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HomeMy WebLinkAbout65A - MATER DEI UPDATE• • CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: MATER DEI APPENDIX ANALYSIS AND UPDATE (STRATEGIC PLAN NO. NOT APPLICABLE) CITY MANAGER -0 CLERK OF COUNCIL USE ONLY: -9 a N54 s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO `�(} FILE NUMBER On March 15, 2016, the City Council approved an amendment to the Mater Dei Development Agreement. Mater Dei independently submitted an Appendix to be included for consideration at that evening's scheduled Council Meeting. As insufficient - notice was given, the City Manager recommended that the Appendix not be approved due to concerns over the cost of the project, the potential for an unfunded liability, legal requirements that place a burden on the City, and increased liability in other areas. The City Council subsequently directed staff to analyze the Appendix and bring it back to a City Council Meeting in 60 days. Councilmember Reyna recommended that this request be included in the context of the budget process. Mayor Pro Tern Sarmiento requested a 60 day period for staff and Mater Dei to provide accurate budget costs. During the Mater Dei public comment on March 15, 2016, Patrick Murphy, President of Mater Dei, referenced the 1999 Amendment when the City previously paid for similar types of improvements as those currently being requested in the Appendix. During the research of the 1999 Amendment, staff was able to identify $550,000 in reimbursements made by the City to Mater Dei. Staff has not been able to substantiate the source of funding for that expenditure, although it appears that Gas Tax fund was most likely used. Mater Dei has subsequently provided a revised project cost of $5 million. This is substantially higher than originally estimated by Mater Dei (e.g. $2.5 to 3 million). Mater Dei has reduced their request to a not to exceed amount of $2.5 million. At this time only General Fund dollars would be available for a private development, such as the one being proposed. Mr. Murphy did indicate that if the City Council did not approve the funding request associated with Appendix 1, the school will raise the additional funds necessary to complete the project. RECOMMENDED ACTION 1. Receive and file the Mater Dei Update; and 2. Consideration of the following options and provide direction accordingly: 65A -1 Mater Del May 17, 2016 Page 2 a. Fund the Mater Del Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget by $2.5 million) b. Fund the Mater Del Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) c. Consider the Mater Del funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decision would be done in the context of the budget process included with other city needs and economic conditions. d. Do not approve the Mater Del Appendix request. DISCUSSION Mater Del High School has been located in the City of Santa Ana since 1960. During that time the City and Mater Del has worked collaboratively to make Mater Del a landmark in the community. At the March 15, 2016 City Council Meeting, the Mayor and City Council approved the Mater Del School Parking Structure and School Expansion Project, which amended the existing Development Agreement. Mater Del subsequently presented the Mayor and City Council with a proposed Appendix that would make further changes to the Development Agreement. Staff was directed to analyze the Appendix. A brief historical reference of the development agreement is provided below. 1995 Agreement Development Agreement (NS -2260) approved for Mater Del H.S. expansion project (25 year term). Key points of the DA: • Allowed campus expansion via several parcels on east side of Baker Street • City to vacate portions of Baker, Stanford and Pomona Streets and Edinger Avenue • Construction of drainage improvements on Pomona and Stanford Streets by City per DA Sections 7 and 11 • Dedication of land by Mater Del to City for certain improvements 1999 First Amendment First Amendment to Development Agreement (NS -2389) • Modified permitted uses section (Section 3) to allow parking lot use on additional parcels • Modified Special Development Standards section (Section 4) to clarify location of setbacks, site access, access gates, fences, parking lot lighting, circulation management plan and graffiti removal. 65A -2 Mater Dei May 17, 2016 Page 3 • Modified Non - vested City Laws and Regulations section (Section 6) to allow TSIA credit for demolition of any existing structure and clarified the timing of the payment of drainage area fees. • Modified Dedications and Street Improvements section (Section 7) to require City to make median changes on Edinger Avenue, City prepares traffic analysis for traffic signal, and identified phasing of off -site improvements. • Modified Street vacations section (Section 11) to reduce timeline for City to complete various improvements and require City to install street lights. • Added Reimbursement section (Section 11.5) • Added Exhibits section (Section 22) • Added Hold Harmless section (Section 23) 2016 Second Amendment Mater Dei High School is proposing to expand its campus and construct a new three - level, 990 - space parking structure and a 30,820 square -foot, two -story academic building with 32 classrooms on the school campus. With the addition of the classroom building and parking structure projects, the campus will ultimately contain a total of 267,146 square feet of building area and 1,396 on -site parking spaces. To accommodate the parking structure, Mater Dei is in the process of acquiring 19 single - family lots at the southeast section of the site. The purchase of the lots, in conjunction with the proposed street vacations