on cars to access everyday services, shops, restaurants, entertainment and recreation. They are seeking a vibrant community that matches their lifestyle whether working remotely, socializing with friends and colleagues or simply meeting new people. Related Bristol is the type of mixed-use development Octane believes can attract and retain the skilled labor pool needed to help drive our local economy. Santa Ana sits squarely in the heart of Orange County, benefitting from easy access to major freeways, commuter trains and one of the best regional airports in the nation. As a result, more companies want to relocate and expand their footprint in the area. Related Bristol will undoubtedly become a centerpiece to the region’s economic success story because it will deliver the housing and lifestyle amenities many individuals seek today. We are excited to support Related Bristol and we hope you will share our enthusiasm by supporting this visionary development. Sincerely, Bill Carpou Chief Executive Officer Octane 4041 MacArthur Blvd, Suite 260 Newport Beach, CA 92660 info@octaneoc.org 949 459 3366 Learn more at octaneoc.org City Council 22 – 721 9/17/2024 LOGAN CROW EXECUTIVE DIRECTOR 323-428-7411 logan@thefridacinema.org 305 E. 4th Street #100 Santa Ana, CA 92701 Esteemed Commissioners, My name is Logan Crow, and I am the Executive Director of The Frida Cinema, a 501(c)(3) nonprofit arts organization and movie theater located in Downtown Santa Ana. At the beginning of 2023, The Frida Cinema proudly took the reins of Santa Ana’s beloved monthly community cultural event, the DTSA First Saturday ArtWalk. As an organization dedicated not only to the cinematic arts, but to the larger conversation of the sharing, support of, and education of the arts at large, taking on and growing this initiative has been incredibly rewarding to our organization, as we deeply value our role and responsibility as one of so many organizations who dedicate themselves to advancing Santa Ana’s legacy as a vibrant home and destination for artists and arts enthusiasts, brimming with creative souls, galleries large and small, arts educational institutions, and fellow nonprofits who dedicate themselves to the arts. When we reached out for partnership support for the ArtWalk program, the Related Bristol development in south Santa Ana was one of the first entities to answer the call. Curious to learn more, I took the initiative to visit their offices, and was provided with an extensive and detailed overview of their vision, of which I would like to communicate my deep and enthusiastic excitement and support. It was hard not to imagine the incredible opportunities their plans for art exhibits, live entertainment, outdoor cinema nights, craft fairs, and public art displays would provide for our community of artists, as well as the opportunities for repose and recreation that would be provided by their parks and open-air plazas. And I was so impressed that their team was welcoming these introductions and conversations with organizations such as The Frida so early in what I am sure will be a very long process. I believe the arts are food for the soul, and in our bustling and chaotic world, the soul is often overlooked. As has been evidenced extensively, the arts are also an economic engine for local economies, as they attract adventurous souls who in turn support and engage with local businesses, helping to create the sort of landscape which fosters an increased sense of belonging and safety among residents. The arts connect, enrich, transform, and build communities. I am nothing but supportive of a development so keenly invested in ensuring that community access to the arts, and support of local artists and arts institutions, is a core paradigm of their model. I hope you will join me and support Related Bristol. Most sincerely, Logan Crow Executive Director, The Frida Cinema THEFRIDACINEMA.ORG Established February 21, 2014 as a 501(c)(3) nonprofit arts organization dedicated to enriching, connecting, and educating communities through the art of cinema. City Council 22 – 722 9/17/2024 1902 W. Chestnut Avenue Santa Ana, CA 92703 Office: 714.834.9400 Fax: 714-834-9494 www.kidworksoc.org Dear Commissioners or Councilmembers, I am a longtime resident of the great City of Santa Ana. I believe in our city and its bright future. Today, through my role at KidWorks, I have the privilege every day of supporting youth from underserved Santa Ana neighborhoods as they stretch themselves and grow to become young leaders. At KidWorks, we believe every child is born with unique gifts and talents. Our youth are able use their talents to ultimately impact the world and create meaningful, lasting change in their community. From pre-kindergarten thru college, KidWorks guides students step-by-step to help them develop into confident, self-reliant adults who are equipped for the professional world and are motivated to give back. Since KidWorks was established 30 years ago, thousands of Santa Ana students have successfully participated in our programs. The results are inspiring: nearly 100% of the KidWorks students graduate high school on time and go on to college, and 98% are grounded in the belief that they are equipped to face life’s challenges. Our success in large part is due to having committed community partners who believe in the mission and future of our organization, as well as the potential of our great city. Related California is one of those corporate believers and they are different than other real estate developers who build a project and then move on. Related is a long-term owner, who invests in their communities for the long run and takes pride in being a true community partner. I have witnessed this through their work in the Lacy Neighborhood and their housing development there a number of years ago. Related’s genuine understanding of its role and opportunity to improve the quality of life for all Santa Ana residents and their track record of providing mixed-income housing, is why I support their proposed Related Bristol redevelopment project in south Santa Ana. It will deliver remarkable economic benefits, including 7,600 new jobs and millions of dollars in annual tax revenue to the city for needed projects citywide. But just as impactful, Related will remain a long-term community partner because it is what they have done and will continue to do as the largest developer of mixed income housing California, including two affordable projects right here in Santa Ana. Santa Ana needs more partners like Related, which is why I support Related Bristol and encourage you to do the same. Thank you, David Benavides Executive Director/CEO ______________________________________________________________________________ KidWorks…We Unleash Youth Potential City Council 22 – 723 9/17/2024 ______________________________________________________________ 525 Cabrillo Park Drive, Suite 125, Santa Ana, CA 92701 Phone: (714) 245-9500 www.AAOC.com November 17, 2023 Santa Ana Planning Commission City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 Dear Commissioners, Orange County has long been one of the most attractive places to live and work in California. Our strong economy, close proximity to freeways and transportation centers, good schools, safe communities, and enviable weather have made this a desirable destination to live, work, play, raise families, invest capital, and locate businesses. However, all of this is at risk from a severe shortage of housing in Orange County, a reality that is challenging communities small and large across California. Experts say the state must double its current rate of housing production to 180,000 units annually to keep up with the expected population growth and demand in coming years. Moreover, all cities, including Santa Ana, are facing state-mandated requirements to plan for new housing – single and multi-family – to accommodate future projected growth. While Santa Ana is one of the few cities in California that has already met or exceeded its existing Regional Housing Needs Assessment (RHNA) allocation by the state, the need for more high-quality housing in Santa Ana, particularly along South Bristol Street where the city’s General Plan calls for higher density residential, should remain a focus and priority for city leaders. Related Bristol is exactly the type of visionary, mixed-use development the city and the region needs going forward. It will significantly benefit Santa Ana in terms of housing with 3,750 new units, it will deliver an expected $10.7 million in annual local tax revenue, and it will create 7,600 new jobs. This is potentially a $3 billion private investment, the largest in the city’s 154-year history, and it would be transformational for Santa Ana and an example of modern, innovative mixed-use development done right. On behalf of the Apartment Association of Orange County, I urge you to support and ultimately approve Related Bristol. Sincerely, David J. Cordero Executive Director City Council 22 – 724 9/17/2024 Fighting for a future of abundant housing in Orange County. peopleforhousing.org Honorable Councilmembers and Commissioners City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 January 20, 2023 Dear Commissioners or Councilmembers, My name is Elizabeth Hansburg, Co-Founder and Director of People for Housing Orange County. Our organization was founded in 2017 with a mission to advocate for more home building in Orange County to end the chronic and growing housing shortage, reduce housing costs and make room for current and future residents. We envision integrated Orange County communities, where every person has access to stable, affordable housing near jobs, community services, and high-quality educational opportunities. Related Bristol is the type of mixed-use redevelopment we need to create more housing opportunities across Orange County. The redevelopment of this aging, 50-year old, auto-oriented shopping center is a rare and unique opportunity to provide new housing in a high quality, infill environment, which is essential given the scarcity of empty, developable land in Orange County. The walkability and live / work possibilities of this urban, mixed use environment helps address issues such as the high cost of traditional residential construction and the very real environmental concerns from a continued heavy reliance on carbon-emitting single-occupancy-vehicles. Projects like Related Bristol are the future of sustainability – both economic and environmental– in today’s urban Orange County. Related Bristol’s mix of new, high-quality rental apartments, particularly for 27- to 50-year-old professionals who want a more walkable lifestyle close to major employers like Edwards Lifesciences, Anduril Defense Systems, Behr Paint and South Coast Plaza in central Orange County is critical. In addition, Related Bristol’s proposed senior continuum of care facility will address a seriously underserved need for more elder services and care as this population continues to remain and age in our local communities. This senior housing in particular provides opportunity for housing filtering, freeing up existing housing stock in adjacent communities for younger families or multigenerational families raising children. 1 City Council 22 – 725 9/17/2024 In sum, Related Bristol will help bridge multiple housing gaps. It is exactly the kind of forward thinking cities like Santa Ana not only need to consider, but embrace to create models of urban design and living for future generations. For these reasons, People for Housing OC strongly supports Related Bristol and urges you to do the same. Best regards, Elizabeth Hansburg Cofounder & Director Fighting for a future of abundant housing in Orange County. peopleforhousing.org 2 City Council 22 – 726 9/17/2024 City Council 22 – 727 9/17/2024 City Council 22 – 728 9/17/2024 City Council 22 – 729 9/17/2024 JEFFREY KATZ 1919 N. Heliotrope Dr. Santa Ana, CA 92706 (714) 296-8309 November 10, 2023 Dear Commissioners or Councilmembers, My name is Jeffrey Katz, a longtime resident of Floral Park in north Santa Ana, and a member of the G7 – an organization of 17 Neighborhood Association leaders in the city. As a resident who cares deeply about Santa Ana and has worked and served on numerous initiatives and organizations to improve the quality of life in our great city, I am writing to strongly urge you to support the Related Bristol mixed-use project along South Bristol Street. Projects of this importance and magnitude do not come along often, with profound economic and community benefits that will impact the entire city for generations, Related Bristol will be a major economic catalyst for our city generating 7,600 new construction and permanent jobs and $10.7 million in annual tax revenue. The total private investment of nearly $3 billion will ultimately be one of the largest in the city’s long history. This is a potential windfall for our city, which needs this type of economic infusion to sustain growth and address the multitude of opportunities and needs facing our city in the years ahead. Equally important, Related Bristol, with its mix of quality housing, shops, everyday services, senior housing and a hotel, will become a reimagined destination, replacing an aging 41-acre shopping center with a smart, sustainable model for future growth. It is the type of development envisioned by city planners and leaders in the General Plan, a more walkable, pedestrian-friendly environment where people and open space are the priority, not cars. Public safety is an issue across our city and a planned police substation at Related Bristol will help improve patrol response times and provide a visible presence to protect and reassure residents and visitors. The project also includes a much needed community center with flexible meeting space to hold neighborhood, nonprofit and civic gatherings. These vital community benefits will serve not just the residents of Related Bristol but those living nearby who want and need these services. City Council 22 – 730 9/17/2024 As a longtime Santa Ana resident of Santa Ana, I can say with confidence Related Bristol is one of those special opportunities I urge you to support and improve. Thank you, Santa Ana Resident and Attorney City Council 22 – 731 9/17/2024 October 16, 2023 Dear Commissioners or Councilmembers, As residents of Santa Ana, we believe Santa Ana is a special city, a place with a long history of influence and importance in the heart of Orange County. We moved here five years ago and bought a home in the Metro Classic neighborhood. We look forward to the potential improvements of amenities in the visionary Related Bristol development to go into our area. With each presentation we heard, our excitement and belief has grown about what the project will become as a community space to gather with friends, play in the park, or dine in the evening. We are excited for the addition of parks, plazas, and green open space, where people, not cars, are the priority. This pedestrian‐friendly village with a mix of shops, grocery store, restaurants, cafes, and outdoor spaces is just a short walk or bike ride for many of us who live in the area. For cycling enthusiasts like us, the landscaped setbacks and protected bike lanes on the major thoroughfares around the project will add to our desire to visit Related Bristol often and safely. A strong sense of community and culture as well as the ability to connect with friends, are important ingredients that contribute to quality of life and to the decision of where we want to live. The thoughtful, inclusive, and sustainable design of the project will greatly enhance the lifestyle and attractiveness of living in south Santa Ana and create a new model for future growth throughout our city. We consider the addition of this development as a major perk to where we live and should increase the value of our home moving forward. As a couple who invested in Santa Ana and simply want the very best for our city in the years ahead, we urge you to support the Related Bristol project. Thank you, Michael Collins TáàÜ|w VÉÄÄ|Çá Astrid and Michael Collins (Metro Classic Neighborhood Residents) 1814 W Moore Ave Santa Ana, CA 92604 swimmc@me.com 949‐338‐6682 City Council 22 – 732 9/17/2024 City Council 22 – 733 9/17/2024 City Council 22 – 734 9/17/2024 City Council 22 – 735 9/17/2024 City Council 22 – 736 9/17/2024 City Council 22 – 737 9/17/2024 City Council 22 – 738 9/17/2024 City Council 22 – 739 9/17/2024 City Council 22 – 740 9/17/2024 City Council 22 – 741 9/17/2024 City Council 22 – 742 9/17/2024 City Council 22 – 743 9/17/2024 City Council 22 – 744 9/17/2024 Thursday, August 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sal Tinajero Email santaanaspeech@gmail.com Address 3304 Aries Ct Santa Ana, CA, 92704 City Council 22 – 745 9/17/2024 ---------- Forwarded message --------- From: Victor D Mendez <vicdmendez@gmail.com> Date: Sat, Nov 11, 2023 at 11:27AM Subject: Support of the Proposed Related Bristol Mixed-use Project To: Amezcua, Valerie <Vamezcua@santa-ana.org>, Phil Becerra City Of Santa Ana Council <pbacerra@santa-ana.org>, Lopez, Jessie <jessielopez@santa-ana.org>, <dpenaloza@santa-ana.org>, Vazquez, Benjamin <bvazquez@santa-ana.org>, Hernandez, Johnathan <JRyanHernandez@santa- ana.org>, Phan, Thai <TPhan@santa-ana.org>, <eComment@santa-ana.org> I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. More importantly, having met the Project Lead for Related Bristol, Mr Steven Oh, I believe he brings the integrity, ethics, professionalism and personal demeanor needed for a project of this size and complexity. Mayor Amezcua raised the concern over falling revenues at the November 7th Council. Her concerns were validated in the Staff budget report presented on November 21st indicating declining revenues in key industries in the City. Furthermore, MainPlace Mall is losing its vitality and is not a competitive venue for consumers. Finally, the residents have expressed little appetite for extending Measure X taxes. It should be patently obvious it can no longer be business as usual in Santa Ana, if we are to maintain our quality of life and services for our residents. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue, which will help fill the forthcoming Measure X Gap. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. I support Related Bristol and urge you to approve this visionary development. Thank you, VICTOR D MENDEZ 2222 East First St.2 City Council 22 – 746 9/17/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Irma Jauregui Email irmapj@yahoo.com Address 1305 S Birch Street Santa Ana , CA, 92707 City Council 22 – 747 9/17/2024 Friday, May 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Michael Hixson Email mike@cadorealestate.com City Council 22 – 748 9/17/2024 Wednesday, June 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Rush Email timrush@bhhscaprops.com Address 1225 S Broadway Street, Wilshire Square Santa Ana, CA, CA, 92707 City Council 22 – 749 9/17/2024 City Council 22 – 750 9/17/2024 City Council 22 – 751 9/17/2024 City Council 22 – 752 9/17/2024 City Council 22 – 753 9/17/2024 City Council 22 – 754 9/17/2024 City Council 22 – 755 9/17/2024 City Council 22 – 756 9/17/2024 City Council 22 – 757 9/17/2024 City Council 22 – 758 9/17/2024 City Council 22 – 759 9/17/2024 City Council 22 – 760 9/17/2024 City Council 22 – 761 9/17/2024 City Council 22 – 762 9/17/2024 City Council 22 – 763 9/17/2024 City Council 22 – 764 9/17/2024 City Council 22 – 765 9/17/2024 City Council 22 – 766 9/17/2024 City Council 22 – 767 9/17/2024 City Council 22 – 768 9/17/2024 City Council 22 – 769 9/17/2024 City Council 22 – 770 9/17/2024 City Council 22 – 771 9/17/2024 City Council 22 – 772 9/17/2024 City Council 22 – 773 9/17/2024 City Council 22 – 774 9/17/2024 City Council 22 – 775 9/17/2024 City 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9/17/2024 City Council 22 – 901 9/17/2024 City Council 22 – 902 9/17/2024 City Council 22 – 903 9/17/2024 City Council 22 – 904 9/17/2024 City Council 22 – 905 9/17/2024 City Council 22 – 906 9/17/2024 City Council 22 – 907 9/17/2024 City Council 22 – 908 9/17/2024 City Council 22 – 909 9/17/2024 City Council 22 – 910 9/17/2024 City Council 22 – 911 9/17/2024 City Council 22 – 912 9/17/2024 City Council 22 – 913 9/17/2024 City Council 22 – 914 9/17/2024 City Council 22 – 915 9/17/2024 City Council 22 – 916 9/17/2024 City Council 22 – 917 9/17/2024 Tuesday, December 12, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Karen Hulen Email karenlynhulen13@gmail.com Address 6281 Pacific Pointe Drive Huntington Beach, CA, 92648 City Council 22 – 918 9/17/2024 Sunday, December 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Brian Altamirano Email brianaltamirano.business@gmail.com Address 2808 S Baker St. APT D Santa Ana, CA, 92707 City Council 22 – 919 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Denali Linehan Email denali.linehan@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 22 – 920 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kaj Linehan Email kaj.linehan@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 22 – 921 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Linehan Email telinehan@hotmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 22 – 922 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shaena Kwok Linehan Email shaenakwok@gmail.com Address 22522 Meadowwood Lake Forest, CA, 92630 City Council 22 – 923 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Asha Keramat Email asha.keramat@gmail.com Address 29709 Niguel Rd, Apt E Laguna Niguel, CA, 92677 City Council 22 – 924 9/17/2024 Wednesday, November 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Colby Northridge Email dcnorthridge@gmail.com Address 2230 Aralia St Newport Beach, CA, 92660 City Council 22 – 925 9/17/2024 Tuesday, November 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jan Johnson Email jcjohnson0625@gmail.com Address 23501 Avenida La Caza, #102 Coto De Caza, CA, 92679 City Council 22 – 926 9/17/2024 Tuesday, November 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Steve Johnson Email copious_razors.0j@icloud.com Address 23501 Avenida La Caza Coto De Caza, CA, 92679 City Council 22 – 927 9/17/2024 Monday, October 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Deborah Hicks Email chzpuff@sbcglobal.net Address 2629 N Santiago Street Santa Ana, CA, 92706 City Council 22 – 928 9/17/2024 Sunday, October 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jose Ruvalcaba Email joseluisruvalcaba1966@gmail.com Address 213 pine St Santa Ana , Ca, 92701 City Council 22 – 929 9/17/2024 Thursday, October 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sergio Escobar Email escobar.sergio14@yahoo.com Address 4709 W Henderson pl Santa Ana, CA, 92704 City Council 22 – 930 9/17/2024 Thursday, October 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kenia Cueto Email EduWorkforcePartners@gmail.com Address 12912 Villa Rose Dr. Santa Ana, CALIFORNIA, 92705 City Council 22 – 931 9/17/2024 Wednesday, October 18, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shogo Nakamura Email shooguu@gmail.com Address 426 Enclave Cir Costa Mesa, CA, 92626 City Council 22 – 932 9/17/2024 Tuesday, October 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Britni Hageman Email britni.hageman@gmail.com Address 4026 Mt. Everest Blvd. San Diego , CA , 92111 City Council 22 – 933 9/17/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sasha Law Email sashaholly@gmail.com Address 3926 S Timber St Santa Ana, CA, 92707 City Council 22 – 934 9/17/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Stanton Email michael@stanton.family Address 110 S. Tablerock Pl. Anaheim, CA, 92807 City Council 22 – 935 9/17/2024 Sunday, October 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Sarah Sattar Email sarahesattar@gmail.com Address 110 S Tablerock Pl Anaheim, CA, 92807 City Council 22 – 936 9/17/2024 Friday, October 13, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elizabeth Kennard Email ekennard007@gmail.com Address 5197 Vista Del amigo Yorba Linda, CA, 92886 City Council 22 – 937 9/17/2024 Thursday, October 12, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ryan Martin Email ryanhmartin516@gmail.com Address 1506 Weymount Pl Santa Ana, CA, 92705 City Council 22 – 938 9/17/2024 Tuesday, October 10, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Warren Felson Email warren.felson@argosypartners.co.uk Address 12 Via Coralle Newport Coast, CA, 92657 City Council 22 – 939 9/17/2024 Sunday, October 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Fred De La Riva Email fdelariva@lukdigital.com Address 8257 E Merryweather Lane Anaheim, CA, 92808 City Council 22 – 940 9/17/2024 Saturday, October 7, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Becky Clift Email becky.clift@wsp.com Address 35 Windchime Irvine, CA, 92603 City Council 22 – 941 9/17/2024 Friday, October 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Shannan Knitter Email shannan.knitter@wsp.com Address 15231 Laguna Canyon Road, Suite 100 Irvine, California, 92618 City Council 22 – 942 9/17/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Thu Doan Email thu-h@att.net Address 949 Vivid Ln Costa Mesa, CA, 92626 City Council 22 – 943 9/17/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Arthur Alderete Email art@arthuralderete.com Address 5299 Alton Parkway Irvine, CA, 92604 City Council 22 – 944 9/17/2024 Thursday, October 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Junsu Rim Email jae.rim@wsp.com Address 5285 acorn dr Huntington Beach, ca, 92649 City Council 22 – 945 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Carl Wong Email wong.carl@outlook.com Address 220 E Chapman Ave, Apt# 16 Placentia, California, 92870-4601 City Council 22 – 946 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kristine Peters Email kristinep@unitedwayoc.org Address 18012 Mitchell South Irvine, CA, 92614 City Council 22 – 947 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lee de Leon Email lee@tccdc.org Address 2501 W. 5TH ST. Santa Ana, CA, 92703 City Council 22 – 948 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Tjwan Tang Email tltang728@gmail.com Address 1613 N Hale Ave Fullerton , Ca, 92831 City Council 22 – 949 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michelle Marston Email michelle.marston79@gmail.com Address 20251 Cape Coral Lane 115 Huntington Beach, CA, 92646 City Council 22 – 950 9/17/2024 Wednesday, October 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Cynthia Kempner Email Condyk7777@gmail.com Address 3416, Summerset Circle Costa Mesa, Ca, 92626 City Council 22 – 951 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeremy Mintz Email jdawguclafan@yahoo.com Address 3916 Ballina Canyon Road Encino, CA, 91436 City Council 22 – 952 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Agnes Kim Email agnes.kim@wsp.com Address 12701 Arisotcrat Ave. Garden Grove, CA, 92841 City Council 22 – 953 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Glenda Tagle Email glenda.tagle@wsp.com Address 15231 Laguna Canyon Rd, Suite 100 Irvine, CA, 92618 City Council 22 – 954 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Margaret Gidula Email margaretgidula@gmail.com Address 721 Calle Divino San Clemente, California, 92673 City Council 22 – 955 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lauren German Email laurendl@live.com Address 36 El Corazon RSM, California, 92688 City Council 22 – 956 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elly Smith Email ellysawicky@gmail.com Address 14772 Candeda Pl. Tustin, CA, 92780 City Council 22 – 957 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Stuart Kirkland Email stu.kirkland@gmail.com Address 122 Via Serena Rancho Santa Margarita, CA, 92688 City Council 22 – 958 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Matonic Email mike.matonic@wsp.com Address 15231 Laguna Canyon Rd, Suite 100 Irvine, California, 92618 City Council 22 – 959 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Mohamed Hassan Email mohamed.hassan@englekirk.com Address 15231 Laguna Canyon Rd Ste 100 Irvine, California, 92618-7714 City Council 22 – 960 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ernie Bustamante Email ernie.bustamante@wsp.com Address 7300 East Kite Drive Anaheim, CA, 92808 City Council 22 – 961 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Oriana Diaz Email Oriana.Diaz@wsp.com Address 15231 Laguna Canyon Road, Irvine, CA, U, Suite 100 IRVINE, CA, 92618 City Council 22 – 962 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kari Kitley Email kari.kitley@wsp.com Address 15231 Laguna Canyon Rd., Suite 100 Irvine, California, 92618 City Council 22 – 963 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Maasa Alter Email alter.maasa@gmail.com Address 21237 Jasmines Way Lake Forest, CA, 92630 City Council 22 – 964 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Christopher Pham Email insomniacmusic@gmail.com Address 26462 San Ramon Way Mission Viejo, CA, 92692 City Council 22 – 965 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Luis Porrello Email laporrello@gmail.com Address 24202 Mimosa Drive Laguna Niguel, CA, 92677 City Council 22 – 966 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Meg Rothi Email megan.rothi@wsp.com Address 21312 Avenida Manantial Lake Forest, CA, 92630 City Council 22 – 967 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeff Mixer Email jeff.mixer@wsp.com Address 21 baldosa rancho santa margarita, ca, 92688 City Council 22 – 968 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Joel Richardson Email joelrichardson61@gmail.com Address 7701 Warner Avenue, Apratment C42 Huntington Beach, CA, 92647 City Council 22 – 969 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Claudia Neemia Email Claudia.Neemia@wsp.com Address 168 Oxford Lane La Habra, CA, 90631 City Council 22 – 970 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Elias Mendez Email elias_mendez714@yahoo.com Address 6328 Sombrero Ave Cypress, CA, 90630 City Council 22 – 971 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Rosemary Siu Email rosemary.siu@wsp.com Address 72 Tallowood, 100 Irvine, CA, 92620 City Council 22 – 972 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michelle Penrice Email michelle.penrice@wsp.com Address 15231 Laguna Canyon Road, Suite 100 Irvine, CA, 92618 City Council 22 – 973 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Michael Baroody Email mbaroody90@gmail.com Address 24201 El Pilar Laguna Niguel, CA, 92677 City Council 22 – 974 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bradley Nelson Email BRADLEY.C.NELSON@GMAIL.COM Address 252 ROBINHOOD LN. COSTA MESA, CA, 92627 City Council 22 – 975 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Meliss Brady Email mlbmelissa@gmail.com Address 4 via frontera Rancho Santa Margarita, California, 92868 City Council 22 – 976 9/17/2024 Tuesday, October 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Steve Neimeister Email steve.neimeister@wsp.com Address 110 Collins Avenue Newport Beach, CA, 92662 City Council 22 – 977 9/17/2024 Sunday, October 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name John Donahoejdonahoe7 Email jdonahoe7@gmail.com Address 1904 baycrest Santa ana, Ca, 92704 City Council 22 – 978 9/17/2024 Thursday, September 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bob Satmary Email bob.satmary@gmail.com Address 2822 Copa De Oro Dr Los Alamitos, CA, 90720 City Council 22 – 979 9/17/2024 Thursday, September 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lance Rava Email lancerava@hotmail.com Address 30252 Pacific Island Drive , Apt 190 Laguna Niguel , CA, 92677 City Council 22 – 980 9/17/2024 Wednesday, September 27, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Kristina James Email kristinagjames@gmail.com Address 1101 W. MACarthur Blvd. #261 Santa Ana, CA, 92707 City Council 22 – 981 9/17/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lois Carpenter Email lecarp9@gmail.com Address 3210 S Rene Dr Santa Ana , CA, 92704 City Council 22 – 982 9/17/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Randy Mai Email RANDYMAI90@GMAIL.COM Address 2514 S Shelton St SANTA ANA, CA, 92707 City Council 22 – 983 9/17/2024 Tuesday, September 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ruben Jusi Email rubenjusi67@gmail.com Address 314 west Stevens Ave. Santa Ana, Ca,, 92707 City Council 22 – 984 9/17/2024 Saturday, September 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeffrey Katz Email jeffrey.katz@kesherlawgroup.com Address 1919 N. Heliotrope Dr. Santa Ana/Calloifornia, CA, 92706 City Council 22 – 985 9/17/2024 Saturday, September 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Les Card Email cardcasa1@gmail.com Address 1733 La Colina Dr Santa Ana, CA, 92705 City Council 22 – 986 9/17/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Matthew Campbell Email campbellmfendt@hotmail.com City Council 22 – 987 9/17/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Maury Quintana Email mquintana0225@gmail.com Address 3302 Park Drive Santa Ana, CA, 92707 City Council 22 – 988 9/17/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jonathan Restivo Email jr@citysidefiber.com Address 100 Spectrum Center Dr, Suite 500 Irvine, California, 92618 City Council 22 – 989 9/17/2024 Tuesday, September 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Gina Cunningham Email gina@homeaidoc.org Address 2310 North Flower Street Santa Ana, CA, 92706 City Council 22 – 990 9/17/2024 Monday, September 18, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Susan Heiligman Email suziheiligman@gmail.com Address 1040 MacArthur Blvd, 93 Santa Ana , CA, 92707 City Council 22 – 991 9/17/2024 Saturday, September 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Laura Emerson Email laura@expressmapping.com Address 4000 Barranca Pkwy #250 Irvine, CA, 92604 City Council 22 – 992 9/17/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name José Ruvalcaba Email joseluisruvalcaba1966@gmail.com Address 213 E pine St Santa Ana , Ca, 92701 City Council 22 – 993 9/17/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Richard Hoff Email dick_hoff7@yahoo.com Address 3113 S Maddock St. Santa Ana, CA, 92704 City Council 22 – 994 9/17/2024 Friday, September 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bryan Tan Email bptan0819@yahoo.com Address 3301 S Bear St Santa Ana, CA, 92704 City Council 22 – 995 9/17/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Carolina Collins Email carolinajcollins@gmail.com Address 881 Bear Creek Costa Mesa, CA, 92626 City Council 22 – 996 9/17/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Paulette Lombardi-Fries Email pfries@travelcostamesa.com Address 151 Kalmus Drive, Suite C110 Costa Mesa, CA, 92626 City Council 22 – 997 9/17/2024 Friday, September 8, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name dave stot Email dwsjdw@sbcglobal.net City Council 22 – 998 9/17/2024 Thursday, September 7, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jami Fox Email jamijones24@gmail.com Address 749 Santa Florencia Solana Beach, CA, 92075 City Council 22 – 999 9/17/2024 Wednesday, September 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name nicole Caya Email nicolec@onyxbuilding.com Address 555 Raleigh ave El Cajon , Ca, 92020 City Council 22 – 1000 9/17/2024 Tuesday, September 5, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Frank Gutierrez Email frank@mesaart.net Address 1512 Freeman St Santa Ana, CA, 92706 City Council 22 – 1001 9/17/2024 Sunday, September 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Erick Acuna Email erickacuna3@gmail.com Address 2660 W Segerstrom Ave Santa Ana, CA, 92704 City Council 22 – 1002 9/17/2024 Saturday, September 2, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Frank Garcia Email fshani85@gmail.com Address 10372 Circulo De Juarez Fountain Valley, CA, 92708 City Council 22 – 1003 9/17/2024 Friday, September 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name J.guadalupe Figueroa Email figueroa.j.lupe@gmail.com Address 2906S. Pacific ave Santa Ana , Califiornia, 92704 City Council 22 – 1004 9/17/2024 Thursday, August 31, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Timothy Su Email dragon52225@yahoo.com City Council 22 – 1005 9/17/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Bryan Rosas Email game_bryan@hotmail.com Address 1338 W CIVIC CENTER DR Santa Ana, CA, 92703 City Council 22 – 1006 9/17/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Eduardo Lopez Email eddielalfaro@gmail.com Address 3113 S Douglas St Santa Ana , CA, 92704 City Council 22 – 1007 9/17/2024 Wednesday, August 30, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Yvelyse Santiago Email yvelyses@gmail.com Address Santa Ana, CA, 92703 City Council 22 – 1008 9/17/2024 Tuesday, August 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Adela Chavez Email 12roses2008@live.com Address 2040, Cedar St Santa Ana, California , 92707 City Council 22 – 1009 9/17/2024 Friday, August 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Johnson Syharath Email jsyharath@gmail.com Address 2314 S Warbler St Santa Ana, CA, 92704 City Council 22 – 1010 9/17/2024 Thursday, August 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Daniel Garcia Email danieltobiasgarcia@gmail.com Address 1012 N Towner St Santa Ana, CA, 92703 City Council 22 – 1011 9/17/2024 Thursday, August 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jennifer Bullard Email jbullard@ocbc.org Address 2 Park Plaza, Suite 100 Irvine, CA, 92614 City Council 22 – 1012 9/17/2024 Tuesday, August 22, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jon- Michael Gisler Email jgisler93@gmail.com Address 4471 Dean Martin Drive, 3602 Las Vegas, NV, 89103 City Council 22 – 1013 9/17/2024 Tuesday, August 22, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Salve Carreon Email callmesalve@gmail.com Address 2261 Pomona Ave. Apt. A Costa Mesa, Ca., 92627 City Council 22 – 1014 9/17/2024 Monday, August 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Ralph Funes Email rfunes1@yahoo.com Address 218 w alton Santa Ana , Ca, 92707 City Council 22 – 1015 9/17/2024 Thursday, August 17, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Luis Carrillo Email luiscarrillo1943@yahoo.com Address 2939 S Rosewood Ave Santa Ana, CA, 92707 City Council 22 – 1016 9/17/2024 Wednesday, August 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Charles Conder Email aerocec@yahoo.com Address 19598 Denair Ct Riverside, CA, 92508 City Council 22 – 1017 9/17/2024 Tuesday, August 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name benjamin song Email bensong1@gmail.com Address 1103 tulare dr. costa mesa, ca, 92626 City Council 22 – 1018 9/17/2024 Tuesday, August 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lisa Laframboise Email 1lalaframboise@gmail.com Address 2522 Park dr. City Council 22 – 1019 9/17/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Pamela Brambila Email pamb65@att.net Address 3018 S Thornton St Santa Ana, CA, 92704 City Council 22 – 1020 9/17/2024 Monday, August 14, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jeffrey Almberg Email jeffreyalmberg@yahoo.com Address 550 Paularino Ave., #C102 Costa Mesa, CA, 92626 City Council 22 – 1021 9/17/2024 Friday, August 11, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name PAUL SANFORD Email psanford100@gmail.com Address 936. W River Lane Santa Ana , Ca, 92706 City Council 22 – 1022 9/17/2024 Tuesday, August 1, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Blair Troy Email blairttroy@gmail.com Address 1907 Deborah Lane Newport Beach, California, 92660 City Council 22 – 1023 9/17/2024 Wednesday, July 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Antonio Sears Email AntonioSearsProperties@gmail.com Address 92705 City Council 22 – 1024 9/17/2024 Sunday, July 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Archie Brown Email archiedbrown@yahoo.com City Council 22 – 1025 9/17/2024 Thursday, July 6, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Mike Moser Email mikemoser@retailinsite.net Address 120 s sierra Solana beach, California, 92075 City Council 22 – 1026 9/17/2024 Thursday, June 29, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name andrew valverde Email VALVERDE_ANDREW@YAHOO.COM Address 2514 W Chandler Ave SANTA ANA, CA, 92704 City Council 22 – 1027 9/17/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Chris Hodgman Email hodgman.chris@gmail.com City Council 22 – 1028 9/17/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Thomas Rubio Email trubio1@uci.edu Address 2172 Meyer Pl Costa Mesa, CA, 92627 City Council 22 – 1029 9/17/2024 Wednesday, June 28, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Christopher Rogers Email rogers.cj@gmail.com Address 1510 West Surrey Circle Santa Ana, CA, 92704 City Council 22 – 1030 9/17/2024 Monday, June 26, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Lada Phyakul Email fancynateur@hotmail.com Address 565 Anton Blvd. Costa Mesa, CA, 92626 City Council 22 – 1031 9/17/2024 Sunday, June 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant economic benefits, community benefits and additional housing it will provide for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first community of residences, shops, restaurants and programmed open green space will be a major economic boost to the City. Approximately 7,500 jobs will be created, along with an estimated $10.7 million in annual tax revenue to help fund the expansion of services and programs throughout Santa Ana. Once built, nearly one-third of the development will be dedicated to open space with an active mix of programmed parks, open-air plazas and pedestrian-only paseos—a sharp contrast to the asphalt-heavy shopping center that exists there today. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to other urban developments. Moreover, Santa Ana is central to many major employers and the City needs more housing to retain and attract skilled workers. Related Bristol will offer a diverse mix of housing and lifestyle options that will meet this critical regional need. I believe Related Bristol is the type of mixed-use development that City officials envisioned and advocated in the General Plan for the South Bristol Street Corridor. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and contribute to the economic, social and cultural expansion of one of the largest, most important cities in Orange County. I support Related Bristol and urge you to approve this visionary development. Thank you, Name Jose Flores Email hohoa51gear@yahoo.com Address 211 N Sycamore Street Santa Ana , Ca, 92701 City Council 22 – 1032 9/17/2024 Friday, June 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Eric Morley Email emorley@bluecusa.com Address 151 Kalmus Drive, Suite A102 Costa Mesa, Ca, 92626 City Council 22 – 1033 9/17/2024 Friday, June 16, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Wing Lam Email wing.lam@wahoos.com Address 1185 Warner Avenue Tustin, Ca, 92780 City Council 22 – 1034 9/17/2024 Sunday, June 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Adrian Velasco Email advelasco.23@gmail.com Address 526 S Ross Santa ana, Ca City Council 22 – 1035 9/17/2024 Sunday, June 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Michael Martinez Email themikem7@gmail.com Address 1505 w anahurst pl Santa Ana , CA City Council 22 – 1036 9/17/2024 Saturday, June 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Briana Harley Email brianaharley13@yahoo.com Address 260 N Tustin St , Unit C Orange, CA City Council 22 – 1037 9/17/2024 Saturday, June 3, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use development on South Bristol Street because of the significant and much-needed open space planned for the project. About one-third of the development will become an active mix of programmed parks, open-air plazas and pedestrian-only paseos to explore, slow down and feel inspired. It will be a sharp contrast and welcomed replacement to the aging and asphalt-heavy shopping center that exists there today in South Santa Ana. Open space on this scale in the heart of Orange County is in high demand, but short supply, which is why Related Bristol is such a vital—and refreshing—alternative to most urban developments. I believe the developer is committed to creating a more inviting, sustainable and resilient model of community living and the plans to make programmed open space with seasonal events, public art installations, live music, dance performances and other outdoor art exhibits and activities a central feature of this innovative community are truly exciting. From the earliest planning sessions, the lush and beautiful landscaped walkways and parks have been high priorities at Related Bristol to promote an outdoor lifestyle that will enhance wellness and fitness for all who live or visit there. This commitment to a healthier, greener existence is why I strongly support Related Bristol. I urge you to do the same, and approve Related Bristol. Thank you, Name Nancy Tlaseca Email tlasecan@yahoo.com Address 1111 w. Santa Ana blvd. , 24 Ca, Santa Ana City Council 22 – 1038 9/17/2024 Thursday, May 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Adam Volkert Email avolkert@rutan.com Address Fountain Valley, CA, 92708 City Council 22 – 1039 9/17/2024 Thursday, May 25, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Stephanie Mack Email stephanie.n.mack@gmail.com Address 908 Magellan Street Costa Mesa, CA, 92626 City Council 22 – 1040 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name celia rice Email rice.ce1984@gmail.com Address 415 15th Street Unit 12 Huntington Beach, CA, 92648 City Council 22 – 1041 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Valerie Chang Email valeriechang960@gmail.com City Council 22 – 1042 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Max Smith Email maxh.smith@live.com City Council 22 – 1043 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kasey Smith Email kaseyreeve11@gmail.com City Council 22 – 1044 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Faith Escalera Email faithescalera@gmail.com Address 5139 Residencia Newport Beach , Ca , 92660 City Council 22 – 1045 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Maribel Barrios Email maribelbarrios816@gmail.com City Council 22 – 1046 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Rikki Hendricks Email rikkinelson26@gmail.com Address 10860 San Leon Ave Fountain Valley , CA, 92708 City Council 22 – 1047 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kaylee Mageean Email kayleebriana15@gmail.com Address 10414 La Tortola Cir Fountain Valley, CA, 92708 City Council 22 – 1048 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Muna Dakelbab Email munakd95@gmail.com Address 20121 Imperial Cove Lane Huntington Beach, CA, 92646 City Council 22 – 1049 9/17/2024 Wednesday, May 24, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Tony Jovanelly Email tonyjovanelly@gmail.com Address 1140 Buckingham Dr, Apt C Costa Mesa, CA, 92626 City Council 22 – 1050 9/17/2024 Tuesday, May 23, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Josh Gilbert Email josh.gilbert3@gmail.com City Council 22 – 1051 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Krystal Trinh Email kryystaltrinh@gmail.com City Council 22 – 1052 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Madi Goswick Email madigoswick@gmail.com Address 410 Buckskin Ranch Rd Imperial, CA, 92251 City Council 22 – 1053 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Barbara Laughrin Email barbaralaughrin@yahoo.com Address 356 West Duarte Street Brawley, CA, 92227 City Council 22 – 1054 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Rosanna Lipis Email rzuniga0808@aol.com Address 301 W K St Brawley, CA, 92227 City Council 22 – 1055 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Tara Adkins Email TaraAdkins929@gmail.com Address 410 Buckskin ranch rd. Imperial, CA, 92251 City Council 22 – 1056 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Madison Goswick Email madisongoswick@gmail.com Address 410 Buckskin Ranch Rd Imperial, CA, 92251 City Council 22 – 1057 9/17/2024 Sunday, May 21, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Kaycee Schilling Email khschilling18@gmail.com City Council 22 – 1058 9/17/2024 Saturday, May 20, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Briede Charbonnet Email bcharbonnet@gmail.com Address 5331 Soledad Rancho Ct San Diego, CA, 92109 City Council 22 – 1059 9/17/2024 Friday, May 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Safa Fatima Email safatima1106@gmail.com Address 6431 Govin circle Huntington Beach, CA, 92647 City Council 22 – 1060 9/17/2024 Friday, May 19, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Ashley Walker Email ashleyvalentineprek@gmail.com Address 17142 reimer street Fountain valley , CA, 92708 City Council 22 – 1061 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Gagan Sharma Email gagansharma2100@yahoo.com Address 300 Southridge Lakes Pkwy Southlake, Texas, 76092 City Council 22 – 1062 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Katelin Cortney Email katelincortney@gmail.com Address 3104 Westcliff Road West Fort Worth, TX, 76109 City Council 22 – 1063 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Jonathan Ulrich Email joneulrich@gmail.com City Council 22 – 1064 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Alexander Geesbreght Email alexgeesbreght@gmail.com Address 6665 Trinity Heights Blvd Fort Worth, TEXAS, 76132 City Council 22 – 1065 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Holland Harper Email hharper@hwh1887.com Address 1040 31st st Se Paris, TX, 75460 City Council 22 – 1066 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Brad Lyddon Email brad.d.lyddon@gmail.com Address 4191 Chevy chase dr La Canada flintridge , Ca , 91011 City Council 22 – 1067 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Josh Hopkins Email joshua_hopkins@outlook.com City Council 22 – 1068 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Raquel Ulrich Email raquelulrich10@gmail.com City Council 22 – 1069 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Troy Bussmeir Email tbussmeir@gmail.com City Council 22 – 1070 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Bryan Cortney Email bcortney@gmail.com Address 3104 Westcliff Road West Fort Worth, TX, 76109 City Council 22 – 1071 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Celene Lyddon Email celene.lyddon@gmail.com Address 4191 Chevy Chase Dr La Canada flintridge , CA , 91012 City Council 22 – 1072 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Claire Charbonnet Email cmcharbonnet1@gmail.com Address 5331 Soledad Rancho Ct San Diego, CA, 92109 City Council 22 – 1073 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Chad Walker Email walkercj15@gmail.com Address 17142 Reimer Street Fountain Valley, CA, 92708 City Council 22 – 1074 9/17/2024 Monday, May 15, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Alice Callens Email alcal@socal.rr.com Address 8856 Sutter Circle Unit 526b Huntington Beach, CA, 92646 City Council 22 – 1075 9/17/2024 Thursday, May 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Laura Marttinen Email lmarttinen@me.com City Council 22 – 1076 9/17/2024 Thursday, May 4, 2023 Send a Letter in Support of Related Bristol To Whom It May Concern: I am in support of the proposed Related Bristol mixed-use project because of the significant and highly positive economic benefits it will have for the City of Santa Ana for decades to come. Redeveloping the aging, auto-centric suburban shopping center on South Bristol Street into a walkable, people-first village of residences, shops, restaurants and programmed open space, will be a major economic boost to the City. Thousands of new, high-quality construction and permanent jobs will be created and the consequential annual tax revenue generated from consumer sales will help fund the delivery and expansion of services and programs throughout Santa Ana. In addition, I believe Related Bristol is the type of mixed-use development envisioned and advocated for by City officials in the recently amended General Plan for the South Bristol Street Corridor. It will become a highly desired destination for all residents of Santa Ana and the region, as well as a vibrant economic hub of retail and dining of all types and price points in the heart of Orange County. Approval of this innovative and dynamic project is essential to sustain Santa Ana’s growth and prosperity for years to come and to contribute to the economic, social and cultural expansion of one of the largest and most important cities in the heart of Orange County. This is why I support Related Bristol, and I urge you to approve this visionary development. Thank you, Name Thu Doan Email thu-h@att.net City Council 22 – 1077 9/17/2024 City Council 22 – 1078 9/17/2024 City Council 22 – 1079 9/17/2024 City Council 22 – 1080 9/17/2024 City Council 22 – 1081 9/17/2024 City Council 22 – 1082 9/17/2024 City Council 22 – 1083 9/17/2024 City Council 22 – 1084 9/17/2024 City Council 22 – 1085 9/17/2024 City Council 22 – 1086 9/17/2024 City Council 22 – 1087 9/17/2024 City Council 22 – 1088 9/17/2024 City Council 22 – 1089 9/17/2024 City Council 22 – 1090 9/17/2024 City Council 22 – 1091 9/17/2024 City Council 22 – 1092 9/17/2024 City Council 22 – 1093 9/17/2024 MacArthurIntermediate TaftElementary 39003600350034003200 3100 700 600 300 200 100 100 100 Doubletree ClubHotelMAIN STSUNFLOWER AV ALTON AV PARTON AVHARVEY AV MACARTHUR PLCOLUMBINE AV AURORA AVVAN NESS AVALPINE AV PARTON AVBELL AV KELLER AV KELLER AV BELL AV ALPINE AVALPINE AV ALPINE AV TIMBER STTIMBER STOLIVE STOLIVE STOLIVE STSIERRA AV CURIE AV JUNIPER AVJUNIPER AV BIRCH STBIRCH STBIRCH STBINE ALTON AV KELLER AV KELLER AVTIMBER STTIMBER STCOLUMBINE AV NOBEL AV NOBEL AV TT JUNIPER ALDER STCAROLAV CAROL AV PLSTEVENS AV STEVENS AV STEVENS AV HARVEY AV COLUMBINE AV COLUMBINE A V LOWELL STLOWELL STSIERRA SIERRA ROSS STROSS STROSS STAV AV AV AVAV AV AVAV AV AV AV AV STSTGARNSEY STGARNSEY STMURPHY AV ORION ORION MACARTHUR P LSYCAMORE STSYCAMORE STPASTEURSTEVENS AASANDPOINTEEESWOODLAND AVTEAKWOOD STWOODLAND PLRAMONA DRRAMONA DRRAMONA DRMACARTHURROSSAURORA AURORAAURORA HNR R RCCU MURPHY COLUM MMACARTHUR PL Sandpointe BomoKoralPark LillieKingPark SandpointePark City of Santa AnaResidential Permit ParkingSandpointeDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 290 580 Feet Map Date: 6/14/2023 EXHIBIT 1 City Council 22 – 1094 9/17/2024 MacArthurIntermediate JeffersonElementary Esqueda Elementary Saddleback High TaftElementary WashingtonElementary 390036003600350035003400330032003200 31002900280026002300230023002300220022001800 1700 1600 1400 1300 1300 1300 1200 1200 1000 800 700 700 700 600 600 500 400 300 200 100 100 100 100UNION PACIFIC RR ARMSTRONGRANCH RD SHEFFIELD RDF O R E S T A V DEEREFIELD RD RED FOX RD SEA BREEZESADDLEBACKCTBLACKHAWK DR MEADOWBROOKE DR ROSEW OOD CTFS Bristol &SunflowerPlaza BristolWarnerVillage CoastalCommunitiesHospital BristolPlace South Coast PlazaPark & Ride BristolPlaza SunflowerPlaza South CoastPlaza South CoastPlaza Village MAIN STBEAR STAV SUNFLOWER AV SEGERSTROM AV SEGERSTR O M DYER RD WARNER AV BRISTOL STBRISTOL STFLOWER STMACARTHUR BLVDDOUGLAS STGARRY AVPARTON AVHARVEY AV BURNS AV COLUMBINE AVLINDA WYAURORA AVVAN NESS AVSI ERRA HALL AV BIRCH STALPINE AV BREWER AV PARTON AVBELL AV GARRY AV KELLER AV KELLER AV CENTRAL AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVCARRIAGE DRRITARITA CENTRAL AV BELL AVGARNSEY STALPINE AVALPINE AV ALPINE AV TIMBER STTIMBER STOLIVE STOLIVE STOLIVE STOLIVE STOLIVE STHALL AVHALL AV SALTA STSALTA STHEMLOCK WY SIERRA AVCIR CURIE AV CURIE AV JUNIPER AVJUNIPER AVRITA WYRIT A W Y BIRCH STBIRCH STBIRCH STBIRCH STBINELINDALINDAALTON AV ALTON AV ALTON AVKELLER AV KELLER AVTIMBER STTIMBER STCOLUMBINE AV ORION AVLINDA WYFLORA ST FLORA ST PLAZA DRNOBEL AV NOBEL AVMAGNOLIA AVJUNIPER BEAR STALDER STCENTRAL AVCENTRAL AV CENTRAL AV CAROL AV CAROL AVPLFOREST AVSTEVENS AV STEVENS AV STEVENS AV STEVENS AV HARVEY AV SAN LORENZO AV BAKER STBAKER STBAKER STBAKER STSHELTON STSHELTON STCOLUMBINE AV BAY CREST LOWELL STLOWELL STLOWELL STLOWELL STSIERRA SIERRABURNS AVPARTON STPOPLAR STPOPLAR STPARK DRPARK DRGARRY AV ROSS STROSS STROSS STAV AV AV AV AV AV AV AVAV AV AV AV AV AV CARRIAGE DRCARRIAGE DR CARRIAGE DRSPRUCE STSTSTSTSTADAMS ST ADAMS ST GARNSEY STGARNSEY STGARNSEY STRENE DRRENE DRRE N E D R MURPHY AVSYC A MORESTJOANE WYJOANE WYTHORNTON ST BROA D W A Y P L ORION ORION MOORE AV MOORE AVMOORE AV SECREST WYSECREST WY SYCAMORE STSYCAMORE STWAKEHAM PL PASTEURTOWNER STTOWNER STTOWNER STTOWNER STTOWNER STCALLENS COMM STEVENS SANDPOINTEWOODLAND AVTEAKWOOD STWOODLAND PLRAMONA DRRAMONA DRRAMONA DRRAMONA DRPENDLETON DOREEN WYROSEWOOD AVROSEWOOD AVR O S EW O O D A V ROSEWOOD AVSPRUCESPRUCESURREYBRADFORD HEMLOCK ROSSAURORA AURORAAURORA BROADWAYMURPHY COLUM ROWLAND WYWYWYWY WYWYSandpointe SouthCoast SouthMetro BomoKoralPark Thornton Park LillieKingPark SandpointePark City of Santa AnaResidential Permit ParkingSouth CoastDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 540 1,080 Feet Map Date: 6/14/2023 City Council 22 – 1095 9/17/2024 GreenvilleFundamentalElementary JeffersonElementary ThorpeFundamental McFaddenInstitute ofTechnology Segerstrom High CalvaryChapelHigh /MaranathaChristian 36003500350033003300320032002900 2900 2900 2900 290029002800 2800 2800 28002800 2600 2600 2500 2500 25002400 240023002300 23002300230022002100 2100 1900 1800 1700 1600 1400 1300 1300 1300 1200 1200 UNION PACIFIC RR ARMSTRONGRANCH RD SANTA FERAY CIR F STA ST E STB STD STVILLAGE DR SILVER SPURTWILIGHTSHEFFIELD RDF O R E S T A V DEEREFIELD RD RED FOX RD SEA BREEZESUMMER WIND SADDLEBACKCTWEST WIND BLACKHAWK DR CRAWFORD GLENMEADOWBROOKE DR NORTHWOOD MEADOWOOD Plaza Mobile Estates FS Bristol &SunflowerPlaza BristolWarnerVillage CoastalCommunitiesHospital BristolPlace South Coast PlazaPark & Ride BristolPlaza SunflowerPlaza South CoastPlaza South CoastPlaza Village South CoastMarketplace RAITT STBEAR STSUNFLOWER AV SEGERSTROM AV WARNER AV FAIRVIEW STBRISTOL STBRISTOL STMACARTHUR BLVD WARNER AV MACARTHUR BLVD DOUGLAS STGLENARBOR STGARRY AVWARBLER STHALL AV BURNS AV DEEGAN DRMOORE AV LINDA WYPENDLETON AV HALL AV OCEAN CRESTARIES CT ... WYGARRY AV BREWER AV GARRY AV PACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVPACIFIC AVCARRIAGE DRRITARITALAURA LINDA LNRAITT STSEA CLIFFHALL AV HALL AV HALL AVHALL AV HALL AV SALTA STSALTA STHEMLOCK WY GOLDEN WEST AVCIRCURIE AV ARTESIA STARTESIA STARTESIA STRITA WYRIT A W YGRISET PLGRISET PLJUNIPER ST FUCHSIA STLINDALINDAALTON AV KELLER AV ORION AV LINDA WYLINDA WYGREENVILLE STGREENVILLE STFLORA ST FLORA ST FLORA ST PLAZA DRMANLY AV MANLY AV MANLY AV MARINE STASPEN VILLAGE WYMAGNOLIA AVBEAR STCENTRAL AV CENTRAL AVCENTRAL AVCENTRAL AV CENTRAL AVPLPL PLFOREST AVKNOX AVKNOX AV KNOX AV SAN LORENZO AV BAKER STBAKER STBAKER STBAKER STCOLUMBINE AV BAY CRESTGRISETGRISETTAURUS LNBURNS AVPOPLAR STPOPLAR STMANITOBA DRMANITOBA DRMANITOBA DRGARRY AV GARRY AV GARRY AVDIAMOND STDIAMOND STCENTER STCENTER STCENTER STCENTER STAV AV AVAV AV CARRIAGE DRCARRIAGE DR CARRIAGE DRCARRIAGE DR CHANDLER AV SPRUCE STSTSTSTSTSTSTADAMS STADAMS ST ADAMS ST ADAMS STEVERGLADE STEVERGLADE STGREENWICH AV AURORA ST RENE DRRENE DRRE N E D RDOUGLAS STDOUGLAS STSAN LORENZO JOANE WYJOANE WYTHORNTON ST MOORE AVMOORE AVMOORE AV SECREST WYSECREST WY ROWLAND AVROWLAND AVDEEGAN DRDEEGAN DRWAKEHAM PLMADDOCK STMADDOCK STMADDOCK STCALLENS COMMTOWNSEND STHURON DRDIAMONDDIAMONDDIAMONDPENDLETON PENDLETON WOOD STHEMLOCK WYHEMLOCK WY DOREEN WYCENTERSPRUCESPRUCESURREYDANBURYGLENARBOR STHEMLOCK GARRY DOREENCHANDLERTOWNSEND WYWYWYWYWYWYSouthMetro AdamsPark Thornton Park City of Santa AnaResidential Permit ParkingSouth MetroDistrict Key to Permit Parking Zones Streets with permit parking required allday, everyday. Streets with permit parking required 12Midnight to 6 am everyday. Streets with permit parking required 2amto 6 am everyday. Streets with permit parking required 8 amto 5 pm everyday. 0 540 1,080 Feet Map Date: 6/14/2023 City Council 22 – 1096 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91-088, RESOLUTION NO. 93-076 AND RESOLUTION NO. 2000-062 REGARDING PERMIT PARKING DISTRICT PETITIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana herby finds, determines and declares as follows: A.Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B.By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference; By Resolution No. 2020-021 the City Council amended Resolution No. 1991-088 as shown on Exhibit 2, attached hereto and incorporated by reference; By Resolution No. 93-076, the City Council of the City of Santa Ana established the Sandpointe Permit Parking District, as shown on Exhibit 3, attached hereto and incorporated by reference; By Resolution No. 2000-062, the City Council of the City of Santa Ana established the South Metro Permit Parking District, as shown on Exhibit 4, attached hereto and incorporated by reference. C.The City’s adopted General Plan allows for significant mixed-use redevelopment within the South Bristol Focus Area. D.City staff has conducted extensive outreach in the neighborhoods in and around the South Bristol Focus Area to solicit resident concerns and feedback regarding the proposed redevelopment in the area. E.Owners of properties on residential streets within the Parking Districts in and around the South Bristol Focus Area have expressed concerns that proposed development projects near the Parking Districts may impact available parking on their streets and have asked the City to modify procedures to facilitate expanded utilization and participation in the City's permit parking program. F.The City is in the process of performing a Citywide parking study to in part, evaluate Citywide permit parking program modifications. Completion of this study Exhibit 17 City Council 22 – 1097 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 is not anticipated until the Fall of 2025 and will therefore not adequately address the near-term concerns brought forward by the South Bristol Focus Area residents. G.The City Council finds through extensive environmental review and traffic studies that proposed development projects in the area will not have direct impacts on parking, but none the less, the City Council desires to accommodate present and future requests, related to permit parking in these Parking Districts. H.The City Council finds that the Resolutions referenced above which created the Parking Districts include different standards to be used for defining a block under the Permit Parking District regulations. I.The City Council desires to amend the definition of a block. J.Upon completion of the Citywide parking study, the City Council will consider adopting various recommended parking rules and regulations which may or may not include the amendments considered in this Resolution. K.The proposed resolution amending Resolution No. 91-088, Resolution No. 93- 076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with multiple General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts is identified in multiple General Plan implementation actions of the Mobility Element, Land Use Element, and Housing Element. Exhibit 19 to the City Council staff report dated September 17, 2024 accompanying this Resolution contains a list of all applicable General Plan goals and policies that support this recommended action. Section 2. The City Council hereby finds that the action is not a “project” subject to CEQA and no environmental review is required. Even if the action could be construed as a CEQA “project”, the proposed resolution requires no further environmental review pursuant to Section 15162 of the CEQA Guidelines. Section 15378(b) of the CEQA Guidelines defines a “Project” that is subject to CEQA review as an activity that may result in a direct or reasonably foreseeable indirect physical change in the environment, stating that “Projects do not include” ongoing “administrative or maintenance activities, such as purchases for suppli es, personnel- related actions, general policy and procedure making [Section 15378(b)(2)]” and “organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment [Section 15378(b)(5)].” The proposed amendment to Resolution No. 1991-088, Resolution No. 93-076, and Resolution No. 2000-062 modifies administration of an existing parking district program by allowing a single permit parking petition to be considered for multiple, contiguous residential blocks Exhibit 17 City Council 22 – 1098 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 (rather than a separate permit parking petition for each individual block). Thus, no direct or indirect physical changes in the environment will result and accordingly, the proposed resolution is not a “project” subject to CEQA. (CEQA Guidelines, § 15060(c)(2)-(3).) In the alternative, even if the proposed resolution is a project subject to CEQA, no further environmental review is required. Section 15162 of the CEQA Guidelines requires subsequent EIRs and Negative Declarations, following certification of a previous EIR, only when one of three triggering conditions exists: (1) substantial changes are proposed in the project that will require major revisions of the EIR, (2) substantial changes occur in circumstances under which the project is being undertaken that will require major revisions in the EIR, or (3) new information of substantial importance to the project that was not known and could not have been known when the EIR was certified as complete becomes available, and this condition (1 , 2, and/or 3) also would lead to new or more significant impacts. (See also Pub. Resources Code, § 21166.) In April 2022, the City certified the GPU Final PEIR (SCH No. 2020029087) and adopted the GPU. As previously discussed, the GPU Final PEIR is a Program Environmental Impact Report (PEIR) that examines the existing environment and the total scope of environmental effects that would occur as a result of buildout of the GPU land uses. The proposed resolution falls within the scope of the General Plan Update evaluated in the PEIR because it implements the goals and policies pertaining to permit parking programs and parking impacts identified in the General Plan Update. The proposed resolution therefore does not trigger any of the conditions identified in Section 15162 of the CEQA Guidelines and summarized above. Approval of the proposed resolution will not result in no new or more severe impacts requiring additional environmental review of the approval action. Section 3. Each and every Section of the aforementioned Resolutions pertaining to the definition of a Block shall be amended to provide that: The parking restrictions imposed pursuant to Article XI of Chapter 36 of the Santa Ana Municipal Code shall apply to any block within the Parking Districts and such block may be comprised of contiguous street segments with the Parking District for the purposes of establishing uniform parking restrictions along multiple street segments. Parking restrictions expressly referenced in this Resolution may be imposed only after a petition signed by the owners of sixty-six percent (66%) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions. Section 4. This Resolution shall take effect immediately upon its adoption. Section 5. The Mayor shall sign this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof. Exhibit 17 City Council 22 – 1099 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 ADOPTED this ____ day of _________, 2024. ___________________________ Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _______________________________ City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the Ci ty of Santa Ana on _______________. Date: ______________________ ________________________________ City Clerk City of Santa Ana Exhibit 17 City Council 22 – 1100 9/17/2024 343 REL 969 RESOLUTION NO 91 088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH COAST PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Ana is authorized to adopt resolutions establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the South Coast residential neighborhood is in need of permit parking restrictions to protect its integrity from the intrusion of vehicular parking from nearby multifamily residential developments NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The South Coast Permit Parking District is hereby esta blished to consist of that area of the City of Santa delineated on the map attached hereto as Exhibit A and incorporated herein by this reference 2 No person shall park any vehicle at any time on any portion of any street within the South Coast Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons who are entitled to a permit to park on such street or portion thereof pursuant to this resolution and who display such permit in accordance with section 36488a of the Santa Ana Municipal Code 3 The Executive Director of Public Works is hereby authorized to determine which streets or portions thereof within the South Coast Permit Parking District shall be restricted to permit parking in accordance with section 2 of this resolution and to post appropriate signs giving notice of such restriction 4 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a dwelling located on any lot in the South Coast Permit Parking District which does not have more than four dwelling 1 Exhibit 17 City Council 22 – 1101 9/17/2024 RESOLUTION 91088 Pae 2 345 units located on it b Any person who is licensed to drive a motor vehicle and who works at the business located at 1000 Keller Avenue exceptthatsuchpersonsshallnotbeentitledtopermitsifthesouth side of Keller Avenue is not restricted to permit parking and also except that the employees of any business other than the Learning Center which may hereafter be established at 1000 Keller Avenue shall only be entitled to permits if the Executive Director of Public Works determines that the issuance of permits to such employees would not adversely affect the availability of parking to residents of the South Coast Permit Parking District ADOPTED this 16th day of September 199 ATTEST teUYcounc Mayor COUNCILMEMBERS Young Aye Pulido Aye Acosta Aye Griset A3e McGuigan Aye Norton Aye Richardson ye APPROVED AS TO FORM EdwardJTdorCityAttorney CERTIFICATE OF ORIGINALITY State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution Og to be the original resolution of the City of Santa Ana onadoptedbythecityCouncil of Cou City of Santa Ana Exhibit 17 City Council 22 – 1102 9/17/2024 CONDOMINIUMS MAC ARTHUR BIVD lmF x CONDOMINIUk8AND APARTMENT 4 II BOMO KORAL PARK KELLER STEVENS SUNFLOWER AVENUE SOUTH COAST PERMIT PARKING DISTRICT BOUNDARIES THE LEARNING CENTER II EXHIBIT A 347 Exhibit 17 City Council 22 – 1103 9/17/2024 jmf 2/12/2020 RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of properties on residential streets near the South Coast Permit Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. D. To accommodate the present and any future requests, the City Council now wishes to expand the South Coast Permit Parking District to include these areas. Section 2. Section 1 of Resolution 1991-088 is hereby amended to expand the South Coast Permit Parking District to consist in its entirety of the existing and proposed areas delineated on Exhibit 1, attached hereto and incorporated by reference. Section 3. Section 4 of Resolution 1991-088 is hereby amended to permit the Executive Director of the Public Works Agency, or his or her designee, to waive the limitation therein on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Resolution No. 2020-021 Page 1 of 3 Exhibit 17 City Council 22 – 1104 9/17/2024 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of April, 2020. o0-- MaW APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 71t'. -f L J n M. Funk Assistant City Attorney AYES: Councilmembers Bacerra Iglesias, Penaloza Pulido Sarmiento, Solorio Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-021 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2020. Date q — R _ 2Z2o Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-021 Page 2 of 3 Exhibit 17 City Council 22 – 1105 9/17/2024 I EXISTING SOUTH COAST PERMIT PARKING DISTRICT PROPOSED EXPASNION TO SOUTH COAST PERMIT PARKING DISTR EXHIBIT 1 SANTA ANA off SOUTH COASTPWAPERMITPARKINGDISTRICT PAGE I OF I Resolution No. 2020-021 Page 3 of 3 Exhibit 17 City Council 22 – 1106 9/17/2024 RESOLUTION NO 93076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SANDPOINTE PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Aha is authorized to adopt a resolu tion establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the Sandpointe residential neighborhood is in need of a Permit Parking District in order to protect its integrity against the intrusion of vehicular parking by residents and guests of multiplefamily residential developments on Main Street and MacArthur Boulevard NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The Sandpointe Permit Parking District is hereby established to consist of that area of the city of Santa Ana bounded on the north by Alton Avenue between Flower Street and Sycamore Street and Columbine Avenue between Sycamore Street and Main Street on the east by Sycamore Street between Alton Avenue and Columbine Avenue and Main Street between Columbine Avenue and Sunflower Avenue on the south by Sunflower Avenue and on the west by Flower Street Said district includes the said portions of Alton Avenue Sycamore Street and Columbine Avenue but does not extend to or include the said portions of Main Street Sunflower Avenue and Flower Street 2 The parking restrictions imposed pursuant to said Article XI and this Resolution shall apply to any block within the Sandpointe Permit Parking District only after a petition signed by the owners of seventyfive percent 75 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI 3 No person shall park any vehicle at any time on any portion of any street within the Sandpointe Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to said Article XI and this resolution Exhibit 17 City Council 22 – 1107 9/17/2024 RESOLUTION 93076 Page 2 4 Permit parking restrictions in the Sandpointe Permit Parking District shall not apply to the side of any street adjacent to any nonresidential use or to any multifamily use having more than four dwelling units 5 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolu tion include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the Sandpointe Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multiplefamily dwelling located on any lot in the Sandpointe Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit 6 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the Sandpointe Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 7th day of September 1993 ATTEST COUNClLMEMBERS Daniel H Young Mayor Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Absent APPROVED AS TO FORM city Attorney Exhibit 17 City Council 22 – 1108 9/17/2024 128 CERTIFICATE OF ORIGINALITY PUBLICATION State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution z o 7 to be the original resolution adopted by the City Council of the City of Santa Ana on Date cof Conoil City ofrfinta Ana Exhibit 17 City Council 22 – 1109 9/17/2024 COLUMBINE A CURIE BELl ALPINE VE IMAC AR THIJR t PINE BOULEVARE MURPH AUROR AVE KELLER LEGEND KELLER TAFT VE 1ELEM CHO0 STEVENS AVE STEEN IjCityCouncil I Title Agenda Date Sept 7 1993 SANDPOINTE PERMIT PARKING DISTRICT BOUNDARY BLOCKS QUALIFIED FOR PERMIT PARKING SANDPOINTE PERMIT PARKING DISTRICT EXHIBIT 1 Exhibit 17 City Council 22 – 1110 9/17/2024 307 cls90700 RESOLUTION NO 2000062 THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH METRO PERMIT PARKING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS SECTION 1 The City Council of the City of Santa Ana hereby finds determines and declares as follows Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping parking or standing of vehicles on certain streets and to establish a permit system exempting residents merchants and guests from the prohibition Pursuant to Article XI commencing with Section 36480 of Chapter 36 of the Santa Ana Municipal Code hereinafter Article xr the City Council of the City of Santa Ana is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article C The South Metro residential neighborhood is in need of parking restrictions to protect its integrity from the intrusion of vehicular parking incidental to commercial and governmental activities to allow for adequate emergency vehicle access to counter the visually blighting effect of highly intensive on street parking and to discourage overcrowding of dwelling units SECTION 2 The South Metro Permit Parking District is hereby established to consist of that area of the City of Santa Ana generally bounded on the north by Warner Avenue on the east by Bristol Street on the south by Sunflower Avenue and City limits and on the west by Fairview Street as more particularly depicted in Exhibit 1 attached hereto and incorporated herein by reference SECTION 3 The parking restrictions imposed pursuant to Article Xl and this Resolution shall apply to any block within the South Metro Permit Parking District only after a petition signed by the owners of sixtysix percent 66 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI SECTION 4 No person shall park any vehicle at any time on any portion of any street within the South Metro Permit Parking District as to which signs have been erected Resolution No 2000062 Page 1 of 3Exhibit 17 City Council 22 – 1111 9/17/2024 308 indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to Article Xl and this resolution SECTION 5 As indicated by posted signs permit parking restrictions in the South Metro Parking District do not include sections of streets that abut the front of non residential and multifamily uses with more than four dwelling units SECTION 6 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the South Metro Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multifamily dwelling located on any lot in the South Metro Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the resident of anyone such dwelling unit and provided further that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of dwelling units on a lot if he determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of onsite parking SECTION 7 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the South Metro Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 18th day of September 2000 AlrEST Patricia E Healy Clerk of the Council Mieel A Pulido Mayor Resolution No 2000062 Page 2 of 3 Exhibit 17 City Council 22 – 1112 9/17/2024 3O9 COUNCILMEMBERS APPROVED AS TO FORM Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent Joseph W Fletcher City Attorney Cristine L Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY I PATRICIA E HEALY Clerk of the Council do hereby certify the attached Resolution No 2000062 to be the original resolution adopted by the City Council of the City ofSantaj Ana Date on September 18 2000 Cler City of Santa Ana Resolution No 2000062 Page 3 of 3Exhibit 17 City Council 22 – 1113 9/17/2024 311 CITY LIMITS ANTA ANA SOUTH METRO PARKING DISTRICT BOUNDARY PARKING DISTRICT MAP COUNCIL AGENDA DATE SEPTEMBER 18 2000 SOUTH METRO EXHIBIT 1 Exhibit 17 City Council 22 – 1114 9/17/2024 RESOLUTION NO. 91-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH COAST PERMIT PARKING DISTRICT REL: 9/6/91 WHEREAS, pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the CityCouncil of the city of Santa Ana is authorized to adopt resolutionsestablishing Permit Parking Districts wherein parking restrictionsapply to all vehicles except vehicles which have been issuedparking permits pursuant to said Article; and WHEREAS, this Council finds and determines that the South Coast residential neighborhood is in need of permit parking restrictions to protect its integrity from the intrusion of vehicular parking from nearby multi-family residential developments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1.The South Coast Permit Parking District is hereby established, to consist of that area of the city of Santa delineated on the map attached hereto as Exhibit A and incorporated herein by this reference. 2.No person shall park any vehicle at any time on anyportion of any street within the South Coast Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions, except persons who are entitled to a permit to park on such street or portion thereof pursuant to this resolution and who display such permit in accordance with section 36-488(a) of the Santa Ana Municipal Code. 3.The Executive Director of Public Works is herebyauthorized to determine which streets or portions thereof within the South Coast Permit Parking District shall be restricted to permit parking in accordance with section 2 of this resolution and to post appropriate signs giving notice of such restriction. 