and utility relocations will add an additional four acres to the school site. In an effort to simplify the development agreement, staff has consolidated and updated the original agreement (1995), the first amendment (1999), and the adopted (2016) second amendment into a single document. Mater Dei Appendix Request Mater Dei submitted their requests for additional items to the Development Agreement via a proposed Appendix. This appendix includes among other items, requests for the City to perform the following: • Street Vacation, Title Work, Mapping, and Processing of the street right of way (Section 11) • Construction and Engineering work associated with the street removal /realignment • Street removals and construction (Section 7.b.ii) • Drainage construction (Section 7.b.iii) • City Utility, sewer and water, relocation (Section 7.b.ii) • Third Party utility relocation (Section 7.b.ii) • Left -turn signal timing on Monarch Way and Edinger (Section 7.b.v) 65A -3 Mater Dei May 17, 2016 Page 4 Staff Review Staff from the Public Works Agency, City Attorney's Office and the City Manager's Office conducted an analysis of Appendix 1 as presented. Should the City Council desire to move forward with any or all of the requests, staff would recommend an amendment to the Development Agreement rather than an appendix. This would provide clarity and protect against potential inconsistencies between the Development Agreement and the Appendix. The language in section 11(a) is not advisable because it would likely require the City to expedite construction, which could increase the overall cost of the project. Additionally, it would leave the City open to liability if it was not possible to complete the work in the time frame proposed. Section 11.5 is also not advisable because it would give Mater Dei complete control over the work, which could lead to increased costs for the City. In such a reimbursement arrangement, Mater Dei could take over the work, use any contractor they chose, and require the City pay the cost without a predefined limit. This would become an unfunded liability to the City. The City Manager requests a super majority vote as the future funds would most likely be reserve funds. Should the Mayor and City Council decide to move forward, staff would recommend that a predetermined amount be identified and that the developer be responsible for completing the work as was previously done with the 1999 Amendment. The City has fulfilled its promise to the original agreement, the first amendment, and throughout the development of the second amendment. Staff did not promise or agree to any of the requests within the Mater Dei Appendix request. During the Site Plan Review phase of the project, the concept of City financial participation was not raised, and notes were added to the site plan specifying that all improvements needed for the project were to be constructed at the sole expense of the developer. STRATEGIC PLAN ALIGNMENT Not applicable. FISCAL IMPACT The fiscal impact will vary depending on the Mayor and City Council's direction. Below are potential fiscal impacts for the three options presented as part of the recommended options. a. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget) • This action would require the City Manager to adjust the General Fund Proposed Budget by the total not to exceed amount. In this case, programs, services, and staffing would be impacted by a direct amount allocated to this Development Agreement. An exact proposal would be included as part of the City Manager's Proposed Budget for City Council consideration and approval. This would be the first time in three years that programs would be reduced or cut. 65A -4 Mater Dei May 17, 2016 Page 5 • However the City of Santa Ana has identified significant needs in the areas of Public Safety ($3.3 million) and Economic Development ($3 million), and the City has not yet added back Police Officers reduced during the recession. b. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) • This action would require a reduction to the City's General Fund Reserve balance. Currently the City has a General Fund balance target of 20 %. Although staff would recommend assigning the corresponding amount in the reserve, the General Fund Reserve would be reduced. In order to continue to meet the General Fund Reserve target, staff would need to reduce and /or cut programs and services. The reserve could be left at the lower amount, however it is not recommended as the recent AA general credit rating by Standard & Poors included the 20% reserve level. The City Council would need to authorize such a reduction of the General Fund Reserve Fund. c. Consider the Mater Dei funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decisions should be done in the context of the budget process included with other City needs. • There would be no immediate fiscal impact by this action. Funding would be evaluated at a future date. • While this option does not provide certainity to Mater Dei, the option allows the City of Santa Ana to make a funding decision during the budget process. This is especially significant in that FY 16 -17 is a year involving new labor and management negotiations. Staff recommends option C. This provides the City with the ability to make funding considerations in the context of priorities throughout the City. 65A -5 65A -6 June 7, 2016 City Council Meeting Correspondence 65A - MATER DEI APPENDIX ANALYSIS AND UPDATE Date of Sender /Representative Agency Corresp. 1. 3/14/2016 Patrick Murphy, President Mater Dei High School Additional Correspondence: In Opposition 2, 5/14/2016 Terra Brett 3, 5/14/2016 Daniel Ortega 4, 5/14/2016 M Ashley 5. 5/14/2016 Yana Minchaca 6, 5/14/2016 Omar Dominguez 7, 5/14/2016 Oralia Gomez $, 5/15/2016 Carolyn Hoerling 9, 5/15/2016 Jacinta Garcia 10. 5/16/2016 Saida Lopez 11. 5/16/2016 Elizabeth Connolly 12. 5/16/2016 Connie Hamilton 13. 5/16/2016 Bobi Keenan Additional Correspondence: In Favor 14. 5/15/2016 Lydia Picasso 15. 5/27/2016 Rev Edward Poettgen Pastor of Immaculate Heart of Mary Church 16. 06/02/2016 Kathleen Kelly Mitre - Ramirez, Norma From: Murphy, Patrick <PMurphy @materdei.org> Sent: Monday, March 14, 2016 11:10 AM To: Huizar, Maria Subject: Mater Dei High School Commitment to the Santa Ana Community Document Attachments: Mater Dei High School City Council 3.15.16[1].pdf Maria, I am sending you this document as Santa Ana City Clerk to ask you to include it in the packet for each City Council member in preparation for the presentation by City Staff on the Mater Dei High School redevelopment project, which is on the agenda for the March 15, 2016 Santa Ana City Council Meeting. In addition, in a few moments, I will be sending you an additional file entitled "Appendix #1 to the 2nd Amended and Restated Development Agreement" that I would also ask be included in the packet for each City Council member for the purposes of this agenda item at tomorrow night's City Council Meeting. Thank you so much Maria. Patrick Murphy President Mater Dei High School 65A -8 65A -9 MATER DET HIGH SCHOOL Mater Dei High School's Commitment to the Santa Ana Community 20% of MD enrollment is from Santa Ana ( a significant portion of the $5 million commitment to Need Based Financial Aid is granted to Santa Ana students /families ) Mater Dei has a longtime commitment to Community Service and helping those in need. The 2015 Graduating Class completed over 70,000 hours of volunteer service with a majority completed in Santa Ana. The following agencies /organizations have been the recipients: 1. Parishes of Christ Our Savior, St. Joseph, St. Anne, MD students assist with religious education, altar service, festivals 2. KidWorks • MD Girls Soccer has a youth clinic • Students assist with tutoring • Beneficiary- MD Annual Christmas Toy Outreach 3. Santa Ana Police Athletic and Activity League • MD Students assist in various activities and events with youth 4. Santa Ana /Fullerton Armory • MD Students assist with setup and meals for homeless S. Boys and Girls Club of Santa Ana • MD Students assist with after school tutoring and activities 6. Delhi Center MD Students assist in the after school Mathletics program MD Students assist with music and dance classes 7. Isaiah House • MD Students assist with meals, visiting the residents, serve meals to homeless and guests of the house. 8. Santa Ana Pop Warner • MD students assist youth football and cheer teams 9. VFW (Veterans of Foreign Wars) Hall • MD Students assist with setup and serving at events 65A -10 10. Discovery Cube of OC • MD Students volunteer as docents and demonstrators at various events at the Science center 11. Bowers Museum • MD Students volunteer at various events and fundraisers for the museum 12. Multiple Health Care /Medical Centers in Santa Ana 13. Santa Ana Family YMCA • MD Students (teams and clubs) make blankets for the elderly and children in Santa Ana 14. Big Brothers Big Sisters OC • MD Students serve as mentors for at risk youth 15, SA Youth Soccer and Baseball • MD Students assist with snack bar, field and facility prep as well as assistant coach 16. Mercy House 17. Blind Children's Learning Center 18. Assistance League of Santa Ana 19. Think Together 20. Olive Crest 21. Boy Scouts of America 22. Orangewood Children's Foundation 23. Taller San Jose 24. The Wooden Floor 25. Get on the Bus Support Program 65A -11 3. Use of MD Facilities by Santa Ana Community *indicates Santa Ana -based organization * *indicates open to /serves Santa Ana community *Catholic Deaf Community • Hearing Impaired Religious Education Program WISEPlace Bolt Kettlebell National Championship • Kettlebell Competition Junior Olympics Boys Water Polo Tournament • Youth Water Polo Tournament Golden Star Soccer - Santa Ana Adult Soccer League * *Diocese of Orange Ministries Celebration • Diocesan Religious Education Conference * *Down Syndrome Association of Orange County Halloween Party • Down Syndrome Community Social Event *Continental Soccer - Santa Ana Adult Soccer League * *RAD Camp Christmas Party Disabled Community Social Event Trinity Bat Company Home Run Challenge Baseball Charity Event United States Catholic Conference of Bishops Spanish Pro -Life & Evangelization Conference • Religious Education Conference KAP7 Turbo Cup • Youth Water Polo Tournament Masters Track & Field Meet • Adult Track & Field Meet * *4- Vertical Football Youth Passing League Practices * *Matt Leinart Foundation Urban Youth Football League • Low -Socio Economic Communities Football Program * *Diocesan Youth Conference High School Religious Education Conference 65A -12 * *RAD Camp Coffee House • Disabled Community Social Event 4. Potential Future Use of MD Performing Arts Center by Santa Ana Community Groups • St. Joseph Ballet • The Wooden Floor • Parishes and Schools of Christ Our Savior, St. Joseph, St. Anne • Pacific Chorale • Arts Orange County • KidWorks • Orange County Children's Therapeutic Arts Center • Arts and Culture Commission of Santa Ana ( as liaison ) • Catholic Charities • Immaculate Heart of Mary Parish • Boys & Girls Club 65A -13 APPENDIX #1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Appendix supplements that certain Second Amended and Restated Development Agreement (the "Second Amendment ") dated as of 2016, by and between the CITY OF SANTA ANA ( "City ") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION ( "Developer "). City