4.Persons entitled to a permit to park in locations subjectto permit parking restrictions pursuant to this resolution include and are limited to the following: (a)Any person who is licensed to drive a motor vehicle andwho resides in a dwelling located on any lot in the South Coast Permit Parking District which does not have more than four dwelling 1 343 EXHIBIT 3 City Council 22 – 1115 9/17/2024 RESOLUTION 91088 Pae 2 345 units located on it b Any person who is licensed to drive a motor vehicle and who works at the business located at 1000 Keller Avenue exceptthatsuchpersonsshallnotbeentitledtopermitsifthesouth side of Keller Avenue is not restricted to permit parking and also except that the employees of any business other than the Learning Center which may hereafter be established at 1000 Keller Avenue shall only be entitled to permits if the Executive Director of Public Works determines that the issuance of permits to such employees would not adversely affect the availability of parking to residents of the South Coast Permit Parking District ADOPTED this 16th day of September 199 ATTEST teUYcounc Mayor COUNCILMEMBERS Young Aye Pulido Aye Acosta Aye Griset A3e McGuigan Aye Norton Aye Richardson ye APPROVED AS TO FORM EdwardJTdorCityAttorney CERTIFICATE OF ORIGINALITY State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution Og to be the original resolution of the City of Santa Ana onadoptedbythecityCouncil of Cou City of Santa Ana City Council 22 – 1116 9/17/2024 CONDOMINIUMS MAC ARTHUR BIVD lmF x CONDOMINIUk8AND APARTMENT 4 II BOMO KORAL PARK KELLER STEVENS SUNFLOWER AVENUE SOUTH COAST PERMIT PARKING DISTRICT BOUNDARIES THE LEARNING CENTER II EXHIBIT A 347 City Council 22 – 1117 9/17/2024 jmf 2/12/2020 RESOLUTION NO. 2020-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1991-088 RELATED TO THE SOUTH COAST PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING THE BOUNDARIES OF THAT DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Pursuant to Article XI (commencing with Section 36-480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1991-088, the City Council of the City of Santa Ana established the South Coast Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of properties on residential streets near the South Coast Permit Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. D. To accommodate the present and any future requests, the City Council now wishes to expand the South Coast Permit Parking District to include these areas. Section 2. Section 1 of Resolution 1991-088 is hereby amended to expand the South Coast Permit Parking District to consist in its entirety of the existing and proposed areas delineated on Exhibit 1, attached hereto and incorporated by reference. Section 3. Section 4 of Resolution 1991-088 is hereby amended to permit the Executive Director of the Public Works Agency, or his or her designee, to waive the limitation therein on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Resolution No. 2020-021 Page 1 of 3 City Council 22 – 1118 9/17/2024 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of April, 2020. o0-- MaW APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 71t'. -f L J n M. Funk Assistant City Attorney AYES: Councilmembers Bacerra Iglesias, Penaloza Pulido Sarmiento, Solorio Villegas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council do hereby attest to and certify the attached Resolution No. 2020-021 to be the original resolution adopted by the City Council of the City of Santa Ana on April 7, 2020. Date q — R _ 2Z2o Daisy Gomez Clerk of the Council City of Santa Ana Resolution No. 2020-021 Page 2 of 3 City Council 22 – 1119 9/17/2024 I EXISTING SOUTH COAST PERMIT PARKING DISTRICT PROPOSED EXPASNION TO SOUTH COAST PERMIT PARKING DISTR EXHIBIT 1 SANTA ANA off SOUTH COASTPWAPERMITPARKINGDISTRICT PAGE I OF I Resolution No. 2020-021 Page 3 of 3 City Council 22 – 1120 9/17/2024 RESOLUTION NO 93076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SANDPOINTE PERMIT PARKING DISTRICT WHEREAS pursuant to Article XI commencing with Section 36 480 of Chapter 36 of the Santa Ana Municipal Code the City Council of the city of Santa Aha is authorized to adopt a resolu tion establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article and WHEREAS this Council finds and determines that the Sandpointe residential neighborhood is in need of a Permit Parking District in order to protect its integrity against the intrusion of vehicular parking by residents and guests of multiplefamily residential developments on Main Street and MacArthur Boulevard NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS 1 The Sandpointe Permit Parking District is hereby established to consist of that area of the city of Santa Ana bounded on the north by Alton Avenue between Flower Street and Sycamore Street and Columbine Avenue between Sycamore Street and Main Street on the east by Sycamore Street between Alton Avenue and Columbine Avenue and Main Street between Columbine Avenue and Sunflower Avenue on the south by Sunflower Avenue and on the west by Flower Street Said district includes the said portions of Alton Avenue Sycamore Street and Columbine Avenue but does not extend to or include the said portions of Main Street Sunflower Avenue and Flower Street 2 The parking restrictions imposed pursuant to said Article XI and this Resolution shall apply to any block within the Sandpointe Permit Parking District only after a petition signed by the owners of seventyfive percent 75 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI 3 No person shall park any vehicle at any time on any portion of any street within the Sandpointe Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to said Article XI and this resolution City Council 22 – 1121 9/17/2024 RESOLUTION 93076 Page 2 4 Permit parking restrictions in the Sandpointe Permit Parking District shall not apply to the side of any street adjacent to any nonresidential use or to any multifamily use having more than four dwelling units 5 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolu tion include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the Sandpointe Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multiplefamily dwelling located on any lot in the Sandpointe Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit 6 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the Sandpointe Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 7th day of September 1993 ATTEST COUNClLMEMBERS Daniel H Young Mayor Young Aye Pulido Aye Lutz Aye Mills Aye Moreno Aye Norton Aye Richardson Absent APPROVED AS TO FORM city Attorney City Council 22 – 1122 9/17/2024 128 CERTIFICATE OF ORIGINALITY PUBLICATION State of California County of Orange I JANICE C GUY Clerk of the Council do hereby certify the attached Resolution z o 7 to be the original resolution adopted by the City Council of the City of Santa Ana on Date cof Conoil City ofrfinta Ana City Council 22 – 1123 9/17/2024 COLUMBINE A CURIE BELl ALPINE VE IMAC AR THIJR t PINE BOULEVARE MURPH AUROR AVE KELLER LEGEND KELLER TAFT VE 1ELEM CHO0 STEVENS AVE STEEN IjCityCouncil I Title Agenda Date Sept 7 1993 SANDPOINTE PERMIT PARKING DISTRICT BOUNDARY BLOCKS QUALIFIED FOR PERMIT PARKING SANDPOINTE PERMIT PARKING DISTRICT EXHIBIT 1 City Council 22 – 1124 9/17/2024 307 cls90700 RESOLUTION NO 2000062 THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE SOUTH METRO PERMIT PARKING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS SECTION 1 The City Council of the City of Santa Ana hereby finds determines and declares as follows Section 22507 of the Vehicle Code of the State of California authorizes a city to prohibit stopping parking or standing of vehicles on certain streets and to establish a permit system exempting residents merchants and guests from the prohibition Pursuant to Article XI commencing with Section 36480 of Chapter 36 of the Santa Ana Municipal Code hereinafter Article xr the City Council of the City of Santa Ana is authorized to adopt a resolution establishing Permit Parking Districts wherein parking restrictions apply to all vehicles except vehicles which have been issued parking permits pursuant to said Article C The South Metro residential neighborhood is in need of parking restrictions to protect its integrity from the intrusion of vehicular parking incidental to commercial and governmental activities to allow for adequate emergency vehicle access to counter the visually blighting effect of highly intensive on street parking and to discourage overcrowding of dwelling units SECTION 2 The South Metro Permit Parking District is hereby established to consist of that area of the City of Santa Ana generally bounded on the north by Warner Avenue on the east by Bristol Street on the south by Sunflower Avenue and City limits and on the west by Fairview Street as more particularly depicted in Exhibit 1 attached hereto and incorporated herein by reference SECTION 3 The parking restrictions imposed pursuant to Article Xl and this Resolution shall apply to any block within the South Metro Permit Parking District only after a petition signed by the owners of sixtysix percent 66 or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI SECTION 4 No person shall park any vehicle at any time on any portion of any street within the South Metro Permit Parking District as to which signs have been erected Resolution No 2000062 Page 1 of 3 City Council 22 – 1125 9/17/2024 308 indicating the application of permit parking restrictions except persons and vehicles exempted from such parking restrictions pursuant to Article Xl and this resolution SECTION 5 As indicated by posted signs permit parking restrictions in the South Metro Parking District do not include sections of streets that abut the front of non residential and multifamily uses with more than four dwelling units SECTION 6 Persons entitled to a permit to park in locations subject to permit parking restrictions pursuant to this resolution include and are limited to the following a Any person who is licensed to drive a motor vehicle and who resides in a singlefamily dwelling located in the South Metro Permit Parking District provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit b Any person who is licensed to drive a motor vehicle and who resides in a multifamily dwelling located on any lot in the South Metro Permit Parking District which does not have more than four dwelling units located on it provided that not more than one permit may be issued at any one time to the resident of anyone such dwelling unit and provided further that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of dwelling units on a lot if he determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of onsite parking SECTION 7 The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the South Metro Permit Parking District and to issue or deny such permits in accordance therewith Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders Such rules may be revised from time to time as circumstances require ADOPTED this 18th day of September 2000 AlrEST Patricia E Healy Clerk of the Council Mieel A Pulido Mayor Resolution No 2000062 Page 2 of 3 City Council 22 – 1126 9/17/2024 3O9 COUNCILMEMBERS APPROVED AS TO FORM Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Absent Joseph W Fletcher City Attorney Cristine L Shaw Deputy City Attorney CERTIFICATE OF ORIGINALITY I PATRICIA E HEALY Clerk of the Council do hereby certify the attached Resolution No 2000062 to be the original resolution adopted by the City Council of the City ofSantaj Ana Date on September 18 2000 Cler City of Santa Ana Resolution No 2000062 Page 3 of 3 City Council 22 – 1127 9/17/2024 311 CITY LIMITS ANTA ANA SOUTH METRO PARKING DISTRICT BOUNDARY PARKING DISTRICT MAP COUNCIL AGENDA DATE SEPTEMBER 18 2000 SOUTH METRO EXHIBIT 1 City Council 22 – 1128 9/17/2024 Exhibit 19 - Consistent and Supportive General Plan Goals, Policies, and Implementation Actions Page 1 of 2 • Goal M-4: Transportation, Land Use, and Design. Coordinated transportation planning efforts with land use and design strategies that encourage sustainable development and achieve broader community goals. o Policy M-4.1 Intense Development Areas. Program multimodal transportation and public realm improvements that support new development in areas along transit corridors and areas planned for high intensity development. o Policy M-4.7 Parking. Explore and implement a flexible menu of parking options and other strategies to efficiently coordinate the response to parking demands. o Action M-4.4 Residential parking. Reevaluate the Residential Permit Parking Program to ensure it complies with state law and best practices. • Goal M-5: Sustainable Transportation Design. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. o Action M-5.7 Parking Management Strategies. Evaluate parking management strategies, such as parking assessment districts, to facilitate parking in areas programmed for future development. • Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts. o Action LU-3.9 Parking. Through City Interagency collaboration, develop parking management strategies to support the Land Use Plan and reduce dependency on single-passenger vehicles, considering the parking needs for existing development and future activity nodes, changes in automotive technologies and car usage trends, and options for City-operated facilities. Explore parking strategies through pilot projects. • Goal HE-1: Housing and Neighborhoods. Livable and affordable neighborhoods with healthy and safe housing conditions, community services, well-maintained infrastructure, and public facilities that inspire neighborhood pride and ownership. o Policy HE-1.5 Infrastructure and Public Services. Provide quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. o Policy HE-1.10 Parking Management. Support innovative and creative strategies that proactively minimize parking impacts and deficiencies within residential neighborhoods, including parking management requirements, installation of parking lifts, and incentives for active transportation. City Council 22 – 1129 9/17/2024 Exhibit 19 - Consistent and Supportive General Plan Goals, Policies, and Implementation Actions Page 2 of 2 o Action HE-28.B Reevaluate the Residential Parking Permit Program to provide an equitable citywide permit-parking program that incorporates best practices and complies with state law. The proposed resolution amending Resolution No. 91-088, Resolution No. 93-076, and Resolution No. 2000-062 amendment to the Residential Permit Parking program supports and is consistent with these General Plan goals and policies of the Mobility Element, Land Use Element, and Housing Element. Addressing relevant permit parking programs and parking impacts constitutes implementation of the General Plan, specifically of the Mobility Element, Land Use Element, and Housing Element. City Council 22 – 1130 9/17/2024 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza ● P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments, and stay informed about projects that might be important to you. We encourage you to contact us prior to the Public Hearing if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will hold a public hearing to receive public testimony and will take action on the item described below. Project Location: The 41-acre site generally referred to as 3600 South Bristol Street located within the General Commercial (C2) and Commercial Residential (CR) zoning districts Project Applicant: Steven Oh with RCR Bristol LLC (Applicant) on behalf of Greenville Ranch LLC, BSG West Bristol LLC, and MCG Bristol West LLC (Property Owners) Proposed Project: Applicant is requesting approval of various entitlements to facilitate the establishment of a new Specific Plan (SP) and construction of a new, mixed-use urban village. The SP proposes up to 3,750 residential units, 200 units of senior continuum of care living, a 250 room key hotel (approximately 150,000 square feet), 350,000 square feet of commercial space, and approximately 13.1 acres of publicly accessible open space. The entitlements include an amendment (zone change) application (AA No. 2023-03), tentative tract map (TM No. 2023-01), and development agreement (DA No. 2023-02). The requested actions also require an overrule of the John Wayne Airport Land Use Commission’s determination of inconsistency for the project with the Airport Environs Land Use Plan. Environmental Impact: Pursuant to the California Environment Quality Act (CEQA), the project requires preparation of a Draft Supplemental Environmental Impact Report (EIR) (State Clearinghouse Number 2020029087) that analyzes the potential impacts of the project and identifies measures to mitigate the environmental effects. The EIR concludes that the proposed project would require mitigation related to Air Quality, Cultural Resources, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation, and Tribal Cultural Resources. Impacts related to Air Quality and Recreation would remain significant and unavoidable after mitigation. Action Taken by the Planning Commission on August 12, 2024: Recommended that the City Council adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 2022-01 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt of a Statement of Overriding Considerations, (3) adopt the Mitigation Monitoring and Reporting Program, and (4) approve the Project; Adopt an ordinance approving Amendment Application No. 2023-03 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); Adopt an ordinance approving Development Agreement No. 2023-02; Adopt a resolution approving Vesting Tentative Tract Map No. 2023-01 (County Map No. 19272), as conditioned; and Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings VOTE: 7-0 (Ayes: Commissioners Benninger, Escamilla, Leo, Oliva, Pham, Ramos, Woo). City Council 22 – 1131 9/17/2024 Meeting Details: This public hearing will be held on Tuesday, September 17, 2024, at 5:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in-person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/agendas-and-minutes/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to eComment@santa-ana.org (reference the Agenda Item # in the subject line) or mail to Jennifer L. Hall, City Clerk, City of Santa Ana, 20 Civic Center Plaza – M30, Santa Ana, CA 92701. Deadline to submit written comments is 4:00 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the City Council but will be made part of the record. Where To Get More Information: All staff reports regarding any item on this agenda are available for public inspection in the City Clerk’s Office during regular business hours and posted on the City’s website the Tuesday before a Council meeting at: https://www.santa-ana.org/agendas-and-minutes/. Who To Contact For Questions: Should you have any questions, please contact Ali Pezeshkpour with the Planning and Building Agency at APezeshkpour@santa-ana.org or (714) 647-5882. Note: If you challenge the decision on the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en español, favor de llamar a Nuvia Ocampo (714) 667-2732. Nếu cần liên lạc bằng tiếng Việt, xin điện thoại cho Tony Lai số (714) 565-2627. 2,000-FOOT RADIUS NOTIFICATION MAP City Council 22 – 1132 9/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Consolidated Annual Performance and Evaluation Report for FY 2023-24 AGENDA TITLE Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 2023-24 Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024. RECOMMENDED ACTION Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development. GOVERNMENT CODE §84308 APPLIES: No COMMUNITY DEVELOPMENT COMMISION At its Regular Meeting on August 28, 2024, the Community Development Commission (CDC) held a public hearing to receive resident and stakeholder comments on the Fiscal Year 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER). No comments were received during the meeting. The Community Development Commission recommended approval of the FY 2023-24 Consolidated Annual Performance and Evaluation Report to the City Council by a vote of 4:0 (Rios absent). DISCUSSION The Five-Year Consolidated Plan is a comprehensive planning and application document that covers the three entitlement grants that the City receives annually from the U.S. Department of Housing and Urban Development (“HUD”). The Consolidated Plan outlines a strategy for using the three grants and other resources to meet community needs as they were identified in the Plan. These three entitlement grants are the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and HOME Investment Partnerships Program (“HOME”). The Consolidated Plan also identifies five-year numeric goals for meeting the identified community needs that Santa Ana will work toward during the period covered. As part of the Consolidated Plan process, HUD requires the City to submit a City Council 23 – 1 9/17/2024 Consolidated Annual Performance and Evaluation Report for FY 2023-24 September 17, 2024 Page 2 4 5 3 1 Consolidated Annual Performance and Evaluation Report (“CAPER”) (Exhibit 1). The CAPER describes the activities and accomplishments for the three federal entitlement grants during the past Fiscal Year. It also reports on the City’s success in achieving the five-year numeric goals and objectives that are established in the Five-Year Consolidated Plan. Fiscal Year 2023-24 is the fourth year covered by the July 1, 2020 through June 30, 2024 Consolidated Five-Year Plan. The following table highlights accomplishments achieved during Fiscal Year 2023-24 with funding from the CDBG, ESG, and HOME Program: General Activity Accomplishments Capital Improvements •175,690 residents were assisted through the improvements of neighborhood facilities, parks and recreation facilities, and street improvements. Economic Development •Provided 12 small business incentive grants to small businesses. Public Services •Provided funding for 20 nonprofit organizations to administer 21 programs and served a total of 4,255 persons. •America on Track, Boys and Girls Club, Delhi Center, Girls Inc., Neutral Ground, Orange County Children’s Therapeutic Arts Center, Taller San Jose, and The Cambodian Family specifically, provided youth services that included tutoring, education, recreation, fitness, a classical music program, and gang prevention. •Community Action Partnership of Orange County and the Delhi Center provided youth and family services that included financial empowerment, education, leadership, and financial workshops. •Casa de la Familia, Community Legal Aid SoCal, Lutheran Social Services of Southern California, and Human Options provided criminal record expungement and domestic violence services that included housing and legal services. •Community Health Initiative of Orange County, MOMS Orange County, Neutral Ground, and Radiant Health Services provided access to health and social service programs by conducting outreach, education, and enrollment. •Stand up for Kids, WISEPlace, and Public Law Center provided affordable housing and homelessness services. Affordable Housing •The Westview House affordable housing project located at 2530 & 2534 Westminster Avenue, Santa Ana, CA 92701 continued construction. This project will provide 84 units of affordable housing for large families including nine (9) HOME assisted units. •The Crossroads at Washington affordable housing project located at 1126, 1136, and 1146 E. Washington Avenue continued construction. This project will provide 85 units of affordable housing for large families including 12 HOME assisted units. •The WISEPlace Permanent Supportive Housing project located at 1411 N. Broadway continued construction. This project will City Council 23 – 2 9/17/2024 Consolidated Annual Performance and Evaluation Report for FY 2023-24 September 17, 2024 Page 3 4 5 3 1 The draft CAPER reflects data that was available in the HUD system as of August 19, 2024. The final CAPER will capture performance information from the fourth quarter that is not available to date. For this reason, several tables in the draft CAPER are blank. Each table in the final CAPER will be complete to show the progress made in meeting the Five-Year Consolidated Plan objectives. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2023-24 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager provide 47 units of permanent supportive housing including 16 HOME-ARP assisted units. •Funded four (4) first-time homebuyer down payment assistance loans with $480,000 in CDBG funds. •Participated in eight (8) down payment assistance workshops and forty three (43) outreach events Code Enforcement •Community preservation efforts continue in deteriorated and deteriorating areas to preserve the City's aging housing stock. In FY 2023-24 Code Enforcement funds were used to respond to complaints covering residential properties within the CDBG eligible deteriorating and deteriorated areas. During the program year, the City issued a total of 10,971 violations to single-family units. •Code Enforcement staff also issued 199 Notices of Violation, 103 Notice and Orders, and 7,240 Administrative Citations involving residential housing. As a result of these efforts, property owners have made approximately $4,465,280 in repairs and upgrades encompassing 635 permits. Homeless Services (ESG) •Provided assistance to 1,250 persons through Street Outreach, Homeless Prevention, Rapid Re-housing, or Shelter. This number includes 163 children and 1,046 individuals who reported as adults. Numbers also include 686 that identified as Male and 419 who identified as Female, seven (7) identified as Transgender, Three (3) identified as more than one gender, and three (3) identified as non-binary. •Provided services to 408 persons with mental health disabilities, 215 persons with physical disabilities, 302 persons with chronic health disabilities, 412 persons with substance abuse disabilities, 120 persons with developmental disabilities, and 21 persons with HIV/AIDS. City Council 23 – 3 9/17/2024 2023EXHIBIT 1 Consolidated Annual Performace Evaluation Report Building,buying,and/or rehabilitating affordable housing. Developing viable urban communities. Improving the number and quality of emergency shelters for homeless individuals and families. CITY OF SANTA ANA Community Development Agency City Council 23 – 4 9/17/2024 EXHIBIT 1 City Council 23 – 5 9/17/2024 EXHIBIT 1 City Council 23 – 6 9/17/2024 EXHIBIT 1 City Council 23 – 7 9/17/2024 EXHIBIT 1 City Council 23 – 8 9/17/2024 EXHIBIT 1 City Council 23 – 9 9/17/2024 EXHIBIT 1 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME White 843 28 65 16 5 0 0 0 0 0 0 0 0 Black or African American Asian American Indian or American Native Native Hawaiian or Other Pacific Islander Total 957 802 155 Hispanic Not Hispanic Describe the clients assisted (including the racial and/or ethnicity of clients assisted with ESG) HESG American Indian, Alaska Native, or Indigenous Asian or Asian American Black, African American, or African Hispanic/Latina/e/o Middle Eastern or North African Native Hawaiian or Pacific Islander White 47 26 84 275 5 12 622 20Multiracial Client doesn't know 0 Client prefers not to answer Data not collected 0 0 Total 1,091 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative In FY2023, CDBG, HOME and ESG resources provided assistance to residents through an array of programs. The race and ethnicity of these individuals are summarized above. CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 10 9/17/2024 EXHIBIT 1 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG HOME ESG public - federal public - federal public - federal 4,808,057 7,785,790 447,249 Table 3 - Resources Made Available Narrative Identify the geographic distribution and location of investments Target Area Planned Percentage of Actual Percentage of Allocation Narrative Description Allocation Citywide 100 Citywide Table 4 – Identify the geographic distribution and location of investments Narrative CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 11 9/17/2024 EXHIBIT 1 Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 4. Match liability for current Federal fiscal year 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) Table 5 – Fiscal Year Summary - HOME Match Report 0 0 0 0 CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 12 9/17/2024 EXHIBIT 1 City Council 23 – 13 9/17/2024 EXHIBIT 1 Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- HispanicAlaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount Number 0 0 0 0 0 0 0 0 0 0 00 0 0 Sub-Contracts Number Dollar Amount 0 0 0 0 0 0 0 0 0 0 Total Women Business Male Enterprises Contracts Dollar Amount Number 0 0 0 0 00 0 0 Sub-Contracts Number Dollar Amount 0 0 00 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- HispanicAlaskan Native or American Indian Asian or Black Non-Hispanic Pacific Hispanic Islander Number Dollar Amount 0 0 0 0 0 0 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 14 9/17/2024 EXHIBIT 1 Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced Nonprofit Organizations Displaced Households Temporarily Relocated, not Displaced 0 0 0 0 0 0 Households Displaced Total Minority Property Enterprises White Non- HispanicAlaskan Native or American Indian Asian or Black Non-Hispanic Pacific Hispanic Islander Number Cost 0 0 0 0 0 0 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 15 9/17/2024 EXHIBIT 1 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units Number of Non-Homeless households to be provided affordable housing units Number of Special-Needs households to be provided affordable housing units Total 0 0 030 0 30 0 0 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 25 0 0 0 0 Number of households supported through The Production of New Units Number of households supported through Rehab of Existing Units 25 Number of households supported through Acquisition of Existing Units Total 0 50 0 0 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. Discuss how these outcomes will impact future annual action plans. Include the number of extremely low-income, low-income, and moderate-income persons CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 16 9/17/2024 EXHIBIT 1 served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income Low-income Moderate-income Total 0 4 0 4 0 0 0 0 Table 13 – Number of Households Served Narrative Information CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 17 9/17/2024 EXHIBIT 1 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Santa Ana prioritizes effective, targeted, and safe outreach to individuals experiencing homelessness to support these individuals in identifying resources and establishing pathways to safe and sustainable housing. The City has outreach staff regularly working and interfacing with individuals experiencing homelessness to provide assistance and support in enrolling in shelter and/ or seeking other services. During the 2023-2024 Program Year, the City of Santa Ana worked towards the following objectives: 1. Prioritized street outreach through Quality of Life Teams 2. Preserved existing and increase the supply of permanent supportive housing 3. Preserved existing and increase the supply of affordable housing 4. Provided housing services and assistance to special needs populations 5. Improved critical services to low-income and special needs populations 6. Coordinated services within the City as well as regionally in collaboration with the Continuum of Care 7. Collaborated with all communities in Orange County to address homelessness with coordinated, regional approaches Addressing the emergency shelter and transitional housing needs of homeless persons The ESG funded programs provided Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. The City targeted actions to addres the needs of individuals who are homeless that includes unaccompanied women, victims of domestic violence, chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. The range of services include emergency shelter, transitional housing and permanent supportive housing. ESG funds provided assistance for street outreach services, homeless prevention and rapid re- housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 18 9/17/2024 EXHIBIT 1 Through the objective summarized above in the Outreach section, the City strives to help individuals and families from becoming homeless. The ESG program funds Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services. Additionally, the County of Orange is equipped to serve people discharged from publicly funded institutions or systems of care such as health care facilities or correction programs. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City supported a number of programs to assist low-income individuals and families to avoid becoming homeless, including Section 8 Housing Choice vouchers. Other support services, such as job and training assistance, food assistance, and counseling are also available to help individuals recover from homelessness and to avoid becoming homeless. The City worked closely with the Continuum of Care who provided oversight for the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to prioritize the most vulnerable chronically homeless individuals. Case management services were offered in all programs to help prevent individuals from falling back into homelessness. CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 19 9/17/2024 EXHIBIT 1 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing N/A – The City does not have any public housing. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership N/A – The City does not have any public housing. Actions taken to provide assistance to troubled PHAs N/A – The City does not have any public housing. CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 20 9/17/2024 EXHIBIT 1 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The 2020–2024 Consolidated Plan identified several barriers to the development of affordable housing including the following: Limited funding sources, financial costs, and the costs of development. Market constraints primarily the availability, cost, and competition for land. Available land in the City mostly consists of small parcels that must be assembled for significant new construction projects. Relocation costs and housing replacement requirements for redeveloping improved properties also presents barriers to the development of affordable housing. The region’s rents have continued to increase. Higher rents limited the ability of some lower income households to obtain decent and affordable housing. Households with no or poor credit history are severely impacted. In an effort to mitigate these barriers, Santa Ana undertook the following actions during the report period: Construction of new rental and homeownership units Rehabilitation and/ or preservation of existing rental units Homeowner rehabilitation programs for low- and moderate-income households Through the City’s compliance with AB 1486 (Surplus Lands Act) as well as a constant monitoring of state land made available through Executive Order N-06-19, the City will look to identify potential parcels of underutilized land that can be leveraged for potential affordable housing development. Continued to enforce the City’s inclusionary housing ordinance in which new residential projects that meet the specified criteria must provide: 1) if the new residential project consists of units for sale, then a minimum of 10% of the total number of units in the project shall be sold to moderate income households; 2) If the new residential project consist of rental units, a minimum of 15% of the units shall be rented to low income households, or 10% rented to very low income households; or 3) the developer may elect to satisfy these requirements for the project by payment of a fee in lieu of constructing some or all of the affordable units. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Based on the 2024 Point in Time Count and Survey, there are 1,428 individuals experiencing CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 21 9/17/2024 EXHIBIT 1 homelessness in the County, with 278 in the City of Santa Ana. This is a decrease of 19.28% in unsheltered and sheltered homeless population in Santa Ana since 2019. One challenge for Santa Ana is that many individuals experiencing homelessness gravitate to specific cities, one of which is Santa Ana. A goal of the City is to work closely with community and faithbased groups, other municipalities and the County to provide a coordinated and regional effort to address homelessness throughout the County. In addition, several programs were funded by HOME, CDBG and ESG to assist underserved individuals. The number of persons assisted during the report period is highlighted throughout this report. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-paint hazards are typically found in buildings constructed prior to 1978; the year lead based paint was banned in the United States. Until 2012, children were identified as having a blood lead “level of concern” if blood tests resulted in 10 or more micrograms of lead per deciliter. Experts now use a reference level of 5 micrograms per deciliter to identify children with blood levels that are much higher than most children’s levels. Although many children remain at risk exposure to harmful lead levels (i.e., blood lead levels greater than the CDC recommended level of 5 micrograms of lead per deciliter of blood), the CDC reported a decline in blood levels in children age five and younger, largely a result of the phase-out of leaded gasoline and efforts by federal, state, and local agencies to limit lead paint hazards in housing.In all housing activities, the City complies with requirements to examine for the potential risk of lead exposure. If and when lead is identified, the City works with the property owner and/ or subrecipient to remediate the lead-based paint. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) Santa Ana’s anti-poverty strategy includes expanding housing opportunities and support services for low-income residents, and coordinating public and private resources to address their specific needs. Services and activities supported by the City included: Economic development program to stimulate the local economy and further increase job opportunities for low- and moderate-income individuals. Provide housing assistance through the City’s ESG and ESG-CV programs offering services including: Homelessness Prevention, Rapid Re-Housing, Emergency Shelter, and Street Outreach services to reduce the number of poverty-level families that may have their housing status negatively impacted by the COVID-19 pandemic. Partner with and leverage local job training programs focused on supporting residents prepare for and access living wage job opportunities. Through the City’s housing programs, it will reduce the number of cost burdened households living in the City, allowing them to allocate personal resources to other critical household needs. Public services will be targeted to address critical needs of low-income and vulnerable residents through the provision of programming, transportation, education, childcare and other key needs that are identified by the City and its stakeholders. Services such as these are components to CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 22 9/17/2024 EXHIBIT 1 assist individuals to be better suited to secure and retain living wage employment. Homeless assistance, including prevention, will provide critical services to extremely low-income households in need of immediate assistance and support to be better suited and able to take steps to identify sustainable housing and employment options. Improving public facilities eliminates existing facilities and infrastructure that negatively impacts residential neighborhoods. Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional delivery system in Santa Ana is high-functioning and collaborative, particularly the relationship between city departments and the nonprofit sector comprised of a network of capable nonprofit organizations operating in Santa Ana and throughout Orange County that are delivering a full range of services to residents. Affordable housing development and preservation activities are carried out by the Housing Department of the Community Development Agency in partnership with housing developers and contractors. The Planning and Building Agency supports code enforcement activities. Public service activities are carried out by nonprofit organizations with support and oversight from the Community Development Agency as necessary to achieve the Strategic Plan goals. The Community Development, Public Works and Planning and Building Agencies work together with contractors to implement public facilities and improvement projects. The greatest challenge behind COVID-19, in the City’s institutional delivery system is the breadth and diversity of need and exceeds the amount of available funding to completely address all needs within the community. Consequently, even high priority needs cannot be fully funded. Further, due to the scale of need within the community – nonprofit service providers are also operating at maximum capacity. As a result, non-profit leadership has less time to dedicate to coordination and alignment with other partner agencies and organizations to strategically target needs. In PY21 the Community Development Agency worked to increase the efficiency of collaboration and coordination among different providers operating in the City and throughout the region. The City also supported programs aimed at enhancing. Examples of actions undertaken during the report period to overcome gaps and enhance coordination included the following: The City’s Workforce Development Board played a key role in developing employment opportunities for lower income Santa Ana residents. The WDB is comprised of various community leaders representing private employment, education, social services and government. This diversity in the board’s representation ensures that the community’s workforce needs are identified and addressed through a variety of public and private resources. This advisory board also brings key community contacts together resulting in enhanced coordination of program delivery and resource utilization. The City participated in several homeless forums and committees. Specifically, the City served on the Orange County Continuum of Care Board and participated in several committes including CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 23 9/17/2024 EXHIBIT 1 the Housing Opportunity Committee, the Emergency Shelter Committee and the Data and Performance Committee. The City also served on the Leadership Council for the United to End Homelessness campaign empowered by the United Way and participated on the Executive Committee. Through this participation, the City can ensure that barriers to housing and the needs of the homeless are identified and addressed through the coordinated regional implementation of limited funding and resources. The City sought to encourage home ownership opportunities to promote neighborhood stability. With a high median purchase price of homes, homeownership remains a challenge for households earning less than 80% of county median income. Recent increases in housing costs have exacerbated this situation. Neighborhood residents were encouraged to participate in the preparation and implementation of neighborhood assessments and plans, and were kept informed on homelessness issues. Santa Ana’s Neighborhood Initiatives Program provided the means to facilitate this participation. This coordination included working with a variety of city departments, public utilities, property owners, tenants, nonprofit agencies and the school district. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) As in past years, Santa Ana made an effort to leverage private and federal funds with local and state funds to increase and preserve the City’s supply of affordable rental housing. The greatest barrier to affordable housing in the City is a limited supply of resources and available land to support the development and preservation of affordable housing within the City. The City works closely with non- governmental, state and federal agencies to identify potential funding streams and resources. Several affordable housing projects are moving forward currently in the City and two projects for individuals/veterans experiencing homelessness are in the pipeline. These are examples of how the City is coordinating with private developers and social service agencies to create affordable housing opportunities in Santa Ana. The City’s owner-occupied housing rehabilitation programs have been instrumental in preserving housing units occupied by lower income households. Furthermore, homeownership opportunities for low- and moderate-income homebuyers were available via the City’s participation in the City’s Down Payment Assistance Program. The City worked closely with Habitat for Humanity in completing the last phase of the scattered site project where single family homes were developed to be sold at affordable price and to restrict to income qualified households for a period of at least 45 years. Additionally, the Santa Ana Housing Authority provided rental assistance vouchers to very-low income households. Participants in the Housing Authority’s Family Self-Sufficiency (FSS) program were also referred to classes (available in English, Spanish and Vietnamese) on how to prepare for homeownership. City staff met regularly with public and private organizations to coordinate various efforts. The City's relationship with nonprofit organizations in the community allowed for an integrated approach for CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 24 9/17/2024 EXHIBIT 1 funding requests from local, state and federal agencies. The City worked with nonprofits as they applied for funds for activities consistent with the objectives in the Consolidated Plan. The City also communicated with various institutions to facilitate the exchange of information and to develop strategies to provide benefits and housing services. Homeless needs and priorities continue to be identified through the County’s CoC system. The City consults with the County and local ESG entitlement grantees in regard to the use of ESG funds. On-going meetings are held to coordinate the development of eligibility criteria, performance standards and outcome measurements, as well as to establish funding, policies, and procedures for the operation and administration of the Homeless Management Information System (HMIS). Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City evaluated barriers and constraints to the development of affordable housing as a critical component of the Housing Element. The California Department of Housing and Community has received Santa Ana’s Adopted Housing Element for certification. The element includes actions to affirmatively further fair housing. The City participated in the update to the County’s Regional Analysis of Impediments to Fair Housing Choice for the period of 2020 - 2024. Through this process, the City has identified a set of city-specific and regional goals and approaches to address barriers to affordable housing and affirmatively further fair housing in the City. CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 25 9/17/2024 EXHIBIT 1 CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements To ensure that HUD funds are used efficiently and in compliance with applicable regulations, the City provides technical assistance to all subrecipients at the beginning of each program year and monitors subrecipients throughout the program year. The City of Santa Ana applied the same monitoring standards to its CDBG-CV and ESG-CV programs. Technical Assistance To enhance compliance with federal program regulations, the City provides an annual Notice of Funding Availability (NOFA) workshop to review the Plan goals, program requirements and available resources with potential applicants. Subsequent to the approval of the Annual Action Plan, a mandatory subrecipient workshop is held to review program regulations in detail, to provide useful forms and resources for documenting compliance and to review the City’s compliance procedures and requirements. Additionally, individualized technical assistance is provided on an as-needed basis throughout a program year. Activity Monitoring All activities are monitored, beginning with a detailed review upon receipt of an application to determine eligibility, conformance with a National Objective and conformance with a Plan goal. This review also examines the proposed use of funds, eligibility of the service area, eligibility of the intended beneficiaries and likelihood of compliance with other federal requirements such as the National Environmental Policy Act, the System for Award Management (SAM) debarment list, prevailing wage, Minority and Women Business Enterprise, Section 3 and federal acquisition and relocation regulations, as applicable. Subrecipients are required to submit an audit and other documentation to establish their capacity, and any findings noted in the audit are reviewed with the applicant. Eligible applications are then considered for funding. Once funded, desk monitoring includes ongoing review of required quarterly performance reports. For CDBG public service activities, an on-site monitoring is conducted once every two (2) years, or more frequently as needed to ensure compliance. These reviews include both a fiscal and programmatic review of the subrecipient’s activities. The reviews determine if the subrecipient is complying with the program regulations and City contract. Areas routinely reviewed include overall CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 26 9/17/2024 EXHIBIT 1 administration, financial systems, appropriateness of program expenditures, program delivery, client eligibility determination and documentation, reporting systems, and achievement toward achieving contractual goals. Following the monitoring visit, a written report is provided delineating the results of the review and any findings of non-compliance and the required corrective action. Subrecipients normally have 30 days to provide the City with corrective actions taken to address any noted findings. Individualized technical assistance is provided, as noted above, as soon as compliance concerns are identified. For CDBG capital projects, monitoring also includes compliance with regulatory agreement requirements Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City published a notice in the general circulation of papers in English, Spanish and Vietnamese that its CAPER was available for review for public comment. The CAPER was made available for review at the Office of the Clerk of the Council, Community Development Agency 6th Floor Reception Area, Main Library, and on the City’s website.There was a 15-day public comment period prior to the submission of the CAPER to HUD. In addition, a public hearing was held by the Community Redevelopment and Housing Commission and at the City Council meeting to obtain public comments, with the City Council authorizing the submission of the report to HUD. Despite efforts to solicit public feedback, no comments were received during the 15-day public comment period, nor at the public hearing held by the Community Redevelopment and Housing Commission or the City Council meeting. The City acknowledges the importance of community engagement and remains committed to transparency in its reporting processes. CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 27 9/17/2024 EXHIBIT 1 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The 2023-2024 Program Year was the fourth year of the 2020-2024 Consolidated Plan. The City made progress towards its five-year and one-year goals for this reporting period and did not change its program objectives or the projects & activites that utilized CDBG, ESG, and HOME funds. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 28 9/17/2024 EXHIBIT 1 CR-50 - HOME 24 CFR 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Please list those projects that should have been inspected on-site this program year based upon the schedule in 24 CFR §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. The City of Santa Ana conducts onsite inspections of HOME-assisted rental units during the required affordability period to determine compliance with HUD property standards in accordance with 24 CFR 92.251. HOME-assisted rental projects with one to four units are inspected every three years, projects with five to 25 units are inspected every two years, and projects with 26 or more units are inspected annually. The City of Santa Ana received COVID-19 waivers regarding on-site inspections of rental housing and for housing units of recipients of TBRA funding. Inspection schedule dates have been shifted accordingly as per HUD regulations. During Fiscal Year 2023 (July 1, 2023, to June 30, 2024), the City administered assistance to 717 rental units through the HOME program. Among these, 1,025 units underwent inspection, with 717 units successfully passing the initial scrutiny while 308 units failed. Following re-inspection, all 308 previously failed units were reviewed, resulting in all passing the re-inspection. HOME: In the 2023-2024 fiscal year, the City of Santa Ana advanced its efforts to promote homeownership and maintain compliance with the HOME Investment Partnerships Program. In December 2023, the City issued a Request for Proposals (RFP) to enhance access to affordable housing, resulting in three submissions currently under review for potential funding as of June 30, 2024. Additionally, between January and June 2024, City staff conducted compliance monitoring for 37 HOME- CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 29 9/17/2024 EXHIBIT 1 assisted properties, covering 362 units, which represent approximately 17% of the City's total affordable housing units. In line with HOME program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. Notably, none of the HOME units were found to be out of compliance with established standards. Compliance Monitoring: Between January and June 2024, City staff conducted compliance monitoring for 57 affordable properties, covering approximately 2,000 units. In accordance with each property’s program requirements and City regulations, staff reviewed 20% of the units at each property through on-site tenant file inspections. While none of the HOME units were found to be out of compliance, one property, Nineteen 01, which includes 10 inclusionary housing units, was identified as out of compliance. City staff is actively working with the management team to bring these units into compliance with the required standards.. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 24 CFR 91.520(e) and 24 CFR 92.351(a) The City’s affirmative marketing procedures and requirements apply to rental and homebuyer projects containing 5 or more HOME or CDBG-assisted housing. These procedures and requirements do not apply to families with Section 8 tenant-based rental housing assistance or families with tenant-based rental assistance provided with HOME funds. The procedures include: Methods to inform the public about Federal fair housing laws: The City displays the Equal Housing logo or slogan in housing-related press releases and solicitations for owners, and on the website page for the City’s Housing and Neighborhood Development Division. The City requests the County of Orange to include information on the City’s HOME and CDBG- assisted rental units in its countywide Affordable Housing List maintained by the County. Requirements and practices owners must adhere to: Owners must display the Equal Housing Opportunity logo or slogan in all correspondence with current or potential tenants, on lease agreements, and display the fair housing poster in their leasing offices, and develop written procedures for selecting tenants. The City required owners of City HOME- and CDBG-assisted rental units to continuously review the demographic makeup of their tenants. If and when such review indicated that their tenants CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 30 9/17/2024 EXHIBIT 1 no longer reflected the City’s minority population, they were required to inform the City of that fact and request City review and approval for the steps they took to correct that deficiency. Compliance with the City’s affirmative marketing requirements and procedures will be made an obligation of all rental property owners receiving HOME or CDBG assistance from the City of Santa Ana, and will be enforceable by means of appropriate actions described in loan documents recorded through the County of Orange. Record keeping: The City will require owners of its HOME- and CDBG- assisted rental units covered under this marketing plan to make an annual report to the City detailing the steps they have taken to comply with this Program. They will also be required to report on the ethnicity of their tenants, as well as rents, income levels, and other household characteristics. Reports will be made on a form that is acceptable to the City of Santa Ana, and that will enable the City to capture the data it needs to evaluate owner compliance with this Program. The City will maintain records on owner reports and its evaluation of those reports for a period of not less than ten years after expiration of the affordability period required by applicable HUD regulations. Annual assessment: Upon receipt of owner reports, the City will evaluate the ethnic and racial characteristics of tenants being served to determine if they reflect the City’s housing market. If they do not, the City will direct the owner to take further affirmative marketing steps to correct the imbalance. The City will track and evaluate the steps taken to insure they have the desired effect. Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Not applicable. The City receipted $XXX,XXX in program income during FY2023. The City did not expend any program income during the FY2023 program year, but anticipates that such funds will be included in forthcoming RFPs during program year 2024. Describe other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 24 CFR 91.320(j) The City coordinates HOME funding and activities with other federal, state, and local affordable housing resources to maximize the assistance provided in the City and construct and/ or rehabilitate affordable housing throughout the City. CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 31 9/17/2024 EXHIBIT 1 CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 32 9/17/2024 EXHIBIT 1 CR-58 – Section 3 Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF Total Number of Activities 0 0 0 0 0 Total Labor Hours Total Section 3 Worker Hours Total Targeted Section 3 Worker Hours Table 14 – Total Labor Hours Qualitative Efforts - Number of Activities by Program Outreach efforts to generate job applicants who are Public Housing Targeted Workers CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Other Funding Targeted Workers. Direct, on-the job training (including apprenticeships). Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). Outreach efforts to identify and secure bids from Section 3 business concerns. Technical assistance to help Section 3 business concerns understand and bid on contracts. Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. Held one or more job fairs. Provided or connected residents with supportive services that can provide direct services or referrals. Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. Assisted residents with finding child care. Assisted residents to apply for, or attend community college or a four year educational institution. Assisted residents to apply for, or attend vocational/technical training. Assisted residents to obtain financial literacy training and/or coaching. Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. Provided or connected residents with training on computer use or online technologies. Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act. CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 33 9/17/2024 EXHIBIT 1 Other. Table 15 – Qualitative Efforts - Number of Activities by Program Narrative CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) City Council 23 – 34 9/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Joint Public Hearing: Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot AGENDA TITLE Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 398-601-02) for Parking Lot (General Fund and Non-General Fund) Legal notice public in the OC Reporter on August 30 and September 9, 2024. RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION City Council 24 – 1 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 2 4 5 2 9 FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On February 20, 2024, the City Council approved an appropriation for the City to acquire the Third and Main parking lot (the “Property”) from the Successor Agency. Therefore, the City may purchase the last remaining Successor Agency property contingent upon the Countywide Oversight Board (Oversight Board) and the Department of Finance (DOF) approval of the sale. The purchase price of $190,000 was established by an appraisal conducted on September 11, 2023. Successor Agency The City of Santa Ana adopted an ordinance in 1973 to create a Redevelopment Agency. Throughout the years, the Community Redevelopment Agency (RDA) of the City of Santa Ana completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas and through this process acquired real property for future development. On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, Case No. S194861, the RDA was dissolved and the City began to serve as the “Successor Agency.” The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by Assembly Bill (AB) 1484, to City Council 24 – 2 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 3 4 5 2 9 administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs. The Oversight Board to the Successor Agency has oversight with respect to the Dissolution process, including final review and approval of the Long Range Property Management Plan (LRPMP). The Oversight Board has fiduciary responsibilities to holders of enforceable obligations and to the taxing entities that benefit from distribution of property tax and other revenue. As of June 30, 2018, the Orange County Auditor Controller is overseeing this function. The property identified by the City for a parking lot is identified in the LRPMP for disposition. The Successor Agency may dispose of these properties after authorization from the Oversight Board and the Department of Finance. Approval of the resolution will allow staff to present the sale of the properties to the Oversight Board and the Department of Finance for authorization. Once authorized, the Successor Agency may proceed with the sale of the properties to the City and remit the proceeds to the Orange County Auditor Controller for distribution amongst taxing entities. Notice of the time and place for the public hearing was published in the OC Reporter on August 30, 2024 and September 9, 2024, once a week for two weeks in newspaper of general circulation, pursuant to Health and Safety Code Section 33431. The Property The Property consists of sixty (60) parking spaces, landscaping, decorative cinder block columns, and wrought iron fencing. The Property is subject to a Parking Space Agreement (“Parking Agreement”) dated May 18, 1993 between the RDA and the adjacent property owner, which assures the availability of 60 parking spaces to serve the building located at 200 North Main Street (“Builders Exchange”). This Property is also subject to a property maintenance license and revocable access easement agreement (“Maintenance - Access Agreement”) entered by the Successor Agency and the adjacent property owner (Swinerton) on October 11, 2019. The Maintenance - Access Agreement was initially for a three year period, with automatic annual renewals to allow ingress and egress the Property’s parking lot and access to the Builders Exchange building. The purchase of the Property will continue to be subject to both the Parking and Maintenance – Access Agreements, but could be developed for future public benefit purposes through a cooperative arrangement with the adjacent property owner. Surplus Lands Act The property is being disposed of in accordance with the California Surplus Lands Act, Government Code §54220 et seq. This resolution declares the property exempt surplus under California Government Code section 54221(f)(1)(D), and allows the Successor Agency to enter into a Purchase and Sale Agreement with the City. City Council 24 – 3 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 4 4 5 2 9 Environmental Impact Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3). The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment. The proposed action is also exempt pursuant to Section 15301 because it consists of the operation of existing public or private structure or facilities involving negligible or no expansion of existing or former use. However, if development were proposed on the property, then that development may be reviewed under CEQA. FISCAL IMPACT Funds in the amount of $190,000 for the purchase price plus closing costs were available in the CDA – Service Enhancement account (no. 01118017-66100) for expenditure in FY 2023-24. Therefore, a proposed carryover of unspent funds will be presented to City Council in October for approval of carryovers to FY 2024-25. Funds for the Successor Agency’s closing and escrow costs as the seller are available in the Redevelopment Administration Fund account (no. 67018843-62300). Upon approval by the Oversight Board and DOF, and completion of the transaction, $190,000 in proceeds from the sale will be deposited in the Redevelopment Obligation Retirement Funds Revenue account (no. 67018002-57071) and payment to the County of Orange, Auditor-Controller will be made from expenditure account (no. 67018850-69142). EXHIBIT(S) 1. Successor Agency Resolution – Exempt Surplus 2. City Council Resolution – Purchase and Sale Agreement 3. Successor Agency Resolution – Purchase and Sale Agreement 4. Purchase and Sale Agreement 5. California Health and Safety Code Section 33433 Report 6. Location Map 7. Legal Description Report 8. Long Range Property Management Plan (LRPMP): https://www.santa-ana.org/documents/long-range-property-management-plan-lrpmp/ Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 24 – 4 9/17/2024 Resolution No. 2024-XXX Page 1 of 3 Resolution No: 2024-XXX A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY BE IT RESOLVED BY THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real propertie s, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to th e parking lot. The Successor Agency and the successive owners of the Property are bound by this Property Maintenance License and Revocable Access Easement Agreement. EXHIBIT 1 City Council 24 – 5 9/17/2024 Resolution No. 2024-XXX Page 2 of 3 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the property to the City for the appraised market value. H. The Property is (i) not within a coastal zone, (ii) not adjacent to a historical unit of the State Parks System, (iii) not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and (iv) not within the Lake Tahoe region as defined in section 66905.5. I. The Successor Agency now desires to declare the Property as exempt surplus land in order to authorize the sale to the City for its use. Section 2. The Successor Agency hereby finds and declares the Property exempt surplus land pursuant to California Government Code section 54221(f)(1)(D), based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The Successor Agency hereby authorizes the City Manager to execute any and all documents necessary to complete sale of the Property to the City. Section 4. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 5. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Secretary of the Successor Agency shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 1 City Council 24 – 6 9/17/2024 Resolution No. 2024-XXX Page 3 of 3 AYES: Successor Agency Members NOES: Successor Agency Members ABSTAIN: Successor Agency Members NOT PRESENT: Successor Agency Members _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, Secretary of the Successor Agency, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ Successor Agency Secretary EXHIBIT 1 City Council 24 – 7 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 Resolution No: 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real properties, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to the parking lot. The Successor Agency and the successive owners of the Property are bound by this Property Maintenance License and Revocable Access Easement Agreement. EXHIBIT 2 City Council 24 – 8 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the Property to the City for the appraised market value. H. In furtherance of its wind-down of the Former Agency’s affairs, the Successor Agency desires to transfer the Property to the City pursuant to HSC section 34181(a). I. The City and the Successor Agency have reviewed the fair market value of the Property and have concluded that the value of the Property is consistent with the purchase price as set forth in the draft “Purchase and Sale Agreement” in the form submitted to the City and Successor Agency concurrently herewith (the “Agreement”). J. The fair market value and purchase price was established as $190,000 by an appraisal conducted on October 3, 2023. K. A joint public hearing of the Successor Agency and City Council on the proposed Agreement was duly noticed in accordance with HSC section 33431. L. On September 17, 2024, the governing board of the Successor Agency and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Successor Agency reviewed and evaluated all the information, testimony, and evidence presented during the joint public hearing. M. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. N. The City Council has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. O. The City Council has considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Property pursuant to the Agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local laws and requirements. Section 2. The City Council hereby finds and determines that the disposition by sale of the Property by the Successor Agency to the City pursuant to the Agreement will further the achievement of the City’s public purposes of providing parking in the City of Santa Ana pursuant to the Parking Space Agreement and Property Maintenance License and Revocable Access Easement Agreement. Section 3. The City Council finds and determines that, based upon substantial evidence provided in the record, the consideration for the Successor Agency’s sale of the Property to the City pursuant to the terms and conditions of the Agree ment is not less than the fair market value of the Property. Section 4. The City Council hereby approves the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager, or designee. The City Manager is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf EXHIBIT 2 City Council 24 – 9 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 of the City, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the City, be placed on file in the Office of the City Clerk. Section 5. The City Manager, or designee, is hereby authorized, on behalf of the City, to make revisions to the Agreement that do not materially or substantially increase the City’s obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 6. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 2 City Council 24 – 10 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ City Clerk City of Santa Ana EXHIBIT 2 City Council 24 – 11 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 Resolution No: 2024-XXX A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT BE IT RESOLVED BY THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real properties, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to the parking lot. The Successor Agency and the successive owners of the Property a re bound by this Property Maintenance License and Revocable Access Easement Agreement . EXHIBIT 3 City Council 24 – 12 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the Property to the City for the appraised market value. H. In furtherance of its wind-down of the Former Agency’s affairs, the Successor Agency desires to transfer the Property to the City pursuant to HSC section 34181(a). I. The City and the Successor Agency have reviewed the fair market value of the Property and have concluded that the value of the Property is consistent with the purchase price as set forth in the draft “Purchase and Sale Agreement” in the form submitted to the City and Successor Agency concurrently herewith (the “Agreement”). J. The fair market value and purchase price was established as $190,000 by an appraisal conducted on October 3, 2023. K. A joint public hearing of the Successor Agency and City Council on the proposed Agreement was duly noticed in accordance with HSC section 33431. L. On September 17, 2024, the governing board of the Successor Agency and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Successor Agency reviewed and evaluated all the information, testimony, and evidence presented during the joint public hearing. M. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. N. The Successor Agency has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. O. The Successor Agency has considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Property pursuant to the Agreement complies with the Oversight Board’s direction to dispose of all assets and properties of the Former Agency pursuant to HSC section 34181(a), and in accord with the public purposes and provisions of applicable State and local laws and requirements. Section 2. The Successor Agency hereby finds and determines that the disposition by sale of the Property by the Successor Agency to the City pursuant to the Agreement will further the achievement of the Successor Agency’s purpose of winding down the Former Agency’s affairs in compliance with the Oversight Board’s direction to dispose of all assets and properties of the Former Agency pursuant to HSC section 34181(a). Section 3. The Successor Agency finds and determines that, based upon substantial evidence provided in the record, the consideration for the Successor Agency’s sale of the Property to the City pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Property. Section 4. The Successor Agency hereby approves the Agreement in substantially the form presented to the Successor Agency, subject to such revisions as EXHIBIT 3 City Council 24 – 13 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 may be made by the Executive Director of the Successor Agency, or designee. The Executive Director of the Successor Agency is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the Successor Agency, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the Successor Agency, be placed on file in the Office of the Secretary of the Successor Agency. Section 5. The Executive Director of the Successor Agency, or designee, is hereby authorized, on behalf of the Successor Agency, to make revisions to the Agreement that do not materially or substantially increase the Successor Agency’s obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Successor Agency’s obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 6. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 7. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Secretary of the Successor Agency shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 3 City Council 24 – 14 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 AYES: Successor Agency Members NOES: Successor Agency Members ABSTAIN: Successor Agency Members NOT PRESENT: Successor Agency Members _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, Secretary of the Successor Agency, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ Successor Agency Secretary EXHIBIT 3 City Council 24 – 15 9/17/2024 PURCHASE AND SALE AGREEMENT SELLER: Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana BUYER: City of Santa Ana DATED: January 30, 2025 (3rd Street and Main Street, parking lot, APN 398-601-02) EXHIBIT 4 City Council 24 – 16 9/17/2024 BASIC TERMS Buyer: City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California Buyer’s Address: City of Santa Ana Attention: City Clerk 20 Civic Center Plaza Santa Ana, CA 92701 Tel. (714) 647-6520 Closing Date (or Closing) Estimated to occur by March 13, 2025, but not later than the Outside Date Contingency Date: Sixty (60) days after the Effective Date Deed: A grant deed in the form of Exhibit B hereto Effective Date: January 30, 2025 Outside Date: 60 days after Oversight Board and Department of Finance Approval Oversight Board: The Oversight Board to the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana approval is a condition of closing, Health and Safety Code §34181(a)(1). Purchase Price: One-Hundred and Ninety Thousand Dollars ($190,000) Real Property: That property described in Exhibit A hereto; the parking lot at 3rd Street and Main Street, Santa Ana, California, APN 398-601-02 Seller: City as Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana Seller’s Address: 20 Civic Center Plaza Santa Ana, California 92701 Attention: Director of Community Development Agency Tel. (714) 647-5360 Title Company: First American Title Insurance Company 5 First American Way Santa Ana, CA 92707 Tel: (714) ___-____ Attention: ________________, _______________ (direct: (714) ___-____; email: ___________@firstam.com) (or another title insurer mutually acceptable to Buyer and Seller) EXHIBIT 4 City Council 24 – 17 9/17/2024 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between Seller and Buyer. RECITALS A. Seller is the fee owner of that real property which is legally described on Exhibit A attached hereto and made a part hereof (the “Real Property”). The Real Property is the improved parking lot located at 3rd Street and Main Street, APN 398-601-02. B. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: (a) The fee interest in the Real Property to be conveyed by the Deed (defined in Section 8(a) below); (b) All rights, privileges, easements, licenses and interests appurtenant to the Real Property. Such rights shall be deemed to include, without limitation, all royalties, minerals, oil and gas rights and profits, water and water rights (whether or not appurtenant) owned by Seller; and (c) All personal property, equipment, supplies, and fixtures owned by Seller and located at the Real Property; and (d) All of Seller’s interest under contracts, leases, licenses, easements and other agreements associated with the Real Property, subject to a power of termination as set forth in the Deed. 2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price of One-Hundred and Ninety Thousand Dollars ($190,000) for the Real Property. 3. Closing without Escrow. (a) Closing without use of Escrow. At the election of Seller, the parties will effect the conveyance of the Property and payment of the Purchase Price without use of an escrow holder provided that: (i) Seller confirms to Buyer that Seller agrees that the Deed may be recorded among the official records of the County Recorder of the County of Orange after Buyer confirms to Seller that Buyer holds moneys equal to the Purchase Price and will transfer such moneys to City within one (1) business day after the Deed is recorded, and (ii) Seller c onfirms to Buyer that the Title Company EXHIBIT 4 City Council 24 – 18 9/17/2024 2 has committed to issue the “Buyer’s Title Policy” (as described in Section 6 hereof) in a form and subject only to exceptions that are acceptable to Buyer. (b) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering w ritten notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. 4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property Documents”): (a) Copies of tax bills. (b) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement. 5. Buyer’s Right of Entry. From and after the Effective Date through the earlier to occur of the termination of this Agreement or the Closing, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigat ion, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall be provided a copy of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results. Buyer shall bear all costs, if any, associated with restoring the Real Property to the condition prior to its testing by or on behalf of Buyer if requested to so do by Seller. (b) No Warranties as To the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of EXHIBIT 4 City Council 24 – 19 9/17/2024 3 Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Real Property. Such precautions shall include compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property (“Governmental Requirements”) with respect to “Hazardous Materials”, as defined below. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 78075 of the California Health and Safety Code, Division 45, Part 2, Chapter 1 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyl s, (viii) defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4.5, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq. 6. Buyer’s Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer’s obligation to consummate the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only. (i) Title Review. Within ten (10) calendar days after the Date of Agreement, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Report shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by EXHIBIT 4 City Council 24 – 20 9/17/2024 4 Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a CLTA owner’s policy of title insurance (“Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a CLTA policy; provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. (iii) Physical and Legal Inspections and Studies. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (iv) Property and Formation Documents. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (v) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below. (vi) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and corr ect as of the date made and as of the Closing. (vii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (viii) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (ix) Oversight Board and Department of Finance (“DOF”) Approval. The Oversight Board and, if required as a condition of the issuance of title insurance or by either party hereto, approval by DOF, shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement. EXHIBIT 4 City Council 24 – 21 9/17/2024 5 (b) Termination Right. Should any of Buyer’s Contingencies not be met by the Outside Date, and Buyer so informs Seller, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If Buyer has neither terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Contingency Date as to the items set forth in Sections 6(a)(i)-(v) inclusive, nor provided a written satisfaction or waiver notice to Seller of each Buyer’s Contingency to be satisfied as of the Contingency Date, then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as to the items set forth in Sections 6(a)(vi)-(viii) inclusive, prior to the Closing, such Buyer’s Contingencies shall be deemed to have been satisfied. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Excep tion. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (“Seller’s Contingencies”), which are for Seller’s benefit only: (a) Completion of Title Review. Seller shall have received written confirmation from Buyer that Buyer has completed its review of title and that the condition of title is satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the conditi on of the Real Property. (c) Oversight Board and, if applicable, DOF Approval. The approval by the Oversight Board and DOF shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement, and, if required as a matter o f law or as a condition by the Title Company as a condition of the Title Company issuing its policy of title insurance, DOF approval. EXHIBIT 4 City Council 24 – 22 9/17/2024 6 (d) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer that Buyer has approved a pro forma title policy. (e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9, below. Should any of Buyer’s Contingencies not be met by the Outside Date and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any title or other cancellation fees shall be paid by Buyer. 