and Developer hereby supplement the Second Amendment as follows: A. The second sentence of Section 1 of the Second Amendment is hereby deleted in its entirety and replaced with the following new sentence: "This Second Amendment pertains initially to the Original Parcel and Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and all necessary Street Vacations, Lot Mergers and /or Tract Maps, Zoning Amendment Applications and General Plan Amendments, as applicable, are processed by City in order to match the zoning on the Original Parcel with the Additional Parcels." B. Sections 7 and 11 of the Second Amendment are hereby deleted in their entirety and replaced with the following new Sections 7, 11 and 11.5: Dedications, Street Improvements, Parking Structure and Performing Arts Center. (a) Developer shall dedicate a 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian Plaza as identified on that certain "Master Plan Update" for Mater Dei High School prepared by The Austin Company (Project No. 08- 101671301), including the Preliminary Grading & Drainage Plan, the Preliminary Wet Utility Plan, the Preliminary Dry Utility Plan, the Modular Wetland Systems detail and the Parking Space & Area Summaries, all prepared under The Austin Company's Project No. 08- 10167D0I (collectively, the "Site and Development Plan "). The dedications and easements described in this subsection 7(a) shall be made by Developer prior to the issuance of any building permit for any new building to be constructed on the Property. The installation of improvements for the parking lot area, including, but not limited to, the storm drains, curb and gutters, pavement, street lights, parkway culverts where necessary as determined by the Public Works Agency, sidewalks, and drive approaches shall be the responsibility of City, in accordance with Sections 11 and 11.5 of this Second Amendment. Developer is authorized, at Developer's option, to construct the public improvements on behalf of City and then be reimbursed by City for the costs incurred by Developer, pursuant to Section 11.5 of this Second Amendment. City shall bear the cost of the preparation of a traffic analysis for the proposed traffic signal at the main entrance to the school on Edinger Avenue at Baker Street. City shall also bear any and all costs related to the design and installation of said traffic signal. Developer agrees to make the dedication referenced in subsection 7(a), above, without payment from City in consideration of receiving City's approval of this Second Amendment. SMRH:475724784.2 65A -14 No other dedications of land will be required by City in connection with the Development during the Tenn. However, nothing herein shall be construed to limit City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. (b) The parking structure, the new Performing Arts Center and other on -site building improvements are to be completed by Developer at Developer's sole cost and expense as generally described in the Site and Development Plan. Those off -site improvements described in subsections 7(b)(i) and (iv) below shall also be completed by Developer at its sole cost and expense. Those off -site improvements described in subsections 7(b)(ii), (iii) and (v) below shall be completed by City at City's sole cost and expense: (i) Installation of a traffic signal and crosswalk at Bristol Street and St. Andrew Place, plus a dedicated right -turn lane along westbound St. Andrew Place at Bristol Street; (ii) Completion of abandonment and associated utility relocations for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley; (iii) Completion of drainage improvements and storm drains; (iv) Modification of a four -way stop at the intersection of St. Andrew Place and Baker Street; and (v) Updated left -turn signal timing at the Edinger Avenue and Monarch Way intersection for entry into the Mater Dei campus. 11. Street Vacations, Utility Relocations and Related Improvement Work. City shall, at its sole cost and expense, vacate and abandon City's right of way easements over Baker Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are included on or about Additional Parcel No. 4, as shown in Exhibit 8 attached hereto and incorporated herein by this reference. City shall, at its sole cost and expense, remove street improvements from all vacated streets and construct public drainage improvements in the area of the drainage easement granted to City by Developer pursuant to Section 7 hereof, in accordance with the following terms and conditions: (a) The street removal and drainage improvement work described above shall all be completed by City prior to the last of the following dates: (i) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has acquired title to all the Additional Parcels (provided Developer has in fact acquired such title); sMRIi:4757247842 65A' 1 5 (ii) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has removed all improvements from Additional Parcel No. 4 (provided Developer has in fact removed such improvements); and (iii) The date occurring one (1) year after the date on which Developer dedicates the drainage easement specified in subsection 7(a) hereof to City. (b) City shall be responsible for the removal and /or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this Section 11, without cost to Developer (other than costs for any new utility connections which may be necessary). (c) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be storm drains and surface drainage facilities, or their equivalent, as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as otherwise approved by City's Engineering Division. It is further understood that such surface drainage improvements may not be sufficient to filly protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer may install an underground piped drainage system within the school property and may connect to any existing City drainage facility. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a landscaped area. Developer shall provide City with a surface drainage easement for public water flowing across the private parking area. (d) City shall, at its sole cost and expense, prepare plans for and remove street improvements from the vacated streets, relocate utilities and construct public drainage improvements in the area of any drainage easement granted to City by Developer pursuant to Section 7 of this Second Amendment, in accordance with the following terms and conditions: (1) The traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel No. 4, acceptable to the Public Works Agency. (2) Said street removal, utility and drainage improvement work shall be completed by City within the same time parameters as set forth in Section 11(a), above. (3) City shall be responsible for plan preparation, removal and /or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this Section 11, without cost to Developer. If, at the design development stage, City determines that street lights are required as a result of the termination of Berkeley Street or Occidental Street, City shall design and install the street lights within the context of standard spacing requirements utilized citywide. SMRI- 1:4757247842 6 5A3' 1 6 (4) Once all required street vacations are completed, the Additional Parcels shall be merged with the Original Parcel into a single new parcel by means of a lot consolidation process. Developer shall file, process and record the lot consolidation. The lot consolidation shall be completed prior to the issuance of building pen-nits. (5) City shall retain existing utility easements for sewer, water, drainage and maintenance purposes within the newly consolidated parcel as shown on Exhibit 7 attached hereto. Developer shall allow City access to all City utility easements within the former street rights -of -way abandoned for the Project, where necessary as determined by the Public Works Agency. If Developer denies such access to City, then Developer shall hold City harmless against damages and all other claims resulting from the condition of City utilities which City was unable to repair or maintain because of such lack of access. (6) It is understood and agreed that the drainage improvements to be installed by City in the drainage easement shall be storm drains and surface drainage facilities as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as approved by the Public Works Agency. City may, at City's sole cost and expense, install an underground piped drainage system within school property. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage. (7) City shall, at City's sole cost and expense, relocate the four utility poles, guy wires and associated utility lines located between Berkeley Street and Occidental Street, and between Occidental Street and St. Andrew Place, as shown on Exhibit 10 attached hereto and incorporated herein by this reference. 11.5 Developer's Reimbursement Option. If Developer determines that City's timeline for completion of some or all of the off -site improvements to be completed by City pursuant to this Second Amendment may not result in completion prior to commencement of school operations, then Developer may, at its option, notify City in writing that Developer has elected to take over construction of some or all of such off -site improvements, in which case the following shall apply: (a) In the event Developer elects to undertake construction of some or all the off -site improvements pursuant to this Section 11.5, City shall reimburse Developer for all costs and expenses so incurred by Developer. Developer shall submit progress payment invoices to City for the actual costs of construction. Payment by City shall be within 30 days after receipt of each invoice, subject to City accounting procedures. Final payment shall occur after all off - site improvements being constricted by Developer are completed and accepted by the Executive Director of the Public Works Agency. (b) Bidding Requirements. SMRH:475724784.2 65A;-1 7 Developer shall enter into contracts for the constriction of any off -site improvements which Developer elects to construct. City shall approve the award of any such contract to the lowest responsible bidder. Developer's bid package shall: (i) Require use of prevailing wage rates for off -site pubic improvements; (ii) Use City approved bid package; (iii) Employ bidding process in accordance with City procedures per Santa Ana Municipal Code § 2 -805; (iv) Require that all change orders for off -site public improvements shall be approved in writing by the Executive Director of the Public Works Agency prior to the commencement of work; and (v) Provide that the bids shall be delivered under seal directly to City. Alternatively, should City and Developer jointly elect, the off -site public improvements maybe bid and contracted for using the "management contract method." Should Developer propose use of the management contract method for such improvements, it shall identify in writing a proposed management contractor. Upon receipt of this request, the Executive Director of the Public Works Agency shall review such proposal within three (3) working days. Should the parties choose to utilize the management contract method for construction of the off -site public improvements, the bidding requirements, as set forth above, shall be modified so that separate bids shall be submitted to City for each trade. The management contractor