8. Seller’s Deliveries to Buyer. (a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Buyer the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”): (i) Deed. The Grant Deed in the form attached hereto as Exhibit B (the “Deed”). (ii) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy. (iii) Authority. Such proof of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company. (iv) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Buyer, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Se ller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 9. Buyer’s Deliveries to Seller. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Seller the following, each duly executed and acknowledged by Buyer, as appropriate (“Buyer’s Delivered Items”): (a) Purchase Price. The Purchase Price, together with additional funds necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. EXHIBIT 4 City Council 24 – 23 9/17/2024 7 (b) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (c) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 10. Costs and Expenses. (a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; and (iii) costs, if any, allocable to Seller under this Agreement (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) Buyer’s share of prorations, (ii) the premium for an owner’s policy of title insurance which, at the election of Buyer, will be an ALTA owner’s extended coverage policy of title insurance and the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iii) documentary recording fees, if any; (iv) documentary transfer tax, if any; and (v) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). Since Buyer and Seller elected to close without use of escrow pursuant to Section 3(b) hereof, Buyer and Seller shall make the prorations described in this subsection (b). Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Real Property to t he Buyer. 11. Prorations; Withholding. (a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “P roration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed EXHIBIT 4 City Council 24 – 24 9/17/2024 8 by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. 12. Closing Procedure. When the Title Company is ready to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Seller, Seller shall immediately close Escrow in the manner and order provided below. (a) Recording. Seller shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds. Seller shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (as provided herein) shall be distributed via account transfers to Seller. Seller shall request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances. (c) Documents to Seller. Seller shall receive a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Orange, and a copy of each other document (or copies thereof) provided by Buyer pursuant hereto. (d) Documents to Buyer. Seller shall deliver to Buyer the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of Orange, and each other document (or copies thereof) deposited by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Seller shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. (f) Informational Reports. Seller shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (g) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. EXHIBIT 4 City Council 24 – 25 9/17/2024 9 13. Representations and Warranties. (a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, S eller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing; provided that each of the representations and warranties of Seller is based upon the information and belief of the Executive Director of the Seller: (i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated, subject to the approval of the Oversight Board and, as may be applicable, DOF. (ii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwi se) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, the individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property. (viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. EXHIBIT 4 City Council 24 – 26 9/17/2024 10 (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing, except those already disclosed to Buyer pursuant to the Long Range Property Management Plan via Oversight Board Resolution No. 2015-04 dated September 29, 2015 and the CBRE Appraisal Report dated October 3, 2023. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing: (i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. EXHIBIT 4 City Council 24 – 27 9/17/2024 11 (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, pa rtnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound. (d) Subsequent Changes to Buyer’s Representations and Warranties . If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. 14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. 15. Surplus Lands Act. The Real Property is considered exempt surplus land under the Surplus Lands Act, pursuant to Government Code Section 54221(f)(1)(D) and Resolution No 2024- _______, as it is surplus land that a local agency is transfer ring to another local agency for the receiving agency’s use. 16. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personall y delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective EXHIBIT 4 City Council 24 – 28 9/17/2024 12 counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (c) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any bre ach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No wa iver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (d) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (e) Time. Time is of the essence of every provision h erein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, City closure, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, City closure, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (f) Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. An electronic signature shall be deemed an original signature. (g) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (h) No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. EXHIBIT 4 City Council 24 – 29 9/17/2024 13 (i) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (j) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (k) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California, with venue in Orange County. (l) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (m) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matt er hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (n) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (o) Assignment. This Agreement may not be assigned without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. [signatures begin on the following page] EXHIBIT 4 City Council 24 – 30 9/17/2024 City Council 24 – 31 9/17/2024 A-1 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Orange, described as follows: Lot 4 of Tract Map 16217, in the City of Santa Ana, County of Orange, State of California, filed in Book 833, Pages 48 through 50, inclusive of Maps, in the Office of the County Recorder of Orange County, California. APN: 398-601-02 EXHIBIT 4 City Council 24 – 32 9/17/2024 B-1 EXHIBIT B DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: _________________ APN: 398-601-02 [Space above for recorder.] EXEMPT FROM PAYMENT OF DOCUMENTARY TRANSFER TAX (TRANSFER BETWEEN PUBLIC AGENCIES) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana (“Grantor”), hereby grants to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California, that certain real property located in the County of Orange, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easement s, restrictions and covenants of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2024. SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By: Name: _______________ Its: Executive Director EXHIBIT 4 City Council 24 – 33 9/17/2024 Attachment No. 1 to Exhibit B ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION The land referred to herein is situated i n the State of California, County of Orange, described as follows: Lot 4 of Tract No. 16217, as shown on a Map files in Book 833, Pages 48, 49, and 50 of Miscellaneous Maps, records of Orange County, California. APN: 398-601-02 EXHIBIT 4 City Council 24 – 34 9/17/2024 Certificate of Acceptance CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed under the foregoing Grant Deed by the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California (“City”) as to the following property: Real property in the City of Santa Ana, County of Orange, State of California, described as follows: Lot 4 of Tract No. 16217, as shown on a Map files in Book 833, Pages 48, 49, and 50 of Miscellaneous Maps, records of Orange County, California. APN: 398-601-02 is hereby accepted by the City Manager of the City on behalf of the City pursuant to authority conferred by action of the City Council of the City by Resolution No. _____________ of the City Council, and the City as grantee consents to recordation thereof by its duly authorized officer. CITY OF SANTA ANA Alvaro Nuñez Acting City Manager ATTEST: City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 4 City Council 24 – 35 9/17/2024 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent frau dulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ___________________________________________________________ Title(s) ___________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other:_____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Number Of Pages ___________________________________________________________ Date Of Documents ___________________________________________________________ Signer(s) Other Than Named Above EXHIBIT 4 City Council 24 – 36 9/17/2024 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ___________________________________________________________ Title(s) ___________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other:_____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Number Of Pages ___________________________________________________________ Date Of Documents ___________________________________________________________ Signer(s) Other Than Named Above EXHIBIT 4 City Council 24 – 37 9/17/2024 C-1 EXHIBIT 4 City Council 24 – 38 9/17/2024 SUMMARY REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 ON A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SANTA ANA AND CITY OF SANTA ANA AS SUCCESSOR AGENCY The California Health and Safety Code (HSC) Section 33433 requires that successor agencies provide a detailed summary report when disposing of property. Compliant with HSC Section 33433, this summary report (Summary Report) outlines the essential aspects of the proposed Purchase and Sale Agreement dated June 18, 2024 (Purchase and Sale Agreement) between the Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) and the City of Santa Ana (City). The Purchase and Sale Agreement entails the City's acquisition of a parcel situated at the southwest corner of Main Street and Third Street (See Table 1) from the Successor Agency. The Property, presently serving as a 60-space parking lot, will maintain its current use for parking, with the potential for future development dedicated to public benefit purposes. Table 1: Parcel Information Attribute Description Location Southwest Corner of Main Street and Third Street APN 398-601-02 Acquisition Date March 19, 1986 Current Use 60-space parking lot Planned Use Continued parking with potential future public benefit development Purchase Price $190,000 plus closing costs Square Footage 27,830 sq. ft. / 0.64 ac. BACKGROUND In 1973, the City enacted an ordinance to establish the Santa Ana Community Redevelopment Agency (RDA). Over the years, the RDA implemented numerous projects EXHIBIT 5 City Council 24 – 39 9/17/2024 aimed at eliminating blight, promoting economic growth, funding the construction of affordable housing, and improving infrastructure and community facilities within designated project areas. During this process, the RDA acquired various properties for future development. One such property acquired by the RDA is a parcel situated at the southwest corner of Main Street and Third Street (Property), also identified as Assessor Parcel Number: 398- 601-02. The RDA acquired the Property on March 19, 1986 from Universal Terminals, Inc. as part of the efforts to develop the Central City Redevelopment Project Area with the intention to use the Property for future development projects that would support the overall redevelopment goals of the area, including enhancing public infrastructure and facilitating economic growth. The Property was also critical to provide parking and pedestrian access for the Builders Exchange Building (listed as Landmark - No. 136 on the Santa Ana Register of Historic Properties). Builders Exchange Building and Parking Lease Agreement The Builders Exchange Building, located at 200 N. Main Street, is adjacent to the Property and is historically significant within the Central City Redevelopment Project Area. On February 7, 1982, the RDA approved a $44,711 deferred loan to Builders Exchange Associates (BEA) to cover soft costs for the rehabilitation of the Builders Exchange Building. On February 21, 1986, the RDA extended the repayment period by an additional year due to insufficient lease income to meet debt service obligations. Subsequently, on March 15, 1988, the BEA refinanced the debt and on May 18, 1993, the RDA approved a loan modification agreement with BEA, waiving previous defaults and executing a new promissory note. Concurrently, the RDA entered into a parking lease agreement (Parking Lease Agreement) with Barco Parking Association, a partnership comprising some owners of the Builders Exchange Building. The Parking Lease Agreement, dated May 18, 1993, assured the future availability of 60 parking spaces on the Property exclusively for the use of BEA and its agents, employees, and invitees. Redevelopment Dissolution On February 1, 2012, the RDA was dissolved in accordance with the Dissolution Act, which required the RDA to transfer all its assets to a successor agency. Consequently, the former RDA transferred all its assets to the Housing Authority of the City of Santa Ana (Housing Authority), who assumed the role of the Successor Agency. Under the Dissolution Act, as amended by Assembly Bill (AB) 1484, the Housing Authority now serves as the Successor Agency, tasked with managing the enforceable obligations of the former RDA and overseeing the unwinding of its affairs. As such, the Successor Agency, an independent legal entity, is the current owner of the Property and is bound by the Parking Lease Agreement. EXHIBIT 5 City Council 24 – 40 9/17/2024 Prior to the enactment of AB 1484, the Oversight Board of the Successor Agency (Oversight Board) adopted Resolution 2012-09 and directed the Successor Agency to take certain actions related to the inventory of property. Those properties identified as having a governmental purpose/use were approved to be transferred to the City. The Property was identified as a property subject to an enforceable obligation that could be transferred to the City. Maintenance-Access Agreement Following Redevelopment Dissolution, in addition to the Parking Lease Agreement, the Successor Agency entered into a property maintenance license and revocable access easement agreement (Maintenance-Access Agreement) with the current owner of the Builders Exchange Building, Swinerton, on October 11, 2019. The Maintenance-Access Agreement was initially for a three-year period, with automatic annual renewals to allow ingress and egress to the parking lot and access to the Builders Exchange Building. Property Disposition HSC Section 34181 mandates that successor agencies dispose of all assets and properties of their respective redevelopment agencies. In accordance with HSC Section 34181, and with the aim of upholding the Parking Lease Agreement and the Maintenance- Access Agreement, the Successor Agency and the City, as two separate legal entities, are collaborating to transfer ownership of the Property from the Successor Agency to the City through a market rate purchase of $190,000 (Purchase Price). This Purchase Price was established by an appraisal conducted on September 11, 2023 (Appraisal). This transfer will enable the Successor Agency to dispose of the Property while ensuring compliance with the Parking Lease and Maintenance-Access Agreements. REPORTING REQUIREMENTS Due to the funding sources used for its acquisition, as well as the former RDA’s ownership of the Property, the proposed conveyance of the Property to the City is subject to the reporting requirements imposed by Section 33433. Specifically, Section 33433 requires the Successor Agency to prepare a report that summarizes the financial terms associated with the disposition transaction for the Property. This Summary Report fulfills the reporting requirements of HSC Section 33433 and is organized into the following sections: I. Salient Points of the Purchase and Sale Agreement. This is a summary of the major responsibilities imposed on the City by the Purchase and Sale Agreement. II. Cost of the Purchase and Sale Agreement to the City. This includes the total cost to the Successor Agency and City associated with executing the Purchase and Sale Agreement (land acquisition costs, clearance costs, relocation costs, improvement costs, and expected interest on any loans or bonds to finance the agreements). EXHIBIT 5 City Council 24 – 41 9/17/2024 III. Estimated Highest Use Value of the Interests to be Conveyed. This estimates the values of the interests to be conveyed or leased, determined at the highest uses permitted under the requirements imposed by the zoning in place at the Property. IV. Estimated Reuse Value of the Interests to be Conveyed. This is a summary of the valuation estimate for the Property, based on the required scope of development and the other conditions and covenants required by the Purchase and Sale Agreement. If the sale price or total rental amount is lower than the fair market value determined at the highest and best use consistent with the redevelopment plan, the agency must explain the reasons for this difference as part of this Summary Report. V. Consideration Received and Comparison with the Established Value. This section describes the compensation to be received by the Agency, and explains any difference between the compensation to be received and the established value of the Property. VI. Blight Elimination. This is a description of the existing blighting conditions on the Property and a description of how the Purchase and Sale Agreement will assist in alleviating the blighting influence. VII. Conformance with the AB1290 Implementation Plan. This is a description of how the Purchase and Sale Agreement achieves goals identified in the Successor Agency’s adopted AB1290 Implementation Plan. Furthermore, pursuant with HSC Section 33433, this Summary Report was published in the Orange County Register once a week for two consecutive weeks on August 30, 2024, and September 9, 2024, once a week for two consecutive weeks. I. SALIENT POINTS OF THE PURCHASE AND SALE AGREEMENT Property Description The following describes the Property, existing enforceable obligations, and potential future uses: 1. The Property is currently improved with a 60-space parking lot, landscaping, decorative cinder block columns, and wrought iron fencing (See Table 1). 2. The Property is subject to a Parking Lease Agreement dated May 18, 1993 between the former RDA and BEA, which assures the availability of 60 parking spaces to serve the Builders Exchange Building. 3. The Property is also subject to a Maintenance-Access Agreement dated October 11, 2019 between the Successor Agency and Swinerton, which allows ingress and egress to the parking lot and access to the Builders Exchange Building. 4. The Property will remain as a parking lot, but may be developed for other public benefit purposes in the future. EXHIBIT 5 City Council 24 – 42 9/17/2024 City Responsibilities The following describes the responsibilities that the City will take on 1. Purchase and Sale: The City agrees to purchase the Property for $190,000, including fee interest, rights, privileges, easements, licenses, and interests related to the Property, all personal property, equipment, supplies, fixtures, and Successor Agency’s interest under contracts, leases, licenses, easements, and other agreements. 2. Payment of Consideration: The City shall pay the Purchase Price at the date the deed is recorded (Closing Date). 3. Closing without Escrow: At the election of the Successor Agency, the City shall transfer funds to the Successor Agency within one business day after the deed is recorded if the Successor Agency elects to proceed without an escrow holder. 4. Right of Entry: The City and its representatives shall have the right to enter the Property for inspections and tests from the effective date, as defined by the Purchase and Sale Agreement (Effective Date), through the Closing Date, with reasonable prior notice to the Successor Agency. 5. Investigation of the Real Property: The City shall have the right to engage an environmental consultant for necessary investigations. If the City determines not to proceed with the purchase based on these investigations, it may cancel the Purchase and Sale Agreement before the contingency date, as defined by the Purchase and Sale Agreement (Contingency Date), and provide written notice of termination to the Successor Agency. The City shall provide all reports and test results to the Successor Agency and bear any costs associated with restoring the Property to its original condition if the Property is disturbed by the environmental testing, and if requested by the Successor Agency. 6. Condition of Property: The City shall accept the property in "as is" condition, with no warranties from the Successor Agency regarding its physical condition, presence of hazardous materials, or suitability for development purposes. 7. Environmental Precautions: Post-closing, the City shall take all necessary precautions to prevent the release of hazardous materials from the Property and comply with all relevant governmental requirements. 8. Buyer’s Title Policy: The City shall obtain a CLTA owner’s policy of title insurance (Title Policy) in the amount of the Purchase Price, showing fee title to the Property vested solely in the City, subject to standard exceptions, liens for taxes not yet delinquent, matters created by or with the City’s consent, and matters approved in writing by the City. The City may obtain extended coverage at its own cost if desired. 9. Physical and Legal Inspections and Studies: The City shall approve or disapprove matters of title disclosed in the preliminary title report, exceptions, legal EXHIBIT 5 City Council 24 – 43 9/17/2024 description, and any survey obtained. The City must provide written approval of title matters by the Contingency Date. 10. Termination Right: The City has the right to terminate the Purchase and Sale Agreement if its contingencies are not met within 60 days of Oversight Board and Department of Finance (DOF) approval (Outside Date), as long as the City informs the Successor Agency through a termination notice (Termination Notice) and pays any relevant fees. 11. Seller’s Conditions: The City shall provide written confirmation to the Successor Agency that it has completed its review of the title and the condition of the property, including hazardous materials, zoning, and suitability. Additionally, the City shall ensure that the Oversight Board and DOF approvals are obtained, confirm approval of the Title Policy, and deliver all necessary documents by the agreed dates. If any contingencies are not met by the Outside Date, the Seller may terminate the Agreement, and the City shall be responsible for any title or cancellation fees unless the Seller is in default. 12. Buyer’s Deliveries to Seller: At least one business day prior to the Closing Date, the City shall deposit with the Successor Agency the Purchase Price, together with additional funds necessary to pay the City’s closing costs, proof of the City’s authority and authorization to enter into the Purchase and Sale Agreement and complete the transaction, and any other documents or items reasonably required to close the transaction as determined by the title company, as defined by the Purchase and Sale Agreement (Title Company). 13. Costs and Expenses: The City shall bear its respective costs related to the transaction, including proration of revenues and expenses associated with the Property. 14. Prorations and Withholding: The City shall prorate all revenues and expenses related to the Property as of the Closing Date, with any delinquent taxes to be settled by the Successor Agency. Successor Agency Responsibilities 1. Purchase and Sale: The Successor Agency agrees to sell the Real Property to the City for $190,000. 2. Closing without Escrow: If the Successor Agency elects to proceed without an escrow holder, the Successor Agency shall confirm that the deed can be recorded and that the Title Company, will issue the City’s Title Policy, subject to acceptable exceptions. 3. Delivery of Real Property and Formation Documents: The Successor Agency shall provide necessary documents, including tax bills, proof of authority, and other relevant property documents within 10 days after the Effective Date. EXHIBIT 5 City Council 24 – 44 9/17/2024 4. Closing Conditions: The Successor Agency shall satisfy various conditions, including title review, environmental approval, document delivery, and issuance of a title policy. 5. Title Review: The Successor Agency shall cause the Title Company to deliver a preliminary title report to the City within 10 days after the Purchase and Sale Agreement date, at the Successor Agency’s cost. The Successor Agency shall provide indemnity for the Title Company to offer a mechanics’ lien endorsement. 6. Cure Right: If the City provides a Termination Notice, the Successor Agency has five (5) business days to 1) remove or address any disapproved or conditionally approved exceptions, or 2) provide satisfactory assurances to the City that such exceptions will be resolved by the Closing Date. 7. Seller's Deliveries to Buyer: At least one (1) business day prior to the Closing Date, the Successor Agency shall deposit with the City the Grant Deed, possession of the Property free of any tenancies, proof of the Successor Agency’s authority and authorization to consummate the transaction, and any other documents or items reasonably required to close the transaction as determined by the Title Company. If these items are not delivered timely, the City may terminate the Purchase and Sale Agreement, unless the Successor Agency delivers the items within five business days of receiving the City's notice. 8. Costs and Expenses: The Successor Agency shall bear its respective costs related to the transaction, including proration of revenues and expenses associated with the Property. II. COST OF THE AGREEMENT TO THE CITY The total cost to the City for the acquisition of the Property is detailed as follows: 1. Purchase Price: The City shall pay the Successor Agency a purchase price of $190,000 for the Real Property, as determined by the Appraisal. This amount represents the fair market value of the property under its current use as a parking lot. 2. Property Acquisition Costs (Previously-Incurred Cost): After Redevelopment Dissolution, the Property was transferred via quitclaim deed from the City to the Successor Agency at no cost. The Successor Agency is now responsible for managing its disposition. 3. Closing Costs and Expenses: There will be no additional closing costs incurred by the City for the Property acquisition. 4. Total Estimated Costs: As shown in Table 2, the City will incur a total cost of $190,000 for the Property acquisition, while the Successor Agency will receive $190,000 from the sale of the Property. EXHIBIT 5 City Council 24 – 45 9/17/2024 Table 2: Total Estimated Costs Cost Successor Agency/RDA City Purchase Price ($190,000) $190,000 Property Acquisition Costs $0 - Closing Costs and Expenses $0 $0 Total Estimated Costs ($190,000) $190,000 These estimated costs provide a comprehensive view of the financial obligations the City will incur to complete the acquisition of the Property. The City has allocated funds in the amount of $190,000 for the purchase price plus closing costs in the CDA – Service Enhancement account (no. 0111817-66100) for expenditure in FY 2024-25. Upon approval by the Oversight Board and DOF, and completion of the transaction, $190,000 in proceeds from the sale will be deposited in the Redevelopment Obligation Retirement Funds Revenue account (no. 67018002-57071) and payment to the County of Orange, Auditor-Controller will be made from expenditure account (no. 67018850-69142). III. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AT THE HIGHEST USES PERMITTED UNDER THE REDEVELOPMENT PLAN HSC Section 33433 requires the Successor Agency to determine and report the market value of the Property based on the most advantageous or profitable use allowed by the current zoning regulations applicable to the Property. The valuation must assume that the property is vacant and that immediate development is required, without considering any special restrictions or conditions that could be imposed by the City in the future. The Property is currently zoned Specific Development (SD-84), which allows for numerous commercial, office, and retail uses. The Property is subject to the Parking Lease Agreement dated May 18, 1993, ensuring the future availability of 60 parking spaces exclusively for the Builders Exchange Building. In the Appraisal, the highest and best use of the Property was determined as follows: As Vacant • Legal Permissibility: The Property is zoned Specific Development – (SD-84), which permits a variety of commercial, office, and retail uses. The existing Parking Lease Agreement ensures the availability of 60 parking spaces for the Builders Exchange Building. • Physical Possibility: The Property’s physical characteristics and the availability of utilities make it suitable for the allowed uses under its current zoning. EXHIBIT 5 City Council 24 – 46 9/17/2024 • Financial Feasibility: Given the current market conditions and the existing Parking Lease Agreement, holding the property for future development is financially viable. • Maximum Productivity: Based on market and neighborhood analysis, the highest and best use of the Property, if vacant, would be for future redevelopment, including the provision of 60 additional parking spaces as required by the Parking Lease Agreement. As Improved • The Property is currently utilized as a parking lot for the adjacent office building. Most Probable Buyer • The most likely buyer would be a government agency or local developer capable of developing the Property under a joint development scenario. Based on the Appraisal, the fair market value of the Property, considering its highest and best use, is $190,000. Therefore, the estimated fair market value of the interest to be conveyed at the highest use permitted under the zoning in place for the Property is approximately $190,000. IV. ESTIMATED REUSE VALUE OF THE INTERESTS TO BE CONVEYED HSC Section 33433 also requires the Successor Agency to determine the Property’s reuse value, which reflects the Property’s worth when considering any specific requirements, conditions, and covenants that will apply to its use after it has been transferred to a new owner. This could include any legal restrictions, zoning requirements, agreements, or other factors that might affect how the Property can be used or developed in the future. The reuse value of the Property was also appraised by CBRE, Inc., taking into consideration the development conditions and covenants required by the Purchase & Sale Agreement. The Property is currently improved as a parking lot and will remain so until future development opportunities arise that comply with public benefit purposes. Reuse Value Calculation Table 3: Reuse Value with Conditions and Covenants Total Concluded Land Value $1,390,000 Less: $20,000/space * 60 spaces ($1,200,000) Total As Is Value $190,000 EXHIBIT 5 City Council 24 – 47 9/17/2024 This valuation aligns with the agreed sale price of $190,000, as established through the Appraisal. The Appraisal confirmed that the Property’s value under its current use and conditions is appropriate and reflective of the market conditions as of the date of the Appraisal. The final estimated reuse value underscores the impact of the existing Parking Lease Agreement, which significantly influences the Property's marketability and development potential. The planned transfer of the property at this value ensures compliance with the legal and financial obligations tied to the Property while facilitating its continued use for public benefit. V. CONSIDERATION RECEIVED AND COMPARISON WITH THE ESTABLISHED VALUE HSC Section 33433 requires the Successor Agency to disclose the value of the Property and ensure that it receives fair market value. This includes comparing the sale price with the highest use value allowed under current zoning and considering any conditions that affect the Property’s use after the sale. Purchase Price The purchase price of the Property is $190,000, as determined by the conducted by CBRE, Inc. on September 11, 2023. This price reflects the fair market value of the Property in its current use as a parking lot. Appraised Value The highest and best use analysis conducted by CBRE, Inc. considered the legal, physical, financial, and maximum productivity aspects of the Property. They concluded that the fair market value of the Property, under its current zoning (Specific Development – SD-84) and considering the Parking Lease Agreement dated May 18, 1993, which mandates 60 parking spaces for the Builders Exchange Building, is $190,000. This valuation is based on the assumption that the Property is vacant and available for immediate development without considering any extraordinary use restrictions. Reuse Value The estimated reuse value of the Property takes into account specific requirements, conditions, and covenants governing its use post-conveyance. The primary covenant affecting the reuse value is the Parking Lease Agreement, which requires the provision of 60 parking spaces for the Builders Exchange Building. Despite this condition, the reuse value aligns with the appraised value, establishing the Property’s worth at $190,000. EXHIBIT 5 City Council 24 – 48 9/17/2024 Consideration Received by the Successor Agency Upon completion of the transaction, the Successor Agency will receive $190,000 from the City for the sale of the Property. This amount is consistent with the appraised value, ensuring that the Successor Agency receives fair market value for the property. Cost to the City The City will incur a total of $190,000 for the acquisition of the Property. There will be no additional closing costs incurred by the City for this transaction. Comparison with Established Value The transaction is structured to ensure that the Successor Agency receives a fair market value consistent with the highest and best use appraisal. The Appraisal concluded that the value of the Property, considering its legally permissible uses and existing conditions, is $190,000. The purchase price agreed upon in the Purchase and Sale Agreement is exactly $190,000, matching the appraised value. Public Benefit The acquisition of the Property by the City will ensure the continued provision of parking spaces as mandated by the Parking Lease Agreement, benefiting the adjacent office building and its users. Furthermore, holding the Property for future redevelopment can potentially lead to further public benefits through future development projects. Conclusion The consideration received by the Successor Agency and the cost incurred by the City for the acquisition of the Property are both aligned with the appraised fair market value of $190,000. This transaction not only complies with HSC Section 33433 requirements but also ensures the fulfillment of existing agreements and can support the City’s long-term development objectives. VI. BLIGHT ELIMINATION The acquisition of the Property by the City from the Successor Agency is a strategic move to support long-term blight elimination efforts in the Central City Redevelopment Project Area. The Redevelopment Five-Year Implementation Plan (July 1, 2010 - June 30, 2015) (Implementation Plan) outlines several key goals and objectives focused on the removal of blighting conditions and the promotion of redevelopment within the area. Although the City is not currently planning to develop the Property, holding it ensures compliance with the Parking Lease Agreement and positions the City to address blight effectively in the future. The following points highlight how this transaction aligns with the goals and contributes to the overall elimination of blight: EXHIBIT 5 City Council 24 – 49 9/17/2024 • Ensuring Compliance with Existing Agreements: By acquiring the Property from the Successor Agency, the City ensures compliance with the Parking Lease Agreement dated May 18, 1993, which mandates the provision of 60 parking spaces for the Builders Exchange Building. Maintaining these parking spaces supports the functionality and attractiveness of the adjacent office building, preventing the area from falling into disuse and neglect. • Positioning for Future Development: While the City is not immediately developing the Property, holding the Property allows for strategic planning and future development opportunities. This proactive approach ensures that the Property can be developed in alignment with broader redevelopment goals when the timing and circumstances are optimal. • Preventing Further Blight: By maintaining control over the Property, the City can prevent further blighting conditions from developing. The Property’s upkeep and availability for future productive use help ensure that it does not become a neglected or underutilized area that could contribute to blight. • Encouraging Private Investment: The City’s acquisition of the Property demonstrates a commitment to the area’s redevelopment, which can encourage private sector investment. Potential investors may be more inclined to invest in nearby properties, knowing that the City is actively managing key parcels for future development. • Supporting Public Infrastructure: Although immediate development is not planned, the City’s control over the Property means that future redevelopment can include necessary public infrastructure improvements. These improvements are essential for long-term blight elimination and enhancing the area’s overall appeal and functionality. • Economic Development Potential: Holding the Property allows the City to plan for future economic development projects that could create jobs and stimulate the local economy. This potential aligns with the goals of economic growth and revitalization outlined in the Redevelopment Five-Year Implementation Plan. By addressing these aspects, the acquisition of the Property from the Successor Agency significantly contributes to the elimination of blight within the Central City Redevelopment Project Area. This transaction ensures compliance with existing agreements, supports strategic planning for future development, and aligns with the goals and objectives of the Redevelopment Implementation Plan, promoting a more vibrant, safe, and economically robust community. VII. CONFORMANCE WITH THE AB1290 IMPLEMENTATION PLAN The acquisition of the Property by the City aligns with the objectives of the Implementation Plan. This transaction supports the Implementation Plan’s goals through the following ways: EXHIBIT 5 City Council 24 – 50 9/17/2024 • Blight Elimination: Acquiring and maintaining the Property helps prevent blighting conditions by ensuring it remains in use and well maintained. This proactive measure supports the physical and economic health of the area. • Promoting Future Development: While the City does not have immediate development plans, holding the Property enables strategic planning for future redevelopment. This aligns with the Implementation Plan’s goal to promote the highest and best use of available land. • Encouraging Investment: The City’s management of the Property demonstrates a commitment to redevelopment, which can attract private sector investment to the area. This aligns with the Implementation Plan’s objective of fostering economic growth through public-private partnerships. • Public Infrastructure: Future redevelopment of the Property could include public infrastructure improvements, enhancing the area’s overall appeal and functionality. This supports the Implementation Plan’s goal of improving public facilities and infrastructure. • Economic Development: The Property’s future redevelopment potential supports long-term economic development goals by creating opportunities for new businesses and jobs, stimulating the local economy. • Strategic Land Use Planning: Acquiring the Property allows the City to plan its use strategically, ensuring that any future development aligns with the community’s needs and the General Plan’s objectives. By acquiring the Property, the City aligns with the Implementation Plan’s goals, ensuring compliance with existing agreements, supporting future strategic planning, and contributing to the long-term redevelopment and revitalization of the area. This transaction promotes a vibrant, economically robust, and well-planned community. EXHIBIT 5 City Council 24 – 51 9/17/2024 Property Location: APN 398-601-02; Third and Main Street Property Use: Parking Lot Agreement for 60 Spaces Square Footage: 27,830 Property Description: Property is located on the Southwest Corner of Third Street and Main Street. The property has a property maintenance license and revocable access easement agreement which includes “exclusive access to sixty (60) parking spaces”. EXHIBIT 6 City Council 24 – 52 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: CLTA Preliminary Report Form – Modified (11/17/06)Page 1 Issuing Policies of Fidelity National Title Insurance Company Order No.: 997-30119105-B-TS4 TO: Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 ATTN: Julie Castro YOUR REFERENCE: Main Office Line: (949) 622-5000 Title Officer: Thomas Szopinski (MA) Title Officer Phone: (949) 622-4940 Title Officer Fax: Title Officer Email: TSTeam@fnf.com PROPERTY ADDRESS: Third Street and Main Street, Santa Ana, CA AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Authorized Signature EXHIBIT 7 City Council 24 – 53 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: CLTA Preliminary Report Form – Modified (11/17/06)Page 2 AMENDED PRELIMINARY REPORT EFFECTIVE DATE:June 18, 2024 at 7:30 a.m., Amended: July 10, 2024, Amendment No. B ORDER NO.: 997-30119105-B-TS4 The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF SANTA ANA as Successor Agency to the former Community Redevelopment Agency 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. EXHIBIT 7 City Council 24 – 54 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 3 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 4 OF TRACT MAP 16217, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 833, PAGES 48 THROUGH 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 398-601-02 EXHIBIT 7 City Council 24 – 55 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2024-2025. B. There were no taxes levied for the fiscal year 2023-2024 as the property was vested in a public entity. C. An assessment by the improvement district shown below: Assessment (or Bond) No: None Shown Series:None Shown District:246 For:Public facilities Bond issued:None shown Said assessment is collected with the county/city property taxes. And as disclosed by an Assessment District Map filed in Book 20, Page 43 of Assessment Maps, as Instrument No. 29827 of Official Records. Note: An instrument entitled “Notice of Assessment” recorded September 24, 1981 in Book 14232, Page 93 and re-recorded November 25, 1981 in Book 14299, Page 1435 both of Official Records. Reference is hereby made to said document for full particulars. D. An assessment by the improvement district shown below: Assessment (or Bond) No: None Shown Series:None Shown District:City of Assessment District #01 Downtown Santa Ana Community Management District For:As provided therein Bond issued:None Shown Said assessment is collected with the county/city property taxes. E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Any restrictions covering the future use of said land, as disclosed by a “Statement for a Redevelopment Project”, recorded in Book 10807, Page 9 of Official Records, covering the herein described and other land. EXHIBIT 7 City Council 24 – 56 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 5 3. Matters contained in that certain document Entitled:Parking Space Agreement Recording Date: September 14, 1993 Recording No: 93-0618149, of Official Records Reference is hereby made to said document for full particulars. Document(s) declaring modifications thereof recorded May 8, 2001 as Instrument No. 20010290580 of Official Records. 4. Matters contained in that certain document Entitled:Landlord’s Agreement Recording Date: December 5, 1995 Recording No: 19950536431, of Official Records Reference is hereby made to said document for full particulars. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Prohibiting construction of any “Buildings” purposes Affects:A portion of said land Note: Such restriction shall not prohibit the installation of lights standards, monument signs, unroofed trash enclosures, benches, or similar common area improvements which are not intended for occupancy. Any modification of said easement or said restrictions will require prior approval by the building official of the City of Santa Ana. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Ingress/Egress, drainage, parking and utility purposes Affects:A portion of said land 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Ingress/Egress, drainage and utility purposes Affects:A portion of said land 8. The reservation of an easement as shown and granted by the City of Santa Ana on the map of said tract. For: Encroachment of building lighting fixtures into the existing public right of way purposes. Over: A portion of Second Street, and Sycamore Street EXHIBIT 7 City Council 24 – 57 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 6 9. Recitals as shown on that certain Tract No. 16217 Recording No: in Book 833, Pages 48 through 50 inclusive of maps Which among other things recites: For condominium purposes. Reference is hereby made to said document for full particulars. 10. The recital on the map of said tract, Covenants, Conditions and Restrictions are to be recorded prior to the completion of construction of any buildings on the land to address ingress/egress, cross-lot drainage, utilities, emergency vehicle access, parking and maintenance for these and other incidental purposes including, but not limited to, landscaping and irrigation. 11. Matters contained in that certain document Entitled:Private Disposition and Development Agreement Recording Date: September 18, 2002 Recording No: 200202799527, of Official Records Reference is hereby made to said document for full particulars. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Adelphia Purpose:Cable television system Recording Date: February 14, 2003 Recording No: 2003000171298, of Official Records Affects:A portion of land 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Edison Company Purpose:Public utilities Recording Date: April 9, 2003 Recording No: 2003000394599, of Official Records Affects:A portion of the land 14. Matters contained in that certain document Entitled:Property Maintenance License and Revocable Access Easement Agreement Dated:October 11, 2019 Executed by:the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana and Swinerton Recording Date: October 16, 2019 Recording No: 2019000404170, of Official Records Reference is hereby made to said document for full particulars. 15. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. EXHIBIT 7 City Council 24 – 58 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 7 16. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. In order to delete the survey exception shown above, a satisfactory survey of the subject Land, which complies with the minimum standards for land surveys made for title insurance purposes, is to be furnished to the Company. The Company reserves the right to add additional items as disclosed by the survey, or make further requirements after review of the requested documentation. 17. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 18. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 19. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 20. Any claim that the transaction vesting the Title as shown in Schedule A or creating the lien of the Insured Mortgage, or any other transaction occurring on or prior to Date of Policy in which City of Santa Ana Community Redevelopment Agency or its successors transferred, acquired, or made any agreement affecting the title to or any interest in the Land, is void or voidable, or subject to termination, renegotiation, or judicial review, under California Assembly Bill 26 (Chapter 5, Statutes of 2011-12, First Extraordinary Session) and California Assembly Bill 1484 (Chapter 26, Statutes of 2011-12), as presently amended. 21. The transaction contemplated in connection with this Report is subject to the review and approval of the Company’s Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS EXHIBIT 7 City Council 24 – 59 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 8 REQUIREMENTS SECTION 1. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any form of title insurance. Governmental agency: the City of Santa Ana as Successor Agency to the former Community Redevelopment Agency 2. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 3. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS EXHIBIT 7 City Council 24 – 60 9/17/2024 CLTA Preliminary Report Form – Modified (11/17/06)Page 1 INFORMATIONAL NOTES SECTION 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner’s Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. EXHIBIT 7 City Council 24 – 61 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 INFORMATIONAL NOTES (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 2 E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 6. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Thomas Szopinski (MA)/ng EXHIBIT 7 City Council 24 – 62 9/17/2024 Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov EXHIBIT 7 City Council 24 – 63 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: Notice of Available Discounts (Rev. 04-11-24)Last Saved: July 10, 2024 by KM2 MISC0343 (DSI Rev. 04/18/24)Order No.: 30119105-997-MAT-TS4 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California CTIC – Chicago Title Insurance Company TICOR – Ticor Title Company of California LTC – Lawyer’s Title Company SLTC – ServiceLink Title Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the di saster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. MILITARY DISCOUNT RATE Upon the Company being advised in writing and prior to the closing of the transaction that an active duty, honorably separated, or retired member of the United States Military or Military Reserves or National Guard is acquiring or selling an owner occupied one-to-four family property, the selling owner or acquiring buyer, as applicable, will be entitled to a discount equal to 15% of the otherwise applicable rates such party would be charged for title insurance policies. Minimum charge: $425.00 The Company may require appropriate proof of eligibility from the parties to the transaction verifying they are entitled to the discount as described. No other discounts or special rates, or combination of discounts or special rates, shall be applicable. EXHIBIT 7 City Council 24 – 64 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 1 Order No. 30119105-997-MAT-TS4 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective July 1, 2024 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); biometric data (e.g., fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics; and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following categories of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: EXHIBIT 7 City Council 24 – 65 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 2 Order No. 30119105-997-MAT-TS4 To provide products and services to you or in connection with a transaction involving you; To improve our products and services; To prevent and detect fraud; To maintain the security of our systems, tools, accounts, and applications; To verify and authenticate identities and credentials; To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently; To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose the categories of Personal Information and Browsing Information listed above for the following purposes: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. We may disclose the categories of Personal Information and Browsing Information listed above to the following categories of third parties: EXHIBIT 7 City Council 24 – 66 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 3 Order No. 30119105-997-MAT-TS4 • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. For Texas Residents: For additional information about your Texas consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. We may disclose the categories of Personal Information and Browsing Information listed above to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. For Utah Residents: For additional information about your Utah consumer privacy rights, or to make a consumer privacy request, please call (888) 714-2710. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent to this Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue EXHIBIT 7 City Council 24 – 67 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 4 Order No. 30119105-997-MAT-TS4 Jacksonville, Florida 32204 Attn: Chief Privacy Officer EXHIBIT 7 City Council 24 – 68 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 1 Order No. : 30119105-997-MAT-TS4 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 (11-09-18) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER’S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: EXHIBIT 7 City Council 24 – 69 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 2 Order No. : 30119105-997-MAT-TS4 a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PART I 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; EXHIBIT 7 City Council 24 – 70 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 3 Order No. : 30119105-997-MAT-TS4 d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar EXHIBIT 7 City Council 24 – 71 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 4 Order No. : 30119105-997-MAT-TS4 Your Deductible Amount Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 ALTA OWNER’S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B EXHIBIT 7 City Council 24 – 72 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 5 Order No. : 30119105-997-MAT-TS4 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. EXHIBIT 7 City Council 24 – 73 9/17/2024 EXHIBIT 7 City Council 24 – 74 9/17/2024 Owner’s Declaration Printed: 6/27/2017 2:26 PM by KM2 MISC0220 (DSI Rev. 10/17/17)Page 2 Escrow No. : 30119105-997-MAT OWNER'S DECLARATION Escrow No.:30119105-997-MAT-TS4 Property Address:Third Street and Main Street Santa Ana, CA 92701 The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Third Street and Main Street, Santa Ana, CA 92701, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Third Street and Main Street, Santa Ana, CA 92701, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: ___________________________________________________________________________________ 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________. Signature:________________________________ EXHIBIT 7 City Council 24 – 75 9/17/2024 Owner’s Declaration Printed: 6/27/2017 2:26 PM by KM2 MISC0220 (DSI Rev. 10/17/17)Page 3 Escrow No. : 30119105-997-MAT EXHIBIT 7 City Council 24 – 76 9/17/2024 CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report DATE September 17, 2024 TOPIC Withdrawal of “Guidelines for filming, photography and recording of City of Santa Ana public meetings” media policy COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy DISCUSSION In early December 2023, a new policy on “Filming, photography and recording at City of Santa Ana public meetings” was implemented, heavily restricting the movement of photojournalists in the City Council chambers during public Council meetings. The policy was not brought forth for public discussion before being drafted or adopted. Later that month, the First Amendment Coalition (FAC) sent a letter to the City of Santa Ana objecting to the new policy, co-signed by the Orange County Press Club, Voice of Orange County, Los Angeles Press Club, Los Angeles Chapter of the Society of Professional Journalists, and the Industrial Workers of the World Freelance Journalists Union. In their letter, the FAC and its numerous co-signers argued that the policy “violates the Ralph M. Brown Act and threatens the ability of the press to exercise editorial discretion in covering public meetings,” urging the City to “immediately withdraw the policy and commit to adhering to the Brown Act and respecting press rights.”1 The City Attorney responded to FAC’s letter by promising revisions to the policy.2 In February 2024, a revised policy – “Guidelines for filming, photography and recording of City of Santa Ana public meetings” – was released.3 The revised media policy still heavily restricts the movement of photojournalists during public City Council meetings. It continues to require that individuals using “large” photography and recording equipment conduct their work only in “designated areas that are marked with red tape,” which are 1 “FAC, News Groups Protest Santa Ana’s Public Meeting Photography and Recording Policy,” First Amendment Coalition, Dec. 22, 2023. firstamendmentcoalition.org/2023/12/fac-news-groups-protest-santa-anas-public-meeting-photography-and- recording-policy/ 2 Ibid. 3 City of Santa Ana, Office of the City Manager, “Guidelines for filming, photography and recording of City of Santa Ana public meetings,” Feb. 20, 2024. City Council 25 – 1 9/17/2024 CITY ATTORNEY Sonia R. Carvalho ACTING CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org in the very back of the Council chambers. The “Guidelines” document does not make clear how the policy is to be enforced. The designated media area is extremely limited, and, in at least one instance, has been used by an individual for non-media purposes without repercussions.4 In addition, to date, the media policy has not been publicly discussed by the City Council nor has it been agreed upon by the Council majority. Since December 2023, the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” has been met with continued opposition from members and associations of the press. Most recently, Voice of Orange County publisher Norberto Santana, Jr. stated that the publication is “publicly protesting” the media policy and “is exploring legal options.”5 Rescinding the policy entirely would alleviate the issue and bring the City further in line with standards of local press freedoms. We are proposing that the City Council discuss and consider directing the City Manager, City Attorney, and City Clerk to rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” policy. SUBMITTED BY Councilmembers Benjamin Vazquez and Jessie Lopez 4 Ben Camacho (@bencamach0), “And then there’s SAPD that takes up this city-designated media area (red tape on floor),” X, Jan. 16, 2024, 7:58 pm, https://x.com/bencamach0/status/1747468453668401203 5 Norberto Santana, Jr. “Santana: Politicians in Santa Ana Don’t Want Residents To See Them Up Close,” Voice of OC, Aug. 7, 2024. voiceofoc.org/2024/08/santana-fighting-off-a-press-pen-in-santa-ana/ City Council 25 – 2 9/17/2024 Community Development Agency www.santa-ana.org/community-development Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 17, 2024 TOPIC: Joint Public Hearing: Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot AGENDA TITLE Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 398-601-02) for Parking Lot (General Fund and Non-General Fund) Legal notice public in the OC Reporter on August 30 and September 9, 2024. RECOMMENDED ACTION CITY COUNCIL ACTION 1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the City Manager to execute all required documents as necessary. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-XXX). SUCCESSOR AGENCY ACTION 1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION City Council 1 – 1 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 2 4 5 2 9 FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301) 2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 398-601-02), and authorize the Executive Director to execute all required documents as necessary. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT 3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 398-601-02) in the amount of $190,000 plus closing costs (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On February 20, 2024, the City Council approved an appropriation for the City to acquire the Third and Main parking lot (the “Property”) from the Successor Agency. Therefore, the City may purchase the last remaining Successor Agency property contingent upon the Countywide Oversight Board (Oversight Board) and the Department of Finance (DOF) approval of the sale. The purchase price of $190,000 was established by an appraisal conducted on September 11, 2023. Successor Agency The City of Santa Ana adopted an ordinance in 1973 to create a Redevelopment Agency. Throughout the years, the Community Redevelopment Agency (RDA) of the City of Santa Ana completed numerous projects to eliminate blight, spur economic growth, funded construction of affordable housing projects, and provided infrastructure and community facility improvements within the defined project areas and through this process acquired real property for future development. On February 1, 2012, in accordance with the Dissolution Act and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, Case No. S194861, the RDA was dissolved and the City began to serve as the “Successor Agency.” The City Council serves as the governing body of the Successor Agency under the Dissolution Act as amended by Assembly Bill (AB) 1484, to City Council 1 – 2 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 3 4 5 2 9 administer the enforceable obligations of the Agency and otherwise unwind the Agency’s affairs. The Oversight Board to the Successor Agency has oversight with respect to the Dissolution process, including final review and approval of the Long Range Property Management Plan (LRPMP). The Oversight Board has fiduciary responsibilities to holders of enforceable obligations and to the taxing entities that benefit from distribution of property tax and other revenue. As of June 30, 2018, the Orange County Auditor Controller is overseeing this function. The property identified by the City for a parking lot is identified in the LRPMP for disposition. The Successor Agency may dispose of these properties after authorization from the Oversight Board and the Department of Finance. Approval of the resolution will allow staff to present the sale of the properties to the Oversight Board and the Department of Finance for authorization. Once authorized, the Successor Agency may proceed with the sale of the properties to the City and remit the proceeds to the Orange County Auditor Controller for distribution amongst taxing entities. Notice of the time and place for the public hearing was published in the OC Reporter on August 30, 2024 and September 9, 2024, once a week for two weeks in newspaper of general circulation, pursuant to Health and Safety Code Section 33431. The Property The Property consists of sixty (60) parking spaces, landscaping, decorative cinder block columns, and wrought iron fencing. The Property is subject to a Parking Space Agreement (“Parking Agreement”) dated May 18, 1993 between the RDA and the adjacent property owner, which assures the availability of 60 parking spaces to serve the building located at 200 North Main Street (“Builders Exchange”). This Property is also subject to a property maintenance license and revocable access easement agreement (“Maintenance - Access Agreement”) entered by the Successor Agency and the adjacent property owner (Swinerton) on October 11, 2019. The Maintenance - Access Agreement was initially for a three year period, with automatic annual renewals to allow ingress and egress the Property’s parking lot and access to the Builders Exchange building. The purchase of the Property will continue to be subject to both the Parking and Maintenance – Access Agreements, but could be developed for future public benefit purposes through a cooperative arrangement with the adjacent property owner. Surplus Lands Act The property is being disposed of in accordance with the California Surplus Lands Act, Government Code §54220 et seq. This resolution declares the property exempt surplus under California Government Code section 54221(f)(1)(D), and allows the Successor Agency to enter into a Purchase and Sale Agreement with the City. City Council 1 – 3 9/17/2024 Joint Public Hearing – Resolution and Purchase and Sale Agreement for Acquisition of Real Property for Parking Lot September 17, 2024 Page 4 4 5 2 9 Environmental Impact Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed action is not subject to the requirements of CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3). The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Furthermore, the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment. The proposed action is also exempt pursuant to Section 15301 because it consists of the operation of existing public or private structure or facilities involving negligible or no expansion of existing or former use. However, if development were proposed on the property, then that development may be reviewed under CEQA. FISCAL IMPACT Funds in the amount of $190,000 for the purchase price plus closing costs were available in the CDA – Service Enhancement account (no. 01118017-66100) for expenditure in FY 2023-24. Therefore, a proposed carryover of unspent funds will be presented to City Council in October for approval of carryovers to FY 2024-25. Funds for the Successor Agency’s closing and escrow costs as the seller are available in the Redevelopment Administration Fund account (no. 67018843-62300). Upon approval by the Oversight Board and DOF, and completion of the transaction, $190,000 in proceeds from the sale will be deposited in the Redevelopment Obligation Retirement Funds Revenue account (no. 67018002-57071) and payment to the County of Orange, Auditor-Controller will be made from expenditure account (no. 67018850-69142). EXHIBIT(S) 1. Successor Agency Resolution – Exempt Surplus 2. City Council Resolution – Purchase and Sale Agreement 3. Successor Agency Resolution – Purchase and Sale Agreement 4. Purchase and Sale Agreement 5. California Health and Safety Code Section 33433 Report 6. Location Map 7. Legal Description Report 8. Long Range Property Management Plan (LRPMP): https://www.santa-ana.org/documents/long-range-property-management-plan-lrpmp/ Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager City Council 1 – 4 9/17/2024 Resolution No. 2024-XXX Page 1 of 3 Resolution No: 2024-XXX A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY BE IT RESOLVED BY THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real propertie s, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to th e parking lot. The Successor Agency and the successive owners of the Property are bound by this Property Maintenance License and Revocable Access Easement Agreement. EXHIBIT 1 City Council 1 – 5 9/17/2024 Resolution No. 2024-XXX Page 2 of 3 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the property to the City for the appraised market value. H. The Property is (i) not within a coastal zone, (ii) not adjacent to a historical unit of the State Parks System, (iii) not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and (iv) not within the Lake Tahoe region as defined in section 66905.5. I. The Successor Agency now desires to declare the Property as exempt surplus land in order to authorize the sale to the City for its use. Section 2. The Successor Agency hereby finds and declares the Property exempt surplus land pursuant to California Government Code section 54221(f)(1)(D), based on the true and correct written findings found in Section 1, incorporated herein by this reference. Section 3. The Successor Agency hereby authorizes the City Manager to execute any and all documents necessary to complete sale of the Property to the City. Section 4. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 5. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Secretary of the Successor Agency shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 1 City Council 1 – 6 9/17/2024 Resolution No. 2024-XXX Page 3 of 3 AYES: Successor Agency Members NOES: Successor Agency Members ABSTAIN: Successor Agency Members NOT PRESENT: Successor Agency Members _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, Secretary of the Successor Agency, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ Successor Agency Secretary EXHIBIT 1 City Council 1 – 7 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 Resolution No: 2024-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real properties, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to the parking lot. The Successor Agency and the successive owners of the Property are bound by this Property Maintenance License and Revocable Access Easement Agreement. EXHIBIT 2 City Council 1 – 8 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the Property to the City for the appraised market value. H. In furtherance of its wind-down of the Former Agency’s affairs, the Successor Agency desires to transfer the Property to the City pursuant to HSC section 34181(a). I. The City and the Successor Agency have reviewed the fair market value of the Property and have concluded that the value of the Property is consistent with the purchase price as set forth in the draft “Purchase and Sale Agreement” in the form submitted to the City and Successor Agency concurrently herewith (the “Agreement”). J. The fair market value and purchase price was established as $190,000 by an appraisal conducted on October 3, 2023. K. A joint public hearing of the Successor Agency and City Council on the proposed Agreement was duly noticed in accordance with HSC section 33431. L. On September 17, 2024, the governing board of the Successor Agency and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Successor Agency reviewed and evaluated all the information, testimony, and evidence presented during the joint public hearing. M. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. N. The City Council has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. O. The City Council has considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Property pursuant to the Agreement is in the best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local laws and requirements. Section 2. The City Council hereby finds and determines that the disposition by sale of the Property by the Successor Agency to the City pursuant to the Agreement will further the achievement of the City’s public purposes of providing parking in the City of Santa Ana pursuant to the Parking Space Agreement and Property Maintenance License and Revocable Access Easement Agreement. Section 3. The City Council finds and determines that, based upon substantial evidence provided in the record, the consideration for the Successor Agency’s sale of the Property to the City pursuant to the terms and conditions of the Agree ment is not less than the fair market value of the Property. Section 4. The City Council hereby approves the Agreement in substantially the form presented to the City Council, subject to such revisions as may be made by the City Manager, or designee. The City Manager is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf EXHIBIT 2 City Council 1 – 9 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 of the City, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the City, be placed on file in the Office of the City Clerk. Section 5. The City Manager, or designee, is hereby authorized, on behalf of the City, to make revisions to the Agreement that do not materially or substantially increase the City’s obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the City’s obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 6. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 2 City Council 1 – 10 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ City Clerk City of Santa Ana EXHIBIT 2 City Council 1 – 11 9/17/2024 Resolution No. 2024-XXX Page 1 of 4 Resolution No: 2024-XXX A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT BE IT RESOLVED BY THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A.Pursuant to AB X1 26 (enacted in June 2011 and amended from time to time, the “Dissolution Act”) and the California Supreme Court’s decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal.4th 231 (2011), all redevelopment agencies within the State of California, including the Community Redevelopment Agency of the City of Santa Ana (“Former Agency”), were dissolved. B.On January 9, 2012, pursuant to section 34173 of the California Health and Safety Code (“HSC”), the City of Santa Ana (“City”) elected to serve as Successor Agency to the dissolved Former Agency (“Successor Agency”). C.The Successor Agency is tasked with winding down the Former Agency’s affairs. D.Pursuant to HSC section 34175(b), all assets, including real properties, of the Former Agency transferred to the control of the Successor Agency by operation of law. E.The Former Agency acquired that parking lot located at 3rd Street and Main Street, APN 398-601-02 (“Property”). The Property is subject to a Parking Space Agreement dated May 18, 1993 (recorded with the County on September 14, 1993), as amended on March 16, 2001 (recorded with the County on May 8, 2001), and the agreement assured the owners of the adjacent property located at 200 North Main Street (Builders Exchange Building) with the future availability of 60 parking spaces exclusively for the use of those owners. The Former Agency and the successive owners of the Property are bound by this Parking Space Agreement. F.The Property is also subject to a Property Maintenance License and Revocable Access Easement Agreement entered into on October 11, 2019 (recorded with the County on October 16, 2019), for a three-year period, with automatic renewals every one-year period, for ingress and egress to provide entry to the parking lot. The Successor Agency and the successive owners of the Property a re bound by this Property Maintenance License and Revocable Access Easement Agreement . EXHIBIT 3 City Council 1 – 12 9/17/2024 Resolution No. 2024-XXX Page 2 of 4 G. Pursuant to the Long Range Property Management Plan attached to Oversight Board Resolution No. 2015-04, the Successor Agency intends to sell the Property to the City for the appraised market value. H. In furtherance of its wind-down of the Former Agency’s affairs, the Successor Agency desires to transfer the Property to the City pursuant to HSC section 34181(a). I. The City and the Successor Agency have reviewed the fair market value of the Property and have concluded that the value of the Property is consistent with the purchase price as set forth in the draft “Purchase and Sale Agreement” in the form submitted to the City and Successor Agency concurrently herewith (the “Agreement”). J. The fair market value and purchase price was established as $190,000 by an appraisal conducted on October 3, 2023. K. A joint public hearing of the Successor Agency and City Council on the proposed Agreement was duly noticed in accordance with HSC section 33431. L. On September 17, 2024, the governing board of the Successor Agency and the City Council held a joint public hearing on the proposed Agreement, at which time the City Council and the Successor Agency reviewed and evaluated all the information, testimony, and evidence presented during the joint public hearing. M. All actions required by all applicable law with respect to the proposed Agreement have been taken in an appropriate and timely manner. N. The Successor Agency has reviewed the staff report in connection with this matter and has evaluated other information provided to it pertaining to the findings proposed to be made hereunder. O. The Successor Agency has considered all of the terms and conditions of the proposed Agreement and believes that the sale of the Property pursuant to the Agreement complies with the Oversight Board’s direction to dispose of all assets and properties of the Former Agency pursuant to HSC section 34181(a), and in accord with the public purposes and provisions of applicable State and local laws and requirements. Section 2. The Successor Agency hereby finds and determines that the disposition by sale of the Property by the Successor Agency to the City pursuant to the Agreement will further the achievement of the Successor Agency’s purpose of winding down the Former Agency’s affairs in compliance with the Oversight Board’s direction to dispose of all assets and properties of the Former Agency pursuant to HSC section 34181(a). Section 3. The Successor Agency finds and determines that, based upon substantial evidence provided in the record, the consideration for the Successor Agency’s sale of the Property to the City pursuant to the terms and conditions of the Agreement is not less than the fair market value of the Property. Section 4. The Successor Agency hereby approves the Agreement in substantially the form presented to the Successor Agency, subject to such revisions as EXHIBIT 3 City Council 1 – 13 9/17/2024 Resolution No. 2024-XXX Page 3 of 4 may be made by the Executive Director of the Successor Agency, or designee. The Executive Director of the Successor Agency is hereby authorized to execute the Agreement, as so revised (including without limitation all attachments thereto), on behalf of the Successor Agency, together with any instruments necessary or convenient to implement the Agreement. A copy of the Agreement shall, when executed by the Successor Agency, be placed on file in the Office of the Secretary of the Successor Agency. Section 5. The Executive Director of the Successor Agency, or designee, is hereby authorized, on behalf of the Successor Agency, to make revisions to the Agreement that do not materially or substantially increase the Successor Agency’s obligations thereunder or materially or substantially change the uses or development permitted on the Property, to sign all documents to make all approvals and take all actions necessary or appropriate to carry out and implement the Agreement and to administer the Successor Agency’s obligations, responsibilities and duties to be performed under the Agreement and related documents. Section 6. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Property’s existing use as a parking lot will continue, such that the sale is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Alternatively, the sale of the Property is exempt from CEQA pursuant to CEQA Guidelines Section 15301 as the Property will continue to be operated as a parking lot, its existing use. Section 7. This Resolution shall take effect immediately upon its adoption by the Successor Agency, and the Secretary of the Successor Agency shall attest to and certify the vote adopting this Resolution. Adopted this _____day of ______________, 20_______. ________________________________ Valerie Amezcua Chair APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 3 City Council 1 – 14 9/17/2024 Resolution No. 2024-XXX Page 4 of 4 AYES: Successor Agency Members NOES: Successor Agency Members ABSTAIN: Successor Agency Members NOT PRESENT: Successor Agency Members _ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, Secretary of the Successor Agency, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original Resolution adopted by the Governing Board of the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana on September ___, 2024. Date: _________________ _____________________ Successor Agency Secretary EXHIBIT 3 City Council 1 – 15 9/17/2024 PURCHASE AND SALE AGREEMENT SELLER: Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana BUYER: City of Santa Ana DATED: January 30, 2025 (3rd Street and Main Street, parking lot, APN 398-601-02) EXHIBIT 4 City Council 1 – 16 9/17/2024 BASIC TERMS Buyer: City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California Buyer’s Address: City of Santa Ana Attention: City Clerk 20 Civic Center Plaza Santa Ana, CA 92701 Tel. (714) 647-6520 Closing Date (or Closing) Estimated to occur by March 13, 2025, but not later than the Outside Date Contingency Date: Sixty (60) days after the Effective Date Deed: A grant deed in the form of Exhibit B hereto Effective Date: January 30, 2025 Outside Date: 60 days after Oversight Board and Department of Finance Approval Oversight Board: The Oversight Board to the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana approval is a condition of closing, Health and Safety Code §34181(a)(1). Purchase Price: One-Hundred and Ninety Thousand Dollars ($190,000) Real Property: That property described in Exhibit A hereto; the parking lot at 3rd Street and Main Street, Santa Ana, California, APN 398-601-02 Seller: City as Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana Seller’s Address: 20 Civic Center Plaza Santa Ana, California 92701 Attention: Director of Community Development Agency Tel. (714) 647-5360 Title Company: First American Title Insurance Company 5 First American Way Santa Ana, CA 92707 Tel: (714) ___-____ Attention: ________________, _______________ (direct: (714) ___-____; email: ___________@firstam.com) (or another title insurer mutually acceptable to Buyer and Seller) EXHIBIT 4 City Council 1 – 17 9/17/2024 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between Seller and Buyer. RECITALS A. Seller is the fee owner of that real property which is legally described on Exhibit A attached hereto and made a part hereof (the “Real Property”). The Real Property is the improved parking lot located at 3rd Street and Main Street, APN 398-601-02. B. Seller has offered to sell to Buyer the Real Property described herein for the price and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy from Seller the Real Property, as more specifically described below. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth in this Agreement. The term Real Property is defined collectively as the following: (a) The fee interest in the Real Property to be conveyed by the Deed (defined in Section 8(a) below); (b) All rights, privileges, easements, licenses and interests appurtenant to the Real Property. Such rights shall be deemed to include, without limitation, all royalties, minerals, oil and gas rights and profits, water and water rights (whether or not appurtenant) owned by Seller; and (c) All personal property, equipment, supplies, and fixtures owned by Seller and located at the Real Property; and (d) All of Seller’s interest under contracts, leases, licenses, easements and other agreements associated with the Real Property, subject to a power of termination as set forth in the Deed. 2. Payment of Consideration. As consideration for the sale of the Real Property from Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price of One-Hundred and Ninety Thousand Dollars ($190,000) for the Real Property. 3. Closing without Escrow. (a) Closing without use of Escrow. At the election of Seller, the parties will effect the conveyance of the Property and payment of the Purchase Price without use of an escrow holder provided that: (i) Seller confirms to Buyer that Seller agrees that the Deed may be recorded among the official records of the County Recorder of the County of Orange after Buyer confirms to Seller that Buyer holds moneys equal to the Purchase Price and will transfer such moneys to City within one (1) business day after the Deed is recorded, and (ii) Seller c onfirms to Buyer that the Title Company EXHIBIT 4 City Council 1 – 18 9/17/2024 2 has committed to issue the “Buyer’s Title Policy” (as described in Section 6 hereof) in a form and subject only to exceptions that are acceptable to Buyer. (b) Closing. For purposes of this Agreement, the “Closing” or “Closing Date” shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason, occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by delivering w ritten notice to the other at any time after the outside Closing Date; provided, however, that if either party is in default under this Agreement at the time of such termination, then such termination shall not affect the rights and remedies of the non-defaulting party against the defaulting party. 4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10) days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the Property Documents”): (a) Copies of tax bills. (b) Such proof of Sellers’ authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company consistent with the terms of this Agreement. 5. Buyer’s Right of Entry. From and after the Effective Date through the earlier to occur of the termination of this Agreement or the Closing, Buyer and Buyer’s employees, agents, consultants and contractors shall have the right to enter upon the Real Property during normal business hours, provided reasonable prior notice has been given to Seller. (a) Investigation of the Real Property. In addition to the foregoing, the Buyer shall have the right, at its sole cost and expense, prior to the Contingency Date, to engage its own environmental consultant (the “Environmental Consultant”) to make such investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2” investigations of the Real Property. If, based upon such evaluation, inspections, tests or investigat ion, Buyer determines that it, in its discretion, does not wish to proceed with purchase of the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement by giving written notice of termination to Seller on or before the Contingency Date which specifically references this Section 5. If Buyer does not cancel this Agreement by the time allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections and tests as provided herein and to have elected to proceed with this transaction on the terms and conditions of this Agreement. Buyer shall be provided a copy of all reports and test results provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such reports and test results. Buyer shall bear all costs, if any, associated with restoring the Real Property to the condition prior to its testing by or on behalf of Buyer if requested to so do by Seller. (b) No Warranties as To the Real Property. The physical condition and possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is” condition, with no warranty expressed or implied by Seller, including without limitation, the presence of EXHIBIT 4 City Council 1 – 19 9/17/2024 3 Hazardous Materials or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Real Property for development purposes. (c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall take all necessary precautions to prevent the release into the environment of any Hazardous Materials which are located in, on or under the Real Property. Such precautions shall include compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the state, the County, the City, or any other political subdivision in which the Real Property is located, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the Real Property (“Governmental Requirements”) with respect to “Hazardous Materials”, as defined below. “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local governmental authority, the County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as a “hazardous substance” under Section 78075 of the California Health and Safety Code, Division 45, Part 2, Chapter 1 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyl s, (viii) defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4.5, Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §6901 et seq. 6. Buyer’s Conditions Precedent and Termination Right. (a) Conditions Precedent. The Closing and Buyer’s obligation to consummate the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which are for Buyer’s benefit only. (i) Title Review. Within ten (10) calendar days after the Date of Agreement, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the “Report”) describing the title to the Real Property, together with copies of the plotted easements and the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall be borne by Seller. Seller acknowledges that the Report shall include an endorsement against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as necessary to induce the Title Company to provide such endorsement. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report; (ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or disapprove any exceptions to title that are not created by EXHIBIT 4 City Council 1 – 20 9/17/2024 4 Buyer and that come into existence after issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds of trust, mortgages and delinquent taxes (but not the lien for any real property taxes or assessments not yet delinquent). (ii) Buyer’s Title Policy. On or before the Closing, the Title Company shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a CLTA owner’s policy of title insurance (“Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer; and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its sole cost and expense, to obtain coverage beyond that offered by a CLTA policy; provided, however, that Buyer’s ability to obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage. Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for any survey or other matters required by the Title Company for such extended coverage. (iii) Physical and Legal Inspections and Studies. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute discretion, the results of any physical and legal (but not feasibility or economic) inspections, investigations, tests and studies Buyer elects to make or obtain, including, but not limited to, investigations with regard to zoning, building codes and other governmental regulations; engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies; environmental investigation or other invasive or subsurface testing; and any other physical or legal inspections and/or investigations as Buyer may elect to make or obtain. (iv) Property and Formation Documents. On or before the Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the terms, conditions and status of all of the Property Documents. (v) Delivery of Documents. Seller’s delivery of all documents described in Section 8, below. (vi) Representations and Warranties. All representations and warranties of Seller contained in this Agreement shall be materially true and corr ect as of the date made and as of the Closing. (vii) Title Company Confirmation. The Title Company shall have confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this Agreement. (viii) No Default. As of the Closing, Seller shall not be in default in the performance of any material covenant or agreement to be performed by Seller under this Agreement. (ix) Oversight Board and Department of Finance (“DOF”) Approval. The Oversight Board and, if required as a condition of the issuance of title insurance or by either party hereto, approval by DOF, shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement. EXHIBIT 4 City Council 1 – 21 9/17/2024 5 (b) Termination Right. Should any of Buyer’s Contingencies not be met by the Outside Date, and Buyer so informs Seller, Buyer may, by written notice to Seller, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless Seller is in default hereunder, in which case Seller shall pay all such fees. If Buyer has neither terminated this Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Contingency Date as to the items set forth in Sections 6(a)(i)-(v) inclusive, nor provided a written satisfaction or waiver notice to Seller of each Buyer’s Contingency to be satisfied as of the Contingency Date, then all such Buyer’s Contingencies shall be deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has not delivered a Termination Notice as to the items set forth in Sections 6(a)(vi)-(viii) inclusive, prior to the Closing, such Buyer’s Contingencies shall be deemed to have been satisfied. (c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then have the right, but not the obligation, to (i) remove from title any disapproved or conditionally approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove such Exception after committing to do so shall be a default hereunder. An Exception shall be deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Excep tion. If Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure other matters) within such five (5) business day period, Buyer shall have three (3) business days after the expiration of such five (5) business day period to give Seller written notice that Buyer elects to proceed with the purchase of the Real Property subject to the disapproved Title Document(s), it being understood that Buyer shall have no further recourse against Seller for such disapproved Title Exception(s). 7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s obligations with respect to the transaction contemplated by this Agreement are subject to the timely satisfaction or written waiver of the following conditions precedent (“Seller’s Contingencies”), which are for Seller’s benefit only: (a) Completion of Title Review. Seller shall have received written confirmation from Buyer that Buyer has completed its review of title and that the condition of title is satisfactory. (b) Confirmation Concerning Site. Seller shall have received written confirmation from Buyer that Buyer has reviewed the condition of the Real Property, including without limitation concerning Hazardous Materials, zoning and suitability, and approves the conditi on of the Real Property. (c) Oversight Board and, if applicable, DOF Approval. The approval by the Oversight Board and DOF shall have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement, and, if required as a matter o f law or as a condition by the Title Company as a condition of the Title Company issuing its policy of title insurance, DOF approval. EXHIBIT 4 City Council 1 – 22 9/17/2024 6 (d) Confirmation Regarding Buyer’s Title Policy. Seller shall have received written confirmation from Buyer that Buyer has approved a pro forma title policy. (e) Delivery of Documents. Buyer’s delivery of all documents described in Section 9, below. Should any of Buyer’s Contingencies not be met by the Outside Date and Buyer has so informed Seller, Seller may, by written notice to Buyer, terminate this Agreement. If this Agreement is so terminated, then (except to the extent expressly allocated to one party hereto by this Agreement) any title or other cancellation fees shall be paid by Buyer. 8. Seller’s Deliveries to Buyer. (a) Seller’s Delivered Documents. At least one (1) business day prior to the Closing Date, Seller shall deposit or cause to be deposited with Buyer the following items, duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”): (i) Deed. The Grant Deed in the form attached hereto as Exhibit B (the “Deed”). (ii) Possession of Real Property. Possession of the Real Property free of any tenancies or occupancy. (iii) Authority. Such proof of Seller’s authority and authorization to enter into this Agreement and to consummate this transaction as may be reasonably requested by Buyer and the Title Company. (iv) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. (b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely delivered to Buyer, Buyer may, by written notice to Seller, terminate this Agreement; provided, however, that Buyer may (but shall not be obligated to) in such notice provide Se ller with five (5) business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five (5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not delivered within such period, then this Agreement shall automatically terminate without further action or notice. In the event of any such termination, any cash deposited by Buyer shall immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in connection with any such contractual arrangements of Seller. 9. Buyer’s Deliveries to Seller. At least one (1) business day prior to the Closing Date, Buyer shall deposit or cause to be deposited with Seller the following, each duly executed and acknowledged by Buyer, as appropriate (“Buyer’s Delivered Items”): (a) Purchase Price. The Purchase Price, together with additional funds necessary to pay Buyer’s closing costs set forth in Section 10(b) herein. EXHIBIT 4 City Council 1 – 23 9/17/2024 7 (b) Authority. Such proof of Buyer’s authority and authorization to enter into this Agreement and to consummate the transaction contemplated hereby as may be reasonably requested by Seller or the Title Company. (c) Further Documents or Items. Any other documents or items reasonably required to close the transaction contemplated by this Agreement as determined by the Title Company. 10. Costs and Expenses. (a) Seller’s Costs. If the transaction contemplated by this Agreement is consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges associated with the removal of encumbrances; (ii) Seller’s share of prorations; and (iii) costs, if any, allocable to Seller under this Agreement (which foregoing items collectively constitute “Seller’s Costs and Debited Amounts”). (b) Buyer’s Costs. If the transaction contemplated by this Agreement is consummated, then Buyer shall bear the following costs and expenses: (i) Buyer’s share of prorations, (ii) the premium for an owner’s policy of title insurance which, at the election of Buyer, will be an ALTA owner’s extended coverage policy of title insurance and the cost for any survey required in connection with the delivery of an ALTA owner’s extended coverage policy of title insurance; (iii) documentary recording fees, if any; (iv) documentary transfer tax, if any; and (v) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price (collectively, “Buyer’s Costs and Debited Amounts”). Since Buyer and Seller elected to close without use of escrow pursuant to Section 3(b) hereof, Buyer and Seller shall make the prorations described in this subsection (b). Generally. Each party shall bear the costs of its own attorneys, consultants, and real estate brokers in connection with the negotiation and preparation of this Agreement and the consummation of the transaction contemplated hereby. Buyer represents to Seller that Buyer has not engaged the services of any consultants, finders or real estate brokers in connection with the purchase of the Real Property from the Seller. Seller represents to Buyer that Seller has not engaged the services of any consultants, finders or real estate brokers in connection with the sale of the Real Property to t he Buyer. 11. Prorations; Withholding. (a) All revenues (if any) and expenses relating to the Real Property (including, but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing, Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “P roration and Expense Schedule”). If any prorations made under this Section shall require final adjustment after the Closing, then the parties shall make the appropriate adjustments promptly when accurate information becomes available and either party hereto shall be entitled to an adjustment to correct the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled thereto. (b) In the event Seller does not qualify for an exemption from California withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate duly executed EXHIBIT 4 City Council 1 – 24 9/17/2024 8 by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th day of the month following the month title to the Real Property is transferred to Buyer (as evidenced by the recording of the Deed), Title Company shall remit such funds withheld from the Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the Tax Code, together with such other documents required by the Tax Code (including, without limitation, California Form 593), to the California Franchise Tax Board. 12. Closing Procedure. When the Title Company is ready to issue the Buyer’s Title Policy and all required documents and funds have been deposited with Seller, Seller shall immediately close Escrow in the manner and order provided below. (a) Recording. Seller shall cause the Deed to be recorded pursuant to applicable law in the county in which the Real Property is located and obtain conformed copies thereof for distribution to Buyer and Seller. (b) Disburse Funds. Seller shall debit or credit (as provided herein) all Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses, prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable debits or credits (as provided herein) shall be distributed via account transfers to Seller. Seller shall request demands for payment and to make such payments from the Purchase Price (or such other funds, if any, as are advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances. (c) Documents to Seller. Seller shall receive a conformed copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among the official land records of the County of Orange, and a copy of each other document (or copies thereof) provided by Buyer pursuant hereto. (d) Documents to Buyer. Seller shall deliver to Buyer the original California Exemption Certificate (as applicable), and a conformed copy of each of the Deed as duly recorded among the official land records of the County of Orange, and each other document (or copies thereof) deposited by Seller pursuant hereto, including, without limitation, those documents referenced in Section 8. (e) Title Company. Seller shall cause the Title Company to issue the Buyer’s Title Policy to Buyer. (f) Informational Reports. Seller shall file any information reports required by Internal Revenue Code Section 6045(e), as amended. (g) Possession. Possession of the Real Property shall be delivered to Buyer at the Closing. EXHIBIT 4 City Council 1 – 25 9/17/2024 9 13. Representations and Warranties. (a) Seller’s Representations and Warranties. In consideration of Buyer entering into this Agreement and as an inducement to Buyer to purchase the Real Property, S eller makes the following representations and warranties as of the Effective Date and as of the Closing, each of which is material and is being relied upon by Buyer (and the truth and accuracy of which shall constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered into this Agreement) and shall survive Closing; provided that each of the representations and warranties of Seller is based upon the information and belief of the Executive Director of the Seller: (i) Seller believes that it has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated, subject to the approval of the Oversight Board and, as may be applicable, DOF. (ii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwi se) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. (iii) Subject to the approval of the Oversight Board and, as may be applicable, DOF, the individual executing this Agreement and the instruments referenced herein on behalf of Seller has the legal power, right and actual authority to bind Seller to the terms and conditions hereof and thereof. (iv) Seller believes that neither the execution or delivery of this Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement or the documents or instruments referenced herein or therein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, lease or other agreement or instrument to which Seller is a party or that affect the Real Property, including, but not limited to, any of the Title Documents or the Property Documents. (v) There is no pending litigation nor, to the best of Seller’s knowledge, threatened litigation, which does or will adversely affect the right of Seller to convey the Real Property. There are no claims which have been received by Seller that have not been disclosed to Buyer. (vi) Seller has made no written or oral commitments to or agreements with any governmental authority or agency materially and adversely affecting the Real Property, or any part hereof, or any interest therein, which will survive the Closing. (vii) There are no leases or rental agreements in effect as to the Real Property. (viii) Seller is not in default of its obligations under any contract, agreement or instrument to which Seller is a party pertaining to the Real Property. EXHIBIT 4 City Council 1 – 26 9/17/2024 10 (ix) There are no mechanics’, materialmen’s or similar claims or liens presently claimed or which will be claimed against the Real Property for work performed or commenced for Seller or on Seller’s behalf prior to the date of this Agreement. (x) There are no undisclosed contracts, licenses, commitments, undertakings or other written or oral agreements for services, supplies or materials concerning the use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or the Real Property after the Closing, except those already disclosed to Buyer pursuant to the Long Range Property Management Plan via Oversight Board Resolution No. 2015-04 dated September 29, 2015 and the CBRE Appraisal Report dated October 3, 2023. There are no oral contracts or other oral agreements for services, supplies or materials, affecting the use, operation, maintenance or management of the Real Property. (xi) There are not as of the Effective Date, nor will there be as of the Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and no person other than Buyer shall have any right of possession to the Real Property or any part thereof as of the Closing. (xii) No person, excepting Seller, has possession or any rights to possession of the Real Property or portion thereof. (b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has learned, discovered or become aware of such Representation Matter shall promptly give written notice thereof to the other party and Seller’s representations and warranties shall be automatically limited to account for the Representation Matter. Buyer shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement, Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have no obligation to Buyer for such Seller Representation Matter. (c) Buyer’s Representations and Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the following representations and warranties as of the date hereof and at and as of the Closing, each of which is material and is being relied upon by Seller (and the truth and accuracy of which shall constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive Closing: (i) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transaction contemplated hereby. (ii) All requisite action has been taken by Buyer in connection with entering into this Agreement and the instruments referenced herein; and, by the Closing, all such necessary action will have been taken to authorize the consummation of the transaction contemplated hereby. EXHIBIT 4 City Council 1 – 27 9/17/2024 11 (iii) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer to the terms and conditions hereof and thereof. (iv) Neither the execution and delivery of this Agreement and the documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms of this Agreement and the documents and instruments referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan, pa rtnership agreement, lease or other agreement or instrument to which Buyer is a party or by which any of Buyer’s properties are bound. (d) Subsequent Changes to Buyer’s Representations and Warranties . If, prior to the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item, fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give written notice thereof to the other party and Buyer’s representations and warranties shall be automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right to approve or disapprove any such change and to terminate this Agreement by written notice to Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and Buyer shall have no obligation to Seller for such Buyer’s Representation Matter. 14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price represents a fair value price for the Real Property. 15. Surplus Lands Act. The Real Property is considered exempt surplus land under the Surplus Lands Act, pursuant to Government Code Section 54221(f)(1)(D) and Resolution No 2024- _______, as it is surplus land that a local agency is transfer ring to another local agency for the receiving agency’s use. 16. General Provisions. (a) Condemnation. If any material portion of the Real Property shall be taken or appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of the Real Property and receive all of the award or payment made in connection with such taking. (b) Notices. All notices, demands, requests or other communications required or permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving party as provided in the Basic Terms section above, and shall be personall y delivered, sent by overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided that a successful transmission report is received). All Notices shall be effective upon receipt at the appropriate address. Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no Notice in accordance with this Section was given shall be deemed to constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective EXHIBIT 4 City Council 1 – 28 9/17/2024 12 counsels is for information only, is not required for valid Notice and does not alone constitute Notice hereunder. (c) Waiver, Consent and Remedies. Each provision of this Agreement to be performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may specifically and expressly waive in writing any portion of this Agreement or any bre ach thereof, but no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or any other provision. A waiving party may at any time thereafter require further compliance by the other party with any breach or provision so waived. The consent by one party to any act by the other for which such consent was required shall not be deemed to imply consent or waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No wa iver or consent shall be implied from silence or any failure of a party to act, except as otherwise specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, conditions and agreements contained in this Agreement shall be cumulative and no one of them shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue any one or more of its rights, options or remedies hereunder or may seek damages or specific performance in the event of the other party’s breach hereunder, or may pursue any other remedy at law or equity, whether or not stated in this Agreement. (d) Cooperation. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing in accordance with the provisions hereof and, following Closing. (e) Time. Time is of the essence of every provision h erein contained. In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, City closure, or legal holiday, in which case the period shall be deemed to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, City closure, or legal holiday. Except as otherwise expressly provided herein, all time periods expiring on a specified date or period herein shall be deemed to expire at 5:00 p.m. on such specified date or period. (f) Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. An electronic signature shall be deemed an original signature. (g) Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (h) No Obligations to Third Parties. The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this Agreement to, any person or entity other than the parties hereto. EXHIBIT 4 City Council 1 – 29 9/17/2024 13 (i) Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. (j) Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. (k) Applicable Law. This Agreement shall be governed by and construed in accordance with the local law of the State of California, with venue in Orange County. (l) Exhibits and Schedules. The exhibits and schedules attached hereto are incorporated herein by this reference for all purposes. (m) Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between, and the final expression of, Buyer and Seller with respect to the subject matt er hereof. The parties hereto expressly agree and confirm that this Agreement is executed without reliance on any oral or written statements, representations or promises of any kind which are not expressly contained in this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. (n) Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the permitted successors and assigns of the parties hereto. (o) Assignment. This Agreement may not be assigned without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld. [signatures begin on the following page] EXHIBIT 4 City Council 1 – 30 9/17/2024 City Council 1 – 31 9/17/2024 A-1 EXHIBIT A LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Orange, described as follows: Lot 4 of Tract Map 16217, in the City of Santa Ana, County of Orange, State of California, filed in Book 833, Pages 48 through 50, inclusive of Maps, in the Office of the County Recorder of Orange County, California. APN: 398-601-02 EXHIBIT 4 City Council 1 – 32 9/17/2024 B-1 EXHIBIT B DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: _________________ APN: 398-601-02 [Space above for recorder.] EXEMPT FROM PAYMENT OF DOCUMENTARY TRANSFER TAX (TRANSFER BETWEEN PUBLIC AGENCIES) GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana (“Grantor”), hereby grants to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California, that certain real property located in the County of Orange, State of California, more particularly described on Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject to existing easement s, restrictions and covenants of record. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2024. SUCCESSOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA By: Name: _______________ Its: Executive Director EXHIBIT 4 City Council 1 – 33 9/17/2024 Attachment No. 1 to Exhibit B ATTACHMENT NO. 1 TO GRANT DEED LEGAL DESCRIPTION The land referred to herein is situated i n the State of California, County of Orange, described as follows: Lot 4 of Tract No. 16217, as shown on a Map files in Book 833, Pages 48, 49, and 50 of Miscellaneous Maps, records of Orange County, California. APN: 398-601-02 EXHIBIT 4 City Council 1 – 34 9/17/2024 Certificate of Acceptance CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed under the foregoing Grant Deed by the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana to the City of Santa Ana, a charter city and municipal corporation organized under the Constitution and laws of the State of California (“City”) as to the following property: Real property in the City of Santa Ana, County of Orange, State of California, described as follows: Lot 4 of Tract No. 16217, as shown on a Map files in Book 833, Pages 48, 49, and 50 of Miscellaneous Maps, records of Orange County, California. APN: 398-601-02 is hereby accepted by the City Manager of the City on behalf of the City pursuant to authority conferred by action of the City Council of the City by Resolution No. _____________ of the City Council, and the City as grantee consents to recordation thereof by its duly authorized officer. CITY OF SANTA ANA Alvaro Nuñez Acting City Manager ATTEST: City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Andrea Garcia-Miller Assistant City Attorney EXHIBIT 4 City Council 1 – 35 9/17/2024 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent frau dulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ___________________________________________________________ Title(s) ___________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other:_____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Number Of Pages ___________________________________________________________ Date Of Documents ___________________________________________________________ Signer(s) Other Than Named Above EXHIBIT 4 City Council 1 – 36 9/17/2024 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On _____________________________ , before me, _______________________________ , Notary Public, (Print Name of Notary Public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer ___________________________________________________________ Title(s) ___________________________________________________________ Title Or Type Of Document Partner(s) Limited General Attorney-In-Fact Trustee(s) Guardian/Conservator Other:_____________________________________ Signer is representing: Name Of Person(s) Or Entity(ies) ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Number Of Pages ___________________________________________________________ Date Of Documents ___________________________________________________________ Signer(s) Other Than Named Above EXHIBIT 4 City Council 1 – 37 9/17/2024 C-1 EXHIBIT 4 City Council 1 – 38 9/17/2024 SUMMARY REPORT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 ON A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SANTA ANA AND CITY OF SANTA ANA AS SUCCESSOR AGENCY The California Health and Safety Code (HSC) Section 33433 requires that successor agencies provide a detailed summary report when disposing of property. Compliant with HSC Section 33433, this summary report (Summary Report) outlines the essential aspects of the proposed Purchase and Sale Agreement dated June 18, 2024 (Purchase and Sale Agreement) between the Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) and the City of Santa Ana (City). The Purchase and Sale Agreement entails the City's acquisition of a parcel situated at the southwest corner of Main Street and Third Street (See Table 1) from the Successor Agency. The Property, presently serving as a 60-space parking lot, will maintain its current use for parking, with the potential for future development dedicated to public benefit purposes. Table 1: Parcel Information Attribute Description Location Southwest Corner of Main Street and Third Street APN 398-601-02 Acquisition Date March 19, 1986 Current Use 60-space parking lot Planned Use Continued parking with potential future public benefit development Purchase Price $190,000 plus closing costs Square Footage 27,830 sq. ft. / 0.64 ac. BACKGROUND In 1973, the City enacted an ordinance to establish the Santa Ana Community Redevelopment Agency (RDA). Over the years, the RDA implemented numerous projects EXHIBIT 5 City Council 1 – 39 9/17/2024 aimed at eliminating blight, promoting economic growth, funding the construction of affordable housing, and improving infrastructure and community facilities within designated project areas. During this process, the RDA acquired various properties for future development. One such property acquired by the RDA is a parcel situated at the southwest corner of Main Street and Third Street (Property), also identified as Assessor Parcel Number: 398- 601-02. The RDA acquired the Property on March 19, 1986 from Universal Terminals, Inc. as part of the efforts to develop the Central City Redevelopment Project Area with the intention to use the Property for future development projects that would support the overall redevelopment goals of the area, including enhancing public infrastructure and facilitating economic growth. The Property was also critical to provide parking and pedestrian access for the Builders Exchange Building (listed as Landmark - No. 136 on the Santa Ana Register of Historic Properties). Builders Exchange Building and Parking Lease Agreement The Builders Exchange Building, located at 200 N. Main Street, is adjacent to the Property and is historically significant within the Central City Redevelopment Project Area. On February 7, 1982, the RDA approved a $44,711 deferred loan to Builders Exchange Associates (BEA) to cover soft costs for the rehabilitation of the Builders Exchange Building. On February 21, 1986, the RDA extended the repayment period by an additional year due to insufficient lease income to meet debt service obligations. Subsequently, on March 15, 1988, the BEA refinanced the debt and on May 18, 1993, the RDA approved a loan modification agreement with BEA, waiving previous defaults and executing a new promissory note. Concurrently, the RDA entered into a parking lease agreement (Parking Lease Agreement) with Barco Parking Association, a partnership comprising some owners of the Builders Exchange Building. The Parking Lease Agreement, dated May 18, 1993, assured the future availability of 60 parking spaces on the Property exclusively for the use of BEA and its agents, employees, and invitees. Redevelopment Dissolution On February 1, 2012, the RDA was dissolved in accordance with the Dissolution Act, which required the RDA to transfer all its assets to a successor agency. Consequently, the former RDA transferred all its assets to the Housing Authority of the City of Santa Ana (Housing Authority), who assumed the role of the Successor Agency. Under the Dissolution Act, as amended by Assembly Bill (AB) 1484, the Housing Authority now serves as the Successor Agency, tasked with managing the enforceable obligations of the former RDA and overseeing the unwinding of its affairs. As such, the Successor Agency, an independent legal entity, is the current owner of the Property and is bound by the Parking Lease Agreement. EXHIBIT 5 City Council 1 – 40 9/17/2024 Prior to the enactment of AB 1484, the Oversight Board of the Successor Agency (Oversight Board) adopted Resolution 2012-09 and directed the Successor Agency to take certain actions related to the inventory of property. Those properties identified as having a governmental purpose/use were approved to be transferred to the City. The Property was identified as a property subject to an enforceable obligation that could be transferred to the City. Maintenance-Access Agreement Following Redevelopment Dissolution, in addition to the Parking Lease Agreement, the Successor Agency entered into a property maintenance license and revocable access easement agreement (Maintenance-Access Agreement) with the current owner of the Builders Exchange Building, Swinerton, on October 11, 2019. The Maintenance-Access Agreement was initially for a three-year period, with automatic annual renewals to allow ingress and egress to the parking lot and access to the Builders Exchange Building. Property Disposition HSC Section 34181 mandates that successor agencies dispose of all assets and properties of their respective redevelopment agencies. In accordance with HSC Section 34181, and with the aim of upholding the Parking Lease Agreement and the Maintenance- Access Agreement, the Successor Agency and the City, as two separate legal entities, are collaborating to transfer ownership of the Property from the Successor Agency to the City through a market rate purchase of $190,000 (Purchase Price). This Purchase Price was established by an appraisal conducted on September 11, 2023 (Appraisal). This transfer will enable the Successor Agency to dispose of the Property while ensuring compliance with the Parking Lease and Maintenance-Access Agreements. REPORTING REQUIREMENTS Due to the funding sources used for its acquisition, as well as the former RDA’s ownership of the Property, the proposed conveyance of the Property to the City is subject to the reporting requirements imposed by Section 33433. Specifically, Section 33433 requires the Successor Agency to prepare a report that summarizes the financial terms associated with the disposition transaction for the Property. This Summary Report fulfills the reporting requirements of HSC Section 33433 and is organized into the following sections: I. Salient Points of the Purchase and Sale Agreement. This is a summary of the major responsibilities imposed on the City by the Purchase and Sale Agreement. II. Cost of the Purchase and Sale Agreement to the City. This includes the total cost to the Successor Agency and City associated with executing the Purchase and Sale Agreement (land acquisition costs, clearance costs, relocation costs, improvement costs, and expected interest on any loans or bonds to finance the agreements). EXHIBIT 5 City Council 1 – 41 9/17/2024 III. Estimated Highest Use Value of the Interests to be Conveyed. This estimates the values of the interests to be conveyed or leased, determined at the highest uses permitted under the requirements imposed by the zoning in place at the Property. IV. Estimated Reuse Value of the Interests to be Conveyed. This is a summary of the valuation estimate for the Property, based on the required scope of development and the other conditions and covenants required by the Purchase and Sale Agreement. If the sale price or total rental amount is lower than the fair market value determined at the highest and best use consistent with the redevelopment plan, the agency must explain the reasons for this difference as part of this Summary Report. V. Consideration Received and Comparison with the Established Value. This section describes the compensation to be received by the Agency, and explains any difference between the compensation to be received and the established value of the Property. VI. Blight Elimination. This is a description of the existing blighting conditions on the Property and a description of how the Purchase and Sale Agreement will assist in alleviating the blighting influence. VII. Conformance with the AB1290 Implementation Plan. This is a description of how the Purchase and Sale Agreement achieves goals identified in the Successor Agency’s adopted AB1290 Implementation Plan. Furthermore, pursuant with HSC Section 33433, this Summary Report was published in the Orange County Register once a week for two consecutive weeks on August 30, 2024, and September 9, 2024, once a week for two consecutive weeks. I. SALIENT POINTS OF THE PURCHASE AND SALE AGREEMENT Property Description The following describes the Property, existing enforceable obligations, and potential future uses: 1. The Property is currently improved with a 60-space parking lot, landscaping, decorative cinder block columns, and wrought iron fencing (See Table 1). 