shall perform none of the construction itself unless it is awarded a separate contract therefore as the lowest responsible bidder in subsequent bidding under the procedures set forth above. (c) Constriction Requirements Developer shall carry out the design, construction and the operation of the off -site improvements in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Property is located, and any other political subdivision, agency, or instrumentality exercising jurisdiction over City, Developer or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, City zoning and development standards, City permit and approvals, building, plumbing, mechanical and electrical codes, as they apply to the off -site improvements, and all other provisions of City and its Municipal Code and all applicable disabled and handicap access requirements, including, without limitation, the Americans with Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq. and the Unruh Civil Rights Act, Civil Code § 51 et seq. (Governmental Requirements). Developer explicitly acknowledges that construction of the public off -site improvements shall be subject to the requirement that Developer shall pay "prevailing wage" rates pursuant to Labor Code § 1720 et seq. and that this standard shall constitute one of the Government Requirements. SMRH:4757247842 65W-1 8 Alcala, Abigail From: Terra Brett <terrabrett @gmail.corn> Sent: Saturday, May 14, 2016 10:42 AM 7o: !City Council Subject: Mater Dei to get city funding I just wanted to drop a line to tell you I am a homeowner in Santa Ana and I do not support the city giving any money to Mater Dei. We have much more important things to spend our scarce city funds on, I would be happy to contribute ideas I'd needed. Serve the city, not a private school. Terra Brett 65AA 9 Alcala, Abigail From: daniel ortega <deo513@gmaitcom> Sent: Saturday, May 14, 2016 10:45 AM To: !City Council Subject: Dont give in giving $$ To mater d,ei , no respect 65Ay20 Alcala, Abigail Prom: mashley1495 @yahoo.com Sent: Saturday, May 14, 2016 1:15 PM To: !City Council Subject: Mater Del Hopefully you guys don't do as Mater Del wants and fund for an expansion because that will not be fair to our community. As the article says, many don't even live in Santa Ana and taking away Santa Ana's property for them would be absurd. 65A -21 Alcala, Abigail From: Yana Minchaca <ym12am @gmai1.com> Sent: Saturday, May 14, 2016 1:37 PM To: !City Council Subject: MD Funding No! The public fanding is for the PUBLIC. Not a private school. I'm sorry but if they move out then so be it. Most of the kids axe from out of the city. No way in hell we should give them our money. Use it on school programs in Santa ana to keep the lids from joining gangs. We need It more than a parking lot. Think about it. 65A122 Alcala, Abigail From: cafeta630 <cafeta630 @yahoo.com> Sent: Saturday, May 14, 2016 5:58 PM To: !City Council Subject: No Funds For Mater Del My Dearest City Council, As a lifelong resident of Santa Ana, I feel that as representatives of our city you have gone too far. How can you even think of giving Mater Dei 2.5 million dollars!!! Our own public schools can use that money! Mater Dei can afford to pay for it themselves. As MX representatives, I ask that you DO NOT give Mater Dei any money!! 1! Sincerely and extremely aggravated, Omar Dominguez cafeta,630@vahoo.co Sent on a Sprint Samsung Galaxy Note 13 654 -23 Alcala, Abigall From: Oralia Gomez <yayagomz @gmail.com> Sent: Saturday, May 14, 2016 7:16 PM To: !City Council Subject: Mater Doi Expansion- make the right choice I feel saddened to know that there is even a city counsel meeting being held to address this expansion for Mater Del. Being a Santa Ana resident, and being one of the student whom completed my education in the public schools, it angers me to know that a private, very profitable school has even asked the city to pay for it. Our public SAUSD are the ones who really need this money, and there should not be a reason as to why the city should even fund this project. I'm sure if you rounded up a small group of parents of the children that have attended and currently attend Mater Del, they would complete the millions being asked. I hope the city council thinks of this the right way and mattes the CORRECT decision, and give the money to the people who REALLY DO need it. Thanks. 65AL24 Alcala, Abigail From: carolyn.hoerling@gmail.com Sent: Sunday, May 15, 2016 7:39 PM To: !City Council Subject: Mater Del I am voting "NO" on funding Mater Del as this is a private school and they should fund the expenditures, not the taxpayers /citizens of Santa Ana. Thank you I Sent from my Whone 65AE -25 Alcala, Abigail I� From: Jacinta Garcia < jacintaegarcia@gmail.com> Sent: Sunday, May 15, 2016 11:15 PM To: !City Council Subject: NO to $2.5M to Mater Dei Strongly oppose Santa Ana to pay for their parking structure! That's the most ridiculous idea. Sent from my !Phone 65A126 Alcala, Abigail Prom: Lopez, Saida <SLopez2 @css.ccgov.com> Sent: Monday, May 16, 2016 11:01 AM To:. !City Council Subject: Matter Dei High School - $2.5 million dollar request Importance: High Hello, I strongly disagree with spending the city of Santa Ana to pay for the cost of this private high school. Most of their students do NOT reside in Santa Ana; therefore it should be funded by their cities. If they decide to move, Santa Ana can definitely benefit from having a charger school and another fundamental school in this same location. Thank you Saida Lopez Santa Ana Parent (714) 610 -5850 65A-27 Alcala, Abigail From: Elizabeth Connolly <econnolly @jhrep.com> Sent: Monday, May 16, 2016 1:17 PM To: !City Council Subject: Mater Dei Parking Issue Why should taxpayers pay for a parking structure on a private school? Don't they get enough tax breaks? This does not benefit every community tax payer in Santa Ana nor any household that does not send their child to that school. 65A.;28 Alcala, Abigail From: Cavazos, David Sent: Monday, May 16, 2016 11:52 AM To: Garcia, Jorge (CMO); City Council; EMT; Huizar, Maria Cc: Connie Hamilton (connect -to- council @earthlinl(.net) Subject: FW: Mater Dei Attachments: Co n nect2Cou ncil Log c.g if Jorge, please call Connie and answer her questions, would be happy to tall< to her. The City council report has a lot of information. Thank you.david David Cavazos / City Manager City of Santa Ana 20 Civic Center Plaza, M31 / Santa Ana, CA 92701 From; Huizar, Maria Sent: Monday, May 16, 2016 10:37 AM To: Cavazos, David Subject: Fwd: Mater Del David, not sure who you want to assign this too to send Ms. Hamilton information on Mater Dei matter. Begin forwarded message: From: Connie Hamilton scoma.ect -to- council Qearthlinlc.net> Date: May 16, 2016 at 9:35:58 AM PDT To: "Huizar, Maria" <MHuizar @santa- ana.or > Subject: Mater Dei Maria, I saw this and I am trying to got the straight information: https : / /m.facebook.coin/storyphp ?story fbid= 10153685562103391 &id = 126268383390 &connne nt id= 10153685953903391&notif t= like& notif_id= 1463259822579850&ref =m notif Who knows the real story regarding what Mater Doi is asking, or is this dollar amount request indeed ti Lie? Thanks, Connie 714 -745 -1692 65At -29 Alcala, Abigail �a From: Sent: To: Subject: Attachments: This is the last one so far, Mitre - Ramirez, Norma Tuesday, May 17, 2016 12:49 PM Alcala, Abigail FW: ECOMMENT - Council Agenda Item #65 B 2016 May 16 Re Mater Del Funding.docx From: Huizar, Maria Sent: Monday, May 16, 2016 5:59 PM Cc: Cavazos, David; eComment Subject: ECOMMENT - Council Agenda Item #65 B Mayor and City Council, Letter of opposition receiver,) on Mater Del item, for your review and consideration. From: bob! keenan [mailto,;fcasca94 maiLcom] Sent: Monday, May 16, 2016 5:53 PM To: Huizar, (Maria <MHuiear @santa- ana.ofg> Subject: Council Agenda Item #65 B Hello Maria, I am not able to attend the Council Meeting tomorrow night. Please share my attached opinion with the Council Members and City Manager. Thank you so much. bobi keenan 919 Louise St. Santa Ana, CA 92703 65A130 919 Louise Street Santa Ana, CA 92703 16 May 2016 Re: 17 May 2016 Council Agenda Item #65B Dear Council Members and City Manager Cavazos, I am Catholic, I am American. I believe in the principle of separation of Church and State. But, I do not think it is inappropriate for a community to appropriate funds to private schools so long as that money does not support the religious, ideological or academic mission of the institution. Mater Del High School has always contributed and continues to contribute to our City in tangible ways of public service, It also contributes in intangible ways. As an institution known for academic excellence, it is an asset to Santa Ana. Mater Del graduates almost all of its students -our local public high schools do not compare favorably in this regard. Mater Del graduates are very likely to become productive members of their local communities and many of them come from families who have deep roots in Santa Ana, so they have good reasons to return here after pursuing higher education, where they continue to provide a positive financial and social presence to Santa Ana. All that being said, I DO NOT THINK THIS PROPOSAL IS IN THE BEST INTERESTS OF THE PEOPLE OF SANTA ANA. It is just too much money and it looks to me like the bulk of their, admittedly desirable and probably needed, plans for expansion would be placed on the backs of Santa Ana taxpayers. I don't believe this expenditure is proportional to the benefit that tax payers would receive. I CAN support some City funding, for the reasons I have cited above, but not at this magnitude. Sincerely, Bobi Keenan 65A -31 Alcala, Abigail From: Lydia Picasso <lydiapicasso @gmail.com> Sent: Sunday, May 15, 2016 10:48 PM To: !City Council Subject: Mater Dei Expansion I completely support the expansion and contribution to Mater Dei by the City of Santa Ana. I was born and raised in Santa Ana. I attended Mater Dei. I came from low income family and l know ALOT of students who also went to Mater Dei on scholarships based on needbase. IF 1 would have not been given the opportunity and scholarships there is absolutely NO WAY 1 would have obtained the level of education 1 did at Mater Dei, nor would 1 have become the attorney 1 am today. Yes, some will argue that only a select few go there but that is because they or their parents do not reach out and apply. Theres always been the argument that money should go to other schools in Santa Ana but who? OSHA - who is heavily funded by the Samuelie Foundation? Santa Ana High who recently received a HUGE donation from Olmos? Segerstrom, Century High School do not need the funding. Why not give it to the high school that will generate the most prestige, income, and opportunities for the City? 1) Bringing consumers to local SA business that would not otherwise come here to consume; 2) Allow for the City of Santa ana to receive nationwide recognition via the school i.e. sports, media, etc 3) Give Santa Ana residents the opportunity to choose where they want to be educated; 4) Continue to give Santa Ana residents the opportunity to receive ahigh calibur education that they would not otherwise be able to obtain if it wasn't for low income scholarships for SA residents, S) Maintain the tradition in the City, 6) And lastly, allow Mater Dei to educate SA residents that will be tomorrows SA leaders!!! 65A.