2. The Property is subject to a Parking Lease Agreement dated May 18, 1993 between the former RDA and BEA, which assures the availability of 60 parking spaces to serve the Builders Exchange Building. 3. The Property is also subject to a Maintenance-Access Agreement dated October 11, 2019 between the Successor Agency and Swinerton, which allows ingress and egress to the parking lot and access to the Builders Exchange Building. 4. The Property will remain as a parking lot, but may be developed for other public benefit purposes in the future. EXHIBIT 5 City Council 1 – 42 9/17/2024 City Responsibilities The following describes the responsibilities that the City will take on 1. Purchase and Sale: The City agrees to purchase the Property for $190,000, including fee interest, rights, privileges, easements, licenses, and interests related to the Property, all personal property, equipment, supplies, fixtures, and Successor Agency’s interest under contracts, leases, licenses, easements, and other agreements. 2. Payment of Consideration: The City shall pay the Purchase Price at the date the deed is recorded (Closing Date). 3. Closing without Escrow: At the election of the Successor Agency, the City shall transfer funds to the Successor Agency within one business day after the deed is recorded if the Successor Agency elects to proceed without an escrow holder. 4. Right of Entry: The City and its representatives shall have the right to enter the Property for inspections and tests from the effective date, as defined by the Purchase and Sale Agreement (Effective Date), through the Closing Date, with reasonable prior notice to the Successor Agency. 5. Investigation of the Real Property: The City shall have the right to engage an environmental consultant for necessary investigations. If the City determines not to proceed with the purchase based on these investigations, it may cancel the Purchase and Sale Agreement before the contingency date, as defined by the Purchase and Sale Agreement (Contingency Date), and provide written notice of termination to the Successor Agency. The City shall provide all reports and test results to the Successor Agency and bear any costs associated with restoring the Property to its original condition if the Property is disturbed by the environmental testing, and if requested by the Successor Agency. 6. Condition of Property: The City shall accept the property in "as is" condition, with no warranties from the Successor Agency regarding its physical condition, presence of hazardous materials, or suitability for development purposes. 7. Environmental Precautions: Post-closing, the City shall take all necessary precautions to prevent the release of hazardous materials from the Property and comply with all relevant governmental requirements. 8. Buyer’s Title Policy: The City shall obtain a CLTA owner’s policy of title insurance (Title Policy) in the amount of the Purchase Price, showing fee title to the Property vested solely in the City, subject to standard exceptions, liens for taxes not yet delinquent, matters created by or with the City’s consent, and matters approved in writing by the City. The City may obtain extended coverage at its own cost if desired. 9. Physical and Legal Inspections and Studies: The City shall approve or disapprove matters of title disclosed in the preliminary title report, exceptions, legal EXHIBIT 5 City Council 1 – 43 9/17/2024 description, and any survey obtained. The City must provide written approval of title matters by the Contingency Date. 10. Termination Right: The City has the right to terminate the Purchase and Sale Agreement if its contingencies are not met within 60 days of Oversight Board and Department of Finance (DOF) approval (Outside Date), as long as the City informs the Successor Agency through a termination notice (Termination Notice) and pays any relevant fees. 11. Seller’s Conditions: The City shall provide written confirmation to the Successor Agency that it has completed its review of the title and the condition of the property, including hazardous materials, zoning, and suitability. Additionally, the City shall ensure that the Oversight Board and DOF approvals are obtained, confirm approval of the Title Policy, and deliver all necessary documents by the agreed dates. If any contingencies are not met by the Outside Date, the Seller may terminate the Agreement, and the City shall be responsible for any title or cancellation fees unless the Seller is in default. 12. Buyer’s Deliveries to Seller: At least one business day prior to the Closing Date, the City shall deposit with the Successor Agency the Purchase Price, together with additional funds necessary to pay the City’s closing costs, proof of the City’s authority and authorization to enter into the Purchase and Sale Agreement and complete the transaction, and any other documents or items reasonably required to close the transaction as determined by the title company, as defined by the Purchase and Sale Agreement (Title Company). 13. Costs and Expenses: The City shall bear its respective costs related to the transaction, including proration of revenues and expenses associated with the Property. 14. Prorations and Withholding: The City shall prorate all revenues and expenses related to the Property as of the Closing Date, with any delinquent taxes to be settled by the Successor Agency. Successor Agency Responsibilities 1. Purchase and Sale: The Successor Agency agrees to sell the Real Property to the City for $190,000. 2. Closing without Escrow: If the Successor Agency elects to proceed without an escrow holder, the Successor Agency shall confirm that the deed can be recorded and that the Title Company, will issue the City’s Title Policy, subject to acceptable exceptions. 3. Delivery of Real Property and Formation Documents: The Successor Agency shall provide necessary documents, including tax bills, proof of authority, and other relevant property documents within 10 days after the Effective Date. EXHIBIT 5 City Council 1 – 44 9/17/2024 4. Closing Conditions: The Successor Agency shall satisfy various conditions, including title review, environmental approval, document delivery, and issuance of a title policy. 5. Title Review: The Successor Agency shall cause the Title Company to deliver a preliminary title report to the City within 10 days after the Purchase and Sale Agreement date, at the Successor Agency’s cost. The Successor Agency shall provide indemnity for the Title Company to offer a mechanics’ lien endorsement. 6. Cure Right: If the City provides a Termination Notice, the Successor Agency has five (5) business days to 1) remove or address any disapproved or conditionally approved exceptions, or 2) provide satisfactory assurances to the City that such exceptions will be resolved by the Closing Date. 7. Seller's Deliveries to Buyer: At least one (1) business day prior to the Closing Date, the Successor Agency shall deposit with the City the Grant Deed, possession of the Property free of any tenancies, proof of the Successor Agency’s authority and authorization to consummate the transaction, and any other documents or items reasonably required to close the transaction as determined by the Title Company. If these items are not delivered timely, the City may terminate the Purchase and Sale Agreement, unless the Successor Agency delivers the items within five business days of receiving the City's notice. 8. Costs and Expenses: The Successor Agency shall bear its respective costs related to the transaction, including proration of revenues and expenses associated with the Property. II. COST OF THE AGREEMENT TO THE CITY The total cost to the City for the acquisition of the Property is detailed as follows: 1. Purchase Price: The City shall pay the Successor Agency a purchase price of $190,000 for the Real Property, as determined by the Appraisal. This amount represents the fair market value of the property under its current use as a parking lot. 2. Property Acquisition Costs (Previously-Incurred Cost): After Redevelopment Dissolution, the Property was transferred via quitclaim deed from the City to the Successor Agency at no cost. The Successor Agency is now responsible for managing its disposition. 3. Closing Costs and Expenses: There will be no additional closing costs incurred by the City for the Property acquisition. 4. Total Estimated Costs: As shown in Table 2, the City will incur a total cost of $190,000 for the Property acquisition, while the Successor Agency will receive $190,000 from the sale of the Property. EXHIBIT 5 City Council 1 – 45 9/17/2024 Table 2: Total Estimated Costs Cost Successor Agency/RDA City Purchase Price ($190,000) $190,000 Property Acquisition Costs $0 - Closing Costs and Expenses $0 $0 Total Estimated Costs ($190,000) $190,000 These estimated costs provide a comprehensive view of the financial obligations the City will incur to complete the acquisition of the Property. The City has allocated funds in the amount of $190,000 for the purchase price plus closing costs in the CDA – Service Enhancement account (no. 0111817-66100) for expenditure in FY 2024-25. Upon approval by the Oversight Board and DOF, and completion of the transaction, $190,000 in proceeds from the sale will be deposited in the Redevelopment Obligation Retirement Funds Revenue account (no. 67018002-57071) and payment to the County of Orange, Auditor-Controller will be made from expenditure account (no. 67018850-69142). III. ESTIMATED VALUE OF THE INTERESTS TO BE CONVEYED DETERMINED AT THE HIGHEST USES PERMITTED UNDER THE REDEVELOPMENT PLAN HSC Section 33433 requires the Successor Agency to determine and report the market value of the Property based on the most advantageous or profitable use allowed by the current zoning regulations applicable to the Property. The valuation must assume that the property is vacant and that immediate development is required, without considering any special restrictions or conditions that could be imposed by the City in the future. The Property is currently zoned Specific Development (SD-84), which allows for numerous commercial, office, and retail uses. The Property is subject to the Parking Lease Agreement dated May 18, 1993, ensuring the future availability of 60 parking spaces exclusively for the Builders Exchange Building. In the Appraisal, the highest and best use of the Property was determined as follows: As Vacant • Legal Permissibility: The Property is zoned Specific Development – (SD-84), which permits a variety of commercial, office, and retail uses. The existing Parking Lease Agreement ensures the availability of 60 parking spaces for the Builders Exchange Building. • Physical Possibility: The Property’s physical characteristics and the availability of utilities make it suitable for the allowed uses under its current zoning. EXHIBIT 5 City Council 1 – 46 9/17/2024 • Financial Feasibility: Given the current market conditions and the existing Parking Lease Agreement, holding the property for future development is financially viable. • Maximum Productivity: Based on market and neighborhood analysis, the highest and best use of the Property, if vacant, would be for future redevelopment, including the provision of 60 additional parking spaces as required by the Parking Lease Agreement. As Improved • The Property is currently utilized as a parking lot for the adjacent office building. Most Probable Buyer • The most likely buyer would be a government agency or local developer capable of developing the Property under a joint development scenario. Based on the Appraisal, the fair market value of the Property, considering its highest and best use, is $190,000. Therefore, the estimated fair market value of the interest to be conveyed at the highest use permitted under the zoning in place for the Property is approximately $190,000. IV. ESTIMATED REUSE VALUE OF THE INTERESTS TO BE CONVEYED HSC Section 33433 also requires the Successor Agency to determine the Property’s reuse value, which reflects the Property’s worth when considering any specific requirements, conditions, and covenants that will apply to its use after it has been transferred to a new owner. This could include any legal restrictions, zoning requirements, agreements, or other factors that might affect how the Property can be used or developed in the future. The reuse value of the Property was also appraised by CBRE, Inc., taking into consideration the development conditions and covenants required by the Purchase & Sale Agreement. The Property is currently improved as a parking lot and will remain so until future development opportunities arise that comply with public benefit purposes. Reuse Value Calculation Table 3: Reuse Value with Conditions and Covenants Total Concluded Land Value $1,390,000 Less: $20,000/space * 60 spaces ($1,200,000) Total As Is Value $190,000 EXHIBIT 5 City Council 1 – 47 9/17/2024 This valuation aligns with the agreed sale price of $190,000, as established through the Appraisal. The Appraisal confirmed that the Property’s value under its current use and conditions is appropriate and reflective of the market conditions as of the date of the Appraisal. The final estimated reuse value underscores the impact of the existing Parking Lease Agreement, which significantly influences the Property's marketability and development potential. The planned transfer of the property at this value ensures compliance with the legal and financial obligations tied to the Property while facilitating its continued use for public benefit. V. CONSIDERATION RECEIVED AND COMPARISON WITH THE ESTABLISHED VALUE HSC Section 33433 requires the Successor Agency to disclose the value of the Property and ensure that it receives fair market value. This includes comparing the sale price with the highest use value allowed under current zoning and considering any conditions that affect the Property’s use after the sale. Purchase Price The purchase price of the Property is $190,000, as determined by the conducted by CBRE, Inc. on September 11, 2023. This price reflects the fair market value of the Property in its current use as a parking lot. Appraised Value The highest and best use analysis conducted by CBRE, Inc. considered the legal, physical, financial, and maximum productivity aspects of the Property. They concluded that the fair market value of the Property, under its current zoning (Specific Development – SD-84) and considering the Parking Lease Agreement dated May 18, 1993, which mandates 60 parking spaces for the Builders Exchange Building, is $190,000. This valuation is based on the assumption that the Property is vacant and available for immediate development without considering any extraordinary use restrictions. Reuse Value The estimated reuse value of the Property takes into account specific requirements, conditions, and covenants governing its use post-conveyance. The primary covenant affecting the reuse value is the Parking Lease Agreement, which requires the provision of 60 parking spaces for the Builders Exchange Building. Despite this condition, the reuse value aligns with the appraised value, establishing the Property’s worth at $190,000. EXHIBIT 5 City Council 1 – 48 9/17/2024 Consideration Received by the Successor Agency Upon completion of the transaction, the Successor Agency will receive $190,000 from the City for the sale of the Property. This amount is consistent with the appraised value, ensuring that the Successor Agency receives fair market value for the property. Cost to the City The City will incur a total of $190,000 for the acquisition of the Property. There will be no additional closing costs incurred by the City for this transaction. Comparison with Established Value The transaction is structured to ensure that the Successor Agency receives a fair market value consistent with the highest and best use appraisal. The Appraisal concluded that the value of the Property, considering its legally permissible uses and existing conditions, is $190,000. The purchase price agreed upon in the Purchase and Sale Agreement is exactly $190,000, matching the appraised value. Public Benefit The acquisition of the Property by the City will ensure the continued provision of parking spaces as mandated by the Parking Lease Agreement, benefiting the adjacent office building and its users. Furthermore, holding the Property for future redevelopment can potentially lead to further public benefits through future development projects. Conclusion The consideration received by the Successor Agency and the cost incurred by the City for the acquisition of the Property are both aligned with the appraised fair market value of $190,000. This transaction not only complies with HSC Section 33433 requirements but also ensures the fulfillment of existing agreements and can support the City’s long-term development objectives. VI. BLIGHT ELIMINATION The acquisition of the Property by the City from the Successor Agency is a strategic move to support long-term blight elimination efforts in the Central City Redevelopment Project Area. The Redevelopment Five-Year Implementation Plan (July 1, 2010 - June 30, 2015) (Implementation Plan) outlines several key goals and objectives focused on the removal of blighting conditions and the promotion of redevelopment within the area. Although the City is not currently planning to develop the Property, holding it ensures compliance with the Parking Lease Agreement and positions the City to address blight effectively in the future. The following points highlight how this transaction aligns with the goals and contributes to the overall elimination of blight: EXHIBIT 5 City Council 1 – 49 9/17/2024 • Ensuring Compliance with Existing Agreements: By acquiring the Property from the Successor Agency, the City ensures compliance with the Parking Lease Agreement dated May 18, 1993, which mandates the provision of 60 parking spaces for the Builders Exchange Building. Maintaining these parking spaces supports the functionality and attractiveness of the adjacent office building, preventing the area from falling into disuse and neglect. • Positioning for Future Development: While the City is not immediately developing the Property, holding the Property allows for strategic planning and future development opportunities. This proactive approach ensures that the Property can be developed in alignment with broader redevelopment goals when the timing and circumstances are optimal. • Preventing Further Blight: By maintaining control over the Property, the City can prevent further blighting conditions from developing. The Property’s upkeep and availability for future productive use help ensure that it does not become a neglected or underutilized area that could contribute to blight. • Encouraging Private Investment: The City’s acquisition of the Property demonstrates a commitment to the area’s redevelopment, which can encourage private sector investment. Potential investors may be more inclined to invest in nearby properties, knowing that the City is actively managing key parcels for future development. • Supporting Public Infrastructure: Although immediate development is not planned, the City’s control over the Property means that future redevelopment can include necessary public infrastructure improvements. These improvements are essential for long-term blight elimination and enhancing the area’s overall appeal and functionality. • Economic Development Potential: Holding the Property allows the City to plan for future economic development projects that could create jobs and stimulate the local economy. This potential aligns with the goals of economic growth and revitalization outlined in the Redevelopment Five-Year Implementation Plan. By addressing these aspects, the acquisition of the Property from the Successor Agency significantly contributes to the elimination of blight within the Central City Redevelopment Project Area. This transaction ensures compliance with existing agreements, supports strategic planning for future development, and aligns with the goals and objectives of the Redevelopment Implementation Plan, promoting a more vibrant, safe, and economically robust community. VII. CONFORMANCE WITH THE AB1290 IMPLEMENTATION PLAN The acquisition of the Property by the City aligns with the objectives of the Implementation Plan. This transaction supports the Implementation Plan’s goals through the following ways: EXHIBIT 5 City Council 1 – 50 9/17/2024 • Blight Elimination: Acquiring and maintaining the Property helps prevent blighting conditions by ensuring it remains in use and well maintained. This proactive measure supports the physical and economic health of the area. • Promoting Future Development: While the City does not have immediate development plans, holding the Property enables strategic planning for future redevelopment. This aligns with the Implementation Plan’s goal to promote the highest and best use of available land. • Encouraging Investment: The City’s management of the Property demonstrates a commitment to redevelopment, which can attract private sector investment to the area. This aligns with the Implementation Plan’s objective of fostering economic growth through public-private partnerships. • Public Infrastructure: Future redevelopment of the Property could include public infrastructure improvements, enhancing the area’s overall appeal and functionality. This supports the Implementation Plan’s goal of improving public facilities and infrastructure. • Economic Development: The Property’s future redevelopment potential supports long-term economic development goals by creating opportunities for new businesses and jobs, stimulating the local economy. • Strategic Land Use Planning: Acquiring the Property allows the City to plan its use strategically, ensuring that any future development aligns with the community’s needs and the General Plan’s objectives. By acquiring the Property, the City aligns with the Implementation Plan’s goals, ensuring compliance with existing agreements, supporting future strategic planning, and contributing to the long-term redevelopment and revitalization of the area. This transaction promotes a vibrant, economically robust, and well-planned community. EXHIBIT 5 City Council 1 – 51 9/17/2024 Property Location: APN 398-601-02; Third and Main Street Property Use: Parking Lot Agreement for 60 Spaces Square Footage: 27,830 Property Description: Property is located on the Southwest Corner of Third Street and Main Street. The property has a property maintenance license and revocable access easement agreement which includes “exclusive access to sixty (60) parking spaces”. EXHIBIT 6 City Council 1 – 52 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: CLTA Preliminary Report Form – Modified (11/17/06)Page 1 Issuing Policies of Fidelity National Title Insurance Company Order No.: 997-30119105-B-TS4 TO: Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 ATTN: Julie Castro YOUR REFERENCE: Main Office Line: (949) 622-5000 Title Officer: Thomas Szopinski (MA) Title Officer Phone: (949) 622-4940 Title Officer Fax: Title Officer Email: TSTeam@fnf.com PROPERTY ADDRESS: Third Street and Main Street, Santa Ana, CA AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a Florida Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Authorized Signature EXHIBIT 7 City Council 1 – 53 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: CLTA Preliminary Report Form – Modified (11/17/06)Page 2 AMENDED PRELIMINARY REPORT EFFECTIVE DATE:June 18, 2024 at 7:30 a.m., Amended: July 10, 2024, Amendment No. B ORDER NO.: 997-30119105-B-TS4 The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: THE CITY OF SANTA ANA as Successor Agency to the former Community Redevelopment Agency 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. EXHIBIT 7 City Council 1 – 54 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 3 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 4 OF TRACT MAP 16217, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 833, PAGES 48 THROUGH 50 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 398-601-02 EXHIBIT 7 City Council 1 – 55 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2024-2025. B. There were no taxes levied for the fiscal year 2023-2024 as the property was vested in a public entity. C. An assessment by the improvement district shown below: Assessment (or Bond) No: None Shown Series:None Shown District:246 For:Public facilities Bond issued:None shown Said assessment is collected with the county/city property taxes. And as disclosed by an Assessment District Map filed in Book 20, Page 43 of Assessment Maps, as Instrument No. 29827 of Official Records. Note: An instrument entitled “Notice of Assessment” recorded September 24, 1981 in Book 14232, Page 93 and re-recorded November 25, 1981 in Book 14299, Page 1435 both of Official Records. Reference is hereby made to said document for full particulars. D. An assessment by the improvement district shown below: Assessment (or Bond) No: None Shown Series:None Shown District:City of Assessment District #01 Downtown Santa Ana Community Management District For:As provided therein Bond issued:None Shown Said assessment is collected with the county/city property taxes. E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Any restrictions covering the future use of said land, as disclosed by a “Statement for a Redevelopment Project”, recorded in Book 10807, Page 9 of Official Records, covering the herein described and other land. EXHIBIT 7 City Council 1 – 56 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 5 3. Matters contained in that certain document Entitled:Parking Space Agreement Recording Date: September 14, 1993 Recording No: 93-0618149, of Official Records Reference is hereby made to said document for full particulars. Document(s) declaring modifications thereof recorded May 8, 2001 as Instrument No. 20010290580 of Official Records. 4. Matters contained in that certain document Entitled:Landlord’s Agreement Recording Date: December 5, 1995 Recording No: 19950536431, of Official Records Reference is hereby made to said document for full particulars. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Prohibiting construction of any “Buildings” purposes Affects:A portion of said land Note: Such restriction shall not prohibit the installation of lights standards, monument signs, unroofed trash enclosures, benches, or similar common area improvements which are not intended for occupancy. Any modification of said easement or said restrictions will require prior approval by the building official of the City of Santa Ana. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Ingress/Egress, drainage, parking and utility purposes Affects:A portion of said land 7. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:Ingress/Egress, drainage and utility purposes Affects:A portion of said land 8. The reservation of an easement as shown and granted by the City of Santa Ana on the map of said tract. For: Encroachment of building lighting fixtures into the existing public right of way purposes. Over: A portion of Second Street, and Sycamore Street EXHIBIT 7 City Council 1 – 57 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 6 9. Recitals as shown on that certain Tract No. 16217 Recording No: in Book 833, Pages 48 through 50 inclusive of maps Which among other things recites: For condominium purposes. Reference is hereby made to said document for full particulars. 10. The recital on the map of said tract, Covenants, Conditions and Restrictions are to be recorded prior to the completion of construction of any buildings on the land to address ingress/egress, cross-lot drainage, utilities, emergency vehicle access, parking and maintenance for these and other incidental purposes including, but not limited to, landscaping and irrigation. 11. Matters contained in that certain document Entitled:Private Disposition and Development Agreement Recording Date: September 18, 2002 Recording No: 200202799527, of Official Records Reference is hereby made to said document for full particulars. 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Adelphia Purpose:Cable television system Recording Date: February 14, 2003 Recording No: 2003000171298, of Official Records Affects:A portion of land 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Edison Company Purpose:Public utilities Recording Date: April 9, 2003 Recording No: 2003000394599, of Official Records Affects:A portion of the land 14. Matters contained in that certain document Entitled:Property Maintenance License and Revocable Access Easement Agreement Dated:October 11, 2019 Executed by:the Successor Agency to the Former Community Redevelopment Agency of the City of Santa Ana and Swinerton Recording Date: October 16, 2019 Recording No: 2019000404170, of Official Records Reference is hereby made to said document for full particulars. 15. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. EXHIBIT 7 City Council 1 – 58 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 7 16. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. In order to delete the survey exception shown above, a satisfactory survey of the subject Land, which complies with the minimum standards for land surveys made for title insurance purposes, is to be furnished to the Company. The Company reserves the right to add additional items as disclosed by the survey, or make further requirements after review of the requested documentation. 17. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 18. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 19. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 20. Any claim that the transaction vesting the Title as shown in Schedule A or creating the lien of the Insured Mortgage, or any other transaction occurring on or prior to Date of Policy in which City of Santa Ana Community Redevelopment Agency or its successors transferred, acquired, or made any agreement affecting the title to or any interest in the Land, is void or voidable, or subject to termination, renegotiation, or judicial review, under California Assembly Bill 26 (Chapter 5, Statutes of 2011-12, First Extraordinary Session) and California Assembly Bill 1484 (Chapter 26, Statutes of 2011-12), as presently amended. 21. The transaction contemplated in connection with this Report is subject to the review and approval of the Company’s Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review. PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS EXHIBIT 7 City Council 1 – 59 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 CLTA Preliminary Report Form – Modified (11/17/06)Page 8 REQUIREMENTS SECTION 1. This Company will require evidence of compliance with the statutory limitations incident to the governmental agency named below, with reference to any conveyance of an interest in the Land this Company will be asked to record and/or rely upon in the issuance of any form of title insurance. Governmental agency: the City of Santa Ana as Successor Agency to the former Community Redevelopment Agency 2. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s):All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 3. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS EXHIBIT 7 City Council 1 – 60 9/17/2024 CLTA Preliminary Report Form – Modified (11/17/06)Page 1 INFORMATIONAL NOTES SECTION 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner’s Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. EXHIBIT 7 City Council 1 – 61 9/17/2024 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 997-30119105-B-TS4 INFORMATIONAL NOTES (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 2 E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 6. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Thomas Szopinski (MA)/ng EXHIBIT 7 City Council 1 – 62 9/17/2024 Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov EXHIBIT 7 City Council 1 – 63 9/17/2024 Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: Notice of Available Discounts (Rev. 04-11-24)Last Saved: July 10, 2024 by KM2 MISC0343 (DSI Rev. 04/18/24)Order No.: 30119105-997-MAT-TS4 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California CTIC – Chicago Title Insurance Company TICOR – Ticor Title Company of California LTC – Lawyer’s Title Company SLTC – ServiceLink Title Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the di saster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. MILITARY DISCOUNT RATE Upon the Company being advised in writing and prior to the closing of the transaction that an active duty, honorably separated, or retired member of the United States Military or Military Reserves or National Guard is acquiring or selling an owner occupied one-to-four family property, the selling owner or acquiring buyer, as applicable, will be entitled to a discount equal to 15% of the otherwise applicable rates such party would be charged for title insurance policies. Minimum charge: $425.00 The Company may require appropriate proof of eligibility from the parties to the transaction verifying they are entitled to the discount as described. No other discounts or special rates, or combination of discounts or special rates, shall be applicable. EXHIBIT 7 City Council 1 – 64 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 1 Order No. 30119105-997-MAT-TS4 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective July 1, 2024 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); biometric data (e.g., fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics; and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following categories of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: EXHIBIT 7 City Council 1 – 65 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 2 Order No. 30119105-997-MAT-TS4 To provide products and services to you or in connection with a transaction involving you; To improve our products and services; To prevent and detect fraud; To maintain the security of our systems, tools, accounts, and applications; To verify and authenticate identities and credentials; To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently; To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose the categories of Personal Information and Browsing Information listed above for the following purposes: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For additional information about your Oregon consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. We may disclose the categories of Personal Information and Browsing Information listed above to the following categories of third parties: EXHIBIT 7 City Council 1 – 66 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 3 Order No. 30119105-997-MAT-TS4 • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. For Texas Residents: For additional information about your Texas consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. We may disclose the categories of Personal Information and Browsing Information listed above to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service providers; • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. For Utah Residents: For additional information about your Utah consumer privacy rights, or to make a consumer privacy request, please call (888) 714-2710. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email privacy@fnf.com or call (888) 714-2710. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent to this Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue EXHIBIT 7 City Council 1 – 67 9/17/2024 FNF Privacy Statement (Eff. July 1, 2024)Copyright © 2024. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/02/2024)Page 4 Order No. 30119105-997-MAT-TS4 Jacksonville, Florida 32204 Attn: Chief Privacy Officer EXHIBIT 7 City Council 1 – 68 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 1 Order No. : 30119105-997-MAT-TS4 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 (11-09-18) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER’S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: EXHIBIT 7 City Council 1 – 69 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 2 Order No. : 30119105-997-MAT-TS4 a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PART I 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. PART II (Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You; EXHIBIT 7 City Council 1 – 70 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 3 Order No. : 30119105-997-MAT-TS4 d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21. 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar EXHIBIT 7 City Council 1 – 71 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 4 Order No. : 30119105-997-MAT-TS4 Your Deductible Amount Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $5,000.00 ALTA OWNER’S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B EXHIBIT 7 City Council 1 – 72 9/17/2024 Attachment One – CA (Rev. 11-04-22)Last Saved: 7/10/2024 3:38 PM by KM2 MISC0267 (DSI Rev. 3/16/23)Page 5 Order No. : 30119105-997-MAT-TS4 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. EXHIBIT 7 City Council 1 – 73 9/17/2024 EXHIBIT 7 City Council 1 – 74 9/17/2024 Owner’s Declaration Printed: 6/27/2017 2:26 PM by KM2 MISC0220 (DSI Rev. 10/17/17)Page 2 Escrow No. : 30119105-997-MAT OWNER'S DECLARATION Escrow No.:30119105-997-MAT-TS4 Property Address:Third Street and Main Street Santa Ana, CA 92701 The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at Third Street and Main Street, Santa Ana, CA 92701, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at Third Street and Main Street, Santa Ana, CA 92701, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: ___________________________________________________________________________________ 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________. Signature:________________________________ EXHIBIT 7 City Council 1 – 75 9/17/2024 Owner’s Declaration Printed: 6/27/2017 2:26 PM by KM2 MISC0220 (DSI Rev. 10/17/17)Page 3 Escrow No. : 30119105-997-MAT EXHIBIT 7 City Council 1 – 76 9/17/2024