&32 Alcala, Abigail From: Huizar, Maria Sent: Friday, May 27, 2016 12:47 PM Cc: Cavazos, David; Carvalho, Sonia R.; Mousavipour, Fred Subject: ECOMMENT - Mater Dei High School Agreement Appendix Mayor and City Council, We are in receipt of the following communication on the matter scheduled for June 7"'. The letter will be included in the Agenda packet as part of the record. Thank you. From: Cavazos, David Sent: Friday, May 27, 2016 12:39 PM To: 'Edward Poettgen' <ed poettgen @msn.com >; Pulido, Miguel <MPulido @santa- ana.ore> Cc: Huizar, Maria <MHuizar @santa- ana.org> Subject: RE: Mater Dei High School Agreement Appendix Thank you Pastor Poettgen, I have copied our City Clerk Huizar who will make this email below part of the official record and make sure all the City Council members receive a copy of your thoughts and recommendations regarding Mater Dei High School. david David Cavazos / City Manager City of Santa Ana 20 Civic Center Plaza, M31 / Santa Ana, CA 92701 From: Edward Poettgen [mailto:ed poettgenCa)msn.com] Sent: Thursday, May 26, 2016 12:15 PM To: Pulido, Miguel Cc: Cavazos, David Subject: Mater Dei High School Agreement Appendix Dear Miguel A. Pulido, I was present at the last City Council Meeting and joined in applauding the Escalante family in their 50 years as a business in Santa Ana. And I applaud you as Mayor in dealing with all the issues found on your full Agenda. I may not make it to the next City Council Meeting where an issue 65B regarding Mater Dei High School was continued but wanted to share my thoughts and recommendation. Founded in 1950, 1 am a proud graduate (Class of 1972) and applauded Mater Dei's decision to stay in Santa Ana back when many voices were encouraging them to leave. 65A -33 I applaud Mater Dei's continued efforts to invest in the development of a high quality Center of Education whose notoriety nationwide reflects back on our City of Santa Ana and the commitment to excellence. I applaud Mater Dei's commitment to ensure that our families from our schools and neighborhoods in Santa Ana have a chance to send their children to Mater Dei through its robust Tuition Assistance Program. As Pastor of Immaculate Heart of Mary Church on McFadden & Center St. I can testify for many of our families. I applaud the City of Santa Ana for its work with Mater Dei in the cooperation around the widening of Bristol St., the addressing of neighborhood parking issues and the new construction of facilities and playing fields that has transformed the M.D. Campus into something that we can all take pride. As we continue towards future projects together I encourage our City of Santa Ana to guarantee the funding of the Agreement Appendix that has been previously set. I am confident that you and your colleagues will determine how best to fulfill the City of Santa Ana's commitment and assign which year's City Budget timeframe best fits our common good in this City of Santa Ana. With best regards, Rev Edward Poettgen Pastor of Immaculate Heart of Mary Church (Established in 1958 and named in 1960) This email and any files or attachments transmitted with it may contain privileged or otherwise confidential infonnation. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. 65A'-34 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Thursday, June 02, 2016 2:12 PM To: eComment Subject: Mater Dei Comments for the record. From: Kathleen Kelly [mailto:kathpkelly6 @gmail.com] Sent: Thursday, June 2, 2016 1:46 PM To: Pulido, Miguel <MPulido @ santa- ana.org> Cc: Huizar, Maria <MHuizar @santa- ana.org >; Cavazos, David <DCavazos @santa- ana.org >; Sarmiento, Vicente <VSarmiento @santa- ana.org>; Martinez, Michele <MiMartinez @santa- ana.org >; Amezcua, Angelica <AAmezcua @santa- ana.org >; Benavides, David <DBenavides @santa- ana.org >; Reyna, Roman <RReyna @santa- ana.org >; Tinajero, Sal <STinajero @santa - ana.org> Subject: Dear Mayer Miguel Pulido and Santa Ana City Council Members, My name is Kathleen Kelly and I am a Santa Ana resident, a Mater Dei High School Graduate, Class of 1994 and a current Mater Dei High School employee. I will be in attendance at the upcoming June 7 SA City Council Meeting but I wanted to ensure you that you have residential support of the upcoming vote for the amendment to the Mater Dei High School Development Agreement on the docket that evening. As the youngest child or six Mater Dei graduates, I have been around this school for nearly my entire life. My oldest brother began his freshman year at MDHS when I was just 2 years old and I began working at Mater Dei the summer after my college graduation. This school truly is a family. A family that supports students through millions of dollars of need -based financial aid each school year. Much of which is awarded to Santa Ana residents. This familiar spot at the corner of Bristol and Edinger has been a beacon in this great city for 65 years. About 27,000 MDHS graduates have walked these halls in Santa Ana. Mater Dei's commitment to remaining in Santa Ana and it's commitment to the students of Santa Ana is amazing. As you well know, there were numerous opportunities for MDHS to move elsewhere in Orange County but MD has continued to invest in our city and our residents and remains one of the best high schools in the country, right here at Bristol and Edinger. The partnership of the school and the City through the robust redevelopment of the campus has been fantastic. With the final phase just around the corner, I urge you to continue that partnership by guaranteeing fiscal support of the public works portions of the upcoming parking structure construction. Thank you for your time, Kathleen Kelly Santa Ana West Floral Park Resident 65A -35 65A -36